Cara O'Neill
Attorney · University of the Pacific McGeorge School of Law
Automatic Stay: Violations and Creditor Consequences
The automatic stay is an order put in place that prevents creditors from engaging in most debt collection activities after a debtor files for bankruptcy. Creditors that violate the automatic stay can be brought to court to face severe financial consequences. ... READ MORE
What Forms of Identification Will the Bankruptcy Trustee Accept at the 341 Meeting of Creditors?
Most people prove their identity and Social Security number by presenting a state-issued driver's license and Social Security card, however, you can use other forms of identification, too. Learn when, why, and how you must prove who you are in bankruptcy and what to do if you don't have an acceptable form. ... READ MORE
Required Documents for the 341 Meeting of Creditors
After filing for bankruptcy, you'll provide additional documents to support the figures in your bankruptcy paperwork, including your income, the value of your assets, your household expenses, and your personal expenses. Find out why you must provide proof of income in the form of paycheck stubs, bank statements, and tax returns to the bankruptcy trustee before the 341 creditors meeting. ... READ MORE
Does the Bankruptcy Trustee Come to Your House?
The trustee doesn't usually need to visit your house to verify the information you provide to the bankruptcy court. The primary reason a bankruptcy trustee will come to your home is if the trustee suspects you're hiding assets and wants to conduct an inventory. ... READ MORE
How to Negotiate a Credit Card Debt Settlement: The Process
By following tried-and-true settlement techniques, you can increase the chance of settling your credit card debt for less than what you owe. Find out how to negotiate your credit card debt and when to erase debts in Chapter 7 or Chapter 13 bankruptcy. ... READ MORE
Nondischargeable Debts: Debts You Can’t Discharge in Bankruptcy
Learn about the debts that don’t go away when you file for bankruptcy, called “nondischargeable” debts. Typical nondischargeable debts include support obligations, recently incurred tax debt, student loans, and more. ... READ MORE
Chapter 7 Bankruptcy Exemptions: What Property Can I Keep?
When you file for Chapter 7 bankruptcy, you can "exempt" or keep the property you need to live and work, such as furniture, clothing, and an inexpensive car. Learn what you must do to protect your property in Chapter 7 bankruptcy. ... READ MORE
If You Declare Personal Bankruptcy, What Can You Keep?
When you file for bankruptcy, you can protect some or all of your property using your state's exemption law. Learn how to keep your property with state and federal bankruptcy exemptions that protect it from creditors when filing for Chapter 7 and Chapter 13 bankruptcy. ... READ MORE
Keeping Property Using Bankruptcy Exemptions: You Don't Lose Everything
You don't have to give up all of your property when you file for Chapter 7 or Chapter 13 bankruptcy. Your state's exemption statutes tell you how much property you'll be allowed to keep, or your state might allow you to use the federal bankruptcy exemptions. Learn why you'll lose nonexempt property in Chapter 7 and how you can pay to keep nonexempt property in Chapter 13. ... READ MORE
Time Matters When Filing Chapter 7 Bankruptcy
Understanding timing issues can help you decide when to file for Chapter 7 bankruptcy. You'll learn why you don't want to run up credit cards before filing for bankruptcy and when you'll have to wait after filing a previous bankruptcy case. If you need to file quickly, an online skeleton or emergency filing can help you do the job quickly. ... READ MORE