When you file for bankruptcy, the “automatic stay” goes into effect immediately and halts nearly all collection attempts against the person filing for bankruptcy. Once your Chapter 7 or Chapter 13 bankruptcy is filed, your landlord may not proceed with an eviction attempt under certain circumstance.
However, more than likely, your landlord will file a motion to [...]
Boston Bankruptcy Attorney Answers Chapter 7 & 13 Bankruptcy Questions
Category Archives: Chapter 13
What is the effect of bankruptcy on eviction proceedings?
Can I be discriminated against by my employer because I filed for bankruptcy?
Many people ask whether they can lose their job if their employer finds out that they filed for bankruptcy or if they can be discriminated against when they apply for jobs because of the bankruptcy filing. 11 U.S.C. Section 525 of the bankruptcy code prohibits the termination or discrimination with respect to employment solely because the [...]
Are there debt limits in a bankruptcy?
A Chapter 7 bankruptcy has no debt limit on the total debt involved. As for Chapter 13 bankruptcy filings, since 2007 the limit of debt has been $1,010,650 in secured debt, and $336,900 in unsecured debt. But on April 1, 2010, those debt limits increased accordance with the Consumer Price Index increase which has occurred over the past 3 years. The [...]
Is bankruptcy information public information?
The information contained in documents filed in bankruptcy cases are a matter of public record. These documents can be accessed in the Clerk’s Office during business hours. Unless the document is sealed, all pleadings filed in a bankruptcy are available for the public to view. In addition, credit reporting agencies regularly collect and disclose bankruptcy data to the [...]
May I convert my case from one chapter under the Bankruptcy Code to another?
Yes, a debtor, or any other party in interest, will be able to file a motion to convert the case to any other chapter under which the debtor will be eligible to be a debtor. The Bankruptcy Court may deny the conversion depending on the circumstances of the particular case.
What is the meeting of creditors?
The ‘meeting of creditors’ is held in every Bankruptcy case. The debtor is required to attend this meeting and this is usually the only meeting or hearing that the debtor is required to attend. It is important that the debtor attends the meeting of creditors because if he or she fails to appear, the trustee or representative [...]
What is a fraudulent transaction and how will it affect my bankruptcy?
A fraudulent transaction can occur when the debtor transfers property with the intent to hinder, delay, or defraud his or her creditors. Actual fraud requires proof of intent from the person challenging the transfer. It can also occur when property is transferred for an unreasonably equivalent value without regard to the debtor’s actual intent. Rather the [...]
What is a discharge in bankruptcy?
A “discharge” in bankruptcy means that you are legally free from paying certain debts. This means that the creditors will no longer have a right to collect the money that was owed to them. This is not temporary but a permanent order prohibiting the creditors from taking any action to collect debts, including communicating with the debtor, [...]
What If I Do Not Agree with an Order That Was Entered in My Bankruptcy Case?
There are 2 options for when one does not agree with an order that was entered in their bankruptcy case. The first option is a motion to reconsider the order that may be filed with the Bankruptcy Court. The second option is to appeal the order. However, both of these options have a deadline. The deadline for taking either [...]
What Different Types of Bankruptcy Should I Consider?
There are four types of bankruptcy cases that can be considered:
Chapter 7: This is known as the “liquidation” bankruptcy which requires a debtor to give up property which exceeds your “exemptions” in order to pay off your creditors.
Chapter 11: This is known as a “reorganization” and it is used for businesses and few individuals whose debts [...]
