Category Archives: Chapter 7

The different kinds of bankruptcy trustees

Russell DeMott is a bankruptcy attorney in South Carolina, and he has posted a hilarious article on the internet outlining the differences between Chapter 7 bankruptcy trustees and Chapter 13 bankruptcy trustees. Attorney DeMott’s thesis is that Chapter 7 trustees act like voracious wolverines, chewing through all the debtors they come across in a desperate […]

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Do consumer bankruptcies really hurt consumers?

If you have been looking around on the Internet for financial or bankruptcy information, there’s plenty of it out there, but you gotta know who you can trust. If you’re looking specifically for bankruptcy information, we hope you will trust this site. I try hard to keep it up to date and accurate. Until recently, […]

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Bankruptcy and divorce: can the bankruptcy court step in and re-do your divorce settlement?

Bankruptcy and divorce — those handmaidens of a whopping mid-life crisis — are serviced by competing court systems with competing and confusing rules and requirements. Here is a guide to (at least partially) untangling the mess. First, since 2005 there has been a notion in the bankruptcy courts of something called a “domestic support order,” […]

Also posted in Chapter 13, The Bankruptcy Code | Comments closed

Seven key facts about Chapter 7 bankruptcy

Confused about the different “chapters” of the bankruptcy code? Here’s a very quick cheat sheet on Chapter 7, which is what the majority of people file. It’s a quick proceeding — by lawyer’s standards anyway — typically over and done in four months or less. If your family income is under the state average for […]

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Confusion reigns on whether a means test is needed when converting a bankruptcy case to Chapter 7

If you file a Chapter 7 bankruptcy case, debtors with mainly consumer debts have to also file a “means test,” which proves they qualify for Chapter 7 relief based on their recent income. If you file Chapter 13 case, there is no pure means test (although there are qualifications), but you file a very similar […]

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If you have no assets, should you file bankruptcy anyway?

Some people pass around a common bit of bad advice, to the effect that a person with no assets is “judgment proof” and therefore never needs to file a bankruptcy case. While there is a grain of truth in this assertion, as always, there is another side to the story. First, if a “no asset” […]

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Twists and turns on the bankruptcy means test for newly unemployed debtors

Debtors with relatively high incomes who suddenly lose their job have some unique hurdles to clear if they need to consider bankruptcy. This is because the “means test” that calculates whether or not a debtor is eligible for a Chapter 7 discharge is a backwards-looking thing; all calculations are based on your earnings in the […]

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Who can make trouble for you in a Chapter 7 bankruptcy case?

If you file a Chapter 7 bankruptcy case, are your creditors likely to object to it? Typically, the answer is no, although every bankruptcy attorney has war stories about the exceptions. And despite what you’d probably guess, objections are less likely to come from major credit card companies than they are from creditors whom you […]

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Debtors take it on the chin trying to get rid of second mortgages

The Bankruptcy Code has a well deserved reputation for favoring consumers who litigate under it, but that doesn’t mean that consumer debtors win every case or every argument. A group of Florida debtors were handed a significant loss last week in their attempt to “strip off” second mortgages on their underwater homes. U. S. Bankruptcy […]

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Loan Modifications on Underwater Homes: just delaying the inevitable?

You’ve just spent months trying to get a loan modification on the mortgage for your house, and today you found out you got accepted into their program. Congratulations! Or maybe not. What if your house isn’t worth as much as the loan, even the modified loan? We call that being underwater. Blub. Blub. Blub. No […]

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