When a debtor files bankruptcy they must notify certain parties. These parties are the same in every Chapter 7 and Chapter 13 cases. All creditors receive notice of the bankruptcy filing. This includes secured lenders like mortgage lenders, auto loan creditors, and property taxing authorities. Unsecured creditors also receive notice of the bankruptcy filing. Unsecured […]
The ultimate goal of most bankruptcy cases is to receive a discharge. A discharge is the result of an order signed by a bankruptcy judge which shields the debtor from future attempts to collect debt. The bankruptcy judge signs this order at the very end of the bankruptcy case. In Chapter 7 cases the order […]
Even the sick and mentally impaired must filed bankruptcy sometimes. Being without legal capacity does not prevent a debtor from obtaining bankruptcy relief, but it does create challenges not present in cases where the debtor isn’t impaired. According to The Bankruptcy Code, “incapacity” means a debtor is “impaired by reason of mental illness or mental […]
Bankruptcy filers are required to list all of their debts in their schedules. In addition to the creditors they must also disclose who else is liable for the debt. A person who shares responsibility for a debt with a debtor in a bankruptcy case is called a co-debtor. Co-debtors receive some protections under Chapter 13 […]
When you represent yourself in a legal matter you are said to be pro se. This term applies to bankruptcy cases as well. When a debtor files their own bankruptcy case they are said to be a pro se debtor. To adequately represent a client in a bankruptcy case, an attorney must have knowledge of […]