Bankruptcy Blog

A no asset case in a Chapter 7 bankruptcy is the usual goal for a debtor. Why? A no asset case means you have no financial obligation to the bankruptcy estate. Unlike a Chapter 13 bankruptcy where you must make payments for three to five years. Who Makes the Determination of a “No Asset” Case?…

It is not unusual that the spouse of a financially distressed person is unaware of the financial difficulty of the other spouse. Reasons may include one spouse controls the finances, one spouse runs a small business, or the couple keep their financial affairs separate. So, the question often arises how to talk to your spouse…

One of the best bankruptcy protections afforded a debtor from his or her creditors is the automatic stay. In what ways does the automatic stay stop creditor actions and when does it not protect the debtor? Debtor Protection Under the Automatic Stay Once the bankruptcy case is filed an automatic stay under 11 U.S.C. §362…

Can you file a new bankruptcy if you filed a prior bankruptcy? The better question is, if you previously filed bankruptcy, how long do you have to wait to file a new bankruptcy in order to obtain a discharge of new debt? Usually, it is pointless to file bankruptcy if you are not going to…

What is the effect of a personal injury claim in bankruptcy law? A personal injury claim can arise before, during, or after you file a Chapter 7 or Chapter 13 bankruptcy. This article looks at the effect of a personal injury claim in a Chapter 7 bankruptcy. What is a Personal Injury? First, we must…

What are the effects of social security benefits in a bankruptcy proceeding? That depends on whether you are filing a Chapter 7 Bankruptcy or a Chapter 13 bankruptcy. Effects of Social Security Benefits in a Chapter 7 Bankruptcy In Colorado, and elsewhere, social security benefits are exempt in a bankruptcy proceeding. This means the Chapter…

The ability to keep your car or truck in bankruptcy is often a major consideration when filing a Chapter 7 or Chapter 13 bankruptcy. A dependable vehicle is often essential to keeping a job or getting the kids to school. Fortunately, in a Chapter 7 bankruptcy, you can almost always keep your car or truck…

In a Chapter 7 bankruptcy you will need to know how to answer a Trustee Information Sheet. After the bankruptcy case is filed, a meeting of creditors takes place in about thirty days. Before or at the meeting of creditors, various documents will be required to be submitted to the Trustee. One such document is…

Farmers may have an alternative to a Chapter 7 bankruptcy liquidation, Chapter 13 adjustment of debts, or a Chapter 11 reorganization of debts. The alternative is Chapter 12, an adjustment of debt for a family farmer. Qualifications of a Chapter 12 Family Farmer (Non-Individual) Chapter 12 of the Bankruptcy Code includes both family farmers and…

Are you a farmer? If so, you may have the alternative to choose a Chapter 12 Bankruptcy for family farmers, instead of a Chapter 7, 11, or 13. A Chapter 12 generally allows the farmer to remain in possession and control of the farming operation. Who Qualifies as a Chapter 12 Family Farmer? Chapter 12…