The Bankruptcy Code provides special protection for parties’ owed domestic support obligations, such as child support, alimony, and spousal maintenance. In its present form, the Bankruptcy Code provides that domestic support obligations cannot be discharged in a Chapter 7 case and receive priority status in Chapter 13 bankruptcy plan. This priority status guarantees that domestic […]
LIABILITY FOR DEBT AFTER BANKRUPTCY DISCHARGE: IN PERSONAM VS. IN REM
When determining how a debt will be affected by discharge in bankruptcy, it is important to determine whether or not a debt is in personam or in rem. “In personam” means “against a person.” With a few exceptions, in personam liability is discharged in bankruptcy. For example, credit cards and medical bills are debts against […]
Texas Bankruptcy Attorney:STRATEGIES FOR COPING WITH CREDIT CARD DEBT
Dallas Bankruptcy Attorney: STRATEGIES FOR COPING WITH CREDIT CARD DEBT Recently I read an excellent article by Laura Coffey on MSN.com discussing strategies for reducing credit card debt. As a bankruptcy attorney, I meet with clients everyday that are struggling with repaying high interest credit cards, and repaying these types of loans can be an uphill […]
WHAT HAPPENS WHEN A DEBTOR DIES WHILE IN BANKRUPTCY?
Rule 1016 of the Federal Rules of Bankruptcy Procedure addresses what happens to a bankruptcy case when a debtor dies. In Chapter 7 bankruptcy, the case continues. The estate of a Chapter 7 debtor is administered and the case concluded as though the death had not occurred. When a bankruptcy case is filed, property is […]