A filing for Chapter 7 or Chapter 13 Bankruptcy will stop all debt-related legal proceedings against a person. But only temporarily. [ Read More… → ]

Electronic filing is not an option that Standard Legal can offer, but not because of any shortfall in capability. In nearly every jurisdiction, the electronic filing system for Bankruptcy is limited to use by attorneys and high-volume creditors. Simply put, the Bankruptcy Courts’ electronic filing system is not available to individual pro se filers in most jurisdictions.

A person lists all of the debts that he or she wishes to have discharged in a Bankruptcy filing. Unless a debt is non-dischargeable by law or a creditor objects to the discharge, then all of the listed debts in the filing are discharged once the bankruptcy court agrees. [ Read More… → ]

In a Chapter 7 or Chapter 13 Bankruptcy filing, the Court wants to know about a person’s complete financial circumstance — including any property or financial interests to which a person may not hold current title, but may gain access to as a beneficiary at a future date. [ Read More… → ]

In nearly every instance, a government-backed student loan is not dischargeable in a bankruptcy proceeding, by law. But what about a clearly-designated student loan that was provided by a family member, a private party, a trust, or even a non-government backed loan provided by a bank? [ Read More… → ]

Yes, upaid HOA (homeowner’s association) dues can generally be included for discharge consideration in a bankruptcy petition. But the result of such an inclusion of the homeowner’s association fees depends upon the circumstances of the filer, the amount of money due to the HOA, and the debtor’s intent for the real estate property. [ Read More… → ]

Standard Legal offers only personal bankruptcy legal forms software. And with good reason… [ Read More… → ]

A Chapter 7 or Chapter 13 Bankruptcy filing can be made individually for a single person or jointly by a married couple using the Bankruptcy legal forms software from Standard Legal. A married person also can file individually if the circumstances of the financial situation warrant such a petition. Strategies and overviews for this type of decision-making are included within the Bankruptcy title’s contents.

A joint mortgage (a mortgage signed for by two or more parties) can be included in an individual’s personal bankruptcy filing. But an individual filing of Bankruptcy does not discharge the mortgage debt for all parties. [ Read More… → ]

A Chapter 13 bankruptcy case allows one who is behind on secured debts to “catch up” on these debts through the chapter 13 plan and repayment process.

Using disposable income (the debtor’s income in excess of allowed expenses), the debtor pays the Bankruptcy Trustee a monthly amount that will pay the past due amounts in full over time. [ Read More… → ]

If the creditor is listed on the Bankruptcy filing’s petition schedules, the court will provide notice to that creditor to immediately cease the garnishing of wages.

However, it certainly would not be inappropriate for the debtor to contact the entity garnishing his or her wages and inform them in writing of the bankruptcy filing and providing the bankruptcy case number to the creditor. In doing so, the creditor is made aware of the filings through a second means, and has no excuse for failing to stop the garnishment of wages. [ Read More… → ]

A debtor cannot always be sure that a debt has not been sold or assigned to a collection agency or other third party debt collector source. Nor can a debtor be 100% sure that the creditor might not reactivate a past due account for collection at a later date. [ Read More… → ]

There are no bankruptcy rules or laws that would prevent or prohibit a person from purchasing a new home or receiving a mortgage after a discharge is entered for their case.

However, a bankruptcy filing often negatively affects a debtor’s credit score or rating significantly. [ Read More… → ]

A filing of a bankruptcy petition potentially discharges all debts incurred prior to the filing date of the petition itself (i.e. as of the date that the case is filed with the court).

However, certain debts are non-dischargeable and other debts can be challenged directly. For example, debts incurred with the deliberate intention of being discharged in bankruptcy can be challenged. [ Read More… → ]

Short answer, yes: the Trustee administering a bankruptcy case is permitted to take a tax refund that is paid to the debtor from the IRS (as well as any State tax refund).

The theory is that such refund is an asset of the debtor that can be used to pay creditors.

But there is one consideration, however. [ Read More… → ]

The filing of a bankruptcy petition will “stay” or stop any garnishment proceedings. If wages are garnished after the Bankruptcy case is filed, the creditor should be required to repay this money to the debtor or to the bankruptcy estate (i.e. the trustee assigned to oversee the bankruptcy case).

Complete information on the Bankruptcy filing process and related activities are described in specific details within Standard Legal’s Bankruptcy legal forms software package.

Standard Legal recommends that a person with a large number of debtors who is filing Bankruptcy create separate continuation sheets for each type of debt, using the stock continuation sheet provided. [ Read More… → ]

Trustees often have specific rules regarding the conduct of their 341 meeting of creditors. And while many procedural rules are common to all Trustees, there can be slight differences in their actions or requirements. [ Read More… → ]

Many people hope that they need not include their car in bankruptcy, especially if they are not behind in their payments. But is a person still required to list their car on the bankruptcy filing regardless?

Under bankruptcy law, all assets, debts and obligations are to be listed on the petition and schedules.  [ Read More… → ]

Before filing for a second Chapter 7 bankruptcy case, a debtor must wait eight (8) years after filing the first case in which a discharge was granted.

But in some cases there can be a significant amount of time that passes between the original filing and the date the Bankruptcy is officially discharged by the Trustee. So which date is used as the starting date for the implementation of the 8-year rule, should a person needs to file a second bankruptcy proceeding? [ Read More… → ]