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Notice of foreclosure legal document with a house key, illustrating how the foreclosure-rise requires Chapter 13 bankruptcy to save the home. Bankruptcy.blog.
Insights & Analysis

Foreclosure Rise Continues: Chapter 13 Bankruptcy Saves Homes

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Cartoon illustration of the boiling frog analogy: one frog is comfortable in cold water, the other is panicking in hot water. (bankruptcy.blog)
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The Tariff Tax: The “Largest U.S. Tax Hike” in 30 Years as Bankruptcies Surge

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Chapter 13 Bankruptcy petition form with a pen, covering hardship discharge requirements and rules. Bankruptcy.blog
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Red tractor planting crops under dramatic light, illustrating the Chapter 12 bankruptcy crisis caused by failed tariff policies and farmer bailouts. bankruptcy.blog
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Credit report showing an "Excellent" score of 765, glasses, and a keyboard. Overlay text includes the keywords "rebuild your credit" and the website "Bankruptcy.blog".
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Cover photo for the Bankruptcy.blog post showing a gavel on a book labeled "BANKRUPTCY LAW," symbolizing the Rule 2004 Examination and discovery in federal bankruptcy court.
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Cover photo for Bankruptcy.blog post showing a close-up of the official Schedule J form to minimize disposable income and avoid Chapter 7 dismissal.
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Close-up of a legal document titled "LAWSUIT" and "Summons" with two pens resting on it, next to an open law book. The image illustrates the need to respond to a creditor lawsuit before you file bankruptcy. Image includes a watermark for Bankruptcy.blog
Bankruptcy

Navigating a Creditor Lawsuit: The Strategic Use of Filing an Answer Before Bankruptcy

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Gavel, pen, and calculator resting on a Voluntary Petition for Individuals Filing for Bankruptcy, illustrating the Chapter 13 bankruptcy to Chapter 7 bankruptcy conversion strategy to save-home. Image by Bankruptcy.blog.
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Advanced Bankruptcy Strategy: Using Chapter 13 to Save Your Home, Then Converting to Chapter 7

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Gavel and scales of justice, representing bankruptcy court procedure and the Suggestion of Bankruptcy. [bankruptcy.blog]
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Close-up of a 'PETITION FOR BANKRUPTCY' form with a pen resting on it, next to a column of numbers. White text on a blue background reads 'Filing the Proof of Claim' and 'Bankruptcy.blog'.
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A person holding a credit card over a laptop screen displaying a "Black Friday Limited Time Offer" with "Start Shopping" button, symbolizing the temptation and risks of Black Friday purchases that could lead to bankruptcy fraud. Source: bankruptcy.blog.
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Black Friday & Bankruptcy: The Dangers of Using Credit Cards Before Filing

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Approved car loan application and car key with a keyfob. A debtor in Chapter 13 bankruptcy must still get court approval before signing. (bankruptcy.blog)
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A close-up image of a Chapter 13 Bankruptcy court form lying on a wooden desk next to a judge's gavel. The bold text "CHAPTER 13 BANKRUPTCY" is prominently featured on the document, symbolizing the start of a Chapter 13 payment plan. The bottom of the image includes the watermark: Bankruptcy.blog.
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The Surprise Chapter 13 Bankruptcy Debtors Rarely See Coming: The Plan Payment is Not Permanent

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A dark, ominous red cityscape representing the perfect financial storm. Text overlay reads "FINANCIAL CRISIS." The image illustrates the blog post's analysis of record debt, AI job threats, and policy tariffs, linking to Bankruptcy.blog.
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The Perfect Financial Storm is Here

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Travel bans, AI job losses, and tariff policy are creating a ‘perfect storm.’ Learn how record household debt is driving U.S. foreclosures and bankruptcy filings among businesses and consumers.

Financial graph overlaid with a red filter and the American flag, showing a large red downward arrow, symbolizing the economic crisis, the debt-bankruptcy-lag-surge-filings, and the warning from Bankruptcy.blog
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Why Record Debt $18.59T Guarantees a Bankruptcy Surge in 2026

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Interior of an American Signature Furniture showroom, illustrating the business continuing operations despite the bankruptcy filing and pending customer orders as seen on bankruptcy.blog.
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American Signature Files for Bankruptcy, Your Order, and My Furniture Industry Forecast

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FCRA (Fair Credit Reporting Act) legal book standing next to a gavel and stacked law books, symbolizing expertise in credit repair and consumer bankruptcy law. Branding for Bankruptcy.blog is visible at the bottom.
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Free FCRA Sample Letters: Dispute Credit Report Errors Yourself (Attorney Approved)

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Image showing a business person pushing a credit score dial from bad to good, illustrating the effort required to fix credit. The image relates to consumer warnings against credit repair organizations as seen on Bankruptcy.blog
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BankruptcyView All

Nondischargeable debts (11 U.S.C. § 523): Professor's legal analysis showing a gavel and chained credit cards.
Bankruptcy

Understanding Nondischargeable Debts in Bankruptcy

Alexander Hernandez 7 min read

Bankruptcy doesn’t eliminate all debts; criminal fraud, back taxes, and domestic support obligations are non-dischargeable.

