http://resources.lawinfo.com/rss/en/legal-faqs/bankruptcy/index.html Bankruptcy FAQs - LawInfo provides Free Bankruptcy FAQs to help you understand your legal issue http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/is-child-support-dischargeable-in-bankruptcy.html <p> <font size="3">Typically, child support obligations cannot be discharged through bankruptcy. Child support obligations might include other types of support as well, such as medical bills or educational expenses for children. This means that even if all of your other debts are discharged in bankruptcy, you will still be responsible for your child support obligations.</font></p> Bankruptcy FAQs Sat, 12 Feb 2011 18:11:54 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/is-child-support-dischargeable-in-bankruptcy.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-bankruptcy-.html A bankruptcy is a legal declaration that an individual or organization is unable to pay its creditors or debts.&nbsp; Bankruptcy filings are mostly regulated by laws under the jurisdiction of the federal government.&nbsp; The validity of bankruptcy claims and exemptions are governed by state law and vary from state to state. Bankruptcy FAQs Thu, 13 Dec 2007 16:31:08 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-bankruptcy-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/do-i-need-an-attorney-to-file-bankruptcy.html <p> Federal law does not require you to have an attorney. You are allowed to file pro se, that is, on your own without an attorney. However, without the assistance of an attorney, it is extremely difficult to do so successfully.</p> <p> Hiring a competent attorney is <strong>highly recommended</strong> as Bankruptcy has many long-term financial and legal consequences.</p> Bankruptcy FAQs Thu, 13 Oct 2011 22:25:21 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/do-i-need-an-attorney-to-file-bankruptcy.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/does-filing-for-bankruptcy-allow-me-to-modify.html <p> <font size="3">Maybe. If your income has drastically changed for </font><font size="3">various reasons, such as layoff or illness, then you may be eligible for a modification of your child support obligation. The circumstances under which you can modify your child support obligation will vary according to your state&rsquo;s laws.</font></p> Bankruptcy FAQs Mon, 04 Apr 2011 17:29:31 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/does-filing-for-bankruptcy-allow-me-to-modify.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-long-does-the-bankruptcy-process-take-bef.html <font size="3">In Chapter 7 bankruptcy proceedings, debts can be discharged in a matter of months in a relatively uncomplicated case involving few or no assets. On the other hand, Chapter 13 bankruptcies involve repayment plans that can stretch over a period of three to five years before debts are finally discharged.</font> Bankruptcy FAQs Sat, 03 Jul 2010 12:37:33 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-long-does-the-bankruptcy-process-take-bef.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/who-can-file-for-bankruptcy.html Any person, partnership, corporation or business trust may file bankruptcy. In addition, charitable or social organizations may also file for bankruptcy. United States citizenship is not a requirement for filing bankruptcy Bankruptcy FAQs Tue, 29 May 2007 20:19:00 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/who-can-file-for-bankruptcy.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-do-i-know-if-i-should-file-for-bankruptcy.html You should file if you are unable to pay your debts and there is no possibility that you ever will. The most common reasons for filing for bankruptcy are unemployment, large medical expenses, overextended credit and other large unexpected expenses.&nbsp; Deciding to file for bankruptcy is a difficult decision. Valuable factors to consider are your alternatives, the type of bankruptcy that is best for you, and which debts will be discharged if you file bankruptcy. Bankruptcy FAQs Thu, 13 Dec 2007 16:37:51 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-do-i-know-if-i-should-file-for-bankruptcy.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/someone-who-owes-me-money-filed-for-bankruptc.html <p> <font size="3">If you are a creditor, or someone to whom the debtor owes money, then you will be given notice of the bankruptcy proceedings, as well as notice to file a claim for the amount of your debt in cases where some assets are available. You also will receive a notice from the bankruptcy court that indicates if and when the debtor&rsquo;s debts are discharged.</font></p> Bankruptcy FAQs Tue, 20 Jul 2010 17:53:19 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/someone-who-owes-me-money-filed-for-bankruptc.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-can-i-find-out-if-a-person-s-debts-were-d.html <p> <font size="3">Federal bankruptcy court records are public records to which the public has free access. You should contact the Clerk of the U.S. Bankruptcy Court in the area in which the debtor lives for more information about examining bankruptcy court records. Furthermore, bankruptcy records are now available online in many states.</font></p> Bankruptcy FAQs Fri, 05 Aug 2011 22:08:41 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-can-i-find-out-if-a-person-s-debts-were-d.