PERSONAL INJURY CLAIMS IN BANKRUPTCY
What if you’re thinking about filing bankruptcy but you have a personal injury claim pending? Whether the personal injury claim is in court, delayed by insurance settlement holdups or even if you haven’t decided to pursue the claim but the statute of limitations hasn’t run, this is an asset. It […]
What is a Bankruptcy Discharge Violation?
When a bankruptcy petition is filed, an automatic stay goes into effect immediately, ordering a stop to all collection activity with the force of a federal injunction. Later, when the bankruptcy court issues a discharge, the legal obligation to pay the debts terminates. Bankruptcy stops collection activity. But what if […]
150 Legal Blog Posts: Injury Law, Bankruptcy, Drones & More
The Law Offices of Andrew D. Myers announce that we have now posted 150 blog articles. This milepost indicates the sharing of legal basics, the highlighting of legal trends and analysis of breaking new case law. Many of our legal blog posts focus on our two primary practice areas, personal injury and bankruptcy. But […]
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 […]
Statement of Financial Affairs – Bankruptcy
The Statement of Financial Affairs is one of many documents required in chapter 7 and chapter 13 bankruptcies. This document covers details from income to any business in which the filer has had an interest in the last six years. Gross income is listed for the present year to date […]
Court Papers – Always Answer Complaints and Other Legal Documents
Court papers, sometimes served by a sheriff or process server, other times arriving by mail, should never be ignored. Failing to respond will result in a default judgment. Always answer a summons within the time limit. When you are served with a law suit, the papers will tell you the […]
Parking Tickets and Bankruptcy – Discharged?
Parking tickets – one of the nightmares of having a car in the city. People filing chapter 7 bankruptcies find tickets can be like a bad movie, they just won’t go away. Here’s the problem: The U.S. Congress enacted the bankruptcy code, so we can’t be surprised that the law […]
Suggestion of Bankruptcy
A Suggestion of Bankruptcy is a document filed in court giving notice that one of the parties in a pending case has filed bankruptcy. If the party is a defendant the filing stops the case by virtue of the automatic stay of bankruptcy. However the document can also be filed […]
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 […]