Consumer Bankruptcy Law

Upon occasion, a judge or the trustee in a bankruptcy case will move to have a particular case denied and dismissed. In such a situation, you undoubtedly find yourself beyond frustration. Stop ......

A cosigner assumes equal liability on a loan or promissory note with another person; this is in contrast to a guarantor, who assumes liability only if the primary borrower defaults. If your...

Individuals from all walks of life find themselves facing financial difficulties and challenges that warrant declaring bankruptcy. As a California resident, if you are considering bankruptcy you...

Under Chapter 7 and Chapter 13 bankruptcy laws, seller financing is treated the same as other secured claims, regardless of the source of credit. Sellers who do not retain a lien do not fall under...

Although married spouses may file for bankruptcy jointly, there is no requirement that they do so. It's important to consider, however, how filing individually will affect your spouse. Depending...

For many people, bankruptcy is a fairly simple process that can be completed without paying an attorney. Other cases are more complex, and the small legal fees you pay an attorney could result in...

"Chapter 13" is the shorthand way of referring to Chapter 13 of Title 11 of the U.S. Code, which lays forth the procedures, rules and requirements for filing bankruptcy as an individual with...

Bankruptcy trustees are subject to discipline for violations of law or professional rules of ethics. Anyone with a complaint against a trustee should consider three distinctly different remedies....

The term orderly bankruptcy was used by Dana Perino, spokesperson for President George W. Bush, on Dec. 18, 2008. Perino relayed the Bush's concern for major automakers and the effect of forcing...

How to Find a Bankruptcy Attorney or Lawyer. Selecting a bankruptcy attorney is a very critical and important step when you’ve decided to look into filing for bankruptcy. This person is going to...

The trustee is a representative of the court in a bankruptcy case. The trustee's primary task is to mediate the payment of debt between a bankruptcy debtor and creditors. For any particular...

In a chapter 13 bankruptcy plan, the consumer debtor and his creditors abide by a plan that allows the debtor to pay back some or all of his unsecured debt in a set amount of time (three to five...

The United States Code provides the legal standard for finding bankruptcy fraud. Title 11 contains the U.S. Bankruptcy Code. Title 18 regulates Crimes and Criminal Procedures. Provisions from both...

A bankruptcy filing can be dismissed at any time for a variety of reasons. A debtor may request a dismissal if the debt has been taken care of, but more commonly bankruptcies are dismissed for a...

In some limited instances, a debtor might seek a dismissal of her bankruptcy case. While the reasons vary, gaining approval of the bankruptcy trustee or the court before abandoning an ongoing case...

A primary goal of bankruptcy is to provide debtors with a fresh financial start from burdensome debt. The bankruptcy discharge releases debtors from liability for specific debts and prohibits...

If you are considering filing for bankruptcy protection, it is important to understand that this involves a process as opposed to an event. There are stages associated with filing for bankruptcy....

Through the bankruptcy process you are able to enter into what is known as a reaffirmation agreement. This is a contract between you and a lender regarding a loan that is secured by...

The self help filing of a Chapter 7 bankruptcy can be a challenging task. Nevertheless, it can be done. The individual who wishes to save money in representing himself or herself will need to know...

Bankruptcy is a legal proceeding that takes place in a federal bankruptcy court. Federal rules of procedure control the method for filing bankruptcy, but Montana state law controls some of the...

Bankruptcy, as commonly understood, is financial insolvency in an individual or a business. In Australia, the Insolvency and Trustee Service Australia (ITSA) is the government agency that governs...

If you are contemplating filing for bankruptcy and maintain a reverse mortgage, you may be wondering how such a legal action will impact your loan and ownership interest. Understanding how to file...

If you have a pending Chapter 13 bankruptcy case you may have reached a juncture at which you are having difficulties in making your monthly plan payment. If that is the case, you may desire to...

If you are unemployed and facing a tremendous challenge dealing with your debt, you may be considering pursuing bankruptcy. There are some specific considerations that you need to keep in mind if...

Part of pursuing a Chapter 13 bankruptcy is determining how much income you have available to satisfy the terms of the payment plan established by the trustee and the court. If you are...

