When you file for bankruptcy you need to evaluate your situation carefully, weigh the alternatives, and determine with the help of a lawyer the Chapter that best suits your case.

You must include all debts to any debtors. Any debts that are dischargeable will most likely be discharged if your bankruptcy is successful.

Getting your student loans discharged is more difficult than a straight bankruptcy, so only someone who’s really familiar with it can offer counsel and represent you in court. You can find reputable attorneys by asking for a referral from someone you trust. Or, you can look at online reviews of... View More

Your Bankruptcy Chapter 7 discharge wipes out the obligation to pay back the loan; however, it doesn’t eliminate the mortgage lien. The tax laws are far too complicated for borrowers to understand and it's essential to get expert tax advice to sort through the confusing complications.

Yes, that is the crime of forgery.

According to Colorado state law, as part of a protection order due to domestic violence, stalking, sexual assault, physical harm/threats or abuse of the elderly, the judge can order that the abuser not have or buy any firearms or ammunition for the... View More

Child support payments usually cannot be discharged in bankruptcy. This means that if you owe child support, you cannot escape this duty by filing for bankruptcy.

If your income is less than the median income for a household of your size in your state, you can file for Chapter 7.

If not, things get complicated. You can try filling out the means test forms that are available online on the U.S. Bankruptcy Court’s website -... View More

You can protest a wage garnishment by filing papers with the court to get a hearing date where you can present evidence that you need more of your paycheck to pay your expenses or that you qualify for an exemption. The judge can terminate the garnishment or leave it in place.

The bankruptcy will most likely help you keep your car, but how you keep it may depend on which chapter you file. If you file Chapter 13 bankruptcy, you can pay off defaulted payments on the loan within 3 to 5 years. If you file Chapter 7 bankruptcy, you will need to negotiate payment arrangements... View More

You can catch up on your missed mortgage payments by filing for Chapter 13 bankruptcy. If you file for Chapter 13 bankruptcy, your lender can no longer proceed with the foreclosure, and you can cure your default.

Filing for bankruptcy when you’re behind on the mortgage creates some risk better not left to the discretion of the lender. Your lender may either demand that you get caught up right away or ask the court for permission to start the foreclosure process.

It's wise to talk to an... View More

A good attorney will give his or her preliminary assessment of the case, go over fee arrangements, and discuss with the client whether the case makes sense for the attorney-client team.

You want a lawyer you feel comfortable with. Someone who responds to you with intelligence and... View More

You must inform your attorney before you list or advertise your property and discuss what you want to do. Selling your property sometimes requires a court order that may take about thirty days to obtain. If the home’s sale can pay off your repayment plan, then you can expect a discharge of your... View More

If you purchased your ticket before you filed for bankruptcy, technically you should have listed the ticket in your bankruptcy schedules and must turn your winnings over to the trustee, unless you can claim the winnings as exempt. The winnings are proceeds from the ticket that became part of your... View More

The trustee or creditor must file a written objection with the court. You can settle the adversary proceeding before trial. If you go to trial and the judge approves the party's objection, then you will be required to repay the debt. If the judge rules against the objection, then your debt... View More

You may keep certain secured debts such as your car by reaffirming those debts. Reaffirmation agreements can be set aside during the earlier of 60 days after the agreement is filed with the Court or upon the Court’s issuance of an Order of Discharge.

Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.

If you want the title to the car, you can try to work out a deal with the lender. You may get it for less than you owe.

Although you don’t have to pay off secured debts before the trustee distributes part of your plan payments to other creditors, you must pay them off before you receive your discharge.

Involuntary bankruptcy is a legal filing by creditors, petitioning that the debtor is thrown into bankruptcy against his or her will. There are three basic requirements for involuntary bankruptcy. If the debtor has more than 12 creditors, it takes three creditors to file. First, the debtor must be... View More