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July 2015 Archives

Surrendering Property in a Bankruptcy

You will have several decisions to make when it comes to your Chapter 7 bankruptcy concerning how you want your debts to be handled. Many individuals are under the impression that they can just file for this type of relief and all their debts are wiped clean. This is not always the case, and you may have to determine what you want to do in some cases.

Can I Get a Chapter 13 Hardship Discharge for my Bankruptcy?

Most likely if you qualified for a Chapter 13 bankruptcy at that time you entered into it with the good intention of following your approved payment plan. Circumstances can change however, and the bankruptcy courts realize this. If you are no longer able to honor your Chapter 13 bankruptcy then your Lousiville bankruptcy attorney may advise you to file for a Chapter 13 bankruptcy discharge.

Loan Modification or Bankruptcy?

Once you get into a tough financial spot it can mean that you have to make some tough decisions to help you get it under control. Often it means that you may be getting behind on your mortgage payments. This is no doubt causing you many sleepless nights, and a great deal of stress. You start looking at your options and may be trying to decide between a loan modification or filing for bankruptcy.

Credit Counseling and Credit Education for Bankruptcy

Some people feel embarrassed that when they file for bankruptcy that they have to attend credit counselling and debtor education sessions. Each state has their own rules concerning this. The reason for this is the bankruptcy courts don't want individuals ending up in a bad financial state yet again. It is meant to educate individuals on how to handle debt that occurs and how to budget.

What Does a Discharge in Bankruptcy Really Mean?

There are so many legal terms that present themselves when it comes to bankruptcy proceedings it can be totally frustrating for the individual who is trying to get themselves back on track by using bankruptcy as a financial relief. One very common term that they know but may not really understand is the bankruptcy discharge.

Preparing Your Paperwork Before Bankruptcy

As you can probably guess when it comes to any court proceedings there is usually a ton of paper work involved, and bankruptcy is no exception. The paper work will vary depending on whether you are filing a Chapter 7 or Chapter 13 bankruptcy, but in either case there will be a great deal of it. Your Indiana bankruptcy lawyer will ensure that you are well advised of everything that you will need to produce, in order to fill out the required forms properly.

The U.S Trustee in Bankruptcy Cases

Generally speaking the U.S Trustee oversees some of the workings of the bankruptcy case trustee. The majority of times the individual filing for bankruptcy has no direct dealings with the U.S Trustee, however this individual is still playing an important role through each person's bankruptcy case. Your New Albany bankruptcy lawyer will be well aware of the role that the U.S Trustee will be playing in your particular case.

What is an Adversary Proceeding in a Bankruptcy?

Most people file for bankruptcy because they want to avoid lawsuits. However, even in a bankruptcy, law suits can be filed and these are called adversary proceedings. It comes about because one of the parties involved has filed a complaint. This could be any one of the creditors involved. It could be you or your trustee. It may be that you or your trustee disagrees about a matter that is being handled in your bankruptcy.

Do Both My Wife and I Have to Go Bankrupt?

If you are deciding to go bankrupt you may qualify for a chapter 7 or chapter 13 bankruptcy. As a married person you also have the option of filing jointly as a married couple, or just yourself. If you decide to file jointly then it may be that more of your property will be protected, and a greater number of your debts will be discharged. This is possible but no always the case. You should retain a Louisville bankruptcy lawyer so you will start your bankruptcy proceeding with the right advice.

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Schwartz Bankruptcy Law Center

Office Locations:

Louisville Office
3339 Taylorsville Road
Louisville, KY 40205

Phone: 502-785-8549
Phone: 502-485-9200
Fax: 502-485-9220
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New Albany Office
501 State Street
New Albany, Indiana 47150

Phone: 502-785-8549
Phone: 812-945-9200
Fax: 502-485-9220
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