By Jeff Field | Published July 11, 2023 | Posted in Bankruptcy | Tagged Tags: abuse of process, attempted fraud, dismiss with prejudice | Leave a comment
Can You Refile for Bankruptcy After a Prior Case Is Dismissed?
Bankruptcy cases can be dismissed by courts for a variety of reasons. The reasons for the dismissal have a direct bearing on the debtor’s prospects for filing a new petition. A dismissal without prejudice allows the debtor to file a new case right away. A dismissal with prejudice generally requires the debtor to wait a Read More
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Pitfalls That Can Derail a Chapter 13 Bankruptcy
In a Chapter 13 bankruptcy, the debtor must partially repay certain unsecured debts over time according to a detailed court-approved plan. Although most debtors successfully fulfill their plan payments and receive a discharge of remaining debt, there are things that can cause a Chapter 13 to go askew. Creating a plan requires making projections of Read More
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How Moving to Another State Can Affect Your Bankruptcy
Although people may fear that they’ll lose much of their property if they file for bankruptcy, the reality is that debtors who opt for this remedy usually keep most of their assets. That’s because federal and state laws allow debtors to claim exemptions — namely, categories of property that are shielded from creditors. However, the Read More
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Bankruptcy Exceptions for Active and Veteran Military Members
People serving the armed forces sacrifice a great deal for their country, often at their own expense. Provisions of the bankruptcy code as well as other federal laws are in place to assist veterans and active service members with getting through tough financial times. The U.S. Bankruptcy Code includes special exceptions, some of which apply Read More
Read MoreAdversary Proceedings Over Objections to Discharge of Debts
Disputed issues in bankruptcy cases are sometimes resolved in an adversary proceeding. This is a case within the case and can be brought by the person filing for bankruptcy, by the trustee or by a creditor. A common type of adversary proceeding arises from creditors’ objections to discharge of certain debts on the grounds that Read More
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5 Common Mistakes to Avoid in Filing for Bankruptcy
Bankruptcy offers relief from most or all of your debts and allows you a fresh start in rebuilding your finances and credit rating. However, mistakes made prior to filing for bankruptcy can result in some or all of your debts not being discharged. In some cases, a mistake may even lead to the dismissal of Read More
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Using Bankruptcy for Relief from Medical Debt
Unpaid medical bills are among the most common types of debt for which people seek bankruptcy protection. Major medical debt accounts for 40 percent of bankruptcies. Such debt often results from a serious illness or health condition that requires hospitalization, surgery and/or other care. The costs can easily amount to tens of thousands of dollars, Read More
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What Happens if You Can’t Afford to Make Your Chapter 13 Payments?
In a Chapter 13 bankruptcy, you agree to pay off a portion of your outstanding debts over a designated period of time. But many things can happen during the three or five years that a Chapter 13 plan is in place. A job loss, severe illness or other unexpected calamity can disrupt even the best Read More
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Avoiding and Resolving Disputes Over Debt Discharges in Bankruptcy
In consumer bankruptcy cases filed under Chapter 7 or Chapter 13, creditors have the opportunity to object to discharge of debts for a variety of reasons. There are three major categories of discharge objections: underlying misconduct, bankruptcy fraud and misapplication of bankruptcy law. Most discharge disputes can be avoided if a debtor is honest and Read More
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Is it Possible to Keep Some of Your Nonexempt Property in Chapter 7?
In a Chapter 7 bankruptcy, the appointed trustee collects and sells part of the debtor’s assets and then distributes the proceeds to creditors. However, Chapter 7 debtors are not left entirely destitute. Assets that the debtor is allowed to keep are called exempt property. In addition, a Chapter 7 debtor may be allowed to keep Read More
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I had an excellent experience working with my bankruptcy attorney. From the very beginning, they were professional, knowledgeable, and compassionate. Filing bankruptcy can be overwhelming, but they took the time to explain every step of the process, ...
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I had a great experience using Jeff Field and Associates for filing my Bankruptcy. Everyone was very professional and helpful. Connie Adams was so knowledgeable and patient with all of my questions I’m so glad that I chose this law firm and would r...
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Great experience from start to finish. The process was smooth and stress-free, and Ms. Connie was amazing throughout—very helpful, professional, and supportive. I truly appreciate all the guidance and would highly recommend this firm.
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