Posts by On Behalf of Giddens & Gatton Law, P.C.

n the prior post in which the topic of bankruptcy discharges in Chapter 7 cases was discussed, it was mentioned that some debts cannot be discharged via bankruptcy. This means that debtors will have to pay some, if not all of certain debts. The following kinds of debt are not subject to discharge: 1. Child…

Generally when someone abandons property, it is assumed that they have decided to leave their own property for someone else to take like a tenant who decides to leave their old lawn mower at their old rented home for use by the next occupant. The term “abandonment” in normal conversation conveys a sense that the…

Once you’ve decided that filing for bankruptcy is the right solution for your financial dilemma, it’s time to choose which type of bankruptcy is appropriate. For most individuals or small business owners, the most obvious choices are Chapter 7 or Chapter 13 bankruptcy. The choice between these two chapters will ultimately depend on your own…

Upon filing a Chapter 7 bankruptcy case, all of the property which is owned by the Debtor filing the case is placed in to the bankruptcy estate. That estate is, during the course of the case, placed under the control of the Trustee. The bankruptcy court appoints a trustee in Chapter 7 cases to oversee…

In a previous blog post, the automatic stay feature of Chapter 7 bankruptcy is discussed. This provides the Debtor who files the Chapter 7 bankruptcy case to immediately enjoy protection from the bankruptcy court to the extent that creditors are enjoined from taking collection measures against the Debtor on their claims while the bankruptcy case…

It is difficult to find any other type of court action a person or entity can file in an American court which has the kind of effect the automatic stay has in bankruptcy cases, including Chapter 7 actions. This feature of Chapter 7 cases makes the idea of filing such a case particularly attractive. What…

Not everyone who finds themselves in a condition of financial distress can necessarily file a Chapter 7 bankruptcy case. Regular wage-earners who clearly want to stay in the home they own may be better suited for Chapter 13 and consider that option. For other individuals they should determine if they meet the eligibility requirements for…

The decision to file for bankruptcy protection under Chapter 7 is a serious one which should only be made after serious consideration and thought as well as consultation with a local bankruptcy attorney. Once a person concludes that Chapter 7 bankruptcy will offer the chance to get a fresh start financially, the next step is…

It has just been announced that the company, Digital Domain Media Group (“Digital Domain”), won approval as a bankruptcy debtor for post-petition financing in its Chapter 11 corporate reorganization. As is the case for many companies undergoing reorganization via the Chapter 11 bankruptcy process, Digital Domain does not merely want to utilize the bankruptcy process…