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  • What Are The Filing Fees For Chapter 7 and Chapter 13 Bankruptcy?

    Posted by | Posted in Chapter 7 on Friday, December 19th, 2014

    Once step in the process of bankruptcy, specifically related to chapter 7 and chapter 13, are the filing fees. Knowing these fees are important, but for chapter 7 bankruptcy, it’s important to first determine whether you actually qualify for it. You can make this determination by completing the Chapter 7 Means Test for your county […]

  • Student Loans in Bankruptcy at Mount Suribachi, Iwo Jima

    Posted by | Posted in Scams, Student Loans and Bankruptcy on Friday, July 25th, 2014

    are desperate to find a remedy for their student loan problems. It’s near impossible to obtain a discharge of a student loan in Bankruptcy Court due to the ‘Brunner Test’. Passing the ‘Brunner Test’ in order to prove a hardship is more difficult than the Marines raising the flag at Mount Suribachi during the Battle […]

  • How Can I Find Out To Whom I Owe Money

    Posted by | Posted in Connecticut Bankruptcy Summaries on Wednesday, July 16th, 2014

    This is a good question, and it’s one that needs to be answered and resolved when it comes to filing bankruptcy. Please not that this information is only for my clients in Connecticut for reasons which will be laid out below, but there are still many tips in this article that one can take to […]

  • If I File Bankruptcy Will Creditors Stop Calling?

    Posted by | Posted in Consumer Rights on Wednesday, June 25th, 2014

    In all my years of providing bankruptcy services, the one question I’m happy to answer yes to is “will filing bankruptcy stop the harassing phone calls?’. Filing bankruptcy absolutely does stop the creditor phone calls. There are two laws which pertain to phone calls from creditors, There’s the Federal Fair Debt Collection Practices Act (FDCPA), […]

  • Some Of The Top Reasons People File Bankruptcy

    Posted by | Posted in Bankruptcy Information on Tuesday, June 24th, 2014

    What are the top reasons that people file for bankruptcy? Divorce, car accidents, losing a job, under employment, gambling and shopping addictions, shipping bills and mismanagement of credit cards are all some of the top causes for filing bankruptcy. Most people know, but do not believe we are all a bubble away from a health […]

  • A Fresh Start – Improving Your Credit Score After Bankruptcy

    Posted by | Posted in Credit Improvement on Thursday, June 12th, 2014

    Most attorneys are taught in law school that if someone files for bankruptcy protection, they can achieve a fresh start, and therefore so many of the ads we see by attorneys will state just that “file bankruptcy for a fresh start” but after many years of practice I have found that this statement is only […]

  • What Exactly Is Bankruptcy?

    Posted by | Posted in Bankruptcy Information on Friday, June 6th, 2014

    Historically bankruptcy is found in the bible, in chapter 15, in the book of Deuteronomy. Is says that at the end of every 7 year period, “you shall have relaxation of debts, which should be observed as follows:” every creditor shall relax his claim on what he has loaned his neighbor he must not press […]

  • Double Standards In Bankruptcies

    Posted by | Posted in Bankruptcy, Consumer Rights on Monday, May 5th, 2014

    DOUBLE STANDARDS IN BANKRUPTCIES was the headline which was recently published my the New York Times as an Editorial , April, 2014. The Editorial Board pointed out that the bankruptcy of the City of Detroit in Chapter 9 exposed this double standard. The pensioners payments from the City of Detroit are guaranteed under the Michigan Constitution, […]

  • Home Loan Servicers Must Cooperate With Homeowners

    Posted by | Posted in Bankruptcy Advice on Sunday, April 27th, 2014

    Fortunately, new foreclosure rules mandate that home loan servicers must cooperate with homeowners to seek loss mitigation options before foreclosing on your home. Why? For many Americans, a small financial hiccup can cause big trouble and a few missed mortgage payments can spell disaster. To take advantage of this “forced” cooperation, you must understand the process […]

  • What Is A Chapter 13 Co-Debtor Stay?

