Artwork

Content provided by Bankruptcy Law Success Podcast and Bob Hiler. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Bankruptcy Law Success Podcast and Bob Hiler or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
Player FM - Podcast App
Go offline with the Player FM app!

Are Bifurcated Chapter 7s Actually Legal? [Part 1 of 2]

29:52
 
Share
 

Manage episode 329188339 series 1754817
Content provided by Bankruptcy Law Success Podcast and Bob Hiler. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Bankruptcy Law Success Podcast and Bob Hiler or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
If you've ever wondered if bifurcated Chapter 7s are actually legal or not, this is the episode for you. The surprising truth is that after a tidal wave of legal innovation, many bankruptcy lawyers routinely offer zero down Chapter 7s. You just have to follow the arcane rules involving bifurcating your cases into prepetition and postpetition portions. And as it turns out, no judge has ever ruled that a Chapter 7 cannot be bifurcated, so long as it's done correctly. This is part 1 of a 2-part episode, where we start by busting the top three bifurcation myths, including: 1. Why bifurcated Chapter 7s do NOT violate the automatic stay or discharge injunction, even though you're collecting money postpetition from debtors 2. How "saddling" poor debtors with a postpetition payment plan for a bifurcated bankruptcy is way better than the alternative of no traditional bankruptcy at all 3. Why it's a total myth that there are many US Trustee enforcement actions that prove that bifurcated Chapter 7s are illegal I also go over the 5 specific mistakes you need to avoid in order to get into hot water with the US Trustee. Finally, if you'd like to get my Bifurcation Case Law Summary for free, you can sign up here: https://bklawsuccess.com/caselaw/
  continue reading

21 episodes

Artwork
iconShare
 
Manage episode 329188339 series 1754817
Content provided by Bankruptcy Law Success Podcast and Bob Hiler. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Bankruptcy Law Success Podcast and Bob Hiler or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.
If you've ever wondered if bifurcated Chapter 7s are actually legal or not, this is the episode for you. The surprising truth is that after a tidal wave of legal innovation, many bankruptcy lawyers routinely offer zero down Chapter 7s. You just have to follow the arcane rules involving bifurcating your cases into prepetition and postpetition portions. And as it turns out, no judge has ever ruled that a Chapter 7 cannot be bifurcated, so long as it's done correctly. This is part 1 of a 2-part episode, where we start by busting the top three bifurcation myths, including: 1. Why bifurcated Chapter 7s do NOT violate the automatic stay or discharge injunction, even though you're collecting money postpetition from debtors 2. How "saddling" poor debtors with a postpetition payment plan for a bifurcated bankruptcy is way better than the alternative of no traditional bankruptcy at all 3. Why it's a total myth that there are many US Trustee enforcement actions that prove that bifurcated Chapter 7s are illegal I also go over the 5 specific mistakes you need to avoid in order to get into hot water with the US Trustee. Finally, if you'd like to get my Bifurcation Case Law Summary for free, you can sign up here: https://bklawsuccess.com/caselaw/
  continue reading

21 episodes

All episodes

×
 
Loading …

Welcome to Player FM!

Player FM is scanning the web for high-quality podcasts for you to enjoy right now. It's the best podcast app and works on Android, iPhone, and the web. Signup to sync subscriptions across devices.

 

Quick Reference Guide