US Trustee Suspends Random Audits Indefinitely

The US Trustee’s Office has indefinitely suspended its random audit program effective March 2013.  The random audit program was one of the fraud prevention measures added in the 2005 BAPCPA amendments to the US Bankruptcy Code.  (Wall Street Journal)  The audit program has also been a significant cause of stress and concern for many of my clients. The purpose of … Continue reading »

Adversary Proceedings – The Bankruptcy Lawsuit

An adversary proceeding is a lawsuit that is part of a bankruptcy case.  Most cases do not involve an adversary proceeding.  This is because adversary proceedings are not necessary for you to get a discharge.  An adversary proceeding functions like any other lawsuit.  There is a plaintiff and a defendant.  The plaintiff is the party that starts the case and … Continue reading »

Credit Cards in Bankruptcy

Everyone has credit card debt and credit card debt is one of the most common debts in bankruptcy.  All of my clients want to know what will happen to their credit cards in bankruptcy.  First, credit cards can be discharged in bankruptcy.  A credit card debt is a a general unsecured debt in a bankruptcy.  A general unsecured debt has … Continue reading »

Denial of Discharge Defense – Advice of Counsel

A denial of discharge adversary proceeding seeks to take away your entire discharge.  If the trustee is successful, not only do you lose the discharge in this case but you cannot discharge any of these debts in a future bankruptcy.  As one lawyer put it, it makes you a financial dead man walking.  This is why it is so important … Continue reading »

Can I Give/Sell/Deed This Property To . . . .

Whenever someone has some property and too much debt, they want to know how they can protect the property from creditors.  The general rule is that you can use exemptions.  But sometimes, the property does not fit into an exemption category or it exceeds the allowed exemption.  Your first instinct may be to sell the property or to give it … Continue reading »