Top 10 Myths About Bankruptcy
If you are considering filing bankruptcy, consult with an attorney to help you understand your options. You should not take lightly the choice to file bankruptcy. But you should also not dread bankruptcy for the wrong reasons. Don’t fall prey to fake news. It’s time to dispel a few myths about bankruptcy. Myth 1: You will […]
Emergency Bankruptcy
A person may need to file an emergency bankruptcy to prevent some particular action by a creditor, like garnishment, repossession, or a foreclosure auction. In such cases, the bankruptcy court allows a bankruptcy case to commence with the filing only of the six-page voluntary petition, without the required accompanying forms and schedules. An emergency bankruptcy […]
Homeowners Association Fees in Bankruptcy
Even if you file bankruptcy and surrender your home, in some cases, your homeowners association can still pursue you for unpaid dues. In Washington, D.C., Maryland and Virginia, homeowners associations have a “superpriority” for unpaid dues. Up until title to the home is actually transferred, you will still owe HOA or condo fees. So what […]
Be Prepared When the Collection Agent Calls
When the collection agent calls, be prepared. Thanks to the Fair Debt Collection Practices Act, you don’t have to take abuse just because you owe a debt. The Fair Debt Collection Practices Act (FDCPA) strictly prohibits debt collectors from using abusive, unfair, or deceptive practices. The FDCPA defines a debt collector as someone who regularly collects […]
$1.1M to Settle an $8K Credit Card Debt?
With the Credit CARD Act of 2009, Congress enacted the most sweeping changes in credit card laws in decades. The majority of consumer protections kicked in on February 22, 2010. Now credit card companies are required to divulge how many months it will take to pay off a balance if only minimum payments are made. […]
What is a Proof of Claim in Bankruptcy?
In bankruptcy, a Proof of Claim is a creditor’s written statement detailing the creditor’s claim against the debtor. A Proof of Claim is usually filed in Chapter 13 cases. But Proofs of Claim are sometimes filed in Chapter 11 and Chapter 7 cases, as well. Why file a Proof of Claim? A creditor may be […]
Bankruptcy Conversion from Chapter 13 to Chapter 7
If you qualify for Chapter 7 bankruptcy, then you are legally entitled to a bankruptcy discharge of all eligible debts. On the other hand, in Chapter 13 bankruptcy, you propose to repay some pre-arranged portion of your debt. Under certain circumstances, conversion from Chapter 13 to Chapter 7 is appropriate. Conversion from Chapter 13 to […]