Articles from The Law Office of David H. Fuller

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Post-Petition Property Transfers

Submitted by Anonymous (not verified) on Sat, 05/04/2013 - 19:01

Post-Petition Property Transfers
Every so often clients will ask me if they can sell, give away, deed, or transfer property after their bankruptcy is filed.  I’m glad that they ask, because the consequences for a prohibited post-petition property transfer are steep.

How Fast Can You File Bankruptcy?

Submitted by Anonymous (not verified) on Fri, 05/03/2013 - 18:45

How Fast Can You File Bankruptcy?
As little as 20 minutes.  It is called a barebones filing.  You file just enough documents to get a case number and put the automatic stay into effect.  Since an attorney can file a case electronically, you file the case and get a case any day, any time.  However, you should only do a barebones filing if it is a true emergency, and you need to stop a creditor’s collection action immediately.

Should You Sign A Reaffirmation Agreement

Submitted by Anonymous (not verified) on Thu, 05/02/2013 - 19:13

Keep Property Without Signing Reaffirmation Agreement
When you file a chapter 7 bankruptcy, you will have the option of reaffirming your secured debts.  The most common reaffirmation is done on a car loan.  Many of my clients have questions about reaffirmation agreements; and whether it is in their best interests to sign a reaffirmation agreement.
What Is A Reaffirmation Agreement?

Motion To Abandon Property Of The Estate

Submitted by Anonymous (not verified) on Mon, 04/22/2013 - 19:00

The motion to abandon property of the estate is one of the most important parts of motion practice in bankruptcy.  It is particularly important in chapter 7 bankruptcy, because the chapter 7 trustee takes control of all property of the estate.  Additionally, it is important to understand how it works when you omit property from your bankruptcy schedules.

Short Sale By Chapter 7 Trustee

Submitted by Anonymous (not verified) on Mon, 04/22/2013 - 02:07

In the Western District of Washington – encompassing Seattle, Tacoma, Vancouver, and Bellingham – it is fairly common for the chapter 7 trustee to conduct a short sale on a debtor’s real property, if a few conditions are met.  The chapter 7 trustee might conduct a short sale on a debtor’s real property if:

US Trustee Suspends Random Audits Indefinitely

Submitted by Anonymous (not verified) on Thu, 04/04/2013 - 01:41

The US Trustee’s Office has indefinitely suspended its random audit program effective March 2013.  The random audit program was one of the fraud prevention measures added in the 2005 BAPCPA amendments to the US Bankruptcy Code.  (Wall Street Journal)  The audit program has also been a significant cause of stress and concern for many of my clients.

Lessons From the Casey Anthony Bankruptcy

Submitted by Anonymous (not verified) on Tue, 03/19/2013 - 21:42

The Casey Anthony bankruptcy is a good illustration of the two immutable rules of bankruptcy:

Chapter 7 Trustee

Submitted by Anonymous (not verified) on Sat, 03/16/2013 - 02:15

The chapter 7 trustee is a private party who is appointed by the US Trustee’s Office to oversee chapter 7 cases.  Most chapter 7 trustees are attorneys, but some are CPAs or people with backgrounds in business.  The chapter 7 trustee conducts the 341 meeting of creditors, reviews the petition for accuracy, collects and liquidates assets, makes the asset report to the court, and reports suspected fraud to the US Trustee’s Office.

Overturning, Revoking, or Denying A Bankruptcy Discharge

Submitted by Anonymous (not verified) on Fri, 03/15/2013 - 19:04

People want to know whether a bankruptcy can be overturned or revoked.  There are three ways that a bankruptcy can be overturned or revoked: 1) denial of discharge, 2) revocation of discharge, or 3) denial of dischargeability.  Each one is different.
Denial of Discharge
A bankruptcy discharge is denied through an adversary proceeding.  Denial of discharge is usually what people mean when they ask if a bankruptcy can be denied.

Flat Fee Chapter 7

Submitted by Anonymous (not verified) on Wed, 03/13/2013 - 18:00

Attorney’s fees are always a big issue for my clients, because money is tight and they are worried about how they can afford a bankruptcy attorney.  It is important you to understand how attorneys’ fees work in chapter 7 bankruptcy.

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