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bankruptcy Archives

After a Bankruptcy Discharge, Why Do I Still Owe My Association?

Many bankruptcy attorneys do not know, do not realize, or do not explain or inform their clients that condominium and homeowner association payments that come due after filing a bankruptcy are not eliminated or discharged by the bankruptcy - meaning those post-filing assessments are still owed personally, by the unit owner, when the bankruptcy is over.

Can Filing Bankruptcy Protect me from a 1099-C Tax Obligation?

We received another great listener question.  The simple answer is yes, filing bankruptcy before a foreclosure sale or short sale will protect you from a subsequent 1099-C assuming the bank waives any deficiency.

Forfeit Your Foreclosure Defense in Bankruptcy Court

In early October 2014, the Eleventh Circuit Court of Appeals in Atlanta, GA (which governs bankruptcy cases in Florida too), decided the case of Failla v. Citibank N.A. The Court held that debtors who "surrender" their house in a bankruptcy case may not later oppose a foreclosure action against that house in state court.

Can Bankruptcy Eliminate a Personal Injury Judgment?

We encounter personal injury judgments in two contexts: (1) the injured party or injured party's insurance company has a judgment against you for a car accident, or (2) whether personal injury judgments can be wiped out in a bankruptcy case. The simple answer is that, yes, personal injury judgments can be discharged, or eliminated, by filing bankruptcy.

Can I File Bankruptcy if I Own a Business?

The simple answer is yes, you can file bankruptcy if you own a business. I'm not referencing a business that is failing that needs to file bankruptcy - that would be a Chapter 7 or Chapter 11. Instead I'm referencing someone who needs to file bankruptcy, either Chapter 7 Liquidation or Chapter 13 Reorganization, but they own a business; the debtor owns either an LLC or Corporation, either 100% or jointly with other owners.

Bankruptcy Chapter 6.5

I recently released a blog and related podcast about the bankruptcy code being broken into 9 chapters, all odd numbered except for one even numbered chapter. That post failed to mention a Chapter 6.5, which you won't find in the bankruptcy code, and you won't even find it mentioned in the halls of the bankruptcy court as slang (unless this post goes viral). So what the heck is a Chapter 6.5?

Why is Bankruptcy so Odd?

The Bankruptcy Code is broken into nine chapters, eight of them are odd-numbered and one is even-numbered. While the reason for odd numbered chapters is to allow for expansion of the Bankruptcy Code, when a new chapter was added in 2005 by the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), it was added at the end, as the next odd numbered chapter - Chapter 15!

When is Bankruptcy Right for me?

A while back, I wrote a blog titled "What Chapter of Bankruptcy is Right for Me?" This blog is meant to supplement, or even precede that blog as we explore whether someone should even file bankruptcy. The determination on whether to file is largely based upon the debtor's income and non-exempt assets.

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