Archive for the ‘Bankruptcy’ Category
December 17, 2011
Making sure your bankruptcy filing is complete
I have had situations where clients have filed for bankruptcy but have failed to complete the process. Failing to complete the process can be expensive. I will give you an example. There are 2 courses that you must take in order to receive a discharge in bankruptcy. The first course is a credit counseling course. Everyone must take this course in order to file for bankruptcy. The second course is a personal financial management course. You can only take this second course after you have filed for bankruptcy. If you fail to take this second course, the bankruptcy court will not give you a warning and they will dismiss your case. We try to remind our clients to take the second course immediately. However certain individuals tend to procrastinate or just merely forget. If you have failed to take this course, you’ll be required to pay $240 in addition to attorneys fees to reopen the case and file the personal financial management course certificate. These courses are fairly affordable. It ranges from $15 to $45. Whether you hire the Law Offices of Alon Darvish or another bankruptcy lawyer, please do yourself a favor and take these courses immediately.
Posted in Bankruptcy, Chapter 7 Bankruptcy / Chapter 13 Bankruptcy | No Comments »
December 2, 2011
Discharging Debt Based On Fraud In Bankruptcy
Some may think that filing for bankruptcy will eliminate debts based on fraud. In actuality, It may be true, but only if the creditor fails to file an adversary proceeding in bankruptcy court within 60 days from the initial meeting of creditors. Some creditors may not know too much about bankruptcy law and may not know of the 60 day rule. If they fail to file the adversary petition (basically, a lawsuit filed within the bankruptcy court), the lose their rights and the debt shall be discharged in bankruptcy. However, sometimes, creditors will file an adversary proceeding in bankruptcy court to protect their interest.
If you have a lawsuit filed against you in civil court and the allegations are based on fraud, you should be aware that this particular debt may not be discharged in bankruptcy even though all your other debt may be discharged. If the creditor files an adversary proceeding, it is as if they filed filed a lawsuit against you. It is your responsibility to defend this lawsuit. Otherwise, you will continue to be held responsible for it even after bankruptcy.
The best person to ask whether you should file for bankruptcy is a bankruptcy attorney. By speaking to Mr. Darvish, he can guide you and determine whether it is worth fighting such an adversary claim in bankruptcy court. You may reach him personally at (310)205-5529 or visit his website at www.BankruptcyLALaw.com
Tags: Bankruptcy, Fraud
Posted in Bankruptcy, Fraud | No Comments »
