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What can debtors do to re-establish their credit after filing bankruptcy?
A mandatory debtor education program is required in connection with Chapter 7 and Chapter 13 cases that can help debtors understand how to re-establish and maintain good credit. Also, after discharge in Chapter 7 or 13, debtors may be able to obtain a "secured" credit...
How do I know when my bankruptcy case is completed, and I am no longer in bankruptcy?
At the conclusion of an individual’s bankruptcy case, the court enters an order closing the case, and a copy of this order is sent to the debtor. Unless the trustee has assets to distribute to creditors, case closing takes place fairly quickly in Chapter 7 cases. In...
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...
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...
Do all creditors have to be listed on bankruptcy schedules?
Yes. All of the debts have to be scheduled, 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 a creditor...
What can be done if a debtor falls behind in payments after filing a Chapter 13 case?
Debtors who have unexpected financial problems in a Chapter 13 case should immediately consult with their attorneys. It is often possible to deal with changed circumstances by amending the Chapter 13 plan. Also, it is sometimes possible to add to the plan debts that...