Debts Built on Lies Survive Bankruptcy: The Middle District’s Beller Decision
“Will all of my debts go away?” It’s the first question in almost every bankruptcy consultation, and the honest answer is: most of them, but not all of them. One of the oldest exceptions is for debts obtained by fraud — and the Middle District of Pennsylvania’s most recent written opinion, decided just last month, […]
Good Faith Is Not Optional: A Chapter 13 Case Dismissed With a Two-Year Filing Bar
Bankruptcy law has a phrase for the people it’s built to protect: the “honest but unfortunate debtor.” If you’re honest, the system is remarkably forgiving. If you’re not, the consequences can follow you for years — and a Middle District of Pennsylvania decision, In re Plevyak, is about as clear an illustration as you’ll find […]
Your Mortgage Company Can’t Block You From Amending Your Bankruptcy Schedules
Something not enough bankruptcy filers are told: the paperwork you file at the start of your case is not set in stone. If you discover something later — an asset you forgot, a debt you missed, or, as in a recent Middle District of Pennsylvania case, a legal claim you didn’t know you had — […]
Keeping Your Car in Chapter 7 by Paying Its Value: What the Bowman Case Teaches
Here’s a question I get from Chapter 7 clients all the time: “I owe way more on my car than it’s worth. Can I just pay the lender what the car is actually worth and keep it?” The law gives you that tool — it’s called redemption, under 11 U.S.C. § 722. But a decision […]
