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The Debtor, Creditors, and Clerk in a Bankruptcy Case

January 9, 2017 by Chris Kane

Your bankruptcy case will make much more sense if you know the roles of the people involved, starting with debtor, creditors, and clerk.    The Debtor This is the “person” filing the bankruptcy case. An individual can file a case, as can a married couple. The ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: bankruptcy court, clerk of bankruptcy court, creditors, debtor, secured debts, unsecured creditors

Chapter 7 Bankruptcy Can . . . Remove a Judgment Lien

June 27, 2016 by Chris Kane

Besides legally writing off all or most of your debts, "straight bankruptcy" can often remove judgment liens from the title of your home.   Chapter 7 bankruptcy usually has two main goals, and usually accomplishes them. #1: Filing the bankruptcy case immediately stops your creditors from ... Read More »

Filed Under: Chapter 7 Tagged With: creditors, judgment lien, judgment lien avoidance, judgment liens, judgments, lawsuit

Debts Not Listed in Your Bankruptcy Documents

April 25, 2016 by Chris Kane

If one of your creditors is not included in your "schedules" you risk continuing to owe that debt after your bankruptcy is finished.   Legal Obligation to List All Creditors Overall you are required by law to list all your debts and their creditors on your bankruptcy schedules. You can’t ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: asset Chapter 7 case, creditor schedules, creditors, discharge of debts, no-asset case

New Thresholds for a “Luxury” Purchase or Cash Advance to Be Presumed Fraudulent

February 29, 2016 by Chris Kane

Creditors will be a little less likely to challenge the writing off of recent uses of credit. As of April 1, 2016 creditors will have slightly harder time showing that recent credit purchases or cash advances were fraudulent and so can’t be written off (“discharged”) in ... Read More »

Filed Under: Discharge of Debts Tagged With: cash advances, credit cards, creditors, discharge debts, fraud, misrepresentation

A Fresh Start against Your Co-Signer

February 19, 2016 by Chris Kane

Through bankruptcy, you may be able to and want to pay a co-signed debt. If not, you need protection from that debt and from your co-signer.   A friend or relative may have helped you earlier by co-signing a debt for you. But now you find yourself needing relief from all or most of your debts ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: co-debtor stay, co-signed debt, creditors, discharge, discharge of debts

Bankruptcy Timing and the Holidays: “Preference”€ Payments

December 16, 2015 by Chris Kane

You may have extra motivation and greater ability to repay a personally important debt this time of year. But maybe you shouldn’t.   Careful about Paying a Favored Creditor Around the holidays you may be extra motivated to pay back a personal loan. The relative or friend may be in real ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: creditors, favored creditors, friends and relatives, pre-bankruptcy planning, preferences, preferential payments

Mistakes to Avoid: Paying a Favored Creditor Before Filing Bankruptcy

August 31, 2015 by Chris Kane

Doing what you believe is the right thing can backfire, if you pay a special creditor before you file bankruptcy.   “Preference” Payments Bankruptcy law focuses for most purposes on what you own and who you owe at the moment your bankruptcy case is filed. But there are some limited ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: creditors, pre-bankruptcy planning, preferences, preferential payments, trustee

Making Sense of Bankruptcy: Avoid Dangerous “Preference” Payments

July 8, 2015 by Chris Kane

Be careful about trying to be nice and paying back relatives and friends in order to keep them out of your bankruptcy case.   Here’s the sentence that we’re exploring today: You may be tempted to pay certain special creditors before filing bankruptcy—such as relatives or ... Read More »

Filed Under: Pre-Bankruptcy Planning Tagged With: Chapter 7 trustee, creditors, friends and relatives, pre-bankruptcy planning, preferences, preferential payments

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