Debtors primarily file Chapter 7 bankruptcy cases for the purpose of obtaining a discharge or release of the obligation to repay a debt. A discharge order at the end of a Chapter 7 case cancels or erases a debtor’s personal liability for most debts. The reaffirmation of a debt in…
Category: Bankruptcy
Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer that can assist you in…
Surprisingly, many individuals who prepare for filing a bankruptcy don’t know the difference between a secured debt and an unsecured debt. Whether or not the filing of a bankruptcy case is the ultimate goal, knowing the distinction between the two types of debts is significantly important. In Chapter 7 and…
Once wages or a bank account is garnished, an ensuing Chapter 13 bankruptcy filing will typically stop the garnishment. Having wages reduced by a garnishment often causes financial stress and hardship since it reduces disposable income. Filing a bankruptcy case invokes the unique protection of the automatic stay, which is…
Bankruptcy trustees are given the power under 11 U.S.C. § 548 to avoid certain transfers made by a debtor of assets that unfairly place them beyond the reach of creditors. A “fraudulent conveyance” is a transfer of the debtor’s assets to a third party with the intent to prevent creditors…
Loan Lawyers, LLC is licensed to practice law in the state of Florida. If you have a legal matter that you would like to discuss and you are NOT located in Florida, please contact your state’s Bar Association to get the information of a lawyer who can assist you in…
Prospective clients considering bankruptcy often ask if it is possible to file a Chapter 13 bankruptcy case with outstanding, unfiled tax returns. Filing a bankruptcy case with delinquent tax returns is simply not a good idea since it may cause a Chapter 13 case to be dismissed by the Bankruptcy…
The filing of a bankruptcy can be an intimidating and overwhelming process, if not carefully planned. For many, the decision to file has come only after the realization that they can no longer stay the course and they need the court’s equitable intervention. Hopefully, an experienced bankruptcy attorney has assisted…
In 2005, Congress overhauled the bankruptcy code by passing the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). Central to this was the enactment of the means test. A list of 14 questions is known as Form 122A. this determines whether there is disposable income available to pay creditors and…
