You only need to go to a reaffirmation hearing if you don’t have a lawyer, or he or she doesn’t sign the reaffirmation agreement. Reaffirmation Agreement If you want to keep the collateral on a debt usually you have to exclude that debt from the legal write-off (“discharge”) of your debts that you receive in a Chapter 7 “straight … Read More
The Bankruptcy Code explicitly says that, at the request of the person in a Chapter 13 case, the bankruptcy “court shall dismiss” the case.
Chapter 13 revolves around your payment plan, which you propose based on your budget, and possibly negotiate with creditors and the trustee.
Besides your creditors, the main person you need to be careful about in a “straight bankruptcy” Chapter 7 case is the trustee. Who’s that?
The trial, almost always in front of a bankruptcy judge and no jury, is the final determinator whether the challenged debt gets discharged.
“Discovery” covers all the methods used to get at all the relevant facts in a dispute with a creditor about the discharge of a debt.
If you decide not to settle but rather fight a creditor trying to make you pay a debt that you want to discharge, here’s what happens.
Sometimes it’s in your best interest to force an issue in bankruptcy court by, in effect, suing a creditor in an adversary proceeding.
Usually it’s not hard to avoid getting into a dispute with your trustee. But you need to know the law and follow it.
Disputes in bankruptcy court requiring the judge’s resolution may be done so through an adversary proceeding.
An unexpired lease or executory contract gets special treatment in bankruptcy. You’ll likely get the option of “assuming” or rejecting it.
Execution liens on your home are like judgment liens, “avoidable” in bankruptcy. But only if the underlying debt can be discharged.
Here’s an example showing why a judgment lien on your home is dangerous, and how bankruptcy can solve this problem.
If a creditor’s proof of claim is a “priority” or secured debt is too high, object to it to avoid paying too much in your Chapter 13 case.
If you object to a creditor’s proof of claim in your Chapter 13 case, and prevail in that dispute, you pay nothing on that debt.