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/will-i-lose-my-housecarand-other-personal-pro.html <p> Not necessarily, each state has laws that determine which items or property are exempt from being taken away. For example, many states exempt personal items such as furniture and clothing. In addition, other kinds of property are exempt up to a limit. These exemption limits mean that any equity that you have in the property above the limit is not exempt. The Bankruptcy Court can take the property and sell it, pay off any creditors, give to you the exemption amount, and keep the rest for ot Bankruptcy FAQs Mon, 01 Apr 2013 21:45:47 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/will-i-lose-my-housecarand-other-personal-pro.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/after-i-file-for-bankruptcy-will-my-creditors.html Yes. When filing for bankruptcy the &ldquo;automatic stay&rdquo; prohibits creditors from trying to collect on debts.&nbsp; These efforts include being prohibited from contacting you in order to collect the debt.&nbsp; When you hire an attorney, any communication from a creditor is usually required to be made through your attorney. Bankruptcy FAQs Thu, 13 Dec 2007 16:45:14 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/after-i-file-for-bankruptcy-will-my-creditors.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-i-be-evicted-if-i-file-for-bankruptcy.html <p> <font size="3">Yes, in some circumstances. While a bankruptcy filing does prevent your landlord from terminating your lease or filing an eviction lawsuit against you, the landlord is likely to be able to get permission from the bankruptcy court to terminate your lease and/or evict you in a relatively short period of time. </font></p> Bankruptcy FAQs Thu, 15 Jul 2010 18:03:55 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-i-be-evicted-if-i-file-for-bankruptcy.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-long-will-a-bankruptcy-show-on-my-credit.html The Bankruptcy Court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting agencies. The law states that credit reporting agencies may not report a bankruptcy case on a person`s credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bure Bankruptcy FAQs Mon, 04 Jun 2007 20:51:22 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-long-will-a-bankruptcy-show-on-my-credit.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/if-i-am-being-evicted-by-my-landlord-can-i-st.html <p> <font size="3">Maybe, depending on the stage of your eviction proceedings. If your landlord has already completed eviction proceedings and won a judgment of possession, a last-minute bankruptcy filing will not stop your eviction. On the other hand, if the eviction is not complete, a bankruptcy filing may temporarily delay your eviction proceedings, but is unlikely to stop the proceedings altogether.</font></p> Bankruptcy FAQs Mon, 21 Feb 2011 11:41:22 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/if-i-am-being-evicted-by-my-landlord-can-i-st.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/do-i-have-tell-my-landlord-that-i-have-filed-.html <font size="3">No. You have no obligation to tell your landlord that you have filed for bankruptcy. However, you may look at your lease to see if it contains any provisions about a tenant filing for bankruptcy, such as being grounds for terminating your lease. Plus, your landlord is likely to become a creditor in your bankruptcy proceedings, so he or she may receive notice of the bankruptcy directly from the court.</font> Bankruptcy FAQs Wed, 07 Jul 2010 23:21:06 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/do-i-have-tell-my-landlord-that-i-have-filed-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-means-test.html <p> <font face="Arial">A&nbsp;&quot;means test&quot; in a bankruptcy proceeding is one of the factors used to determine whether an individual debtor is eligible to file for bankruptcy under&nbsp;Chapter 7.&nbsp;&nbsp;&nbsp;The means test looks at the debtor&#39;s aggregate current monthly income (looked at over a number of years).&nbsp; If the net of that income, disregarding certain allowed expenses, is&nbsp;above the current income limit, then the debtor may not be eligible for filing under Bankruptcy FAQs Tue, 02 Apr 2013 16:32:40 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-means-test.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-my-landlord-evict-me-for-filing-bankruptc.html <p> <font size="3">In some cases, your landlord can evict you for filing bankruptcy, even if you have paid your rent in full. Some leases give your landlord the right to evict you and/or terminate your lease for any reason or no reason, including filing for bankruptcy. While bankruptcy might temporarily delay eviction and/or lease termination proceedings, it will not stop the proceedings.</font></p> Bankruptcy FAQs Thu, 15 Jul 2010 18:06:28 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-my-landlord-evict-me-for-filing-bankruptc.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-claim-in-a-bankruptcy-case-.html <p> In the broadest sense, a claim is any right to payment held by a person or company against you and your bankruptcy estate. A claim does not have to be a past due amount but can include an anticipated sum of money, which will come due in the future. In filling out your Schedules, you should include any past, present or future debts as potential claims.