Continue Reading How do I take my primary residence out of a chapter 7 bankruptcy?
Ten years ago this month the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became effective. The act was designed to make filing bankruptcy more difficult by requiring filers to provide more information to court trustees that supervise the process and by installing a mathematical formula to keep higher income debtors out of chapter 7.…
I still remember being in the bankruptcy meeting room waiting for my client’s turn to see the Chapter 7 Trustee. What I saw was a classic mistake made by young and inexperienced bankruptcy attorneys.
Trustee: So how long have you owned the painting supply business?
Debtor: About 8 years.
Trustee: I see that you rent
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Medical debts account for nearly 62% of all bankruptcy cases filed according to a Harvard study. The actual number may be even higher since medical debts turn into credit card debts and mortgage debts as people try to pay off debt collectors. Although some medical debts are incurred when a person is temporarily uninsured,…
Is it a violation of the Fair Debt Collection Practices Act for a creditor to file a Proof of Claim in a bankruptcy case on an old debt that is no longer collectible by virtue of a Statute of Limitation? Ever since the 11th Circuit Court of Appeals ruled in Crawford vs. LVNV Funding that…