There will be questions about that on the Statement of Financial Affairs, and more indirectly, on the Schedules.

It's bold to attempt to do a bankruptcy without counsel, whatever your reason. We recommend that you inquire at your County Bar Association, or the office of the US... View More

A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can... View More

Without first checking myself, my best guess is probably not, but to be sure, go online to the website of the federal district where you're located, and it should list "Forms". Under that heading, go to "local forms", and check out what's shown there.... View More

There is an express provision of the Bankruptcy Code that requires a bankrupt to get prior judicial approval for any extension of credit, e.g., to borrow money.

In addition, money loaned within ninety days of the filing of a bankruptcy is excepted from any bankruptcy discharge.

To... View More

When you have completed the bankruptcy process in your case, an Order of General Discharge (discharging you of all "dischargeable debts", etc.) is entered by the Court, not a "letter".

Your bankruptcy case, and most of the documents, including your Discharge Order, are... View More

The Bankruptcy Code enables a bankrupt debtor to discharge certain kinds of income tax debt, specifically, those for which an accurate return has been filed more than two years and four months prior to the bankruptcy filing. The IRS official position on this issue is set forth here.... View More

The Bankruptcy Code provides an automatic stay against proceeding against the debtor/bankrupt and his property (very broadly defined by section 541 of the Code). And Chapter 13 provides a "codebtor stay", which would protect a non-filing spouse.

I'm in PA, and my practice... View More

As a debtor, you are the one who claims your exempt property; if anyone, including a bankruptcy trustee, objects, a written Objection must be filed, and you, as debtor, have the opportunity to respond, and thereafter, the Bankruptcy Judge will conduct a hearing on the Objecttion.

There is... View More

When a debt obligation like a credit card is "joint", e.g., where the non-bankrupt "joiner" has signed an issuer document to be liable for the debt balance, yes, that obligation will continue to be reported to the credit bureaus for both of the joint obligors.

If the debt collection agency was a corporation (or llc, etc.), it is not eligible for a bankruptcy discharge, although it can file for bankruptcy relief.

A Chapter 7 bankruptcy case is usually short-lived, a "liquidation case". Normally, the Ch. 7 bankruptcy trustee will assess... View More

You seem to describe an argument simply between two persons, a debtor and a creditor.

There are ample cases on the books that say that such a case serves no bankruptcy purposes and should be dismissed. The US Trustee likewise appears to dislike such cases, and often files a Motion to... View More

When most businesses (a hospital is very much a business) file for bankruptcy protection, it is done under Chapter 11 of the bankruptcy code, with the intent to "reorganize" financially.

In that scenario, collections, even small-scale, of amounts which may be owed to the... View More

That you've "confirmed as true" that you're in the process of being true means to me that there is a pending, actual Complaint pending in a Utah court of record against you.

While it is usually viable to deal directly with the holder of a defaulted account, or its... View More

Of course, you can ask for anything, but in my experience, creditors are quite leery of recent bankrupt debtors.

All creditors, in my experience, will insist upon a Discharge first, and many will want to see the final Decree and close of your bankrupcty case before considering your... View More

Tersely, my KY colleague is correct. However-

you can always stop a bankruptcy from being filed by contacting your lawyer or petition preparer. I recommend that you put that in writing and be prepared to prove that your written message got delivered.

If the case has in fact been... View More

I'm most familiar with bankruptcy as applied in PA, but my experience in various states, including OK, TX and GA, as well as DE and NJ, is that Ch. 13 trustees differ by region, and even among themselves, as do Judges.

Based on that experience, with both Trustees and the Courts keeping... View More

The answer depends upon the viability, and provability, of your claim.

An insurance company, the business of which is money, always has the option of paying in the full amount of its policy and going home. Or, if it believes that it's more promising to defend against your claim, it... View More

Who is on the deed to the residence? Look at the most recent deed of record, the chain of title. Life estates? You can have a title search done for both ownership and all liens, and you should do that, as the personal rep of the Estate. If the Estate has a lawyer, that probate lawyer will know... View More

Without question, honesty is the best policy in any Court, and the Bankruptcy Court in particular.

The benefit, if any, to an omitted (from the Debtor's filings) creditor is that its debt/claim is not going to be discharged, UNLESS that creditor knew or should have known of the... View More

I mostly agree with my California colleague, except that in PA, we can choose either that PA exemptions, or the Federal exemptions, but NOT both, or a mix of both, and the "wildcard" exemption is a Federal benefit.

In short, it's available to those who do not use it entirely... View More