Skip to main content
Clint Spencer Dunaway
Avvo
Pro

Clint Dunaway’s Legal Guides

33 total

  • When I file for Bankruptcy do I send notice to my creditors?

    When I File for Bankruptcy do you send notice to my creditors? Actually, when you file for bankruptcy neither you nor your attorney send the Notice of Bankruptcy to your creditors. The bankruptcy court itself is the one that sends notice of your bankruptcy filing to all of your c...

    Read more 

  • What is the Automatic Stay of Bankruptcy?

    The Automatic Stay of Bankruptcy is an injunction that automatically stops lawsuits, foreclosure, garnishments, and most collection activity against the debtor the moment a bankruptcy petition is filed. This automatic stay is the equivalent of a restraining order that prevents cr...

    Read more 

  • Am I allowed to keep any credit cards I had prior to filing bankruptcy?

    Most likely you will not be able to keep any of your credit cards after filing bankruptcy. If a credit card has a balance then it must be listed in the bankruptcy. The credit card company will then be notified that you filed for bankruptcy and close down that account. Now, if the...

    Read more 

  • 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 ...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more 

  • 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 ...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more