    Posted by | Posted in Chapter 13 on Sunday, April 13th, 2014

    When a debtor files a bankruptcy case, the automatic stay is triggered. The automatic stay is a temporary court injunction that stops collection actions against a debtor. The automatic stay is invoked immediately upon filing the case by the federal Bankruptcy Code – no hearing is necessary and no judge’s signature is required. The automatic […]

  • Pros And Cons Of Reaffirming A Vehicle Loan During Bankruptcy

    Posted by | Posted in Bankruptcy Advice on Friday, April 4th, 2014

    ONCE UPON A TIME, many bankruptcy debtors lived in a land of golden sunshine. In that land, at that time, Chapter 7 debtors were not obligated to reaffirm a secured loan in order to keep a vehicle. The debtor’s personal liability was washed away by the Chapter 7 discharge, and only the lien against the […]

  • When Are You Ineligible for Chapter 7 Bankruptcy Discharge?

    Posted by | Posted in Bankruptcy Advice, Chapter 7 on Monday, March 24th, 2014

    Just mentioning Section 727 of the Bankruptcy Code makes debtor attorneys cringe and bankruptcy trustees puff out their chests. This section deals with the discharge in a Chapter 7 case and is referred to when discussing a “total denial of discharge.” Very scary stuff. Section 727 is simply entitled “Discharge,” and its provisions only apply […]

  • Help With Choosing Exemptions In Bankruptcy

    Posted by | Posted in Bankruptcy Information, Exemptions on Sunday, March 2nd, 2014

    Exemptions play a large part in bankruptcy and knowing what they are and how they work is important to your case. Although your attorney takes care of working out this part of your case, it’s with your help that you get the protection you need. Exemptions play a part in other legal areas but today […]

  • Why Did The Chicken Cross The Road? To File Bankruptcy?

    Posted by | Posted in Bankruptcy on Tuesday, February 18th, 2014

    Have you ever wondered why the chicken crossed the road? We were under the impression it was to file bankruptcy, but by the looks of it, we might be wrong. So just to make sure, we did our research and put together a list of famous people and their answers to the famous question “why […]

  • What Happens to my Tax Refund in Bankruptcy?

    Posted by | Posted in Bankruptcy Advice, Consumer Bankruptcy on Tuesday, February 18th, 2014

    During the first part of any year, personal bankruptcy filings become more interesting due to income tax refunds. Most people never think about it, but your tax refund accrues during the year. The amount that you are owed, and, consequently, the amount the bankruptcy estate is entitled to receive, is a percentage based on the […]

  • Properly Selling Property Before Filing Bankruptcy

    Posted by | Posted in Consumer Bankruptcy, Exemptions on Sunday, February 16th, 2014

    Anyone going through bankruptcy would like sound advice on dealing with the sale and proceeds of property they own. Read on to find information on how to properly handle the sale of your property and help your bankruptcy case move along smoothly. Let’s start with your non-exempt equity Non-exempt equity in a Chapter 7 bankruptcy […]

  • Can You Get A Discharge For A Drunk Driving Debt? Read This To Find Out

    Posted by | Posted in Bankruptcy Advice, CT Bankruptcy on Monday, February 3rd, 2014

    Have you been ordered to pay restitution for a debt that was the result of drunk driving and want to know if the debt can be discharged in bankruptcy? The answer to your question in this regard isn’t an easy one. This article looks at some sections of the Bankruptcy Code that pose stumbling blocks to […]

  • Beware the IDES of Student Loans

    Posted by | Posted in Consumer Rights, Debtor Rights on Sunday, January 5th, 2014

    Recently The Day ran a column on the front page about student loans. The journalist, Natalie Kitroeff, wrote for the New York Times, “Aggressive action of agency that monitors student loans faces scrutiny’. In the article Natalie introduced us to Stacy Jorgensen who had pancreatic cancer and couldn’t have her student loans discharged in bankruptcy […]

  • Can Bankruptcy Can Stop A Wage Garnishment?

    Posted by | Posted in Bankruptcy Advice, Consumer Rights on Friday, January 3rd, 2014

    One of the most common economic events that will push a person into filing bankruptcy is a wage garnishment. An individual’s financial situation is often in some sort of disarray by the time he or she meets with an attorney and decides to file bankruptcy. By then the bankruptcy case may contain a repossession, foreclosure […]

  • Can I Go to Jail for Not Paying My Debts or Child Support?

