The Automatic Stay In Bankruptcy
The instant bankruptcy is filed, for either Chapter 7 or Chapter 13, a protective umbrella called the automatic stay is triggered which protects the debtor and the debtor’s property against the continuance of any action by any creditor. For example, the automatic stay would protect and STOP a pending foreclosure. Additionally, when filing a Chapter […]
What is the Meeting of Creditors?
Between thirty (30) and forty (40) days after filing your bankruptcy petition, the randomly assigned Chapter 7 Trustee will hold a meeting of creditors. During this meeting, the debtor is placed under oath and the Chapter 7 Trustee along with any creditors that attend may ask questions regarding your bankruptcy petition. You MUST attend this […]
The Chapter 7 Discharge
The goal of any bankruptcy proceeding is to obtain a discharge of debts. A discharge releases the debtor from personal liability from most debts and prevents creditors from taking any collection action against you. Nonetheless, there are many exceptions to receiving a discharge in a bankruptcy proceeding. Therefore, debtors should consult competent legal counsel before […]