Archives February 2021

Do I have to list ALL of my debts?

Do I have to List all of My Debts in Bankruptcy? 

Yes, one of your debtor duties under the bankruptcy code is you “shall file a list of creditors”. See 11 USC 521. YES, that means ALL your creditors. Many people think they can pick and choose which debts to include in their case, and only include debts they do not intend to pay back. The truth is, you must list anyone that you owe a debt to—including friends and family you borrowed money from.  

Read More

In re Fulton

The recent U.S. Supreme Court decision in City of Chicago, Illinois v. Robbin L. Fulton (Chicago v. Fulton) clarifies for creditors whether inaction on the part of the creditor constitutes a violation of the “stay” put in place by a debtor’s bankruptcy filing. While on the surface the decision seems to change something debtors’ attorneys have relied on for years, in practice it may not cause many waves.

Read More

Does My Spouse Have to Make My Bankruptcy Payments in Chapter 13?

In many cases only one person in a married couple will file a bankruptcy.  The non-filing spouse does not have to make the bankruptcy payments in Chapter 13 bankruptcy for the person that files.  This does not mean the non-filing spouse can use the bankruptcy as a shield against debt they are cosigned on (with some exceptions) or that it will protect them if the joint creditors come after them – it just means they do not have to contribute money to the case directly. 

Read More