Category archive for ‘Automatic Stay Protection’ 
Bankruptcy and Co-signers
by Richard Stokan on 2/03/10 | 0 Comment(s)
Before filing for consumer bankruptcy protection a debtor should consider the type of debt that will be affected. If any debt is secured by a co-signer, filing for bankruptcy could place the co-signer in the position of being compelled to cover the debt.
Regardless of whether a debtor is seeking a Chapter 7 discharge or Chapter Read more>>
Use Federal Law To Stop Creditor Harassment In Its Tracks
by Moderator on 12/22/09 | 1 Comment(s)
As a bankruptcy attorney, I routinely meet with clients concerned about creditor harrasment. They’re getting called at work, they’re getting called at home, their relatives are even getting phone calls. Needless to say, by the time they get to my office, they’re fed up. As we discuss potential solutions, two important topics invariably arise: (1) Read more>>
Is my lender more likely to modify my mortgage if I file for chapter 13 bankruptcy?
by Moderator on 11/16/09 | 1 Comment(s)
Consumers are often surprised to learn that they can modify some secured debts, such as car loans in a chapter 13 bankruptcy. Unfortunately, legislation that would have allowed for debtors to modify first mortgages on their primary residences died this year in Congress leaving homeowners searching for answers. Even lenders that have received bailout funds are still Read more>>
How Can Bankruptcy Help Me Keep My Home, Stop Foreclosure and Modify my Mortgage?
by Lori Patton on 9/16/09 | 1 Comment(s)
So many homes in Florida are now worth less than their mortgages. Most folks that come to see me have a first and a second mortgage, or a mortgage and a Home Equity Line of Credit (HELOC) that together exceed the value of their home, preventing them from refinancing and choking their household budget. They Read more>>
Legal Actions After Bankruptcy
by Richard O'Connor on 8/17/09 | 0 Comment(s)
Upon filing a Bankruptcy Petition, a stay of proceedings is entered by the Bankruptcy Court protecting property of the Estate from creditors. Pursuant to 11 USC 362(c)(1), that stay remains in effect until the property is no longer property of the estate. Property is longer part of an estate when Read more>>
Child Support is Not Dischargeable in Bankruptcy
by Jeff Herrick on 8/12/09 | 1 Comment(s)
Chapter 7 bankruptcy can get rid of credit card debt, old medical bills, even certain back taxes. Child support is another matter entirely. The Bankruptcy Code excludes certain debts from discharge as a matter of public policy. For example, debts incurred while driving drunk are not eligible for discharge. Similarly, an individual that is responsible Read more>>
Bankruptcy Filing Can Stop Wage Garnishment
by Richard O'Connor on 7/06/09 | 0 Comment(s)
It is not unusual for individuals in financial trouble to find themselves on the wrong side of a court judgment obtained by creditors seeking to recover a debt. Often collection agencies will threaten seizure of your assets through garnishment or repossession. Once a court order has been entered, the creditor can attempt to recovery the Read more>>
Motions For Relief From Stay Come Under Fire
by John O'Connor on 6/06/09 | 0 Comment(s)
The ever so common motion for relief from stay is an everyday occurrence in the bankruptcy world. Creditors looking to bypass the expansive protections of the automatic stay file motions so that they may attempt to take back their precious collateral. Any party making a motion for relief from the automatic stay must have standing Read more>>
What If My Spouse Has Co-signed or Guaranteed My Debt?
by John O'Connor on 5/09/09 | 0 Comment(s)
This post is the second in a four part series dedicated to discussing the issues that commonly arise when married couples are considering bankruptcy. In the first part of this series, we set out one of the basic rules of marriage and bankruptcy: as long as debts are held seperately, one spouse’s decision to file Read more>>
Will My Student Loans Be Discharged in Bankruptcy?
by Jeff Herrick on 5/06/09 | 0 Comment(s)
Student loans are generally not dischargeable in Bankruptcy, both Chapter 7 and Chapter 13, unless you can show that the loan repayment imposes an “undue hardship” on you, your family, and your dependents. Previously, if you had a loan from a private-sector lender that was not guaranteed, it could be Read more>>
