Tom Scott & Associates, P.C.

Can I stop bill collectors from calling me?

The moment a bankruptcy case is filed the law requires that creditors stop all … [continue]

Can I keep my car or truck?

Yes, there are several different chapters of bankruptcy and we will make sure … [continue]

Can I eliminate my credit card debt?

Yes, upon completion of a bankruptcy your credit card debt will be discharged … [continue]

Can I discharge medical bills?

Yes, just like credit cards, the successful completion of a bankruptcy will … [continue]

Additional Bankruptcy Cases to Consider Regarding Estate Property

#7 of 8 in Series — Previous Article #6: Cause of Action Assets Must Be Disclosed Whether Property of Estate or Debtor Here are four additional bankruptcy cases to consider regarding property of the estate: Case #1: In the Matter of Peebles (Case. No 09-60792, Bankr. Court, SD Georgia, Sept. 26 2013) Inheritance is not […]

Cause of Action Assets Must Be Disclosed Whether Property of Estate or Debtor

#6 of 8 in Series — Previous Article #5: Chapter 7 and Chapter 13 Bankruptcy Codes Conflict Under the estate transformation approach, it would appear that any after acquired asset would not become property of the estate unless that property would be necessary to complete the terms of the plan. As an example, if a […]

Chapter 7 and Chapter 13 Bankruptcy Codes Conflict

#5 of 8 in Series — Previous Article #4: Judicial Estoppel Normally Used to Prevent Conflicting Litigation In the vast majority of consumer cases, assets are easily identifiable and can be listed and valued on schedules A and B with limited investigation. However, one asset that may be both difficult to identify and value is […]

Judicial Estoppel Normally Used to Prevent Conflicting Litigation

#4 of 8 in Series — Previous Article #3: Debtor Responsible for Accuracy of Bankruptcy Filing Regardless of Legal Advice Judicial estoppel “is an equitable concept providing that a party who prevails on one ground in a lawsuit may not in another lawsuit repudiate that ground.” United States v. Christian, 342 F.3d 744, 747 (7th […]

Debtor Responsible for Accuracy of Bankruptcy Filing Regardless of Legal Advice

#3 of 8 in Series — Previous Article #2: Debtor in Bankruptcy Must Disclose All Assets and Liabilities or Risk Severe Penalties In the vast majority of consumer cases, assets are easily identifiable and can be listed and valued on schedules A and B with limited investigation. However, one asset that may be both difficult […]

Debtor in Bankruptcy Must Disclose All Assets and Liabilities or Risk Severe Penalties

#2 of 8 in Series — Previous Article #1: What Constitutes Property of the Estate in Chapter 13 Bankruptcy and What are the Consequences of Failing to Amend the Schedules? Debtor Has Duty to Disclose All Assets and Liabilities at Start of Bankruptcy Case Regardless of whether an asset is property of the estate or […]

What Constitutes Property of the Estate in Chapter 13 Bankruptcy and What are the Consequences of Failing to Amend the Schedules?

#1 of 8 in Series Property of the Estate in Bankruptcy: Difference between Chapter 7 and Chapter 13 The goal of any chapter of bankruptcy is to try and settle debt with creditors. The difference between chapters 7 and 13 is how creditors go about looking for money. Ch13 is a wage-earner plan, in that […]

$20,000 Contempt Penalty Because Mother Hurt Father’s Credit Should Be Dischargeable In Bankruptcy

*Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott & Associates, P.C. and John M. Hauber, are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Q: A state court judge orders the mother to pay the father $20,000.00 following a contempt hearing as […]

Discharging Property Settlements in Divorce Cases: Chapter 13 and Why to File – Overview of Bankruptcy, Part 8

By John M. Hauber; Series #13 0f 13 *Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott & Associates, P.C. and John M. Hauber, are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. The previous article in this Overview of Bankruptcy series discussed […]

Stripping Off Wholly Unsecured Mortgages: Chapter 13 and Why to File – Overview of Bankruptcy, Part 7

By John M. Hauber; Series #12 0f 13 *Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott and Associates, P.C. and John M. Hauber, are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Our last post took a brief look at how to […]