Category Archives: bankruptcy abuse

When the automatic stay doesn’t apply

In VERY RARE circumstances, ALL of your creditors can pursue you even if you file bankruptcy. Here is how to avoid those rare but dangerous circumstances.

Could you sue? List it in your bankruptcy papers.

You should always list potential claims, or potential lawsuits, that you have against someone else along with all of your other assets, because the law considers them to be assets and if you don’t list them, you could lose them forever.

Got real estate? Tell your bankruptcy attorney ASAP.

The first step to take when you are contemplating bankruptcy and you own some real estate.

Will I be able to keep anything when I file for bankruptcy?

Can you keep your property through a Chapter 7 bankruptcy? The short answer to this question is: Maybe. It depends on your situation.
This is what something called “exemptions” are for. The way I explain it to clients is this: When you file for bankruptcy, something called the “bankruptcy estate” is [...]

How to screw up your bankruptcy before it has begun

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Planning on transferring your largest asset to a relative just before filing for bankruptcy so that the bankruptcy court can’t get to it? As a bankruptcy lawyer, I must say – PLEASE DON’T. It’s a bad idea because it can really get you into trouble and it can [...]

How to choose which debts to list in your bankruptcy papers

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Which debts should you put in the bankruptcy and which ones should you leave out?
Answer: You are required to list all of your debts in your bankruptcy papers! It is a common notion that you are allowed to keep some debts out of your bankruptcy by not listing them [...]

How to recognize an abusive bankruptcy filing

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What is an abusive bankruptcy filing? When does a bankruptcy court consider a debtor’s Chapter 7 filing to be an abuse of the bankruptcy process?
A bankruptcy court will look at whether the person filing the bankruptcy acted in bad faith and at the entire circumstances surrounding the debtor’s financial situation.
A [...]