Blogs: Fabricius & Fabricius PLLC, Attorneys-at-Law

Our latest attorney-authored blog posts.

Objections to Discharge or Dischargeability

The bankruptcy discharge is a central concern to most debtors and to many creditors. Without going into the details, the discharge serves to wipe out personal liability on a substantial portion of debts. For most chapter 7 debtors, obtaining a discharge is a primary reason they filed, as it is the instrument of their fresh start. The chapter 13 discharge is similarly important, as is the reward obtained for completing a chapter 13 plan.

Judgments, Judgment-Proof, and Bankruptcy

In essence, money judgments are final orders entered by courts that a defendant in a lawsuit owes a certain sum to the plaintiff. They represent a particular stage of the life of a debt, and might arise from all manner of debts. Consumers are most often faced with judgments when a credit card lender or utility company successfully sues to collect an amount owed, an auto lender obtains a judgment following repossession of car worth less than the money owed, or a mortgage lender obtains a judgment following a foreclosure that fails to pay off the loan. The latter two are known as "deficiency judgments" and on the occasions that they are obtained, often surprise the debtor who thought losing their house or car was the end of that debt.

Is Your Estate Plan Prepared for a Bankrupt Beneficiary?

In these uncertain economic times, many people from all walks of life are turning to bankruptcy to receive the protection they are entitled to under federal law. When planning your estate and drafting a will, one should consider the possibility of a beneficiary declaring bankruptcy. If such a bankruptcy has been filed near in time to your death, your property may go to creditors of a beneficiary instead of your family member, friend, or other beneficiary.


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