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Do all creditors have to be listed on bankruptcy schedules?
Yes. All of the debts have to be scheduled, or listed, with the name and address of the creditors. This is so that they can receive notice of the bankruptcy, and get their fair share of any money that is paid to creditors. Sometimes debtors think that they should omit...
How to Hire a Bankruptcy Lawyer
It's not always the most expensive bankruptcy lawyers that are the best or the cheapest that are the worst. In most areas, the prices for filing bankruptcy are determined by the market. The filing fees and credit counseling fees are set fees. The attorney fee, in most...
What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?
The discharge in a Chapter 7 case only covers the debts that were incurred before the case was filed. The bills that a debtor incurs after the case is filed are not discharged. The hope is that, after their old debts are canceled by the discharge, debtors will be able...
What property do debtors have to give up in Chapter 7? What about tax refunds and lawsuits?
Debtors in Chapter 7 are required to give up "nonexempt" property that they own at the time of the filing; they are allowed to keep both "exempt" property that they own at the time of filing and any property that they receive a right to own after the bankruptcy...
What should debtors do if they forgot to list a creditor in their bankruptcy schedules?
As soon as a debtor realizes that a creditor has been omitted, the debtor should notify his or her attorney with all of the information necessary to complete the schedule (the amount of the debt, the type and value of any collateral, and the name and address of the...
Does a bankruptcy case automatically remove liens—such as mortgages –against a debtor’s property?
No. Liens can be placed on a debtor’s property in many different ways. Some are by agreements, like mortgages and auto liens. Others are by operation of the law, like property tax liens on a debtor’s home. And some liens are to enforce judgments that have been entered...