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The Credit Counseling Class Requirement for Bankruptcy

By David Smith | September 24, 2014

Requirements for Bankruptcy: The Credit Counseling Class One of the requirements for bankruptcy is the completion of two separate classes: the Credit Counseling Class and the Financial Management Class.  The first course is required by the Court to be completed prior to filing the bankruptcy petition.  The second course is required to be completed at any time after…

The Dayton Bankruptcy Attorney: Tax Debt and Bankruptcy

By David Smith | September 21, 2014

Can Tax Debt Be Discharged in Bankruptcy? “Tax debt is not dischargeable in bankruptcy,” is the assumption of many people faced with looming delinquent notices, but luckily that assumption is not entirely correct and relief may be available.  Non-dischargeable tax debt includes debts for unpaid property taxes and any debts associated with unpaid income taxes,…

Help! I Was Sued By My Credit Card Company!

By David Smith | September 18, 2014

Sued By Your Credit Card Company? – Don’t Panic! Once you have been sued by your credit card company, or a collection agency on behalf of the company, you have a choice to make.  You can either: Fight the action in court, Attempt to resolve the matter prior to a trial, or Ignore it and hopes…

The Dayton Bankruptcy Attorney: Objections to Discharge

By David Smith | September 15, 2014

Creditors Last Line of Defense in Bankruptcy – Objections to Discharge Little stands in the way of a debtor who has passed the multiple hurdles in bankruptcy from discharging all of their unsecured debts, except a creditor’s objections to discharge.  Discharge of debts is the primary purpose for filing bankruptcy; bankruptcy language for “getting rid of…

The Dayton Bankruptcy Attorney: Using Bankruptcy to Stop a Foreclosure

By David Smith | September 12, 2014

  Don’t give up without a fight! Stop the Foreclosure! When you have a foreclosure complaint filed against you, the clock starts ticking, and you are put into a stressful, legal world you are likely unfamiliar with.  There are procedural issues to pay attention to, such as the amount of time you have to file…

The Safety of the Automatic Stay

By David Smith | September 9, 2014

Automatic Stay Keeps You and Your Property Safe From Creditor The “automatic stay” goes into effect as soon as a debtor files for bankruptcy, and protects the debtor and the debtor’s property from all actions against the debtor or property, when the action’s purpose is to collect a debt.  The automatic stay prevents and ceases, any…

Secured Creditors in Bankruptcy

By David Smith | August 24, 2014

How Secured Creditors are Different from Unsecured Creditors in Bankruptcy When a debtor files for bankruptcy, most of their debts will be held by either secured or unsecured creditors.  Understanding these types of creditors and how they are treated is important for successfully completing one’s bankruptcy. A “secured creditor” is a person or business that loaned…

What type of debt is not dischargeable under a Chapter 7 filing?

By David Smith | August 22, 2014

Some debt stays with you no matter what… The list below sets out the most common types of debt which are not dischargeable under a Chapter 7 bankruptcy filing, with each type requiring a thorough examination in light of your particular financial circumstances.  The information provided here is to be viewed as a general overview which may…

Reaffirmation Agreement: To Sign or Not to Sign

By David Smith | August 18, 2014

What happens if I don’t sign a reaffirmation agreement on a secured debt? Typically when a debtor does not sign a reaffirmation agreement for a mortgage in a Chapter 7 bankruptcy, the creditor will not repossess the property as long as the debtor continues to make payments.  However, the creditor will cease sending monthly billing statements…

Consumer Bankruptcy & The Use of Credit Cards

By David Smith | August 16, 2014

How to Avoid Bankruptcy through Good Use of Credit Cards One of the most preventable causes of consumer bankruptcy is the misuse of credit cards.  One client said it felt like they were being squeezed by an anaconda and every move they made just made the snake squeeze tighter.  At our office we understand how…