Using a credit card shortly before filing bankruptcy doesn’t seem right. The law agrees. Writing off this kind of debt can be a problem.
How to know whether to delay filing bankruptcy when you’re expecting new medical services and their medical debts? Here are two examples.
A bankruptcy covers the debts that exist as of the time your case is filed, not future debts. So how do you know when to file your case?
What does the completion of a successful Chapter 7 “straight bankruptcy” case look like? What happens to your debts?
Finishing a Chapter 13 case successfully is a big deal. It is rewarding financially and emotionally. Here’s how it happens.
In our example about the process about whether a debt gets discharged, here’s what happens at the bankruptcy court trial itself.
Here’s an example showing how to answer a creditor’s complaint objecting to the legal write-off of a debt in bankruptcy.
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.
To legally write off–discharge–a student loan in bankruptcy takes an extra step: proving that it is causing you “undue hardship.”
A creditor or a bankruptcy trustee could potentially object to the discharge–legal write-off–of ALL your debts. Very rare, and preventable.
Sue a creditor to confirm that a debt will be discharged, or to punish the creditor for violating the automatic stay or the discharge order.
Sometimes it’s in your best interest to force an issue in bankruptcy court by, in effect, suing a creditor in an adversary proceeding.
Disputes in bankruptcy court requiring the judge’s resolution may be done so through an adversary proceeding.
Chapter 13 has advantages and potential disadvantages compared to Chapter 7–it’s more flexible but there’s a chance you’ll pay more.
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