Tag: bankruptcy lawyer
Homestead Protection in the Law
Think of “homestead” and you might envision a scenic home representing a historical residence or grand family estate. In the legal world, homestead law protects equity in a home from being taken by creditors. Such protections exist in state law. Nearly every U.S. state has its own homestead statute, designed to […]
Collections Supposed to Stop After Bankruptcy: Computer Did It Defense
Collections are supposed to stop after you file bankruptcy. Bankruptcy law imposes an automatic stay, effectively a federal court injunction ordering credit card companies, bill collectors, collection attorneys, banks and others to stop all collection activity. Even collection law suits filed to collect debts must stop under the automatic stay […]
Trusts and Bankruptcy: Does A Trust Protect Property in Bankruptcy?
Sometimes people put money in a trust, thinking it’s like a lockbox. Out of reach of liabilities including creditors in a bankruptcy filing. Is that true? Trust as a Lockbox? The ‘lockbox’ idea is somewhat common. But there are many different types of trusts. The individual terms of each define […]
Can I Ever Get Credit After Bankruptcy?
New loans and credit cards may present less of a challenge than you’d think after bankruptcy. But there’s a lot to think about before bankruptcy filers drag themselves down with new loans. Bankruptcy, in the right circumstances, cleans the slate for a new financial life. The U.S. Supreme Court explained it in […]
Bankruptcy Exemptions: Why You Need Them
Like an iron gate protecting an entrance, bankruptcy exemptions protect a debtor’s property against loss in bankruptcy. Theory of Bankruptcy Exemptions In the old days when a person filed bankruptcy, the story goes, their property was taken and sold or ‘liquidated’, the proceeds then divided among creditors. Any remaining debt was then […]
The point of filing a bankruptcy, most often, is to discharge debt. What debts are discharged and what debts are not? A bankruptcy discharge means that the legal obligation to pay a debt is wiped away. For all intents and purposes, the debt is gone. This applies in a Chapter […]