Can I catch up on past due rent payments over time?
Yes. In a Chapter 13 or Chapter 11 case, you can provide for catching up on past due rent over a period of time (typically 36-60 months in Chapter 13, and potentially longer in Chapter 11).
Will Bankruptcy Stop An Eviction?
Yes. The automatic stay in bankruptcy will temporarily stop any eviction IF the case is filed before the eviction process has terminated your rights to possession of the property. How long the protection lasts depends on which bankruptcy chapter you file and whether you provide for catching up on the past due rent amounts. See more information on evictions in bankruptcy.
Can I Eliminate or Discharge Rent Debt Owed To My Landlord In Bankruptcy?
Yes! Any bankruptcy chapter enables you to discharge rent obligations owed to a landlord. Of course, if you don't pay your rent, the landlord has the right to evict you.
What Are The Different Bankruptcy Chapters And Which One Do I Need To File?
There are significant differences in the different bankruptcy chapters, what they can accomplish for you, what risks there are, and in eligibility to file under each. Ultimately the way to determine which is best for your situation and which you qualify for, you need to have a comprehensive consultation with a bankruptcy attorney in your area. For more information see my page on the Different Bankruptcy Chapters
If the debt is guaranteed by a third party, can I still pursue that party in collections during the debtor’s bankruptcy?
Generally, yes. But, in a chapter 13 the automatic stay also protects co-obligors on consumer debts. Under such circumstances, you would need to seek court approval to proceed against the third party.
Should I attend the Trustee Meeting Of Creditors (341a Meeting)?
Generally speaking there is no great benefit to attending. Although, this depends on what chapter was filed and what the circumstances of the particular debtor is. Due to time constraints, questioning by creditors at these meetings is very limited. If you wish to discover information about the debtor, your better course is to seek court approval to take the debtor’s deposition (under Bankruptcy Rule 2004).
If I was not listed in the bankruptcy and didn’t receive notice, can my debt still be discharged?
Generally, a debt that is not listed or scheduled on a bankruptcy petition will not be discharged unless the creditor has notice or actual knowledge of the case in order to timely file a proof of claim. HOWEVER, if it is a no asset bankruptcy (meaning, no distribution would be made), most courts hold that the debt will be discharged even if it was not listed since there would be no distribution in any event. If you have grounds for [...]
May a debtor add additional creditors after the case has been filed?
Yes. This may be done at any time. A debtor may also amend to correct or add any other information contained in the papers.
How do I determine the deadline for filing a proof of claim?
Shortly after the bankruptcy filing, the court sends out a notice of bankruptcy that includes information regarding the date, time and place of the first meeting of creditors, the deadline for filing proofs of claim, and deadline for filing objections to discharge.
How do I get the debtor to reaffirm my debt?
Debtors may choose to reaffirm certain pre-bankruptcy obligations. This reaffirmation turns the debt into a post-bankruptcy obligation. This is desirable for creditors, but almost never for debtors. Extreme care must be exercised in seeking a debtor’s reaffirmation as there are increasing court and other legal requirements for doing so.