Burr Forman

MAY 1, 2023

The Seventh Circuit held that the plaintiff, a Chapter 7 bankruptcy debtor, did not allege a concrete injury where he asserted that the defendant's collection letters "confused," "scared," and "alarmed" him.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Debtor Bankruptcy Collections 52

Sawin & Shea

SEPTEMBER 14, 2022

When filing Chapter 7 or Chapter 13 bankruptcy, it’s critical to understand the difference between consumer debt and non-consumer debt. If you’re considering filing Chapter 7 or Chapter 13 bankruptcy, consider enlisting the help of skilled bankruptcy attorneys.

Chapter 13 bankruptcy 122

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Student loans 122

Sawin & Shea

JANUARY 11, 2024

Bankruptcy filings for both individuals and businesses are on the rise. Since 2005, a debtor education course from an approved provider is mandatory for anyone who files for bankruptcy. Debtor education classes provide customized guidance based on your unique circumstances.

Education 52

Education Debtor Bankruptcy Chapter 13 bankruptcy 52

Troutman Sanders

JANUARY 29, 2024

Bankruptcy Court for the Southern District of Florida disagreed and entered an award of sanctions in the total amount of $64,686.93 — including $10,000 for emotional distress and over $21,000 in punitive damages. As background, in 2002, the debtor and her then-spouse jointly filed a “no asset” Chapter 7 bankruptcy petition.

Bankruptcy 98

Bankruptcy Chapter 7 bankruptcy Credit Card Debt Garnishment 98

Roths Child Law

OCTOBER 27, 2023

Bankruptcy is a tool debtors can use to resolve their debt obligations. There are many bankruptcy options. One of the most common is Chapter 7 bankruptcy. This form of bankruptcy helps resolve large amounts of debt with very little consequences. How long must you wait?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Debtor 52

Sawin & Shea

AUGUST 2, 2022

If you have any further questions and need help filing a Chapter 13 or Chapter 7 bankruptcy, don’t hesitate to reach out—the team at Sawin & Shea, LLC can assist you. For What Reasons Would Someone Convert From Chapter 13 to Chapter 7? It is also much harder to qualify for a Chapter 7 bankruptcy.

Chapter 7 bankruptcy 105

Chapter 7 bankruptcy Chapter 13 bankruptcy Bankruptcy Creditors 105

Sawin & Shea

AUGUST 9, 2022

When a person files for bankruptcy, they are typically seeking to ease their financial situation by getting rid of their debt. With a Chapter 13 bankruptcy, the debtor agrees to a payment plan to pay off their debt, which means they don’t have to surrender their property as collateral.

Chapter 7 bankruptcy 98

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Collateral 98

Roths Child Law

JANUARY 12, 2024

Bankruptcy laws are designed not just to relieve debtors of their financial burdens, but also to allow them a chance to rebuild their financial future. Understanding how bankruptcy works can help to shed light on why the myth that this process can cost individuals everything they own is not grounded in reality.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Debtor 52

Debt Free Colorado

JANUARY 20, 2024

Chapter 7 Bankruptcy In Chapter 7 bankruptcy , eligible unsecured debts, including medical bills, may be discharged. That means the debtor is no longer legally obligated to repay these debts. Chapter 7 bankruptcy is a relatively swift process. That includes medical bills.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Unsecured Debt 52

Roths Child Law

MAY 7, 2023

Bankruptcy is a legal process that allows individuals or businesses to eliminate or reorganize their debt. The goal of bankruptcy is to provide debtors with a fresh start financially while also helping to ensure that creditors receive some repayment for their debts. This stops virtually all collection actions from creditors.

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Debtor 52

Troutman Sanders

FEBRUARY 22, 2023

In a unanimous decision, the Supreme Court held that § 523(a)(2)(A) of the Bankruptcy Code precludes a debtor from discharging a debt obtained by fraud, regardless of the debtor’s own culpability. As background, in 2005, the debtor and her then-boyfriend jointly purchased a house in San Francisco. In Bartenwerfer v.

Debtor 52

Debtor Bankruptcy Chapter 7 bankruptcy Judgment 52

Sawin & Shea

JANUARY 19, 2022

Filing your taxes and filing for bankruptcy are two things that can be confusing and challenging on their own. When you put the two together, it can cause debtors even more stress. In a Chapter 7 bankruptcy case, for example, you can only get income tax debt discharged. How to File Taxes After Bankruptcy.

Bankruptcy 119

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Debtor 119

Collections Law

SEPTEMBER 10, 2021

Filing your proof of claim Once you receive notice that your debtor has declared bankruptcy, you should review the paperwork and your status as a listed creditor. You should also have the chance to attend a meeting with the debtor to ask questions regarding the bankruptcy filing. What about preference actions?

