Articles from David M. Siegel

Is there anything I should not do if I’m thinking of filing for bankruptcy?

There are several things that you should not do if you are considering filing for bankruptcy under either Chapter 7 or Chapter 13.  One of the things that people do which is a prohibited act is repaying a family member or a friend within a year of filing for bankruptcy.  This is known as a+ Read MoreThe post Is there anyt

How Can Chapter 13 Bankruptcy Help?

Chapter 13 bankruptcy can help you in a ton of ways if you are struggling financially.  The first way that Chapter 13 can help you is to save your house.  If you have fallen behind on your mortgage payments because of the loss of job or illness or just unexpected expenses, you can put what+ Read MoreThe post How Can Chapter 13 Bankruptcy Help? appeared first on

Information About Debtor’s 341 Meeting of Creditors

A creditors’ meeting is required under section 341 of the Bankruptcy Code.  In simple terms, it is a meeting of the minds between the parties present at the meeting.  The parties that will be present at the meeting will be you, the debtor; the debtor’s attorney, and a representative from the trustee’s office.  If you+ Read MoreThe post Information About Debtor’s 341 Meet

Is there anything I should not do if I’m thinking of filing for bankruptcy?

There are several things that you should not do if you are considering filing for bankruptcy under either Chapter 7 or Chapter 13.  One of the things that people do which is a prohibited act is repaying a family member or a friend within a year of filing for bankruptcy.  This is known as a+ Read MoreThe post Is there anything

What do I need to do before filing for Chapter 13?

The very first thing you need to do before filing for Chapter 13 is to meet with an experienced attorney in your area to talk about your case. Most attorneys will have a bankruptcy questionnaire which you will fill out in advance or at your meeting.

Who can file a Chapter 13 bankruptcy?

A Chapter 13 bankruptcy can be filed by an individual or a joint case husband and wife.  Chapter 13 cannot be filed by a corporation.  In order to file for Chapter 13, an individual must complete several prefiling requirements.  The most important requirement is the taking of a credit counseling session.  The credit counseling session+ Read MoreThe post Who can file a Chapter 13 bankruptcy? app

What are the most common causes of Chapter 13 bankruptcy?

Chapter 13 bankruptcy is reorganization through a Chapter 13 trustee.  The reason why many people will file Chapter 13 is to save a home that has gone into foreclosure.  Now, the reason why the home fell into foreclosure could be several; in many cases, someone has lost their job, fallen behind on their bills and+ Read MoreThe post What are the most common ca

Do I have to hire an attorney to file for bankruptcy?

You do not have to hire an attorney to file for bankruptcy; however, I would strongly recommend that you do so.  You do have the ability to fill out forms online or from an office supply company, go down to the clerk’s office and attempt to handle a Chapter 7 or Chapter 13 bankruptcy case+ Read MoreThe post Do I have to hire an attorney to file for bankruptcy? ap

What is Chapter 13 bankruptcy?

Chapter 13 bankruptcy is one form of bankruptcy under the United States Bankruptcy Code whereby someone reorganizes their debt and pays back either all or a portion of the debt over a 3 to 5 year period.  Chapter 13 is most commonly used to save a home that’s in foreclosure.  In a Chapter 13, a+ Read MoreThe post What is Chapter 13 bankruptcy? appeared first on

Can my student loans be discharged in bankruptcy?

Typically student loans are going to be non-dischargeable.  A non-dischargeable debt is a debt that is not going to be eliminated in a bankruptcy case.  Student loans are the type of debt that are typically non-dischargeable except for extreme hardship cases.  In my 21 years of practice, I have never had an extreme hardship case+ Read MoreThe post Can my student loans be dis

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