Tag Archives: Bankruptcy

Bankruptcy: Discharge versus Dismissal

Posted on 16. Nov, 2009 by emmettjones.

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Bankruptcy cases usually end one of two ways.  Debtors either receive a discharge, or they receive a dismissal. So…which one is good and which one is unwanted? A discharge in bankruptcy occurs at the end/completion of your bankruptcy proceedings.  It is the bankruptcy discharge that takes away your obligation to pay back outstanding debts as [...]

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Refinancing in Bankruptcy

Refinancing in Bankruptcy

Posted on 31. Mar, 2009 by emmettjones.

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Refinancing is generally defined as a replacement of an existing debt with a new debt that has different (usually better) terms. People use refinancing or a “re-fi” for a myriad of different reasons; using extra money to pay off credit card debt, turn adjusted rate mortgages into fixed rate mortgages, consolidation of loans, etc.  But [...]

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Frequently Asked Questions (Bankruptcy)

Frequently Asked Questions (Bankruptcy)

Posted on 12. Mar, 2009 by emmettjones.

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If most debtors had the option, they would choose to file a Chapter 7 bankruptcy as opposed to a Chapter 13.  Why isn’t that option available to everyone? Debtors that have disposable income are usually unable to file a Chapter 7 bankruptcy.  In part because the bankruptcy trustee is unwilling to let the debtor keep [...]

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Chapter 7

Chapter 7

Posted on 12. Mar, 2009 by emmettjones.

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Chapter 7 is typically known as the “liquidation” bankruptcy.  The liquidation refers to the liquidation of unprotected assets in order to pay off a debtor’s debts (NOTE: depending on the assets you have, you may not lose any of your assets with a Chapter 7 filing.  Schedule a consultation with an attorney to discuss your [...]

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Chapter 13

Chapter 13

Posted on 12. Mar, 2009 by emmettjones.

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Chapter 13 is typically known as the “reorganization” bankruptcy.  The reorganization usually applies to the debtor’s secured and unsecured debts.  In a Chapter 13, debtors are put into a plan that looks to pay back only a portion of what is owed to their unsecured creditors, while either continuing to keep current on their secured [...]

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341 Meeting

341 Meeting

Posted on 12. Mar, 2009 by emmettjones.

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The bankruptcy meeting of creditors, (sometimes called the “Creditors Meeting” or “341 Meeting”) is a meeting that occurs between the debtor(s), their attorney, the bankruptcy trustee, and the creditors of the debtor(s).  The meeting occurs approximately 4-6 weeks after the debtor(s) petition has been filed, and it is primarily used to determine whether or not [...]

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