Articles

You have probably heard that it is very important to review your bankruptcy pleadings to ensure that they are true and correct. But, what happens if you later discover a mistake? You should immediately notify your bankruptcy lawyer. If your case is still pending, he or she can take action to correct the error. Even if you case has been closed and you received a discharge order, it may still be possible to reopen your filing and cure…Read More

If you have missed several mortgage payments and your mortgage lender is threatening to foreclose on your home (or a foreclosure lawsuit has already been filed), it is important to consider all of your debt relief options. Filing a personal bankruptcy is a common way homeowners try to avoid losing their home in a foreclosure action. The two main types of bankruptcy cases filed by individuals are Chapter 7 and Chapter 13. Each type has its advantages and…Read More

If you have filed a Chapter 13 bankruptcy case and you are struggling to make your plan payments, you may want to consider converting your case to a Chapter 7. The conversion procedure is usually simple – your lawyer files a Notice of Conversion and pays any required fees. Once this is accomplished, your case will be converted to a Chapter 7 within several days. When your filing has been converted to a Chapter 7, the new trustee…Read More

One of the main benefits of filing for bankruptcy protection is the automatic stay. The automatic stay protects the debtor from continued collection efforts while the bankruptcy case is pending. When you file a Chapter 13 case, there is also a “co-debtor stay” that protects your family member, friend or other party who co-signed loans with you. The co-debtor stay is not available in a Chapter 7 filing. The co-debtor stay protects your co-borrowers from collection efforts while…Read More

It is imperative for all adults to have a living will or health care surrogate (HCS). But, if circumstances in your life change, it is important to understand that you can change your previous written wishes. You will hold the power to ultimately make your health care decisions, even altering your health care documents. If you wish to change your health care documents, below are a few ways they can be terminated: Revoking your documents. Revoking your health…Read More

Filing a Second Bankruptcy[/caption]If you are struggling with debt and you want to file a personal bankruptcy, but you have previously filed for bankruptcy protection, it is important to understand how it will impact you. The law allows an individual to file multiple bankruptcy cases, but there are limitations on when the second or third case can be filed. Your ability to file a subsequent bankruptcy case depends on the type of case you filed initially and whether…Read More

If you are delinquent on paying your loans or bills and a creditor has obtained a court judgment against you, it is important to determine whether your creditors have placed judgment liens against your real property. A judgment lien is a collection tool that only judgment-creditors can use to help ensure that they get paid what you owe them. If you decide to sell your property that has the judgment lien against it, the creditor will be paid…Read More

There are thousands of lawyers out there, so it can feel overwhelming to think about finding the right one to help you file your bankruptcy case. Below are a few important steps you should take in finding the right attorney: Research your options. The Internet provides you the opportunity to verify a lawyer’s credentials and experience. For example, you can search sites such as martindale.com, Avvo and the applicable state bar association website to determine whether the attorney…Read More

If you are facing financial troubles and considering filing for bankruptcy, it is important to understand that you are not alone. There are a variety of reasons people need debt relief, but the following are some of the most common causes of personal bankruptcies: Unemployment. The loss of a job or even a reduction in salary can cause serious financial struggles. If you and your family have cut back on your spending and you are still failing to…Read More

If you are planning to file for bankruptcy protection, you should be prepared to make full financial disclosures. There are several different initial pleadings that are required to be filed with the bankruptcy court. All debtors must list all of their assets, debts, income and expenses. Diane Anderson’s office can assist you with drafting the mandatory pleadings, but it is important that you gather all of your financial records for her to use in preparing the following Chapter…Read More