I recently came across an excellent series of videos on the basics of consumer bankruptcy created by the U.S. Courts. There are nine videos in total, and here is the link to watch them all.
Chapter 7
Inheritance and Chapter 7
The date a Chapter 7 petition is filed is generally the cut off date for measuring the property of a debtor, but two major exceptions exist. Property acquired by bequest, devise or inheritance or marital settlements received within 180 days after the case is filed is also included in the bankruptcy estate. Bankruptcy Code…
Beware of Fraudulent Transfers
There is a limit as to how much property is protected in bankruptcy, and debtors who own a
significant amount of property are frequently tempted to transfer the property out of their name before the case is filed. Anticipating this temptation, bankruptcy laws give the Chapter 7 Trustee the power to retrieve the transferred property…
What happens if I forget to list a debt?
What happens if a person fails to list a debt on their bankruptcy case? That exact question was presented to the Nebraska bankruptcy court when debtor Peggy Gonzalez failed to list her landlord as a creditor in a Chapter 7 case (Nebraska Bankruptcy Case 09-81123). After the bankruptcy case was completed, the landlord sued Ms.
Nebraska Homestead Exemption Denied to Common Law Spouse
The Nebraska Bankruptcy Court has ruled that an unmarried debtor who resided in his home with his long-time girlfriend cannot protect the equity in his home under the Nebraska Homestead Exemption. See In re Chrisman, Nebraska Bankruptcy Case 11-41281-TJM. The debtor, Mark Chrisman, filed Chapter 7 in May of 2011 and listed a home…
How Often Can You File Bankruptcy?
How long do you have to wait to file bankruptcy if you have filed in the past?
The answer is that there is no limit to how many times you may file bankruptcy, but there are a few special rules governing how often a bankruptcy case will discharge your debts when you have filed before.
CHEAP CREDIT COUNSELING CERTIFICATES
As part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Congress required that all persons take a credit counseling course before they are allowed to file a bankruptcy case, and another credit education course after the case is filed. So, everyone filing bankruptcy these days must take two courses and file…
Lincoln Homeowner Files His Own Case & Loses Home
An unemployed pharmacist in Lincoln, Nebraska lost his battle to save his home from the claim of the Chapter 7 Trustee during a bankruptcy court hearing on January 5. In Re Bozarth, Bankruptcy Case Number 10-42629. The homeowner filed his own case and was not represented by an attorney at the hearing. The homeowner…
Are Tax Refunds Protected in Bankruptcy?
It’s tax season again, and in the bankruptcy world that means only one thing–people are loosing their tax refunds to Chapter 7 Trustees again. The sad part is that this should almost never happen. This is the result of sloppy legal work. Yet, year after year I witness helpless debtors lose their tax refunds because…
Should I file Chapter 7 or Chapter 13?
One of the most common questions asked is whether it is better to file Chapter 7 or Chapter 13. Our firm’s position is that if you qualify for Chapter 7 and if there is little risk of your property being liquidated, then Chapter 7 is the better way to go. The goal is to complete…