Category Archives: Chapter 7 Bankruptcy
How Will Bankruptcy Affect My Credit Report?
A common question many people have about the bankruptcy process is the effect it will have on their credit report. The Bankruptcy Court itself has nothing to do with credit reports, which are maintained by private agencies. But federal law still governs how long these agencies can maintain a public record of your bankruptcy,… Read More »
Are Tax Debts Dischargeable in a Chapter 7 Bankruptcy?
While a Chapter 7 bankruptcy is designed to give a debtor a “fresh start,” that does not necessarily mean that you can eliminate all of your outstanding debts. Congress exempts a number of categories of debt from discharge through bankruptcy. Not surprisingly, one such exemption covers tax debts owed to the government itself. According… Read More »
Do I Need to Disclose Pending Lawsuits on My Bankruptcy Petition?
In a Chapter 7 bankruptcy case, it is critical to disclose all of your assets to the court. This includes any potential legal claims you may have against other parties. For example, if you were in a car accident and sued the other driver for negligence prior to your bankruptcy filing, your personal injury… Read More »
When Are Credit Card Debts Unenforceable in a Chapter 13 Bankruptcy?
Many Florida residents file for Chapter 7 or Chapter 13 bankruptcy due to mounting credit card debt. But before you seek bankruptcy protection, you should know that depending on how old your credit card debt is, the lender may have no legal recourse against you. This is because credit card debt is subject to… Read More »
How Can I Discharge Student Loan Debt in Chapter 7 Bankruptcy?
Student loan debt is notoriously difficult to discharge in Chapter 7 bankruptcy. Unlike other kinds of unsecured loans, federal law grants special protections for most student loans. This means that even if you successfully complete the Chapter 7 process and receive a discharge from the bankruptcy court, your student loan obligations remain. Can a… Read More »
Can I Get in Trouble If I Lie to My Creditors?
A Chapter 7 bankruptcy is designed to give a debtor a fresh start by discharging any outstanding debts, such as civil judgments obtained by creditors. But there are limits to what a bankruptcy court can and will discharge. For instance, federal law prohibits a debtor from discharging a debt obtained through “false pretenses, a… Read More »
What Happens If I Convert a Chapter 13 Bankruptcy to Chapter 7?
In a Chapter 13 bankruptcy, a debtor submits a payment plan to the court. This plan ensures the debtor’s disposable income is used to pay back his or creditors as much as possible. But what if circumstances change and the debtor no longer has sufficient income to fulfill the payment plan? In such cases… Read More »
Does Chapter 7 Bankruptcy Stop the Bank From Taking My House?
Many Florida homeowners are faced with an “underwater” mortgage—that is, the value of their property is less than what they owe to their lender. If you have an underwater mortgage and file for Chapter 7 bankruptcy protection, an underwater mortgage can protect your house from being sold as part of a liquidation proceeding. But… Read More »
Can Bankruptcy Eliminate My Tax Debt?
Bankruptcy allows debtors to reorganize or discharge most of their debts. For many unsecured debts, like credit card bills, a Chapter 7 bankruptcy can wipe out the debt entirely. But not all debts are treated the same under the Bankruptcy Code. For example, while you may be able to discharge some tax debt through… Read More »
When Should I Consider Filing for Bankruptcy?
Credit card debt is a fact of life for many of us. And if you are behind on your bills and have started receiving letters from debt collectors demanding immediate payment, you might wonder if filing for Chapter 7 or Chapter 13 bankruptcy is the right move. While bankruptcy does afford many debtors a… Read More »