Archive for August, 2010

How Long Can I Stay in My Home in Bankruptcy?

27 August 2010 by Admin  |  Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Foreclosure Issues  |  No Comments

Many people I meet with now days are either trying to save their home or find a way to give their home back to the bank with as little liability as possible. Many are looking for an “Arizona foreclosure attorney” to help them.  For those looking to surrender your home back to the bank, the question is often asked “how long will I be able to stay in my home?” How long you can remain in your home depends on what chapter of bankruptcy you file and whether or not there was a trustee sale date set on your home…

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Bankruptcy, Fraud, & Nondischargeable Debts

19 August 2010 by Admin  |  Debt Collection Issues  |  No Comments

The end goal of filing bankruptcy is to obtain a discharge order from the bankruptcy court.  The discharge order is the document that has the effect of barring your creditors from ever again trying to collect on your debts.  Often I get asked the question if there are any debts that are not discharged in the bankruptcy.  While there are many types of debt that could potentially not be discharged, I will focus on a few found in 11 U.S.C. § 523(a).  Specifically, the following debts are typically not discharged in a bankruptcy case, meaning that you would need to…

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The Meeting of Creditors: 341

13 August 2010 by Admin  |  Bankruptcy Process  |  No Comments

For most people who file for bankruptcy, whether it be a Chapter 7 bankruptcy case or a Chapter 13 bankruptcy case, the only time you will be required to attend a legal proceeding will be at the Meeting of Creditors (sometimes you will hear attorneys refer to this meeting as the 341, this is simply the bankruptcy code section that requires this meeting).  Approximately one month after your case is initially filed you will be required to attend a meeting with your trustee.  While the meeting is called the Meeting of the Creditors, in fact, it is very rare that any…

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Personal Bankruptcy and Business Owners

2 August 2010 by Admin  |  Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, General Bankruptcy  |  No Comments

It is quite common for those who have taken the plunge and opened their own business to end up in bankruptcy.  In fact, if you think about it, without bankruptcy laws, how many entrepreneurs would be willing to make the leap and start their own business?  If you could never escape the business debts incurred in starting up a business, the risk would simply be too great. So the question then, if you own a business, and file for bankruptcy personally, what will the impact be to the business?  Much depends on the chapter you personally file under. Business and…

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