Filing bankruptcy triggers an automatic stay, which is a court order called an injunction that prevents creditors from further debt collection efforts. The stay usually halts foreclosure, repossession, wage garnishment, lawsuits, and other creditor actions against you. A motion for relief from stay is a motion that a creditor files with the court to relieve… Read More »
While debtors may feel like they are home free once they receive a discharge in bankruptcy, under certain circumstances the court can revoke discharges. The legal concept behind revocation is to see that justice is served, and when the court suspects that a debtor obtained a discharge dishonestly, that discharge is simply not set in… Read More »
Most people who file bankruptcy only experience the administrative aspect of bankruptcy. They have no exposure to bankruptcy’s adversarial or litigation-side. Yet, creditors can oppose or challenge certain aspects of your bankruptcy case, which opens the door to litigation. Bankruptcy is a unique area of law that uses different terms than many other legal areas. … Read More »
It is important to understand what the bankruptcy courts consider fraud in relation to bankruptcy. When debt is overwhelming, debtors may become desperate. You need to know where to draw the line between innovative solutions and what the court considers fraudulent behavior. Fraudulent conveyance is a commonly used term in bankruptcy cases. A conveyance is… Read More »
