Does filing a bankruptcy stop a rental eviction?

By the time people declarebankruptcy, it is not uncommon for people to be behind on their rent, sometimes facing eviction. Past due rent is sometimes dischargeable in bankruptcy just like credit card and medical debt. Filing for bankruptcy may stay an eviction proceeding temporarily and can allow the tenant to save up money for past […]

Pets in Bankruptcy

What happens to pets in bankruptcy?  When you file a bankruptcy you must list all property you own in your schedules.  Out of all the questions we ask clients about the property they own, the one that usually comes with a look of confusion is when we ask if they own any pets. People wonder why we ask the question and almost immediately […]

Death During Bankruptcy

What happens if a person files bankruptcy but dies before receiving their discharge? When a person dies, their heirs generally are not responsible for paying the decedents debts. Rather, the debts are paid out of the decedents estate and anything leftover can be distributed through state probate proceedings.  Potential heirs often wonder what happens to the bankruptcy case and if it can be completed to discharge […]

What is a Rule 2004 examination in bankruptcy?

Every debtor that files bankruptcy must make one court appearance where they attend their meeting of creditors, also called a 341 meeting. At the meeting, you will meet the trustee assigned to your case. The trustee will ask you required questions and may ask additional questions to understand the big picture of your financial situation.   For most people, the paperwork and information supplied […]

Valuing Vehicles in Bankruptcy

Many people who are looking at filing bankruptcy have a car that they need to get to and from work, as well as to run errands and do every day activities. When talking about bankruptcy with an attorney, many people do not want to “claim bankruptcy” on their car, or worry about losing their car […]

Going to Court in Bankruptcy

Every debtor that files a bankruptcy must make one court appearance where they attend their meeting of creditors, also called a 341 meeting. However, in most cases a debtor will never step foot in a formal court room or appear before the bankruptcy judge. During the 341 hearing the judge is not present and the […]

Bankruptcy, Professional Licenses, and Employment Discrimination

Many professionals, such as teachers, nurses, real estate brokers, and even funeral home directors are required to obtain a license or certification before they may begin a job in their chosen field. People in licensed professions or people who plan to become licensed often ask if a bankruptcy will affect their license or the ability to obtain a license in the future.  

Cross Collateralization Agreements

Cross collateralization is a provision in many credit union loan agreements. It can create some complications for someone who is filing for bankruptcy. Today’s post will discuss the clause and why it matters in bankruptcy. First, let’s run though the typically scenario of the cross-collateralization clause in effect.  

Tax Refunds and Bankruptcy

People that file bankruptcy between January and mid-April (during tax season) often ask what happens to their tax refund and what can they do to protect it. Today’s post discusses ways to protect your 2020 tax refund depending on if you have already received your refund (but not spent it) or are expecting a refund.