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Chapter 13 Bankruptcy Documents

Converting from Chapter 7 Bankruptcy to a Chapter 13 Bankruptcy: Can You (and Should You) Switch?

Most individuals file for bankruptcy under Chapter 7 of the United States Bankruptcy Code.  In some circumstances, converting a Chapter 7 bankruptcy to a Chapter 13 bankruptcy provides benefits for the debtor.  Switching from one type to the other… Read More
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Categories: Bankruptcy Process
$20 Bill Peeking - Fraudulent Transfers

Fraudulent Transfers Under Section 548 of the Bankruptcy Code

Under Section 548 of the United States Bankruptcy Code, the bankruptcy trustee can avoid fraudulent transfers made within two years preceding filing of a bankruptcy petition. If a creditor asserts a claim of fraudulent transfer in a bankruptcy case… Read More
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United States Trustee Audit - Auditor with Magnifying Class

What Is a United States Trustee Audit in a Bankruptcy Case?

Federal law requires the United States Trustee to conduct audits of some Chapter 7 and Chapter 13 bankruptcy cases. If you are considering filing for bankruptcy, you should know what it means for the United States Trustee to audit a bankruptcy case,… Read More
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Categories: Bankruptcy Process
Creditor Looking at Financial Documents - Rule 2004 Examination

What Is a Rule 2004 Examination in a Bankruptcy Case?

In most bankruptcy cases, if the trustee or a creditor has any questions or issues, they are resolved at the meeting of creditors. Occasionally, the trustee, a creditor, or another interested party will seek additional information relevant to the ba… Read More
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Categories: Bankruptcy Process
Car Keys and Calculator Representing Auto Loan Cramdowns

Auto Loan Cramdowns in Chapter 13 Bankruptcy

If you’re considering bankruptcy, being able to keep your car might be one of your greatest concerns. When you read about how cars and car loans are treated in bankruptcy, you may come across the term “cramdown” in connection with a… Read More
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Categories: Discharge Debt
Past Due Student Loan Bill

Are Student Loans Included in a Bankruptcy Discharge?

At Modestas Law Offices, our clients often ask whether student loans are included in a bankruptcy discharge. While there is a process under the Bankruptcy Code to request discharge of a student loan in a Chapter 7 or Chapter 13 bankruptcy case, gett… Read More
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Categories: Discharge Debt
United States Bankruptcy Court Sign

Revocation or Denial of a Bankruptcy Discharge: Section 727 Adversary Proceedings

If you file for bankruptcy, you must be honest and transparent about all your financial activity before, during, and after the petition is filed. For Chapter 7 and Chapter 11 bankruptcies, the ramifications of any kind of dishonesty can be especial… Read More
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Bankruptcy Court Hearing Notice

Creditor Objections to Discharge: Section 523 Adversary Proceedings in a Bankruptcy Case

In a bankruptcy case, many debts are discharged. There are certain debts that will be discharged unless a creditor files an action called an objection to the discharge. These creditor actions are referred to as Section 523 adversary proceedings,… Read More
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Adversary Proceeding in Bankruptcy Court

What Are Adversary Proceedings in a Bankruptcy Case?

Most bankruptcy cases go smoothly and are finalized fairly quickly without objections from creditors or the trustee. However, sometimes problems or questions arise. Those issues can result in adversary proceedings being filed during the bankruptcy.… Read More
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Gavel on bankruptcy Law books

What Is a Discharge in a Bankruptcy Case?

A bankruptcy discharge is issued at the end of a Chapter 7 or Chapter 13 bankruptcy case. The discharge in a bankruptcy case is a court order that relieves you of your obligation to pay debts that are covered by the discharge. Our bankruptcy cl… Read More
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Categories: Discharge Debt

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