Do it yourself or DIY bankruptcy allows the beleaguered consumer to file for personal bankruptcy protection without the assistance of legal counsel. Consumers will typically choose this option...

Numerous individuals and corporations file bankruptcy yearly. Congress has established several types of bankruptcy, and it is important to understand the distinctions between them. Here are some...

Consumers have the option to file for two different types of bankruptcy, Chapter 7 or Chapter 13, named after their respective sections in the United States Bankruptcy Code. Both types of...

The Federal Rules of Bankruptcy Procedure are basically the laws that govern the procedure of bankruptcy. The Rules explain everything about how to handle your bankruptcy case. The Rules are...

The self help filing of a Chapter 7 bankruptcy can be a challenging task. Nevertheless, it can be done. The individual who wishes to save money in representing himself or herself will need to know...

Filing bankruptcy yourself is not a difficult process. It's simple. All there is to do is prepare the documents, which is basically your information, and be sure everything is submitted with its...

If you have found yourself unemployed and contemplating bankruptcy, you may be wondering about the effect of bankruptcy on COBRA insurance. The reality is that a bankruptcy will have no effect on...

If you have a pending bankruptcy you may have reached a juncture at which you are considering seeking a dismissal of your case. There are specific procedures for dismissal of bankruptcy that are...

As an Illinois resident, you either pursued or are contemplating pursuing a bankruptcy. You might be wondering what the procedures are for dismissal of bankruptcy in Illinois. The reality is that...

The requirements for bankruptcy in Nevada are governed primarily by the U.S. Bankruptcy Code with additional guidance from the local rules of the U.S. Bankruptcy Court for the District of Nevada.

California uses the bankruptcy forms provided by the U.S. Courts. These can be downloaded online (see Resources and References sections below) or filed electronically by a bankruptcy attorney....

A person dealing with ever-mounting debt eventually may consider seeking relief in the bankruptcy court. Certain standards for filing bankruptcy must be met in order for a debtor to be able to...

Bogged down with debt, residents of Louisiana have the option of seeking either a Chapter 13 or a Chapter 7 bankruptcy. There are specific Chapter 7 laws in Louisiana that a debtor must follow...

A consumer who has unmanageable debt can elect to file Chapter 13 bankruptcy. A consumer commonly wants to know how long does it take to file Chapter 13 bankruptcy. The process of preparing for...

Having elected to pursue a Chapter 13 bankruptcy, you may be wondering whether you can refinance while your case is pending. You can get refinanced while in Chapter 13. The process for refinancing...

Although a debtor filing bankruptcy makes it more difficult to collect a debt, it is not impossible. While you will not be able to file a lawsuit in a state court as you normally would, you may...

Reaching a juncture at which debt is beyond a person's ability to control, bankruptcy can be the best options. Virginia bankruptcy laws set forth specific requirements and procedures to be used in...

The U.S. Bankruptcy Court defines bankruptcy as a legal procedure for dealing with the debt problems of individuals and businesses. Individuals typically file for Chapter 7 or Chapter 13...

People thinking about filing for Chapter 7 bankruptcy must keep in mind the income requirements under the law. For Washington state residents, knowing the income guidelines for filing Chapter 7...

Bankruptcy is the legal process by which a person can reduce or eliminate debts and start over financially. The details of bankruptcy vary depending on what chapter of bankruptcy law you file under.

Having filed a Chapter 13 bankruptcy case, you need to know about all of the options that are available to you. In many cases, when a person files this type of case the presumption is that she...

When debtors decide to file for bankruptcy, they first contact an attorney for advice on which of the chapters of the bankruptcy code to file under, which debts they should attempt to discharge,...

A Chapter 7 bankruptcy trustee is charged with overseeing cases that are filed in U.S. Bankruptcy Court. There are some limited instances in which a Chapter 7 bankruptcy trustee can be removed...

Chapter 13 bankruptcy permits a debtor the ability to satisfy his debts through a court-managed plan. A debtor is able to obtain an early discharge from bankruptcy in certain situations.

Bankruptcy fraud laws are designed to detect and penalize people trying to manipulate and abuse the bankruptcy court system for a financial advantage. Significant sanctions are associated with...