Bankruptcy Courts oversee a process where: a debtor repays creditors in a fair and orderly manner to the extent that the debtor has property available for payment; a failing business reorganizes by restructuring debt or the business entity itself, or, alternatively, to provide a framework for the orderly liquidation of the failed enterprise; and a...Read More

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