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Debt Limits Sometime Require a Chapter 11

It is unusual for a consumer filing for reorganization under the bankruptcy code to resort to Chapter 11. There is a good reason for this. Chapter 13, involved as it may be with the accounting for property and making monthly payments to a Chapter 13 ...

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Should You Use A Debt Settlement Firm Instead Of Getting Relief Under The Bankruptcy Code?

There are varying opinions on whether using a debt settlement agency makes sense and “saves” a debtor from filing bankruptcy in an effective fashion. As a bankruptcy lawyer, many of my clients have tried using such agencies and the effort ...

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To Reaffirm Or Not To Reaffirm: That Is The Question.

 Whenever a person files a bankruptcy petition in Chapter 7, that person is usually looking for a “fresh start” by obtaining a discharge of their debts. With certain few exceptions, the discharge that a person (called the ...

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The Automatic Stay is “Automatic.” Right? Maybe Not.

One of the benefits of filing a bankruptcy petition is that at the moment a debtor files the petition, something goes into effect that is called the “automatic stay.” The automatic stay is a preventative, a “prohibition,” if ...

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What Does A Chapter 7 Debtor Own? At First, Virtually Nothing!

One of the harder concepts to convey to Chapter 7 clients is that, as of the time the bankruptcy petition is filed and perhaps up until the case is closed, the Chapter 7 debtor owns virtually ...

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What The Heck Is Chapter 20??

As a bankruptcy professional, I deal, obviously, with the U.S. Bankruptcy Code on a regular basis.  The Bankruptcy Code (or just “the Code” here) is more formally known as Title 11 of the United States Code, and it is comprised of a ...

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Publishing New Hampshire Bankruptcy Filings

A question I am often asked by clients is whether newspapers or other media will publish the fact that they filed a bankruptcy petition.  These days, the answer is generally “no.”  Over twenty years ago, the Manchester ...

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