September 24, 2017

Domestic Support Obligations: Is Bankruptcy a way to get Relief ?

This post addresses the situation in which an individual is obligated to pay one or more types of domestic support obligations and cannot do so. What are "domestic support obligations?" They arise in the context of domestic disputes. For the most part, they consist of three things: Alimony which is support that one spouse is required to pay for the support of his or her spouse Child … [Read more...]

Reaffirmation in Bankruptcy: What, How, When and Why

The goal in any bankruptcy case is to discharge debts. Discharge is the technical legal term that means the debts no longer exist. Literally, they are gone and can never come back. An exception to discharge can come in the form of the reaffirmation of a particular debt. Reaffirmation means that the debt is excepted from the discharge and is not affected by the bankruptcy discharge. Reaffirmation … [Read more...]

After Bankruptcy: Debts Die, Liens Live

There is a saying among bankruptcy attorneys:  “debts die, liens live.”  People can discharge most debts in a bankruptcy case, meaning that they are released from their personal liability for discharged debts. Creditors cannot take any action to collect a discharged debt from a debtor. But what happens to liens or mortgages on property owned by the debtor?  There are a few common scenarios to … [Read more...]