In bankruptcy cases the trustee’s job is to make sure the debtor is following the rules as stated in the Bankruptcy Code, Federal Rules of Bankruptcy Procedure, and the local rules of court. The trustee is also responsible for maximizing the money available to the unsecured creditors listed in the schedules. Trustees are given several […]
How the death of a debtor affects a bankruptcy case is described in Rule 1016 of the Federal Rules of Bankruptcy Procedure. The result is different depending on whether the case was filed under Chapter 13 or Chapter 7 of the Bankruptcy Code. In a Chapter 7 case, the bankruptcy continues. The estate is administered […]
One of the first things new bankruptcy attorneys learn is that some debts cannot be discharged. These debts are student loans, child support, and incomes taxes. However, eventually we discover that there are exceptions to the rules regarding nondischargeability. One exception is that income tax liability can be discharged under very specific circumstances. First, income […]
One of the main reasons to file bankruptcy is to discharge debt. When a debt is discharged it cannot be collected by a creditor. The debtor is no longer liable for the debt. However, not all debts can be discharged in bankruptcy. The three most common nondischargeable debts are domestic support obligations, student loans, and […]
In most bankruptcy cases the goal is for the debtor to eventually receive a discharge. The discharge protects debtors from collection of most of the debts listed in the bankruptcy case permanently. But sometimes cases get dismissed before the debtor receives a discharge. The most common reasons bankruptcy cases are dismissed are failure to make […]