Debtor 52

Debtor Bankruptcy Chapter 7 bankruptcy Collections 52

Sawin & Shea

MARCH 28, 2023

If you’re considering filing Chapter 7 or Chapter 13 bankruptcy, you need to be aware of the different components of the filing process, including the role of the bankruptcy trustee. What Does the Bankruptcy Trustee Investigate in Chapter 7?

Chapter 13 bankruptcy 81

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Creditors 81

Sawin & Shea

AUGUST 23, 2023

Before you decide if bankruptcy is the best option for you, it’s important to understand the two different types of bankruptcy that are available to individuals: Chapter 7 bankruptcy and Chapter 13 bankruptcy. Most Debtors, however keep everything they have.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Unsecured Debt 52

Sawin & Shea

FEBRUARY 22, 2023

And although there are benefits to obtaining this type of mortgage, debtors often have to pay increased interest and monthly payments. These increased payments can put financial pressure on debtors, leading them to fall behind on their housing payments. Adjustable rate mortgages have been on the rise in recent years.

Chapter 13 bankruptcy 72

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debtor 72

Sawin & Shea

SEPTEMBER 6, 2023

While both are good options to stop foreclosure (or postpone), in this blog we’ll focus on Chapter 13. Unlike Chapter 7 bankruptcy, Chapter 13 does not require the filer to liquidate all their assets (including their home) to pay off creditors. Chapter 13 is a different animal.

Foreclosure 52

Foreclosure Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy 52

Sawin & Shea

APRIL 5, 2023

However, many debtors have questions regarding how filing for bankruptcy impacts child support payments and debts. In this blog, we unpack what happens to child support income and obligations when a debtor files in Indiana. Can You File Bankruptcy on Child Support? Does Bankruptcy Clear Child Support?

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Credit Card Debt 52

Credit Corp

MAY 3, 2023

However, we’ve provided some basic answers below to the question, “What is the difference between Chapter 7, 11, and 13 when it comes to bankruptcy?” In This Piece Understand the Types of Bankruptcy How Do You Know Which Bankruptcy Type is Right for You? What Is Chapter 11 Bankruptcy?

Chapter 13 bankruptcy 97

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Creditors 97

Sawin & Shea

AUGUST 17, 2022

In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. In contrast, in a Chapter 7 bankruptcy , the bankruptcy trustee will often use property to help pay off creditors before the remaining debt gets discharged.

Bankruptcy 105

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Debtor 105

Sawin & Shea

MARCH 14, 2023

Indiana allows debtors to exempt assets when filing for bankruptcy up to a certain monetary amount, and that amount recently increased. In this blog, we’ll share the details regarding this exemption increase, the different exemption categories, and how these exemptions impact Chapter 7 and Chapter 13 bankruptcy.

Bankruptcy 64

Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy Debtor 64

Sawin & Shea

JUNE 7, 2023

If you have a co-signer associated with your debt or if you are a co-signer, you need to be aware of how financial liability works and what happens when the primary debtor declares bankruptcy. Fortunately, in this blog, we’ll unpack cosigner responsibilities when it comes to bankruptcy and debt. What’s a Guarantor?

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Personal loans 52

Sawin & Shea

DECEMBER 29, 2021

Debtors in Indiana can protect exempt property under both a Chapter 7 and a Chapter 13 bankruptcy. However, the property that is considered nonexempt will be handled differently depending on which chapter you file. Property in Chapter 7 Bankruptcy. Property in Chapter 13 Bankruptcy.

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Debtor 98

Sawin & Shea

JANUARY 5, 2022

Filing for bankruptcy is often a necessary yet scary and confusing process for debtors. While you may not want to file bankruptcy, it is often the best choice if you are struggling to get by. Though filing for bankruptcy is a challenging process, it will go a lot smoother if you look into hiring an attorney to help.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Creditors Bankruptcy Chapter 13 bankruptcy 52

Sawin & Shea

NOVEMBER 15, 2023

Put simply, Chapter 7 is a liquidation while Chapter 13 is about reorganization. In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets. This is what is called a “surrender” under bankruptcy law.

Unsecured Debt 52

Unsecured Debt Chapter 7 bankruptcy Collateral Bankruptcy 52

Sawin & Shea

AUGUST 2, 2023

You can file for bankruptcy in two different ways: Chapter 7 and Chapter 13. Filing for Chapter 7 bankruptcy centers on liquidating assets, while Chapter 13 bankruptcy focuses on reorganization. While it’s perfectly legal to file for bankruptcy on a ‘pro se’ (i.e.,

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Unsecured Debt 52

Foster Swift

JANUARY 17, 2021

When an individual files a Chapter 7 bankruptcy case, the debtor’s non-exempt assets become property of the estate that is used to pay creditors. Read More › Tags: Chapter 7 , Eastern District of Michigan , Estate Planning.

