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Clint Spencer Dunaway
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Clint Dunaway’s Legal Guides

33 total

  • Can I File for Bankruptcy?

    In a manner of speaking, yes, anyone can file for bankruptcy. What chapter of bankruptcy you qualify for depends on your specific situation. In October 2005, a massive change took place in the U.S. bankruptcy code. Congress passed the Bankruptcy Abuse Prevention and Consumer Prot...

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  • How do I know if I Qualify for a Chapter 7 Bankruptcy?

    Determining whether or not a person can qualify for a Chapter 7 bankruptcy is one of the most complex areas of consumer bankruptcy. The means test is used to determine who can file for Chapter 7 bankruptcy or who must file a Chapter 13. The means test was introduced to the Bankr...

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  • Can Bankruptcy Help with my Underwater Car?

    Absolutely, bankruptcy can help if you owe more on your car than it is worth. Lets take a look at how it can specifically help. Chapter 7 722 Redemption: Filing for Chapter 7 bankruptcy can allow you to reduce the amount you owe on your vehicle. Through a 722 redemption you ca...

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  • Can I Include My Student Loans in Bankruptcy?

    Generally speaking student loans are not dischargeable in bankruptcy. The US Bankruptcy Code at 11 USC 523(a)(8) provides an exception to bankruptcy discharge for education loans. However, student loans may be discharged if you can show that payment of the debt will impose an und...

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  • Does My Spouse Have to File Bankruptcy? What If We Are Considering Divorce?

    It is legally possible for a married person to file bankruptcy individually but there are several issues that you need to be aware of especially if you live in a community property state. Community property laws state that generally speaking whatever is accumulated during marriag...

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  • Chapter 13 vs. Chapter 11

    There are many similarities and many differences between Chapter 13 and Chapter 11 of bankruptcy. Chapter 13 bankruptcies are available for individuals and sole proprietorships but not corporations. Chapter 11 bankruptcy is available for businesses and individuals with very large...

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  • Do I have to go through a credit counseling course to file bankruptcy?

    Beginning in October 2005, everyone filing for bankruptcy must go through a government-approved credit counseling program before filing bankruptcy. Who Must Complete the Credit Counseling Course? Generally speaking all individuals filing for bankruptcy must complete the credit ...

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  • I Filed Bankruptcy in the Past, Can I File Again?

    Yes, you can file bankruptcy even if you have filed in the past; however, there may be a required waiting period you must first meet before you can file again. The waiting period depends on what chapter of bankruptcy you filed previously and what chapter of bankruptcy you would l...

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  • Secured vs. Unsecured Loans

    Unsecured Debt Unsecured debt is debt that is not guaranteed or backed by any collateral. Essentially this means that if you default on an unsecured debt there is nothing that the creditor can take from you to recoup their losses. Interest rates tend to be higher on unsecured deb...

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  • Will Any Creditors Appear at My 341 Hearing?

    It is highly unlikely that any creditors will appear at your 341 hearing. Though creditors are given the opportunity to appear and ask questions they rarely do so. Approximately 30 to 45 days after your bankruptcy case is filed, you will need to attend a 341 hearing. The hearing ...

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