By intent, the Bankruptcy Court does not make Student Loans easy to discharge. Thus, there is no standardized form for discharging student loans. Continue reading What Form Do I Use to Discharge a Student Loan by Bankruptcy?
Most mobile homes have titles, like automobiles, so they are not always treated like Deeded real estate property in a personal Bankruptcy filing. Continue reading How is a Mobile Home Listed in a Bankruptcy?
The choice or applicability of a particular state’s Exemption laws depends on the ‘domicile’ of the debtor, i.e. where the debtor permanently resides.
The Bankruptcy Code outlines where the debtor is domiciled in cases where the debtor has recently moved. Continue reading Which State’s Bankruptcy Exemptions Are Used if I Moved?
An offset, like the term “setoff”, is the deduction by the Debtor from a claim or demand of a debt or obligation owed to the Creditor. Continue reading What is an Offset in Bankruptcy?
The information in the filed Bankruptcy paperwork is a snapshot of the assets and liabilities of the debtor as of the date of filing. Continue reading Can Mom Buy a Car For Me If I Just Filed Bankruptcy?
If a Chapter 7 Bankruptcy filing is made and a personal vehicle is reaffirmed (i.e. chosen to be kept by the filer with continuing payments to be made) within that filing, it is still possible to change the filing, not reaffirm the car, and surrender the vehicle back to its creditor. Continue reading Can I Change a Filing on a Reaffirmed Vehicle?
A “Motion to File Automatic Stay” (more appropriately, a ‘motion to impose the automatic stay’) is not a standardized bankruptcy form. Rather, it is a filing required under 11 U.S.C. §362(c )(3) & (4) when a previously filed bankruptcy case is dismissed. Continue reading Is an Automatic Stay Form Included in Standard Legal’s Bankruptcy Package?
A complete Chapter 7 personal Bankruptcy filing includes Form B8, the “Statement of Intention”.
This form tells the Trustee what your plans are for property and contracts in your name: debts secured by property of the estate; and personal property subject to unexpired leases. Continue reading Should I Submit Bankruptcy Form B8 with No Entries?
A Bankruptcy Court may close a case when all of the required documents are not filed or properly completed. When such a case is closed, it must be re-opened before new or additional documents can be filed.
So how exactly does a person re-open a closed Bankruptcy case? Continue reading How Do I Re-Open My Bankruptcy Case?
If the debtor in the Chapter 13 case moves out of a location where he or she is paying rent and then moves to another location where no rent is required, at least two issues arise: Continue reading If I Move into a Rent-Free Home, Must I Inform the Chapter 13 Bankruptcy Trustee?