Drunk Driving Liability

Here’s another important public policy issue that gave rise to an exception to the bankruptcy discharge. If you injured or killed someone while you where driving intoxicated, you cannot discharge any debts resulting from the injuries or deaths you caused. This includes driving while under the influence of illegal drugs. A Chapter 13 wont help you here, because these debts are exempted from discharge in Chapter 13 as well as Chapter 7. But any debts you owe due to property damage you caused while driving intoxicated can be discharged.

If you have fallen behind on your bills and are being harassed by creditors contact a Stockton bankruptcy lawyer Tom Conlon at (209) 475-0499 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong, Stockton Bankruptcy Lawyers
1151 West Robinhood, Suite C8
Stockton, CA 95207
(209) 475-0499

Lawsuits During Your Bankruptcy Case

There are several other types that can be declared nondischargeable, but this only by a bankruptcy court order. In these cases, the creditor will have to file a lawsuit in your bankruptcy and produce evidence as to why the debt should not be discharged.  If the creditor doesn’t file the lawsuit before the bar date (sixty days after Meeting of Creditors), the debt will be discharged with the other in your bankruptcy. The automatic stay does put a stop to regular lawsuits in progress  as soon you file your bankruptcy petition, and the stay blocks any new suits during the time it is in force. However, there are other kinds of legal actions, known as “adversary proceedings,” that are lawsuits in the bankruptcy court where your case is filed. These lawsuits can go on even after the automatic stay is in place if they are related to your bankruptcy case. Creditors can prevent certain kinds of debts from being discharged by initiating an adversary proceeding. These kinds of debts include the following:

  • Debts incurred by fraud, under false pretenses, or through false financial statements.
  • Debts due to willful or malicious injuries you can cause.
  • Some kinds of marital debts.

If you have fallen behind on your bills and are being harassed by creditors contact a Stockton bankruptcy attorney Tom Conlon at (209) 475-0499 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong, Stockton Bankruptcy Lawyers
1151 West Robinhood, Suite C8
Stockton, CA 95207
(209) 475-0499

Unlisted Debts

Suppose you filed your bankruptcy and got your discharge. Then six months later, you got a letter from a collection agency on an old hospital bill you forgot about, threatening to sue you if you don’t pay up. Too late? Maybe. This debt may not be discharged, because the creditor didn’t get notice of your bankruptcy. If you neglected to list the correct name and address of this creditor on your schedules and mailing matrix, the court couldn’t have mailed them the notice. You might be saved if you can prove that you gave other notice to the creditor, such as by telephone or better yet, in writing. No such luck? You just completely forgot about this creditor until they contacted you? Talk to your bankruptcy attorney, who can advise as to whether the courts in your district may discharge the debt anyway, or who may be able to reopen your case to include the creditor. Unfortunately, the error will probably cost you filling fees and attorney’s fees above your original filing, but will save you the amount owed.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy lawyer Auburn CA Tom Conlon at (530) 887-8100 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong, Auburn CA Bankruptcy Lawyers
701 High Street, Suite 201
Auburn, CA 95603
(530) 887-8100

Credit Repair

To repair your credit, you need to show lenders that it is safe to lend you money again. You should begin this process as soon as your bankruptcy case is over (right after the discharge in a Chapter 7 case, and after the repayment plan ends in a Chapter13). You can do many things to show you are now a good risk, but one thing you must do is make sure that your credit reports are accurate. Nothing you can do to improve lender confidence will mean much if your credit reports still show lots of overdue bills.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy lawyer in Auburn CA Tom Conlon at (530) 887-8100 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong, Auburn CA Bankruptcy Lawyers
701 High Street, Suite 201
Auburn, CA 95603
(530) 887-8100

Prevent Foreclosure of Repossession

Filing a Chapter 13 bankruptcy can prevent creditors from foreclosing on your house or repossessing your car, and this is a common reason people file Chapter 13. The automatic stay stops such actions, at least temporarily. If you are facing a foreclosure or repossession, you have several options in a Chapter 13 to save yourself from ending up out on the street or walking to work. It’s crucial to talk to a bankruptcy attorney as soon as you get into trouble, though. It will usually be too late once the sale has been completed. I’m often surprised at how many people let the problem go this long before seeking professional help. The sooner you start working on your bankruptcy solution, the less likely you are to lose your property.

In addition to the opportunities you have to turn secured debts into unsecured debts, a Chapter 13 bankruptcy also has several special methods for dealing with secured debts that may make this option more attractive to you.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy attorney in Auburn CA Tom Conlon at (530) 887-8100 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong, Auburn CA Bankruptcy Lawyers
701 High Street, Suite 201
Auburn, CA 95603
(530) 887-8100

Keep Nonexempt Property

In a Chapter 7 bankruptcy, you could lose property that is very important to you. This could happen if the property doesn’t fit into one of your states exemptions, in which case it would be sold by the bankruptcy trustee to generate money to pay to your creditors.

In a Chapter 13 bankruptcy, you get to keep your nonexempt property. You’ll have to pay for it, and you’ll have to follow all the rules of a Chapter 13 bankruptcy, but you’ll get to keep the property. This is particularly good news if you’re trying to keep your home equity out of the hands of your creditors.

