Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It...Read More
When does someone need a lawyer for a bankruptcy case? Individuals have a right to represent themselves in court, but bankruptcy is a complex area that involves many considerations including whether to file, what chapter to file under, and what exemptions to claim. It is important to understand all of the protections of the bankruptcy...Read More
Debtors are usually able to discharge most or all of their debts. Once a debt is discharged, a creditor may not attempt to collect it from the debtor. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:03 The following program was produced by the United States Courts. 0:08 0:12 Debtors are usually able to discharge most or all...Read More
In some cases, a debtor may be required to appear at hearings before a bankruptcy judge. SOURCE: Federal Judiciary Channel (YouTube) 0:01 The following program was produced by the United States Courts. 0:12 Depending on the chapter of your bankruptcy case and it’s complexity, you may also 0:16 be required to appear at hearings before the...Read More
A debtor must be honest and accurate in dealing with the court or face serious consequences, including being charged with a bankruptcy crime. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The following program was 0:03 produced by the United States Courts. 0:10 0:11 A debtor must be very accurate in his or her dealings with the...Read More
Every debtor is required to appear at a creditors’ meeting conducted by a trustee who asks the debtor questions about the debtor’s financial condition and gives creditors the opportunity to do the same. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The following program was produced by 0:03 the United States Courts. 0:12 As a debtor,...Read More
How does someone file a bankruptcy case? In order to file for bankruptcy, an individual must take a credit counseling course to learn about alternatives to bankruptcy as well as accurately complete and file a number of documents. SOURCE: Federal Judiciary Channel 0:01 The following program was produced by 0:03 the United States Courts. 0:09...Read More
Certain types of debt, such as child support, alimony, and most student loans, cannot be discharged in bankruptcy. Wrongful conduct may make some debts non-dischargeable. Examples of such conduct are incurring credit card charges without the intent or ability to repay, or obtaining loans using false financial information. SOURCE: Federal Judiciary Channel (YouTube) TRANSCRIPT: 0:01 The...Read More
A brief review of the three main types of bankruptcy cases for individuals chapters 7, 11, and 13. The most common types of bankruptcy are chapter 7, which are liquidating bankruptcy, and chapter 13 cases, often used by individuals who want to catch up on past due mortgage or car loan payments and keep their...Read More
What is bankruptcy? What happens in a bankruptcy case? Bankruptcy is a legal process that provides relief for individuals who can no longer pay all of their debts. If you are considering bankruptcy, this video will give you basic information about the process, the relief it offers, and how to find the legal help you...Read More
