|Posted on October 16, 2019 at 4:55 PM|
The reason people file for bankruptcy is to be discharged from paying debts. Certain debts, however, cannot be discharged. A bankruptcy filer cannot be discharged from taxes, court fines and criminal restitution, personal injury judgments if caused by drunk driving or under the influence of drugs, child support or maintenance to a former spouse if ordered by a court, and most student loans.
No debt will be discharged that was incurred after the bankruptcy filing date. A debt not listed within the bankruptcy petition might not be discharged unless the petition is amended to include that debt.
A bankruptcy judge can deny a discharge if the judge finds dishonesty in connection with the case, such as fraudulently hiding or transferring property, falsifying income records, or disobeying a court order.
A secured debt can be discharged but the creditor has the right to take the collateral.
Hopefully, this information will help you determine whether or not filing for bankruptcy relief is in your best interests. If you have more questions, please call the office of William K. Thomas at 618-544-8425.
|Posted on April 30, 2019 at 10:55 AM|
Bankruptcy is a federal proceeding and is not filed in the county courthouse. When you decide that bankruptcy is best for your situation, you will choose, with the help of Mr. Thomas, which bankruptcy chapter best meets your needs.
Chapter 7 – Your unsecured debts are discharged by the bankruptcy court. A trustee is appointed to oversee your case. Any property with value that exceeds the statutory exemption will be sold to pay your creditors. In most cases, all of your property will be exempt, and you should talk to Mr. Thomas to determine if your property falls within the allowed exemption limit.
Chapter 13 – The trustee that is appointed to your case collects payments from you and pays your creditors according to a repayment plan approved by the bankruptcy court.
Chapter 12 – Very much like a Chapter 13 but is available only for farmers and fishermen.
Chapter 11 – Also very similar to Chapter 13 designed for businesses.
|Posted on August 14, 2018 at 11:45 AM|
Q: Will everyone know that I have filed for bankruptcy?
A: Unless you are a prominent person in the community, no. Bankruptcy filings do not appear in the newspaper.
Q: When I file Chapter 7, will all of my debts be wiped out?
A: Unsecured debts, such as credit cards and medical bills will be discharged. Student loans cannot be discharged. Secured debts, such as automobiles, real estate, usually jewelry and furniture, must either be reaffirmed, or you can surrender such property to the creditor and be discharged from any remaining debt.
Q: Will I lose everything I have?
A: Exemptions may protect many of your assets, such as your residence or your automobile. Call us with your specific question and we will ask the right questions to determine if the exemptions fit your situation.
Q: How often can I file for bankruptcy?
A: Once every eight years.