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If a person borrows money and is late in repaying it, the lender may choose to sue to collect the debt. A lender starts a suit by filing a “summons and complaint” in state court. The summons and complaint is “served” (delivered to) the borrower. The method of service should be reflected on the “return

The “means test” is a formula that Congress made part of the Bankruptcy Code in 2005. It is used primarily to determine whether a presumption of abuse arises in a Chapter 7 case and, in some situations, to calculate disposable income in Chapter 13.

In the broadest sense, the bankruptcy “Trustee” refers to the Office of the United States Trustee, which is part of the United States Department of Justice. The Trustee comes from the executive branch of the government, which is different from the bankruptcy judge, who is part of the judicial branch of government. The mission of

There is more outstanding student loan debt in the United States today than there is credit card debt.  The credit card debacle of five years ago is being replaced by a student loan debacle, and the situation is projected to continue. It is widely believed that you can’t do anything about student loans in bankruptcy. 

Q: I was a little behind on my car payments, and my car was repossessed. Can filing a bankruptcy help me get it back? A: Yes. Chapter 13’s are often used to cure defaults on car notes. Having the car repossessed does not in and of itself make you lose all of your rights in

Q: I’m behind on the house payments. My bank stopped accepting payments, and I received a letter saying that my mortgage has been referred to a lawyer for foreclosure. What does that mean? Will filing a bankruptcy help this situation? A: “Foreclosure” is the process by which the lender on real estate takes title back

Chapter 7 and Chapter 13 are different tools that are used to handle different financial problems. Chapter 13 is a debt consolidation plan used to repay debt in full or in part over a period of years. Chapter 7 is a fresh start or liquidation case that is usually finished after only a few months.