Payday Loans in Bankruptcy

Payday loans, or paycheck advances, are high interest rate loans designed to help the borrower receive some quick cash to help any financial burdens until they receive their next paycheck.  Since these payday loans have such a high interest rate, they become very devastating to borrowers.  If borrowers are relying heavily on these loans, their [...]

Are Homeowner Fees Dischargeable?

A common misconception of filing a Chapter 7 bankruptcy and surrendering your house, or “walking away” from it, is that once your case is filed you no longer are responsible for taking care of that property.  That simply is not the case.  Until the bank actually comes in and forecloses on the property you remain [...]

Public Bankruptcy Filings may Help Your Cause in a Divorce Battle

public bankruptcy recordsZsa Zsa Gabor, a 1950′s movie star known for her 8 marriages, once remarked, “I’m an excellent housekeeper.  Ev

Internet Payday Loans are Illegal in Virginia

Internet payday loans are illegal in Virginia.  They are a felony.

The Automatic Stay and Chapter 13 Serial Filers

The Automatic Stay afforded to repeat (or serial) Chapter 13 filers has long been a thorn in the side of the mortgage industry, as each successive Chapter 13 filing resurrects the Automatic Stay and prevents the mortgage lender from completing their foreclosure. Bankruptcy Code Sections 362 (c)(3)&(4) were intended by Congress to limit the duration... Read More »

The Automatic Stay and Chapter 13 Serial Filers

The Automatic Stay afforded to repeat (or serial) Chapter 13 filers has long been a thorn in the side of the mortgage industry, as each successive Chapter 13 filing resurrects the Automatic Stay and prevents the mortgage lender from completing their foreclosure. Bankruptcy Code Sections 362 (c)(3)&(4) were intended by Congress to limit the duration of the Automatic Stay afforded to serial filers in certain circumstances.

Will a Pending Divorce Screw Up Your Chapter 13 Bankruptcy?

divorce, divorce Once your Chapter 13 has been confirmed you have a sense of relief because your financial chaos is finally under control. Your home is secure, your vehicles are secure.  You're feeling pretty good about life, as you should. 

Chapter 13 Discharges Divorce Property Settlement

Divorce.jpgA recent ruling by the Nebraska Bankruptcy Court underscores one of the primary differences between the treatment of divorce debts in Chapter 7 and Chapter 13 cases.  (See In re Schulz, Nebraska Adversar

DO I HAVE TO GO TO COURT IF I FILE BANKRUPTCY?

Normally, you can file bankruptcy without ever stepping in a court room.  Without question you will have to attend a meeting with the bankruptcy trustee, but this isn't a court proceeding and no judgments can be made at this meeting.  Everyone who files bankruptcy, whether chapter 7 or chapter 13, has to attend this meeting with his or her attorney.  It is simply a chance for the trustee to ask you a few questions under oath regarding the truthfulness of your bankruptcy paperwork.  For chapter 13 filers, a confirmation hearing with the judge is scheduled to occur about a month after the tru

Ask a Bankruptcy Attorney: I Don’t Own Anything. Can I file Chapter 7?

Question mark
Marco Bellucci / Foter / CC BY

Q:  I want to file Chapter 7 bankruptcy and I should qualify because I don’t own anything, right?  The only thing I have is my car and my house.  I would pay all my bills now but I’m waiting on a lawsuit settlement that hasn’t come in yet.  –Amanda P.

Pages

Subscribe to Bankruptcy Resources RSS