By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7Short, easy answer – yes, same-sex married couples can file a joint Bankruptcy case and it is not even a disputed issue now. Bankruptcy law says a joint case can be filed “by an individual that may be a debtor under such chapter and such individual’s spouse.” As of June 2015, the United States Supreme… Continue Reading
By Scott Riddle Posted in Chapter 13,Chapter 7As we discussed in this prior post, the United States Trustee’s office will randomly audit Chapter 7 and Chapter 13 cases (as many as one in every 250 cases), and will audit other cases because there is something in the Schedules that makes that case stand out from the “average” Chapter 7 or 13 cases. … Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 13,Chapter 7After filing for Bankruptcy, people naturally wonder “Where do I go for court?” Like all lawyers, we will give our clients the location of the courthouse, the location of your first meeting of creditors if it is held in a different location, and we even have a document with directions and tips on parking, security… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 7Lawyers who have been in the Bankruptcy field for any length of time have come across people who either want to try to hide assets in their Bankruptcy case, or who have been caught doing so. We occasionally are asked by potential clients how to shield or hide assets from the Trustee or creditors (a… Continue Reading
By Scott Riddle Posted in Chapter 7One basic principle of Bankruptcy is that there is usually no “marital penalty” and individuals are still able to file for Chapter 7 or Chapter 13 based on their own financial circumstances and not the separate finances of their spouse. In fact, even in a joint Bankruptcy case filed by spouses, there are still technically… Continue Reading
By Scott Riddle Posted in Bankruptcy Basics,Chapter 7If you are wondering how a Chapter 7 Trustee makes money from Bankruptcy cases, here is the answer. They typically get paid in several ways. First, they get $60 from the filing fee for each of their cases. If there is a fee waiver in the case, they get nothing. Most Chapter 7 cases are… Continue Reading
By Scott Riddle Posted in Bankruptcy BasicsWhen you read about Bankruptcy on websites or blogs like this one, you often see references to the United States Trustee (or U.S. Trustee). People will often confuse to U.S. Trustee with the Chapter 7 Trustee or Chapter 13 Trustee, or wonder what the U.S. Trustee’s role is in their Bankruptcy case. Who exactly is… Continue Reading
