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Blog Posts in June, 2010

Can I Lose my Job for Filing for Bankruptcy?

The federal bankruptcy code provides stringent protection for debtors and their employment during the filing process. According to Section 525(b) of the code: (b) No private employer may terminate the ...
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Chapter 7 Filings on the Rise in Texas

Everything is bigger in Texas, even bankruptcy filings. According to the United States Trustee Program, Chapter 7 filings in the Lone Star State increased by 83% between 2007 and 2009. In 2007 over ...
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What Rights do Creditors Have Against me in Bankruptcy?

Once a debtor files for bankruptcy, a creditor must cease all attempts to collect the debt, including phone calls, letters and other means. However, creditors do have certain rights in the proceeding. ...
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What is the 341 meeting?

Whether a debtor chooses to file for Chapter 7 or Chapter 13, a meeting of creditors or "341" meeting will take place. According to the United States Bankruptcy Court for the Northern District of ...
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Which court should I file in?

Unlike other civil proceedings, bankruptcy does not allow for a lot of flexibility when choosing where a debtor files their petition, also called venue. 28 USC 1408(1) requires debtors to file: (1) in ...
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Chapter 13 Repayment Plan – How Much Will I Pay Monthly?

When a debtor files for Chapter 13 it means that he is willing and able to repay his debtors up to an agreed upon amount. Instead of paying several creditors, the debtor pays one amount to the trustee ...
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Can Filing Bankruptcy Hurt Your Job Chances?

Now more than ever employers are digging deeper and deeper into the background of its employees and potential hires. Not only are employers checking your social media accounts but they are also ...
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Are medical bills dischargeable in a Chapter 7?

Medical bills are one of the primary reasons many consumers look to Chapter 7 bankruptcy for a fresh start. Financial advisors have suggested that the vast majority of Americans are one major illness ...
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Electronic Case Filing

Many bankruptcy courts no longer allow debtors to walk into the courthouse and file a paper petition to commence a bankruptcy case. For example, the United States Bankruptcy Court for the Northern ...
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Do I need an attorney to file bankruptcy?

Absolutely! Bankruptcy is a legal process and has great benefits and serious ramifications. At its simplest state bankruptcy is an opportunity for an individual consumer to wipe the slate clean and ...
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Understanding the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)Among the consumer bankruptcy world th

Among the consumer bankruptcy world there is much talk about the changes to bankruptcy law in 2005. The general consensus is that the rules became more strict for debtors in order to mitigate fraud ...
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Spike in Income after Creditors’ Meeting

You've filed for Chapter 7 and the trustee has conducted your 341 Creditors' meeting. After this meeting, but before your debts are discharged your income changes for the better. Will this unwind your ...
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What is a Bankruptcy Trustee?

According to the U.S. Bankruptcy Court for the Northern District of Texas a trustee is "The representative of the bankruptcy estate who exercises statutory powers, principally for the benefit of the ...
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