Bankruptcy Procedures
If you plan to file for bankruptcy, take the time to learn about the bankruptcy process before you jump in. Start by reviewing the steps in a typical bankruptcy case for both Chapter 7 and Chapter 13. Then learn about important bankruptcy procedures, protections, and requirements, like the credit counseling requirement, the powerful automatic stay, the creditors' meeting, the Chapter 13 confirmation hearing, and the role of the bankruptcy trustee. You can also find information on converting from one chapter of bankruptcy to another, what happens if creditors challenge certain aspects of your bankruptcy, and more.
An Overview of How Your Bankruptcy Case Will Proceed
An Overview of How Your Bankruptcy Case Will Proceed
-
Objections to the Bankruptcy Discharge
A creditor or the trustee can object to the discharge of one or all of your debts in bankruptcy.
-
Types of Creditor Claims in Bankruptcy: Secured, Unsecured & Priority
Learn about secured, unsecured, and priority debts in bankruptcy.
-
Bankruptcy Case: Dismissed Without Prejudice
If the court dismisses your Chapter 7 or Chapter 13 bankruptcy case without prejudice, you can refile your case right away.
-
When Does My Chapter 7 Bankruptcy Case End?
Your Chapter 7 case does not end when you get your discharge. You may have a continuing duty to cooperate with the court to administer any nonexempt property.
-
Objecting to a Chapter 13 Motion to Dismiss
Learn how to oppose a Chapter 13 motion to dismiss and stay in bankruptcy.
-
Adversary Proceedings in Bankruptcy
Learn about adversary proceedings in bankruptcy.
-
Losing the Automatic Stay for Repeat Bankruptcy Filings
If you file for bankruptcy more than once in a year, the automatic stay lasts only 30 days or in some cases doesn't kick in at all.
-
How Bankruptcy Stops Your Creditors: The Automatic Stay
When you file for bankruptcy, something called the automatic stay immediately stops any lawsuit filed against you and most actions against your property by a creditor, collection agency, or government entity. Especially if you are at risk of being evicted, being foreclosed on, being found in contempt for failure to pay child support, or losing such basic resources as utility services, welfare, unemployment benefits, or your job (because of a raft of wage garnishments), the automatic stay may provide a powerful reason to file for bankruptcy.
Avoiding (Getting Rid of) Liens in Chapter 7 Bankruptcy
MoreAvoiding (Getting Rid of) Liens in Chapter 7 Bankruptcy
-
A judgment lien is created when someone wins a lawsuit against you and records the judgment against your property.
-
Getting Rid of Judgment Liens in Bankruptcy
You may be able to get avoid (get rid of) judgment liens in Chapter 7 bankruptcy.
-
The Role of the Bankruptcy Trustee in Chapter 7
The Chapter 7 bankruptcy trustee has many responsibilities in your Chapter 7 case. The Chapter 7 trustee is responsible for reviewing the bankruptcy petition and supporting documents for accuracy and potential fraud, checking your identification, examining you, and selling property for the benefit of your creditors. Find out when you should contact the Chapter 7 trustee and how contacting the trustee can help you resolve issues before they become problematic.
-
The Role of the Bankruptcy Trustee in Chapter 13
The Chapter 13 bankruptcy trustee will review your documents and repayment plan, oversee the 341 meeting of creditors, and distribute repayment plan funds.
-
What Is a Proof of Claim in Bankruptcy?
Information about proofs of claims in Chapter 7 and Chapter 13 bankruptcy, and whether you can object.
-
Types of Creditor Claims in Bankruptcy: Secured, Unsecured & Priority
Learn about secured, unsecured, and priority debts in bankruptcy.
-
Bankruptcy Case: Dismissed Without Prejudice
If the court dismisses your Chapter 7 or Chapter 13 bankruptcy case without prejudice, you can refile your case right away.
-
What Is the Difference Between a Bankruptcy Dismissal and Discharge?
Find out whether your qualifying debts were discharged after your case closed.