Chapter 7

  • Can the Bankruptcy Trustee Take My Tax Refund?

    Can the Bankruptcy Trustee Take My Tax Refund?

    Your income tax refund is basically an interest-free loan to the government. If you have paid more in taxes than you owe, then the government must repay you for your overpayment. Especially around this time of year, clients ask me the the same question. Can the Bankruptcy Trustee Take My Tax Refund? The short answer…


  • What is a Reaffirmation Agreement?

    What is a Reaffirmation Agreement?

    ,

    In bankruptcy, a reaffirmation agreement refers to a contract between the debtor and a secured creditor. The reaffirmation (or “reaff”) is an agreement that waives the discharge of a debt that would otherwise be discharged. They allow the debtor to keep collateral that may otherwise be subject to repossession. Reaffirmation agreements are usually filed on…


  • File a Chapter 7 Bankruptcy: A Step-by-Step Guide

    File a Chapter 7 Bankruptcy: A Step-by-Step Guide

    ,

    You may be aware that bankruptcy involves a complex set of laws and procedures specific to each individual jurisdiction. Filing for bankruptcy may seem daunting at first. If you are considering filing Chapter 7 bankruptcy in DC, Maryland or Virginia, read below for the ten steps of a successful Chapter 7 bankruptcy. The steps to…


  • Homeowners Association Fees in 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…


  • Bankruptcy Conversion from Chapter 13 to Chapter 7

    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…


  • What is the Bankruptcy Discharge?

    What is the Bankruptcy Discharge?

    What is the Bankruptcy Discharge? Usually, the whole reason to declare bankruptcy is to obtain the bankruptcy discharge. Once you have received your discharge in bankruptcy, no discharged creditor can take any enforcement action against you, ever. In other words, the discharge order forever prohibits any type of collection effort against you for a discharged…


  • A Short Glossary of Bankruptcy Terms

    A Short Glossary of Bankruptcy Terms

    Here is a short glossary of essential bankruptcy terms. Many definitions are not included. Do not attempt to manipulate concepts you do not fully understand. Call an attorney if you have a legal problem. Bankruptcy terms: A – C Adversary Proceeding: A lawsuit related to a bankruptcy case and commenced by filing a complaint with…


  • What is the Statement of Intention?

    What is the Statement of Intention?

    ,

    When a homeowner files for Chapter 7 bankruptcy protection, the very first page of the bankruptcy filing that the mortgage company turns to is the Statement of Intention. The Statement of Intention (or Statement of Intent) discloses the debtor’s intention toward secured property, like cars and homes. In the Statement of Intention, the debtor states…


  • The Top Ten Reasons For Bankruptcy

    The Top Ten Reasons For Bankruptcy

    You have your own story, but so do we all. If you’re considering bankruptcy, you may feel isolated or uniquely afflicted. But you are not alone. In fact, certain recurring circumstances lead people to file bankruptcy. Here are the top ten reasons for bankruptcy. 1. Debt The primary goal of bankruptcy is to eliminate debt. In…


  • What NOT To Do Before Filing Bankruptcy

    What NOT To Do Before Filing Bankruptcy

    Taking the wrong actions either before or during your bankruptcy can badly damage your chances of obtaining a favorable outcome. Understanding your rights and responsibilities can help assist you to minimize your risks. Consult with a bankruptcy lawyer to help you navigate the pitfalls commonly encountered by those seeking bankruptcy protection. Here is a DON’T…


Chapter 7