Bankruptcy and Auto Loans

It’s been a pretty steep fall for Amy, a Dallas teacher.  She bought her first new car in 2009, but she got sick the next year and now finds herself facing Chapter 7 bankruptcy. Once the voluntary bankruptcy petition is filed, the moneylender (in this case, the auto...

Bankruptcy and Home Equity

Nero fiddled while Rome burned.  Politicians continue to fuss while the mortgage crisis lingers.  If you have negative equity in your home, and you are tired of waiting for someone else to do something, then it may be time to consider Chapter 13 bankruptcy. Chapter 13...

The Bankruptcy Setoff

The setoff is an obscure legal provision most often applied in civil lawsuits.  But in the context of consumer bankruptcy, it allows a moneylender to seize funds out of a consumer’s bank account. There are many situations in which the setoff may apply, but the most...

The Automatic Stay

When you tell your dog to “stay”, a well-trained dog will immediately stop moving.  Imagine that you are the bankruptcy court and that your creditors are dogs. The moment you file your Chapter 7 or Chapter 13 bankruptcy, the automatic stay goes into effect.  Any...

Filing for Personal Bankruptcy

Stockton, California is the home of the annual Asparagus Festival, singer Chris Isaak, and possibly the largest municipal bankruptcy in U.S. history.  The financial issues that Stockton faces may not be much different from the challenges that you face: rising costs,...