Category Archives for "Blog"

How Long Does Bankruptcy Take?

Chapter 7 Bankruptcy – “How Long Does Bankruptcy Take?” So, by “How Long Does It Take?”, what did you mean? This question is easier asked than answered, and the question itself must be defined before jumping into estimations.  I hear this question in my practice here in St. Charles County,  I have found through experience that my clients […]

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Bankruptcy Requirement: The “Highest Available Balance”


Bankruptcy Requirement:  Account Balances The “Highest Available Balance: On The Day of Filing Shortly after filing a Chapter 7 Bankruptcy in St, Charles County,  you’ll be asked by your lawyer to provide several additional documents to the Trustee pursuant to Bankruptcy Rule 4002 prior to your 341 Meeting.  One of these bankruptcy requirements is proof of […]

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Required: Providing Your Most Recent Paystubs to The Trustee


341 Requirement:  Providing Paystubs to The Trustee Watch for the “Filing Letter” Immediately after filing your Chapter 7 Bankruptcy, I’ll send you what we call a “Filing Letter”  Read it carefully as there are important requirements and dates that must be adhered to.  Generally, we do not send out reminders after that letter, so store […]

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Required Bankruptcy Courses

Classes are Required to File a Bankruptcy   Bankruptcy Courses  There are two required bankruptcy courses that must be completed in order to successfully complete your case.  Before you file bankruptcy you must complete a credit counseling class.  After the bankruptcy is filed, but before you receive your discharge, you must complete a money management […]

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What is The Chapter 13 Plan?

The “Plan” in a Chapter 13 Bankruptcy   “The “Plan” is a document that lays out what you want the Chapter 13 Trustee to do with the money to hand over every month during your bankruptcy.  It proposes and eventually dictates who to pay and how much to pay them.  It must be approved (confirmed)by […]

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What is Lien Avoidance?

Avoiding a Lien “Lien Avoidance”, or “Avoiding a Lien” is essentially wiping away that interest that a creditor has in your property, removing their right to repossess it, or otherwise “take it back”.   Avoiding Liens. Generally secured creditors maintain their security interest after the bankruptcy is filed.  However, in some cases that security interest (i.e. […]

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The Means Test

  The Means Test in Bankruptcy   The means test in bankruptcy was part of the new bankruptcy law (BAPCPA) passed in 2005.  It is seen as the gateway to Chapter 7 eligibility.  It answers the question “Do I Qualify for Bankruptcy?”  An individual or couple must enter their income and allowable expenses in an elaborate […]

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