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Protection from Creditors through the Automatic Stay

July 31, 2017 by Chris Kane

The moment you file bankruptcy you and your property are protected from almost all collection attempts by your creditors.    The part of federal bankruptcy law called the “automatic stay” protects you from your creditors during a bankruptcy case. The Law on Automatic Stay The ... Read More »

Filed Under: Automatic Stay Tagged With: Foreclosure, lawsuit, repossession, stopping eviction, stopping repossession, vehicle repossession

Dealing with a Civil Lawsuit Related to Criminal Charges

May 1, 2017 by Chris Kane

Criminal charges can also lead to civil claims against you. Bankruptcy can help with certain crucial aspects of civil litigation.   Criminal and Civil Law As we discussed last week, bankruptcy does not write off criminal fines or restitution. And the “automatic stay,” which stops ... Read More »

Filed Under: Criminal Law Tagged With: civil lawsuit, criminal debts, damages, judgments, lawsuit, trial

How Do You Decide Whether to File Bankruptcy?

January 23, 2017 by Chris Kane

To make this decision well, accept that you need help, become well-informed about your options, then with good counsel make the best choice.    Accepting Reality How can you make a good decision about something as personal and complicated as whether to file bankruptcy? First, ... Read More »

Filed Under: Pre-Bankruptcy Planning Tagged With: Bankruptcy Code, bankruptcy options, debts, discharge of debts, lawsuit

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

The Judgment Liens that Can Be “Avoided” from Your Home’s Title

February 1, 2016 by Chris Kane

Bankruptcy can’t get rid of most creditor liens on what you own. But judgment liens on your home are an exception.   Our last blog post was about judgment liens, why they are so dangerous, and how both Chapter 7 and 13 types of bankruptcy can deal with them. Today’s blog post ... Read More »

Filed Under: Real Estate Tagged With: avoiding judgment liens, discharge, discharge of debts, judgment liens, judgments, lawsuit

Making Sense of Bankruptcy: Erasing a Judgment Lien from the Title to Your Home in a Chapter 7 “Straight Bankruptcy”

May 27, 2015 by Chris Kane

A judgment lien puts a cloud on the title to your home. Bankruptcy can often get rid of the underlying debt and the judgment lien as well.   This is the sentence that we’re explaining today, phrase by phrase: A judgment lien that attaches to your home can be permanently removed ... Read More »

Filed Under: Chapter 7, Real Estate Tagged With: avoiding judgment liens, discharge of debts, judgment liens, judgments, lawsuit

Making Sense of Bankruptcy: How Filing a Chapter 7 or 13 Case Stops Creditors’ Actions against You

May 6, 2015 by Chris Kane

Federal bankruptcy laws override state collection laws, protecting you and your assets from debt collection.   In this “Making Sense” series, we’re explaining bankruptcy through individual sentences about each of its important concepts. Today’s sentence: Filing a consumer bankruptcy case ... Read More »

Filed Under: Automatic Stay Tagged With: automatic stay, credit cards, garnishment, lawsuit, repossession

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