You must list all your debts when you file bankruptcy. So don’t skip any on purpose. Plus debts not listed you could still owe afterwards. Supposed to List All Creditors You can’t pick and choose which debts to include in your bankruptcy case. The U.S. Bankruptcy Code says that the first duty of a bankruptcy debtor is to provide … Read More
The Timing on Writing Off Recent Credit Card Debt
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.
Bankruptcy Timing with New Medical Debts
How to know whether to delay filing bankruptcy when you’re expecting new medical services and their medical debts? Here are two examples.
Timing to Include Debts in Your Bankruptcy Case
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?
Example of a Completed Chapter 7 Case
What does the completion of a successful Chapter 7 “straight bankruptcy” case look like? What happens to your debts?
Finishing Your Chapter 13 Case
Finishing a Chapter 13 case successfully is a big deal. It is rewarding financially and emotionally. Here’s how it happens.
An Example of a Trial in a Dischargeability Proceeding
In our example about the process about whether a debt gets discharged, here’s what happens at the bankruptcy court trial itself.
An Example of an Answer to a Creditor’s Dischargeability Complaint
Here’s an example showing how to answer a creditor’s complaint objecting to the legal write-off of a debt in bankruptcy.
The Court Trial about the Nondischargeability of a Debt
The trial, almost always in front of a bankruptcy judge and no jury, is the final determinator whether the challenged debt gets discharged.
Discovery of Facts When Fighting for Discharge of a Debt
“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.
Discharging a Student Loan
To legally write off–discharge–a student loan in bankruptcy takes an extra step: proving that it is causing you “undue hardship.”
Objection to the Discharge of Any of Your Debts
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 in Your Bankruptcy Case
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.
A Debtor’s Adversary Proceeding
Sometimes it’s in your best interest to force an issue in bankruptcy court by, in effect, suing a creditor in an adversary proceeding.
What’s an Adversary Proceeding?
Disputes in bankruptcy court requiring the judge’s resolution may be done so through an adversary proceeding.
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