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.

2021-08-27T16:15:03-07:00August 27th, 2021|

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

2021-08-25T16:00:25-07:00August 25th, 2021|

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).

2021-08-25T11:49:38-07:00August 25th, 2021|

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 [...]

2021-08-25T11:48:48-07:00August 25th, 2021|

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.

2021-08-25T11:44:14-07:00August 25th, 2021|
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