We've talked quite a lot about hiding assets in bankruptcy and how doing so can end with the denial of a debtor's bankruptcy discharge. However, it is important to note that simply hiding assets is not enough to compel the bankruptcy court to deny a discharge.  When denying a debtor's bankruptcy discharge there must be [...]

Facing a Bankruptcy Case Dismissal Facing a bankruptcy case dismissal can be a huge blow to the debtor in financial trouble. But there is hope. A bankruptcy debtor can refile their case even after a dismissal but they may not have the full protection of the automatic stay . Debtors who had a bankruptcy case [...]

What Are Nondischargeable Debts? Nondischargeable debt in bankruptcy is a class of debt which cannot receive a bankruptcy discharge. Child support, student loans , alimony, taxes and debt incurred because of criminal activity may be considered nondischargeable by bankruptcy court. While most bankruptcy debtors are aware of the difficulty in discharging student loans and other [...]

Reasons Why Bankruptcy is Often Better Than Debt Settlement Despite the fact that debt settlement vs. bankruptcy debate is really one that is a no-brainer, there continues to be dishonest discourse about the benefits and drawbacks of debt settlement in comparison to bankruptcy.  The bottom line is that most debtors trying to avoid bankruptcy do [...]

Brining Up Bankruptcy During a Job Interview Many debtors filing bankruptcy worry about how potential employers will view their bankruptcy filing. The truth is that the vast majority of employers probably won't care. Bankruptcy has become very common and companies are more educated about why many debtors need to file bankruptcy. However, there may be some [...]

Bankruptcy and Unjust Enrichment Debts which are incurred because of unjust enrichment cannot be discharged in bankruptcy. Unjust enrichment is when one party gains an unearned benefit at another party's expense. The bankruptcy court demands that the debtor who unjustly gained the benefit, reimburse the party who was harmed. For example, if a debtor took [...]

Fraud Charges In Bankruptcy Charges of fraud are becoming a popular creditor tactic now that the number of delinquencies and defaults are on the rise.  If a creditor can convince the bankruptcy court that a debtor engaged in fraud, the debtor's bankruptcy case can be dismissed.  But debtor's facing fraud charges shouldn't panic, dismissing a [...]

Depending on the type of debt you owe, some debts might survive the bankruptcy discharge. In both Chapter 7 bankruptcy and Chapter 13 bankruptcy some unsecured debts may be discharged but secured and nondischargeable debts may still exist after your case is closed. Below are a list of some debts that may survive the bankruptcy [...]

Thinking About Bribing a Bankruptcy Judge? In a recent bankruptcy dispute, a bankruptcy attorney found himself facing a possible ban on practicing law, after he allegedly sent an "unprofessional and disrespectful" court filing to the bankruptcy court and then tried to resolve the dispute by sending the bankruptcy judge a bottle of wine. Hyman also [...]

Filing a bad faith bankruptcy can mean the death of automatic stay protection and since the automatic stay is the shield which protects debtors from creditors it's basically a very harsh punishment. A bankruptcy case may be considered bad faith if any of the following is true: The bankruptcy debtor has filed more than one [...]