Damon Duncan, Author at Duncan Law

Bankruptcy Basics

How Much Debt Can I Have When I File for Bankruptcy?

September 16, 2010

http://www.youtube.com/watch?v=0JKDwQe-6oU . Every potential bankruptcy client has a different amount of debt owed. Even the type of debt varies from debtor to debtor – some debtors have almost all credit card debt, while others may have almost all medical bills. A common question that potential bankruptcy clients have is whether their bankruptcy will be denied … Read more

Bankruptcy Basics

Do I Have To Be A U.S. Citizen to File for Bankruptcy?

September 13, 2010

Surprisingly, being a citizen of the United States is not required to file for bankruptcy. The U.S. Bankruptcy Code does not have a citizenship requirement. However, you still need to establish residency in the state where you plan to file bankruptcy.

Bankruptcy Basics

Will Bankruptcy Stop Creditor Phone Calls and Harassing Contact?

September 10, 2010

Yes, once a person has case number after filing either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, a creditor is prohibited from trying contact the debtor in any attempt to collect a debt.

Workers' Compensation

How Do Attorney's Fees Work in a Worker’s Compensation Case?

September 8, 2010

Most attorneys’ fees in a workers’ compensation case are based upon a contingency fee arrangement between the attorney and the injured worker. A contingency fee arrangement is when an attorney agrees to provide legal services to the injured person and is usually only paid in the event the injured worker is successful in their case.

Bankruptcy Basics

Can I Get Fired From My Job For Filing Bankruptcy?

September 6, 2010

The short answer is, no. Federal law prohibits an employer to discriminate against you for your declaring bankruptcy. According to 11 U.S.C § 525 (a) and (b), no governmental unit or private employer may “…terminate the employment of, or discriminate with the respect of employment someone who is or has been a debtor under this title…” In other words, you can’t be fired from your job simply because you have filed for bankruptcy.

Chapter 13 Bankruptcy

Can I Eliminate a Second or Third Mortgage by Filing Bankruptcy?

September 3, 2010

If you are like many people, your home is not worth what it was a few years ago. With the downturn of the economy, the value of your house has decreased. Suddenly, you are “upside down” on your home and the sales price is not enough to pay off the first, second and sometimes third mortgage on your home. Bankruptcy may help you get rid of the second or third mortgage.

Workers' Compensation

Can I See My Own Doctor If I’m Injured at Work?

September 1, 2010

In a workers’ compensation case you are not able to choose your own doctor. As a general rule, your employer has the right to choose a doctor to treat your injuries. The doctor chosen does not have to be your own personal doctor and is, instead, likely to be a doctor that your company regularly uses.

Bankruptcy Basics

Should I Stop Using Credit Cards If I’m Going to File Bankruptcy?

August 30, 2010

Generally speaking, yes. It is not mandatory to stop using your credit cards before filing for bankruptcy but you should use them wisely and, ideally, you should stop using them. If charges to your credit cards have been made to purchase luxury items within 180 days prior to you filing the bankruptcy you would need to wait to file.

Bankruptcy Basics

What to Expect at the Creditors’ Meeting

August 27, 2010

Whether you are filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, you will be required to attend a creditor’s meeting (also known as a 341 Meeting of Creditors). The Court schedules the date and time of your creditors meeting after your bankruptcy has been filed and a bankruptcy Trustee has been assigned to your case.

Bankruptcy Basics

Will I Lose My Retirement If I File for Bankruptcy?

August 25, 2010

Generally speaking, no. However, there are always exceptions.

Most retirement plans are ERISA qualified, which stands for Employee Retirement Income Security Act of 1974. This law was enacted to protect your retirement accounts from risky investments by your employer or plan administrator. If the plan is ERISA qualified, then your bankruptcy Trustee cannot seize your retirement money to pay your creditors.

Articles by Damon Duncan

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