</p> Bankruptcy FAQs Mon, 01 Apr 2013 21:42:23 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-claim-in-a-bankruptcy-case-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-i-file-for-bankruptcy-every-few-years.html <p> No. Once a discharge is granted, a debtor who filed under Chapter 7 or 11 is prohibited from filing for another 6 years. However, a debtor who filed under Chapter 7 can file a chapter 13 before the 6 year bar is over, but not another Chapter 7.</p> Bankruptcy FAQs Tue, 18 Oct 2011 18:03:18 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-i-file-for-bankruptcy-every-few-years.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/will-bankruptcy-cause-me-to-lose-my-safe-depo.html <div> Maybe.&nbsp;You are required to declare all of your assets when filing bankruptcy, including the contents of any safe deposit boxes that you own.&nbsp;If you are filing Chapter 7 bankruptcy, for example, all of your assets beyond certain exempt amounts may be liquidated; in this situation, you could lose your safe deposit box.&nbsp;Additionally, if you fail to disclose the safe deposit box and/or its contents in your bankruptcy filings, your bankruptcy could be subject to dismissal for a Bankruptcy FAQs Mon, 15 Aug 2011 18:23:17 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/will-bankruptcy-cause-me-to-lose-my-safe-depo.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-a-homeowner-association-lien-be-avoided-i.html <div>For the purposes of Chapter 7 bankruptcy, a homeowner association lien is treated as a secured debt, which means that it will not be erased, unlike other unsecured debts.&nbsp;Therefore, you ultimately will be unable to preserve your home, and the lien will be foreclosed upon.&nbsp;In a Chapter 13 bankruptcy, however, you can include the lien in your repayment plan, which will allow you to pay off the debt secured by the lien and keep the underlying real property.</div> Bankruptcy FAQs Thu, 09 Sep 2010 17:07:01 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-a-homeowner-association-lien-be-avoided-i.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/is-there-a-limit-on-the-number-of-times-that-.html The time periods between bankruptcies depends on the type of the previous filing and the type of new filing.&nbsp; If your new filing is a Chapter 7, you must wait eight (8) years from last filing of a Chapter 7, or six (6) years from last filing of Chapter 13.&nbsp; If your new filing is a Chapter 13, you must wait four (4) years from last filing of Chapter 7 or two (2) years after a discharge of a previous Chapter 13 case. Bankruptcy FAQs Thu, 13 Dec 2007 16:52:47 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/is-there-a-limit-on-the-number-of-times-that-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-does-a-bankruptcy-work-if-i-m-married-.html <p> If you are married, you may file a joint petition. A joint petition is the filing of a single petition by an individual and the individual`s spouse. In order to qualify for a joint petition, you must be married on the date that the joint petition is filed. Unmarried persons, corporations and partnerships must each file a separate case. If you are an individual and have a business, you may not file a single petition for yourself and your business; each must be a separate bankruptcy case.</p Bankruptcy FAQs Mon, 01 Apr 2013 21:42:58 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/how-does-a-bankruptcy-work-if-i-m-married-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/does-my-divorce-decree-protect-me-if-my-ex-sp.html <p> If you are contractually bound with your ex&shy;spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex&shy;spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under it determined to be non&shy;dischargeable by the bankruptcy court or in state court. If you find out that your ex&shy;spouse has filed for bankruptcy, yo Bankruptcy FAQs Mon, 01 Apr 2013 21:46:10 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/does-my-divorce-decree-protect-me-if-my-ex-sp.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-are-bankruptcy-exemptions-.html <p> 11 U.S.C. &ordm; 522(b) allows an individual debtor to exempt real, personal, or intangible property from the property of the estate. State law protects exempt assets from distribution to your creditors. Typically, exempt assets include vehicles up to a certain dollar amount, the equity in your home up to a certain amount, and tools of the trade. Exemptions are claimed on Schedule C. As with all schedules, it is important to fully complete and provide all the information requested. If no o Bankruptcy FAQs Mon, 01 Apr 2013 21:46:18 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-are-bankruptcy-exemptions-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-bankruptcy-plan-of-reorganization-.html <p> The plan of reorganization is a document that sets out how a debtor &shy;in &shy;possession will repay creditors. The plan divides creditors into classes. It specifies the treatment of claims for each class of creditor and provides a means for the plan`s implementation. The debtor&shy;in&shy;possession has the exclusive right to file a plan for up to 120 days after the filing of the petition. After this exclusivity period has expired, creditors may file a plan.</p> Bankruptcy FAQs Mon, 01 Apr 2013 21:46:32 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-bankruptcy-plan-of-reorganization-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-bankruptcy-disclosure-statement-.html <p> The disclosure statement is a document that provides a profile of the corporation, financial information and an overview of the proposed plan of reorganization. This information is useful to creditors in deciding whether to accept or reject the proposed plan of reorganization.