Bankruptcy & Debt
What filing halts, what it discharges, what it takes back, and what survives it.
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Bankruptcy & Debt
Chapter 7 and Chapter 13: Eligibility, Process, and Outcome
Chapter 7 sells non-exempt assets and discharges quickly; Chapter 13 pays creditors under a court-approved plan for three or five years and can cure a mortgage default.
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Bankruptcy & Debt
The Automatic Stay: What It Halts and What It Does Not
Filing a bankruptcy petition halts most collection, litigation, and lien enforcement at once, without any court order, but section 362 lists exceptions and shortens the stay for repeat filers.
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Bankruptcy & Debt
The Means Test and Presumption of Abuse
The means test annualizes six months of income, compares it with the state median, and for higher earners applies fixed deductions to decide whether Chapter 7 is presumed abusive.
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Bankruptcy & Debt
Exempt Property: What a Debtor Keeps
Federal law creates the bankruptcy estate, but state law usually decides what a debtor keeps: most states have opted out of the federal exemption list, and domicile rules govern recent movers.
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Bankruptcy & Debt
Debts That Survive a Discharge
A discharge does not reach every debt. Section 523 lists exceptions, some automatic and some that a creditor must prove in an adversary proceeding filed on a short deadline.
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Bankruptcy & Debt
Reaffirmation Agreements and Keeping Secured Property
A reaffirmation agreement puts a debt back on the debtor after discharge. Section 524 requires disclosures, an attorney certification or court approval, and allows rescission within a defined window.
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Bankruptcy & Debt
Preferences and Fraudulent Transfers: Clawing Payments Back
Two avoidance powers let a trustee undo pre-filing transfers: preferences reach ordinary payments made shortly before filing, and fraudulent transfer law reaches gifts and bargains made while insolvent.
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Bankruptcy & Debt
Involuntary Bankruptcy Petitions Against a Debtor
Creditors can force a debtor into Chapter 7 or Chapter 11 under section 303, but only with qualifying undisputed claims, the right number of petitioners, and a real risk of damages if it fails.
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Bankruptcy & Debt
Proofs of Claim, Objections, and Creditor Participation
A proof of claim is how a creditor asks to be paid in a bankruptcy case. Bar dates differ for government units, and a proper objection shifts the burden back to the claimant.
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Bankruptcy & Debt
Leases and Executory Contracts in Bankruptcy
A debtor may assume, assume and assign, or reject an executory contract or unexpired lease. Assumption requires curing defaults and giving adequate assurance; rejection is a breach, not a rescission.
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Bankruptcy & Debt
Credit Counseling, Debtor Education, and Rebuilding After Discharge
Two separate courses bracket an individual bankruptcy case: an approved credit counseling briefing before filing and a debtor education course afterward, which the discharge depends on.
