Domestic violence was a part of my family's life for years. When I made the decision to leave with my children, I had to rely on the law to provide the protection we needed. Sometimes, the system does not work as fast as we want. I soon learned that going at it alone without any guidance caused significant delays. I created this blog to help others who are seeking legal means to deal with an abusive ex. By making the right moves, it is possible to get the necessary protections in place so that you can also live a happier and healthier life.
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A chapter 7 bankruptcy is widely-known as the blanket solution used by consumers for debt that's gotten out of hand. While most all of your unsecured debts, such as credit card debts, can be eliminated with this type of filing, there are some situations that arise where problems crop up. Read on so that you'll be well-prepared if a creditor or the bankruptcy trustee raises an objection to one of your bankruptcy debts.
When to expect trouble
Most chapter 7 bankruptcy cases progress smoothly from the filing to the final discharge with hardly a peep of trouble. When problems do happen, they usually occur around the time of the creditor's meeting or shortly thereafter. The creditor's meeting is the first time you will be held to a legal standard involving your honesty and the facts contained in your bankruptcy filing paperwork. It might be your one and only official bankruptcy-related appearance unless problems arise with your case. Most creditor's meetings are scheduled to happen a few weeks after your initial federal filing.
Be prepared for these challenges
It's worth considering that most of the below issues are not sudden or unexpected events. Your bankruptcy attorney may know about and prepare you for these situations during the bankruptcy process and surprises during bankruptcy are very uncommon.
Credit card use: There are rules about how much a filer can charge on their credit cards as well as how much can be taken from the credit card using cash advances. The creditor uses a 90-day "look back" period to help them determine whether or not a consumer used the card for more than the dollar limit allowed. If the consumer did use the card for more than the allowed amount, they have an opportunity to show that the funds or charges were used for a needed item. For example, you may have needed to have your vehicle repaired or an appliance replaced. If the filer can show good cause and that the purchase was not frivolous the charge may be allowed to remain on the bankruptcy.
False information: When you file your bankruptcy paperwork, the facts contained within must be true to the best of your knowledge. Knowingly using false information can lead to your bankruptcy being denied and sometimes criminal penalties. Another way the false information issue can appear is if the creditor alleges that the original credit application contains false information. In other words, you were approved for credit using false information. This might prevent the debt from being included in the bankruptcy.
Improper transference
You are allowed to sell, trade and give away some property before your bankruptcy filing but the rules are very strict and unforgiving if you do so without regard.
Many of these problems can be worked out and your bankruptcy will be allowed to go forward, but be sure to discuss the above with your bankruptcy attorney when filing for chapter 7 bankruptcy.
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