by Devin Sawdayi | Aug 14, 2013
The purpose of bankruptcy, in many cases, is to help an individual get out of an unsustainable situation. The bankruptcy process may present challenges, including frugal living and the liquidation of assets, but it is generally preferable to the alternative of...
by Devin Sawdayi | Aug 12, 2013
Bankruptcy under Chapter 7 or Chapter 13 gives a debtor the opportunity to discharge certain debts at the conclusion of the case. Certain debts, however, are never subject to discharge in any bankruptcy proceeding. This includes debts incurred as part of a “domestic...
by Devin Sawdayi | Aug 9, 2013
Bankruptcy under Chapter 7 or 13 offers individuals the opportunity to discharge certain debts, giving the debtor the opportunity to make a somewhat fresh start. Unexpected events can always strike, however, such as the loss of a job or an uninsured illness or injury....
by Devin Sawdayi | Aug 6, 2013
The Bankruptcy Code prohibits a court from discharging debt if a debtor files a Chapter 7 or 13 case too soon after a prior case that resulted in a discharge. Despite this restriction, a few debtors around the country have used a process informally known as a “Chapter...
by Devin Sawdayi | Jul 30, 2013
Federal bankruptcy law generally prohibits the discharge of debts related to the debtor’s own fraud or theft. One statutory provision says that debts “for fraud or defalcation” by a fiduciary, such as a trustee, are not dischargeable. 11 U.S.C. § 523(a)(4)....
by Devin Sawdayi | Jul 18, 2013
An individual who filed for bankruptcy protection shortly after a bank foreclosed on his home sought to prevent the bank from taking title to the house, arguing that the automatic stay prohibits the bank from recording the trustee’s deed. A district court affirmed the...