Chapter 7 bankruptcy 52

Chapter 7 bankruptcy Bankruptcy Debtor Creditors 52

ABI

JANUARY 13, 2022

American Bankruptcy Institute Law Review Staff. . In In re Marlena Joy Pizzo , the United States Bankruptcy Court for the District of South Carolina held that a debtor may voluntarily contribute to her retirement plan while paying creditors under a bankruptcy plan. [1] 6] The court referred to 11 U.S.C.

Debtor 40

Debtor Creditors Unsecured Creditor Chapter 7 bankruptcy 40

Sawin & Shea

JUNE 18, 2020

Many people keep control over their assets through the use of bankruptcy exemptions, which are special rules that allow people who are filing for a Chapter 7 bankruptcy to keep certain property if its value is less than the amount of the exemption. How Do I Protect My Home During Bankruptcy? This is rarely true.

Chapter 7 bankruptcy 98

Chapter 7 bankruptcy Bankruptcy Chapter 13 bankruptcy Foreclosure 98

Sawin & Shea

FEBRUARY 14, 2023

Whether you are filing for Chapter 7 or Chapter 13 , we can assist you, both with the process of filing and even after your bankruptcy has been discharged. Credit Scores: What Happens When You File for Bankruptcy? Most Chapter 7 cases are what is called a “no-asset” case and the debtors keep everything they have.

Bankruptcy 72

Bankruptcy Chapter 7 bankruptcy Chapter 13 bankruptcy Credit Bureau 72

Sawin & Shea

JULY 13, 2022

Although it is not impossible, debtors normally need to pass the Brunner test, which establishes that repaying the student loans will put them in an unreasonably difficult position. As a result, the majority of debtors who file for Chapter 7 bankruptcy do not get their college loans dismissed.

Student loans 52

Student loans Student Loans Bankruptcy Chapter 7 bankruptcy 52

Roths Child Law

OCTOBER 18, 2021

As you are likely aware, there are two types of bankruptcy that consumers can choose to file. There's Chapter 7 bankruptcy, which involves the liquidation of some of your assets. Many people are worried that they might lose everything when they file for bankruptcy. Doing so may allow you to keep it. .

Chapter 13 bankruptcy 52

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Debtor 52

Debt Free Colorado

JANUARY 10, 2022

Federal courts have exclusive jurisdiction over bankruptcy cases. As such a bankruptcy case cannot be filed in a state court. Bankruptcy laws are in place to protect not just the debtor, but also the creditors. There are several types of bankruptcy. . Advantages and Disadvantages of Bankruptcy Chapter 7.

Chapter 13 bankruptcy 59

Chapter 13 bankruptcy Chapter 7 bankruptcy Bankruptcy Creditors 59

Roths Child Law

JANUARY 13, 2022

However, you can get rid of the financial and emotional pressure of being a debtor by filing for Chapter 7 or Chapter 13 bankruptcy. Both Chapters can help you start anew and discharge your debts, but they work differently. With Chapter 13 bankruptcy, you’ll be able to repay your debts within 3 to 5 years.

Chapter 13 bankruptcy 98

Chapter 13 bankruptcy Bankruptcy Chapter 7 bankruptcy Unsecured Debt 98

Albuquerque Law

MARCH 23, 2021

It will help to look at the facts versus the myths that often surround Chapter 7 bankruptcy. Fact: Chapter 7 does mean liquidating assets. It is true that filing Chapter 7 bankruptcy does mean you may have to liquidate some of your assets. But is this truly something you should worry about?

Chapter 7 bankruptcy 56

Chapter 7 bankruptcy Bankruptcy Debtor Creditors 56

Sawin & Shea

SEPTEMBER 29, 2021

Though it can be a scary and stressful process, the benefits of filing for bankruptcy tend to outweigh the detriments. Though it can negatively impact your credit score, many debtors find that dealing with a bad credit score for a few years is better than constantly being weighed down by debt and harassed by creditors.

Credit Card Debt 52

Credit Card Debt Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy 52

Sawin & Shea

SEPTEMBER 29, 2021

Though it can be a scary and stressful process, the benefits of filing for bankruptcy tend to outweigh the detriments. Though it can negatively impact your credit score, many debtors find that dealing with a bad credit score for a few years is better than constantly being weighed down by debt and harassed by creditors.

Credit Card Debt 52

Credit Card Debt Bankruptcy Chapter 13 bankruptcy Chapter 7 bankruptcy 52