Here’s an email I got on Friday, March 15 2013. I started the bankruptcy process with your office in 03/2012 and stopped the process.  That was a wrong decision!!!  My house is scheduled for foreclosure on Monday 03/18/13 and I have tried working with Wells Fargo to postpone the sale.  NACA and Senator Mark Warner’s [...]The post Emergency bankruptcy filing in Northern Virginia appeared first on Robert Weed.

It is broadly accepted by most non-bankruptcy practitioners that bankruptcy lawyers are “a different breed,” and (similarly) that Bankruptcy Court is a “whole other ballgame” compared with “normal” litigation in state and federal courts.

At Shenwick & Associates, we often get questions from clients if they may transfer a house from one spouse to another after being sued or prior to a bankruptcy filing:An upstate bankruptcy court addressed this question and held that such a transfer could be a fraudulent conveyance and set aside. The name of the case was In re Tina M. Panepinto, 12-11230. U.S. Bankruptcy Court, Western District 12-11230In In re Tina M. Panepinto,  a wife  who was insolvent owned a wholly-exempt homestead (house) free-and-clear, and (without consideration) transferred her half ownership to her husband.

Most people have a negative association with the word bankruptcy.  However, often what you heard is misleading and misinformed statements from people who are not well versed in bankruptcy law. Many very successful people and businesses have filed bankruptcy and have gone on to become very prosperous.

Bankruptcy is designed as a way for an insolvent debtor, one who cannot pay his or her creditors, to get a fresh start.

Bankruptcy is designed as a way for an insolvent debtor, one who cannot pay his or her creditors, to get a fresh start.

In the first few months of any given tax year, families across Washington eagerly wait for their tax refund checks to come back in the mail. For many Washington families, the whole refund process is really used as a savings device to get the money together to cover large out of pocket expenses that cannot be satisfied out of a bi-weekly paycheck. Fortunately, Washington consumers who wish to keep their refund checks while filing bankruptcy can usually accomplish these twin aims without risking the loss of a dime to their Chapter 7 Bankruptcy Trustee.

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.

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.

If you’re facing foreclosure, you need to talk to an experienced professional immediately. A qualified expert can evaluate your situation and explore your options with you.