How Often Can I File Bankruptcy?
If you have filed a previous bankruptcy and you received a discharge, you may wonder: “How Often Can I File Bankruptcy?” The Bankruptcy Code specifies certain time limits as to when you can file bankruptcy again and obtain a discharge. If your case was closed or dismissed, however, and you did not obtain a discharge […]
Should I Stop Paying My Bills?
I often get asked the question, “If I am filing Chapter 7 bankruptcy, should I stop paying my bills?” The answer is Yes and No. Continue to Pay the Bills You Will Still Have After Bankruptcy First the No. You must continue to pay certain bills. These include your rent or mortgage, auto loans for any […]
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?
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
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
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
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? 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
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 […]