Tag Archives: Frequently Asked Questions

How Will My Bankruptcy Effect My Mom? Or, How Not To Get Your Chapter 13 Bankruptcy Plan Confirmed.

I recently stumbled across a South Carolina case, as described by a fellow blogger. In short, the chapter 13 bankruptcy plan was rejected by the trustee, because it included two pretty good sized mortgage payments as required expenses. The problem? One was a primary mortgage on a second seperate home, in which a family member [...]

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Can I Get Rid Of My Mortgage And Keep My House? Can I Keep My Car And Get Rid Of My Car Loans?

I have noticed there is a good amount of confusion when it comes to secured debts. It is understandable, really. Every time you enter into a financial agreement – buying a home, securing a car loan, applying for credit cards – there are pages and pages of information spelling out the terms of the agreement. [...]

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What Is A Bankruptcy Automatic Stay? How Do I Get One? Do I Want An Automatic Stay?

What Is A Bankruptcy Automatic Stay? How Do I Get One? Do I Want An Automatic Stay? If you are considering filing for consumer bankruptcy protection – you have probably discovered the little language that we bankruptcy attorneys like to throw around. Let’s call it banklish, or perhaps boringlish is more fitting. Regardless, it can [...]

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How Will The Trustee Know If I Don’t Disclose My Valuable “_________” (insert watch, car, stock, business interest)

Let me just tell you, it is a bad idea to try and play games with your bankruptcy case. I don’t know if we should blame it out the movies, but for some reason many potential debtors come into my office with the intention of withholding information from their bankruptcy trustee. What’s worse is that [...]

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How to Complete a Means Test? Do I Qualify for Chapter 7 Bankruptcy?

Are you wondering if you qualify for chapter 7 bankruptcy? Do you want to know how to find out? Go meet with an experienced bankruptcy lawyer. No, seriously. That is the best advice I can give you. Qualifying for chapter bankruptcy is so much more than simply the elusive “Means Test” that everyone (okay, maybe not [...]

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I Have Equity in My House – Can I Still File for Bankruptcy?

Hands down the most common questions I receive from potential bankruptcy clients is regarding their family home. When you think about it, this should come as no surprise as this is often the family’s largest personal asset. In addition, there is often a tremendous emotional attachment to one’s home. Somewhere between the years of saving [...]

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Reaffirmation Agreements – Part II

Well folks, I hope that you have had a chance to watch Judge Hollowell’s introduction to Reaffirmation Agreements. If not, here is my spiel on them. One of the benefits that debtors obtain from filing bankruptcy is the removal of personal liability from most debts. This means a creditor is no longer able to pursue [...]

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What Is A Reaffirmation Agreement?

The question of reaffirmation agreements and whether you should reaffirm a secured debt is a tough one. Fortunately, for all you out there that need a little bit of clarification, the U.S. Bankruptcy Court for the District of Arizona has put out an informational video on this very subject. In this video, the Honorable Eileen [...]

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Should I Hire A Bankruptcy Attorney To Prepare And File My Petition? What About A Legal Document Preparer? Can I File My Own Bankruptcy Petition?

This is an interesting question, which comes up fairly often. And for good reason – the attorney’s fees associated with filing for chapter 7 or chapter 13 consumer bankruptcy are pretty substantial. And for those individuals already drowning in debt, it can seem nearly impossible to come up with the couple grand it will likely [...]

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What Happens To My Engagement/Wedding Ring In Arizona Chapter 7 Bankruptcy?

So, what is your most valuable asset – your house maybe? Then what? Often times the car is next in line. But, if you are married, wedding/engagement rings are pretty high on this list. Thus, it is not surprising that wedding/engagement rings are a subject of apprehension when filing for Arizona chapter 7 bankruptcy protection. The [...]

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