    Posted by | Posted in Bankruptcy Advice on Sunday, December 29th, 2013

    No reasonable person wants to go to jail, especially for failing to pay debts or child support but the fact is it can happen, and it can be avoided too. The great Victorian writer Charles Dickens wrote extensively on the grim social iniquities of his time. Meet the Debtor’s Prison Thankfully the debtor’s prison doesn’t […]

  • The New Bankruptcy Reform Act: The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCAP)

    Posted by | Posted in Consumer Bankruptcy on Thursday, December 26th, 2013

    The New Year is fast approaching and It’s time for a review or retrospective of the new Bankruptcy Code which was enacted in 2005. The official title to the New Code is: “Bankruptcy Abuse Prevention and Consumer Protection Act” or ‘BAPCPA’ for those who are familiar with the term. Let’s start at the beginning. This […]

  • How And Can I Keep My Home in Bankruptcy?

    Posted by | Posted in Bankruptcy, Bankruptcy Advice on Sunday, December 22nd, 2013

    There are a lot of questions surrounding what will happen to your home when going through bankruptcy and the following information will give you plenty of the clarification you’re looking for. Our home is generally one of our greatest assets, and a home is certainly not something you want to give up because you’re having […]

  • Do You Need A Bankruptcy Attorney In Waterbury To Fend Off Creditors?

    Posted by | Posted in CT Bankruptcy on Tuesday, December 10th, 2013

    The head office of Action Advocacy PC is in Groton on 1 Crouch St. but we extend our bankruptcy services to Waterbury residents as well. Attorney Dave Falvey is a long standing force in the Connecticut bankruptcy courts with over 25 years experience in bringing bankruptcy cases to a happy ending. Although our office is […]

  • What Is The Good Faith Requirement in Bankruptcy?

    Posted by | Posted in Bankruptcy Information on Tuesday, December 10th, 2013

    When it comes to bankruptcy, it’s important to take an honest approach and prove to the courts that you’re acting in good faith. A recent example of how good faith comes into play is when pensioners and other creditors challenged the City of Detroit’s eligibility to file a Chapter 9 bankruptcy case and reorganize its […]

  • What Happens To Property Received Within 180 Days of Filing Bankruptcy?

    Posted by | Posted in Bankruptcy, Chapter 13, Chapter 7 on Sunday, December 8th, 2013

    What happens to property that you’ve received 180 days before filing bankruptcy? Property that you’re entitled to receive prior to a bankruptcy filing is property of the bankruptcy estate, even if the property does not actually come into your custody or control until a later date. An income tax refund is the most common example […]

  • Lien Stripping a Home Mortgage in Chapter 7 and 13

    Posted by | Posted in Bankruptcy Advice on Thursday, December 5th, 2013

    When it comes to bankruptcy, many clients question whether you can get rid of a second mortgage. Well in some cases you can through lien stripping which removes the second mortgage lien on your home. Read on for more information. Section 506(a) of the Bankruptcy Code separates the debtor’s obligations into two general categories or […]

  • What Is a Chapter 7 Bankruptcy Statement of Intent

    Posted by | Posted in Chapter 7 on Wednesday, December 4th, 2013

    Section 521 of the Bankruptcy Code requires a Chapter 7 bankruptcy debtor to file a “statement of his intention with respect to the retention or surrender of such property and, if applicable, specifying that such property is claimed as exempt, that the debtor intends to redeem such property, or that the debtor intends to reaffirm […]

  • The Supreme Court’s Decision Guides Debtor Exemptions

    Posted by | Posted in Bankruptcy Information on Monday, December 2nd, 2013

    Lost Appreciation in Chapter 7 Bankruptcy In the United States Supreme Court case of Schwab v. Reilly, 130 S. Ct. 2652 (2010), the Court turned the bankruptcy world’s understanding of debtor exemptions on its head. The Court held that when a debtor ascribes a dollar value to property of the bankruptcy estate and claims an […]

  • Learn About Consumer Versus Non-Consumer Debts in Bankruptcy

    Posted by | Posted in Bankruptcy, Consumer Bankruptcy on Sunday, November 24th, 2013

    When filing for bankruptcy, it’s important to understand the difference between a consumer and non-consumer debt. Having this information in order will help you be prepared for what to expect at your bankruptcy hearing. The classification of a debt as a consumer or a non-consumer debt can have a significant impact on an individual’s bankruptcy […]

  • Bankruptcy Exemptions And And How They Work

    Posted by | Posted in Bankruptcy, Bankruptcy Information on Tuesday, November 12th, 2013

    Retaining property during bankruptcy is usually a matter of calculating equity in your property and applying legal exemptions. Equity is the difference between the amount you owe on the property and its fair market value. For instance, if you own a Ford vehicle worth $10,000, and you owe Ford Motor Credit $2,000, then you have […]

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