A creditor might file a motion to avoid violating the stay, or to get permission to take some action other than collect a debt.
Either 1) wait one year to file your bankruptcy case after getting a prior bankruptcy case dismissed or 2) justify why the dismissal happened.
In our example about the process about whether a debt gets discharged, here's what happens at the bankruptcy court trial itself.
Here's how the debtor and creditor get at the facts in an adversary proceeding about whether a debt gets discharged.
Here's an example showing how to answer a creditor's complaint objecting to the legal write-off of a debt in bankruptcy.
"Discovery" covers all the methods used to get at all the relevant facts in a dispute with a creditor about the discharge of a debt.
If you decide not to settle but rather fight a creditor trying to make you pay a debt that you want to discharge, here's what happens.
Sometimes it's in your best interest to force an issue in bankruptcy court by, in effect, suing a creditor in an adversary proceeding.
Your bankruptcy case makes more sense if you know the roles of the people involved, including the judge and the various trustees.
Bankruptcy is a lot easier to understand and much more comfortable to go through when you know who's who.
This Thanksgiving, even in the midst of scary personal financial pressures, there is much to be thankful for.
Although most debts are legally written off when you file bankruptcy, creditors can object by alleging you incurred the debt fraudulently.
You don't like the idea of disclosing your financial life to the bankruptcy court. Can't it be done with some privacy?
It sure helps in understanding the two main bankruptcy options if you know the cast of characters in each one.