The Bankruptcy Discharge

The discharge order is the ultimate goal in bankruptcy for most debtors. The discharge order permanently prevents collection of debts by creditors of dischargeable debts listed in the bankruptcy case. Most types of debts can be discharged. However, there are a few notable exceptions, which include student loans, criminal fines, child support, and income taxes.… Read More »

About the Automatic Stay

When a bankruptcy petition is filed, an injunction goes into place. This injunction is called the automatic stay. The automatic stay prevents creditors from collecting debts that were incurred before the bankrutpcy case was filed. It goes into effect the minute the case is filed. In fact, the notice of bankruptcy filing provided to every… Read More »

Can I Be Sued After My Bankruptcy Case is Over?

As a bankruptcy attorney I spend a lot of time explaining how my clients’ lives will change after they file bankruptcy.  But what happens once a bankruptcy case is completed?  It depends on whether the case was dismissed early or was successfully completed.  Successfully completing a bankruptcy case usually means that the debtor has received a discharge order.… Read More »

Presumption of Abuse

Not everyone is eligible for a discharge under Chapter 7 bankruptcy. These types of cases are reserved to people that cannot afford to repay some or all of their debt. Trustees use a means test to calculate a debtor’s disposable income. If they have too much disposable income then they may not be eligible for… Read More »

Filing Bankruptcy Separately or Jointly

Married couples can file bankruptcy jointly, but it is not a requirement. If a married person wants to file bankruptcy but their spouse does not want to file, then they can file the bankruptcy case in their own name only. There may be very good reasons for choosing to file separately. Perhaps only one spouse… Read More »