Articles Archive

After Filing for Bankruptcy Can You Keep Your Checking Account?



Yes … if the bank holding the account allows it. When a person files for bankruptcy, depending on the type of bankruptcy filed, all loan and credit collections must stop. All bank accounts and assets must be identified by the debtor to a court appointed trustee (chapter 7) or court official / judge (chapter 13) […]

Comments are closed

Do DUIs Carry Over Into Different States?



Short answer is: “Not automatically, but very likely”. There are several reasons for that answer. One reason is that there is now a consortium for sharing “driving under the influence” (DUI) convictions and most of our fair fifty states in our union are members of this DUI information consortium. One person lists the states that […]

Comments are closed

When Will Bankruptcy Trustees Take Income Tax?



Your well-paid lawyer is the initial source of information here. In a Chapter 7 bankruptcy, the trustee is the second source of information. That lacking, one can always go back to the court itself for understanding and clarity. There are quite a lot of contributions on many sites about this situation. Unfortunately, there is a […]

Comments are closed

Can a creditor collect a debt after bankruptcy if they were not included?



This question raised a lot of conflicting information from online contributors. A “pre-petition” debt existed before the bankruptcy, by definition. Research identified that only “pre-petition” debt can be discharged in a bankruptcy. The point about the debt being overtly listed versus “automatically included” is the great unknown. Research did not find any conclusive situations where […]

Comments are closed

Can I reverse a garnishment of my wages by a filing for Bankruptcy?



The shortest answer to this question is “Yes”. As usual, a debtor must present a case and then be approved by the courts for bankruptcy. The presenting of the case is not a slam-dunk either. Once allowed, bankruptcy, by law, stops, or “stays” all collections and garnishments due to judgments. All collection actions must stop. […]

Comments are closed

If I file bankruptcy after a judgment is placed against me, will it erase the judgment?



Be aware that the rules covering judgments and bankruptcy are somewhat different in nearly every state, but there are some aspects that are generally similar. Because in the fairly recent past people declared bankruptcy just to not pay what they owed, many states altered the rules to put more accountability on the debtor. One of […]

Comments are closed

About Default Judgements



A number of different sites and many (unfortunately) experienced contributors provide a rather solid view of getting to the point of a default judgment, what you can do at the hearing on a default judgment, what typically happens after a default judgment occurs, what you can still do after a default judgment occurs against you, […]

Comments are closed

What percentage of DUI cases get dismissed or dropped?



Research found that statistics taken around DUI, OUI, DWI, and the like, varied greatly if they could be found at all. Most rates were based on convictions. The first step in seeking a defense to get the charges dropped or the case dismissed is … call a DUI lawyer. This is your first line of […]

Comments are closed

How Long Does it Take a DUI to Fall Off Your Driving Record



The very short answer is 10 years, at a minimum. Research came up with Florida retaining the mark on your driving record for 75 years. Tennessee retains it for life. In the case of the Florida retention, given a DUI offender is likely to be over 15, this means an offender will have to live […]

Comments are closed

What If I Refusee To Take a Breathalyzer Test?



In every state, it is your right to refuse to take a Breathalyzer test. In most states, based on online contributions, refusal to take a Breathalyzer is just a decision that police will note in the likely result of your arrest. The refusal will likely be the direct cause for you to lose your license. […]

Comments are closed

How Much Is The Settlement From a Lower Back Injury?



There are a number of factors that have to enter into what will become a somewhat complicated calculation. Some of the readily available factors are: Who is accountable for the situation, accident, and/or injury? Is it a car accident or personal injury, or both? Is the damage from the injury temporary or permanent? Is it […]

Comments are closed

Can Banks Seize Your Assets if you Default on your Mortgage?



In general, “yes”, a financial institution holding a mortgage can sue for full repayment of the loan amount outstanding on a mortgage where the debtor has defaulted. When a house is foreclosed, and sold, and the sale does not raise enough money to pay off the loan, the institution can then file for a deficiency […]

Comments are closed

What Happens if I blow Off an out-of-state DUI Hearing?



Lots of information and personal experiences around this question: What can happen if I blow off a DUI hearing for out-of-state DUI charge? The general consensus: Do not blow it off as nothing good will happen because of it. There was not one single happy ending in the collection of incidences related. The important point […]

Comments are closed

Can a Bank Take Money from Your Savings Account After a Bankruptcy Discharge?



First, find out from the bankruptcy trustee if your savings account was on the list of seized assets that are to be liquidated to satisfy the creditors under your bankruptcy ruling. If the account was not on that list, then notify the trustee about what happened to get that money returned to you. Seized assets […]

Comments are closed

Can a Foreclosure Happen After Bankruptcy Discharged the Debt?



This is a very difficult concept for many people to understand. Several lawyer site profess having trouble getting clients to see the difference between a debt and its lien on an asset. As always, the best recommendation when dealing with foreclosures and / or bankruptcy is to discuss your situation with a lawyer in your […]

Comments are closed

After foreclosure Can the 2nd Mortgage Holder Come After me for the Balance (Colorado)?



First, seriously consider hiring a lawyer who knows the foreclosure and multi-mortgage law in the state of Colorado (or, your particular state). Each state varies in some way. Next, in a foreclosure, the holder of the first mortgage gets paid off first (of course), then, if any money from the foreclosure sale is left, it […]

Comments are closed

How Long Until My Car is Repossessed After Filing Bankruptcy?



The repossession laws for bankruptcy involving a car will differ due to the type of bankruptcy and depending on the value of the car. With a Chapter 7 bankruptcy, non-exempt assets, like your car, are taken as a part of the “bankruptcy estate” during the bankruptcy process. These assets are usually sold with the proceeds […]

Comments are closed

What Would Happen if the United States Went Bankrupt?



By definition, bankrupt means: An entity judged by a court to be unable to pay its debts, whose property is taken and disposed of for the benefit of creditors. A lot of different views exist out there in Web-land on this question. Many ask back, “What do you mean ‘if’?” meaning that they believe or […]

Comments are closed

Will My Bench Warrant Expire?



Assuming, as most questioners related, that the infraction was not a felony, the really short answer is: A bench warrant will fade from being readily available after a few years, but will always be on your record. For a misdemeanor, countless sources and individual accounts online relate how, either personally, or as a story about […]

Comments are closed

Can You Keep Your Tax Refund After Filing Chapter 7 Bankruptcy?



First of all, Chapter 7 and Chapter 13 bankruptcies have very different rules. This article is only dealing with Chapter 7 bankruptcy. On the question, it is always good to check with the lawyer who filed your bankruptcy. That is why you pay the lawyer. Essentially, it goes to the trustee. A refund is an […]

Comments are closed