Recent News
One way to violate the stay !
Stay Violation – A creditor who posts a sign in the debtor’s community which reads, “[Name of debtor] OWES ME $[dollar amount] WILL YOU PLEASE COME AND PAY ME!” is required to pay the debtor actual and punitive damages for violation of the debtor’s automatic stay. In...
What if I have co-signers on some of my debts and I am filing Chapter 13 bankruptcy?
You are required to list that debt and list the co-debtors or co-signers. You can either continue to pay that debt as you are now or put that debt "inside the plan". If you have co-debtors or co-signers on any of your loans, and that loan is paid inside your plan,...
Borrowing money while in a Chapter 13 Bankruptcy
Persons who are debtors in a Chapter 13 often need to borrow money from a bank, finance company or other party, while they are still in their Chapter 13. For example, your car may have broken down and you may need to borrow money to purchase another. In addition, many...
Credit Counseling versus Chapter 13
If you have decided to utilize the services of a consumer credit counseling service, keep in mind that you may be much better off consolidating your debt under Chapter 13 of the United States Bankruptcy Code. You set the plan approved by the Court and make payments...
Do all creditors have to be listed on bankruptcy schedules in Chapter 7?
Yes. All of the debts have to be scheduled, with the name and address of the creditors. This is so that they can recieve notice of the bankruptcy, and get thier fair share of any money that is paid to creditors. Sometimes debtors think that they want to continue to...
What should a debtor do if a creditor does demand payment of a debt that is listed in the bankruptcy schedules?
If a creditor who is listed in the debtor's schedules attempts in any way to collect a scheduled debt, the debtor should inform the creditor that a bankruptcy case has been filed and request that the creditor stop the collection efforts. If the debtor is represented...