</p> Bankruptcy FAQs Mon, 01 Apr 2013 21:46:41 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-bankruptcy-disclosure-statement-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-bankruptcy-trustee-and-who-is-the-u.html <p> In all chapter 7, 12, 13 and in some chapter 11 cases, a case trustee is assigned. In chapter 7 cases they are called Panel Trustees. In chapter 12 and 13 cases they are called Standing Trustees. The trustee`s job is to administer the bankruptcy estate, to make sure creditors get as much money as possible, and to run the first meeting of creditors, (also called the 341 meeting, because 11 U.S.C.&nbsp;Section 341 of the Bankruptcy Code requires that the meeting be held). The trustee either Bankruptcy FAQs Mon, 01 Apr 2013 21:47:18 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-a-bankruptcy-trustee-and-who-is-the-u.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-the-creditor-s-meeting-in-a-bankruptc.html <p> A meeting of creditors is the single hearing all debtors must attend in any bankruptcy proceeding. It is held outside the presence of the judge and usually occurs between twenty (20) and forty (40) days from the date the original petition is filed with the court. In chapter 7, chapter 12, and chapter 13 cases, the trustee assigned by the court on behalf of the United States Trustee conducts the hearing. In chapter 11 cases where the debtor is in possession and no trustee is assigned, a rep Bankruptcy FAQs Mon, 01 Apr 2013 21:47:30 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-the-creditor-s-meeting-in-a-bankruptc.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/where-can-i-get-advice-about-bankruptcy-.html <p> The best course of action is to schedule an appointment with an attorney who practices within the area of bankruptcy. Many attorneys provide an initial consultation for little or no money. You should not rely on the information you get from a book or website (even this one) when it comes to such an important decision.</p> Bankruptcy FAQs Mon, 01 Apr 2013 21:47:49 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/where-can-i-get-advice-about-bankruptcy-.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-an-employer-discriminate-against-me-for-f.html Generally, government and private employers may not discriminate against you for filing bankruptcy. Federal law prohibits private employers from discriminating with respect to employment if the discrimination is solely based on the bankruptcy filing. Bankruptcy FAQs Thu, 13 Dec 2007 16:57:41 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/can-an-employer-discriminate-against-me-for-f.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-documents-do-i-need-to-start-a-bankruptc.html Federal forms include: Form 1&shy;&shy;Voluntary Petition (2 pages), Form 6&shy;&shy; Schedules A through J, Summary, and Declaration, Form 7&shy;&shy; Statement of Financial Affairs, and Form 8 &shy;&shy;Statement of Intention. In addition, you must file the appropriate local forms. Bankruptcy FAQs Tue, 11 Dec 2007 23:44:07 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-documents-do-i-need-to-start-a-bankruptc.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-the-first-step-in-filing-for-bankrupt.html After you have decided to file for bankruptcy, the first step is to file a petition with the Bankruptcy Court.&nbsp; On the petition, all your of your debts and property must be listed as well as other schedules of assets and liabilities. Bankruptcy FAQs Sat, 15 Dec 2007 18:45:16 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/what-is-the-first-step-in-filing-for-bankrupt.html http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/i-want-to-know-if-i-qualify-for-bankruptcy-wh.html <p> Depending on the type of bankruptcy proceedings that you wish to file, there are different eligibility requirements that are set by federal law, and thus apply equally to all states.&nbsp; For instance, there are household income eligibility requirements for persons who wish to file Chapter 7 bankruptcy in order to completely discharge their debts.&nbsp; On the other hand, there are limitations on the types and amounts of debts that you can have if you are looking to file for Chapter 13 ba Bankruptcy FAQs Thu, 16 Dec 2010 18:00:41 GMT http://resources.lawinfo.com/en/legal-faqs/bankruptcy/federal/i-want-to-know-if-i-qualify-for-bankruptcy-wh.html http://resources.lawinfo.com/rss/en/legal-faqs/chapter-13-bankruptcy/index.html Free Chapter 13 Bankruptcy FAQs Bankruptcy Sub-categories Tue, 21 May 2013 10:00:30 GMT http://resources.lawinfo.com/rss/en/legal-faqs/chapter-13-bankruptcy/index.html http://resources.lawinfo.com/rss/en/legal-faqs/chapter-7-bankruptcy/index.html Free Chapter 7 Personal Bankruptcy FAQs Bankruptcy Sub-categories Tue, 21 May 2013 10:00:30 GMT http://resources.lawinfo.com/rss/en/legal-faqs/chapter-7-bankruptcy/index.html http://resources.lawinfo.com/rss/en/legal-faqs/bankruptcy/alabama/index.html Free Alabama Bankruptcy FAQs State specific Bankruptcy FAQs Tue, 21 May 2013 10:00:30 GMT http://resources.lawinfo.com/rss/en/legal-faqs/bankruptcy/alabama/index.html http://resources.lawinfo.com/rss/en/legal-faqs/bankruptcy/alaska/index.html Free Alaska Bankruptcy FAQs State specific Bankruptcy FAQs Tue, 21 May 2013 10:00:30 GMT http://resources.lawinfo.com/rss/en/legal-faqs/bankruptcy/alaska/index.html 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