Author: grapevinelegal

One common misconception about filing a bankruptcy is that it eliminates the debt. This is not technically true. A bankruptcy eliminates liability for the debt for the filing party. But if there are co-signers for the debt, whether that be for a car, student loan, credit card, or what have you, the co-signer remains liable […]

If you own property and have a creditor judgment they you probably have a lien on your property. Even if you file bankruptcy and the debt is cleared the lien remains. This has to be removed by a separate legal procedure.

The bankruptcy ‘Means Test’ is a way for the Court to compare your income and expenses with the averages for the number of people in a household and the median income in your region for that family size. If you are above median income there is a rebuttable presumption that you should be in a […]

Once in a while I’ll get a call from a past client that a creditor is calling about a debt the existed prior to their filing but for some reason was unlisted in their schedule of creditors.  If their case resulted in a no-asset discharge then the creditor’s debt would likely be considered discharged as […]

Many people contemplating filing for bankruptcy have had many months, perhaps even years, of collectors using various tactics to recover debt.  You should be made aware of your rights against these collectors and the many ways they can be liable for abusive or intrusive tactics.  Yes, that’s right, you may have the right to file […]

One of the common misunderstandings between a Chapter 7 and Chapter 13 is that many people believe you can ‘keep things’ in a Ch.13 payment plan whereas in a Ch.7 you must surrender possessions such as a home or a car. This is most often untrue. Both Federal and State bankruptcy laws provide schedules of […]

Today’s topic involves a reoccurring issue about items on your credit report. The misconception is that filing a bankruptcy ‘gets rid” of negative credit events, such as missed payments. (The technical term for this is a ‘derogatory’.) But a credit report is a factual history of your credit affairs. Legitimate credit events that have not […]

One issue that comes up periodically – especially during the federal tax season – is the payment of money to friends or relatives.  When people are in financial distress they often borrow money from family or friends.  And when they receive a large tax refund they often pay them back. The problem with this is that […]

An important transaction in a Ch.7 filing is the reaffirmation agreement.  These are typically issued for car loans.  Nearly everyone can keep the vehicle they have through a bankruptcy because the lender doesn’t want the car – they want the value of the car loan. Your car loan (i.e. promissory note) is eliminated when you […]

How have the Bankruptcy laws changed? The reforms enacted in October of 2005 were designed primarily to prevent abuses. For the vast majority of Chapter 7 filers (liquidation of debt) these changes will not affect their ability to gain a fresh start. What is the difference between Chapter 7 and Chapter 13 bankruptcy? Chapter 7 is a liquidation of debt, excluding debts for taxes, […]