An adversary proceeding is separate from the bankruptcy case that is taking place and it is important to understand this distinction. Put simply, an adversary proceeding is a separate lawsuit that arises during the bankruptcy case when a complaint is filed. An adversary proceeding is heard in front of a judge and is thus a judicial mechanism […]
You’re at the end of your wits. The call or texts come in non-stop. When you get home from work, there are messages on your answering machine. When you’re cooking dinner, the phone rings. When you’re eating dinner, the phone rings. When you’re watching Game of Thrones, the phone rings. When you’re trying to sleep, […]
If you’re an individual and feel that there is no way out of your debt troubles — filing bankruptcy may be your best option. Individuals file personal bankruptcy because they need financial relief and seek a second start: A Chapter 7 bankruptcy or a Chapter 13 Bankruptcy can help you overcome problems if: • You […]
What is Bankruptcy? Bankruptcy is a legal proceeding afforded to people (or businesses) who are unable to handle a financial crisis. Bankruptcy is made available by federal law so that you can have a fresh start. How Does Bankruptcy Work? After an individual qualifies and files a bankruptcy, legal protections are then instilled by the […]
When you’re pressured by Foreclosure In today’s housing market, many people are facing potential mortgage foreclosure even the people who never imagined that this could happen to them. Maybe you had to move because your family grew, you got a divorce or you needed to relocate for a job. Or maybe you cannot close the […]
Most people with debt problems are, at least intially, highly resistant to the idea of filing for bankruptcy. Filing chapter 7 or chapter 13 is often viewed as taking the easy way out, or looked at as a good way to ruin one’s future credit rating, or as a moral failing best to be avoided. These viewpoints, combined with financial stress […]
What is Chapter 7 Bankruptcy? Chapter 7 Bankruptcy was enacted to allow persons who are hopelessly burdened by debt to have an opportunity for a new beginning by wiping out unsecured debts (debts that aren’t tied to any specific item of property, most commonly credit cards). Chapter 7 is designed for persons who cannot afford […]
Absolute Priority The order of payment to the different classes of creditors mandated by the Bankruptcy Code. Accord and Satisfaction An agreement to settle a contract dispute by accepting less than what’s due. Adequate Protection The right of a party with an interest in the debtor’s property to assurances its interest will not be diminished […]
I know I’ve talked about this time and time again. If you follow my blog, you are probably wondering why I’m going to dedicate another post to hiring the right lawyer for you. But I’m going to do it anyway, and I have good reason! No matter what lawyer you choose to hire, you need […]
If you are in debt, you will probably be interested in hearing that the FDCPA is not the only act that protects your rights from debt collectors and creditors. There is another act that seeks to regulate the way that information such as credit information is collected and disseminated. This act is the Fair Credit […]
