Can I pay off my Chapter 13 bankruptcy plan early? When you enter into a Chapter 13 bankruptcy, you create a repayment plan that is approved by both the court and by the creditors. You can pay off your bankruptcy plan early, but whether it’s a good idea or not will depend on several factors. → Read More
Can I switch to a Chapter 7 bankruptcy after filing for Chapter 13? Yes, you can convert a Chapter 13 bankruptcy case to Chapter 7 bankruptcy at any time, for any reason, as long as you qualify for a Chapter 7 bankruptcy. You cannot avoid the qualifications for filing a Chapter 7 simply by converting a Chapter 13. → Read More
Debt Collector Calling Your Cell? You May Be Entitled to $1,500 Per Call Debt collectors who call you on your cell phone without your express written consent are violating the Telephone Consumer Protection Act (TCPA). When that happens, you may be entitled to $1,500 per unauthorized call. → Read More
What are the deadlines for filing a proof of claim with bankruptcy courts? A proof of claim tells the Bankruptcy Court how much a debtor owes a creditor at the time the bankruptcy case is filed. The proof of claim establishes what remedies, if any, you as a creditor will be afforded during a bankruptcy action. → Read More
Do I have to list all of my debts in my bankruptcy filing? When you file for bankruptcy, you must list all debts on the appropriate forms. Failure to do so can negatively affect your bankruptcy filing, in some cases resulting in the filing being dismissed and in other instances resulting in the debts you failed to list simply not being discharged. → Read More
Does a business bankruptcy cause a red flag on a later return filed with the IRS? When a person or business files for bankruptcy, there’s no evidence that it causes the IRS to look at their tax returns more carefully or examine them for fraud. While the question is often asked by those filing for bankruptcy, and it is, of course, possible that a person who filed may happen to get audited that year, there is no legitimate connection between the two. There are also no rules in the IRS code that would sensibly trigger such a connection. → Read More
Can I keep some of my credit cards if I have filed for bankruptcy? It may be possible to keep a credit card after your bankruptcy case is filed and/or discharged. Whether or not you may do this depends on what the credit card company is willing to do and on whether you have any money to put towards your debt. → Read More
How long is an automatic stay in bankruptcy? Filing for bankruptcy automatically protects the debtor by providing him with an automatic stay. An automatic stay means the debtor or debtors filing for bankruptcy are legally protected from creditors attempting to collect on what is owed to them. This automatic stay remains in effect, protecting the debtor, until the bankruptcy case is officially discharged, meaning it has gone through court and is considered official. → Read More
What happens to my civil lawsuit when the defendant files for bankruptcy? The defendant’s bankruptcy acts as an automatic stay of any civil lawsuit against him in every court or administrative agency. Ordinarily, the defendant’s attorney will file a Suggestion of Bankruptcy that alerts the court and other parties to this fact. → Read More
Can utility companies shut off service during bankruptcy? A utility company may not shut off service solely because you file bankruptcy or because you owe them money at the time you file bankruptcy. However, if you or the bankruptcy trustee does not give them an adequate deposit or other assurance of payment within 20 days after filing, the Bankruptcy Code allows them to shut off service. → Read More
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