If you have fallen behind on your bills and are being harassed by creditors contact a Auburn CA bankruptcy attorney Tom Conlon at (530) 887-8100 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong, Auburn CA Bankruptcy Lawyers
701 High Street, Suite 201
Auburn, CA 95603
(530) 887-8100

Advantages of Chapter 13 Bankruptcy

Its not the quick and painless fix of a Chapter 7 bankruptcy, but a Chapter 13 bankruptcy has several advantages over Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you can do the following:

  • Discharge certain non dischargeable debts
  • Keep nonexempt property
  • Prevent foreclosure or repossession

If you have fallen behind on your bills and are being harassed by creditors contact a Auburn CA bankruptcy lawyer Tom Conlon at (530) 887-8100 to see if you qualify to file bankruptcy and get a new fresh start.

Handle Non Dischargeable Debts

You may have some debts that won’t go away in a Chapter 7 bankruptcy. Taxes that are less than three years old would remain your responsibility after other unsecured debts are discharged in the bankruptcy. But in a Chapter 13 bankruptcy, you can arrange a repayment plan that allows a full discharge of those debts.

Some of the other non dischargeable debts may also be discharged in the Chapter 13 bankruptcy under what is known as the “superdischarge”. If you successfully complete your confirmed plan requirements, those debts will be discharged in full.

If you have fallen behind on your bills and are being harassed by creditors contact a Auburn CA bankruptcy lawyer Tom Conlon at (530) 887-8100 to see if you qualify to file bankruptcy and get a new fresh start.

Conlon & Fong
Auburn Bankruptcy Lawyers
701 High Street, Suite 201
Auburn, CA 95603
TEL: (530) 887-8100

 

Does My Spouse Have To File

Does your spouse have to file bankruptcy if you file? No. Should your spouse file bankruptcy is you file? Maybe.

A lot depends on your situation. Are you both liable on the debts? If only one spouse is liable on all or most of the debt, then the debtor spouse can file individually, leaving enough income to pay the debts of one spouse and keeping their credit rating higher. If both of you are jointly liable on all or most debts, you should probably file together, since the attorney fees and filing fees are usually about the same whether you file jointly or individually.

If you are lucky enough to live in a community property state, only one spouse need file the bankruptcy to get rid of all the community debts. Community debts are all the debts incurred by either by either spouse during the marriage. So your solo filing can discharge your spouse’s debts, too without the necessity of that spouse’s filing.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy lawyer in Sacramento Tom Conlon at (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.

Your Credit History: The Fair Credit Reporting Act

When you apply for a loan (or an apartment, insurance, or some jobs), your credit history will be checked to determine whether you are “creditworthy.” A credit reporting bureau compiles information from various sources – stores where you have charge accounts, the bank where you have your car loan or bank charge cards, and the like – and puts together a credit report on you. A credit report essentially is a list of your current and previous loans, credit cards, and other debts, and your record of paying them. The date each loan was made or each charge account opened is listed, as are the initial loan amounts or credit limits and the current balances of each loan or credit account. The amount of the monthly payment and other terms are shown also. Most important to the prospective lender and your credit rating are any delinquencies, including missed payments, past due accounts, whether a company has ever written off a loan, whether you have been arrested or sued, and whether you have filed for bankruptcy.

If you have fallen behind on your bills and are being harassed by creditors contact a Sacramento bankruptcy attorney Tom Conlon at (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.

What rights do you have if your application is denied because your file at the credit bureau is incomplete or contains inaccurate information that indicates you are a bad credit risk? The Fair Credit Reporting Act protects consumers from having inaccurate, incomplete, and obsolete information about their credit histories circulated. Under the Fair Credit Act, a credit report is called a “consumer report”, and the credit agency that furnishes the report is a “consumer reporting agency”. The Fair Credit Reporting Act mandates that bad credit marks – “negative information” – can be kept on file no more than seven years, except bankruptcy, which can be reported for up to ten years. It also requires credit reporting agencies to adopt fair standards for gathering, maintaining, and reporting information concerning your credit. The Fair Credit Reporting Act applies only to consumer credit and insurance, and does not cover commercial credit or business insurance.

If you have fallen behind on your bills and are being harassed by creditors contact a Sacramento bankruptcy lawyer Tom Conlon at (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.

Lawsuits: The Ultimate Form of Debt Collection

If you don’t respond to collection attempts or can’t work out repayment agreement with the creditor, the creditor may sue you. Unless you have a good excuse – for instance, the product you bought with the loan fell apart as soon as you got it home – there’s not much you can do to defense the lawsuit. If you ignore the lawsuit – and many people do in this type of case – the creditor will ask the court to enter a default judgment against you.

If you have fallen behind on your bills and are being harassed by creditors contact a Citrus Heights bankruptcy attorney Tom Conlon at (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.

After a judgment is entered against you, your creditor (who is not your “judgment creditor”) will try to collect the judgment. If you pledged anything as collateral, the judgment creditor will get this if it hasn’t already. The judgment creditor also can get at your bank account and other assets. Some property is exempt up to a certain amount: your house; a car (unless its security for the loan); your business tools; personal household goods; and life insurance and retirement proceeds, to name a few.

If you have fallen behind on your bills and are being harassed by creditors contact a Citrus Heights bankruptcy lawyer Tom Conlon at (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.

The judgment creditor may be able to garnish up to 25 percent of your wages; rather than paying the money to you, your employer pays it directly to the judgment creditors until the amount of the judgment and costs of collection are paid off.

If you have fallen behind on your bills and are being harassed by creditors contact a bankruptcy lawyer in Citrus Heights Tom Conlon at (916) 971-8880 to see if you qualify to file bankruptcy and get a new fresh start.