Recent FAQs

What is a Notice of Appearance and Request for Notices?

A Notice of Appearance and Requests for Notices is a pleading filed in a bankruptcy case by an attorney indicating that they are representing the particular party (frequently creditor) in the bankruptcy case. By doing so, they are not proposing any action to the bankruptcy court, but asking to be included on the creditor list to get notices that are sent out in the case--notices of hearing, confirmation motions, discharges, and so forth.

What is the Process for Converting to Chapter 7 from Chapter 13?

The process for converting an active Chapter 13 to a case under Chapter 7 is a relatively straightforward process, that in some ways parallels the process of filing bankruptcy using a smaller set of information. The sequence of conversion is summarized in this post.

What's the Purpose of Collecting AKAs, FAKA, DBA, etc?

One item of information gathered during the process of preparing a bankruptcy case are alias and alternative names for the individual debtor. Alternative names (AKA, also known as and FAKA, formerly also known as) might include maiden names, middle names used as first names, or other "aliases". Business names (DBA, doing business as and FDBA formerly doing business as) are the trade names a sole proprietor uses, in contrast to the names of organized business entities such as LLCs and corporations. If an sole proprietorship has a tax id, an EIN, that number is also included.

Can the Mortgage Bank refuse my Chapter 13 Bankruptcy?

No, a bank doesn't have discretion on whether or not a loan is involved in a chapter 13 bankruptcy.

What does it mean if I am above median income?

Above median income status influences the rules for chapter 7 eligibility, the chapter 13 plan length, and the rules for determining if income would require a payment in chapter 13 to general unsecured creditors.

When are Chapter 13 Claims Filed?

Bankruptcy Rule 3002(c) sets the time for filing claims in chapter 13 cases. For most creditors, the deadline is set at 90 days from the first meeting of creditors, which works out to be a deadline about 4-5 months into the case. Governmental claims, such as taxes, get a different deadline, typically 180 days from the filing of the case.

Why would a debtor want to file a proof of claim on behalf of a creditor?

Basically, the debtor wants to file a claim on behalf of a creditor when the debtor wants that creditor to be paid.

What is Bankruptcy Fraud?

The bankruptcy code is federal law and the bankruptcy courts are federal courts. Given the significant power the bankruptcy process has to remove the otherwise existent rights of creditors to collect otherwise legal debts, there is the potential for serious abuse. As a deterrent, Congress enacted specific criminal statutes to punish certain serious wrongdoing in the bankruptcy process, in chapter 9 of title 18 of the US Code.

Can Chapter 7 Bankruptcy Stop Foreclosure?

The answer to this question is a clear "sort of". While the filing of a chapter 7 bankruptcy will stop a foreclosure sale, it will seldom prevent the eventual foreclosure.

What is an adversary proceeding used for?

When a bankruptcy case is filed, there is a debtor, creditors, a trustee, and other such parties. While the interests of these parties may diverge, there may not be any direct one-on-one adverse relationship between any two parties.


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