Hey there, welcome to another podcast episode. Today’s topic is what happens when you file for bankruptcy and what happens at the 341 meeting of creditors when Chapter 7 or Chapter 13 bankruptcy is filed. So you've heard that term, 341 meeting of creditors, hundreds of times by now. You’ve come across it researching online. So, let's get into the weeds on this issue. First, I need you to understand that this is not your normal hearing. Whatever you've seen on TV with lawyers being adversarial with the witness who falls apart on the stand within minutes makes for great TV, but it’s not reality. A 341 meeting is most likely the complete opposite of what you would expect in a formal legal proceeding. This means there's no judge. Judges are prohibited under the Bankruptcy Code from attending the 341 meeting of creditors. So there’s no judge issuing rulings, telling the witness they will be held in contempt of court for refusing to answer the question. You will see none of that. So you can forget about a jury as well. Also, are you ready for this one? Even though it’s called the meeting of creditors, chances are you won’t see any creditors there. I’m being serious. I’m not exaggerating. I can’t remember the last time I saw a creditor at the 341 hearing. The bankruptcy trustee will be there and ask general questions about the bankruptcy petition. The questioning lasts approximately five minutes. In Miami, after so many years of practicing law and developing relationships with the bankruptcy trustees, some trustees only had my clients swear in. I would announce my appearance, and the trustee’s only question would be if any creditors were present. That should show how things are somewhat different with bankruptcy. If a creditor does appear, typically an individual who received notice, and while the trustee will allow some questioning of the debtor, more than two minutes would be surprising. Creditors can take other measures, such as seeking a 2004 examination, which is similar to a deposition. If a creditor wants to object to the discharge of the debt, they will file an adversary. I did write a blog on Rudy Giuliani, actually several, where the next step creditors were likely to take was the adversary proceeding to object to the discharge of the defamation lawsuit. Fast forward. His case was dismissed since he wasn’t cooperating with providing documents. So now you know there’s no judge or jury, so where is the meeting of creditors hearing held? That depends on where you are. If you're in Colorado, which only has one district, you won’t be driving three hundred miles to attend any hearings. The hearings could take place anywhere. For example, I know that 341 meetings are held at a university in Farmington, New Mexico. I believe in Colorado Springs, it’s at City Hall. In other cities, it might be a trustee’s office. Of course, these are smaller districts. In major cities like Miami and Jacksonville, it’s usually at the courthouse but a separate room since the judge can't attend. What You Need to Bring to the Creditor’s Meeting Please. Please. Please take your driver’s license and original Social Security card if you want to save money. Why save money? Because if your lawyer has to go to attend a second hearing because you did not bring them those two forms of ID, trust me, you will be billed additional attorney’s fees. We bill by the hour. It is no different than getting paid by the hour by your employer. So, if we have to go to a second hearing, it will cost you between $150 to $500.00. So keep that in mind. I know you're nervous and stressed out, but take it from me: it's not a big deal. The hearings tend to be laid back. I suggest you get there early. Nowadays, the meeting of creditors is conducted remotely. Usually by phone, but a trustee could require an in-person appearance. If that's the case, the hearing notice provides a code to access the hearing. Do so early, or even consider listening in on another hearing. It could be another trustee. It doesn't matter since they tend to ask the same questions. There is a blog post where I review the questions asked by the trustee. You can read that blog post via this link. As to your original Social Security card, your tax returns aren’t going to work. I know that back in the day, for whatever odd reason, we older folks carried around our Social Security card in case it was needed, as if an emergency job was going to be offered. It's weird, if not ridiculous, but back in the day, that's how we rolled. So, for the next generation, please don't make fun of us. What Questions Are Asked at the 341 Meeting of Creditors Now, do read the link with the specific questions asked at the creditor’s meeting, as I’m only going to go over the basics in this post. Some of the questions you can expect are usually the bankruptcy trustee will ask if you signed the petition freely and voluntarily and if it was explained to you by your lawyer. In Miami, most of my clients only spoke Spanish or that was their predominant language. So, if there’s an interpreter, the trustee will confirm if the petition was translated from English to Spanish. A trustee will likely ask if anybody owes you money. Why, well, if you answer, “Yes, my uncle owes me $10,000.” Trust me, the trustee will go after your uncle for those funds as they belong to the bankrupt estate. The trustee usually asks if any changes to the petition are required. I blogged on that issue and how to resolve the issue. Mostly, if there’s anything I want you to take away from this podcast more than anything else is that a meeting of creditors is nothing like divorce court, criminal cases, etc. It’s not adversarial. The overwhelming majority of trustees are friendly people. They're very calm. They're very relaxed. Yes, there are exceptions. Trust me, I’ve had to deal with a few. But knowing the process should put you at ease. So calm down. Take a deep breath. Relax. If you're doing this remotely, burn some scented candles or incense. Do whatever you have to calm yourself down. By the way, speaking of scented candles, I posted on X today that I attempted to make coffee-scented candles. It didn’t work, but then again, my wife says the house does smell like coffee. Any comments? Feel free to reach out to me social media. Take care. Be safe. A person in a business suit with their back to the camera, raising their right hand as if taking an oath, with the text ‘What Happens at the 341 Meeting of Creditors’ prominently displayed above and the source ‘Bankruptcy.Blog’ at the bottom emphasizing hearings with the trustee or judge.
Bankruptcy

Understanding 341 Meeting of Creditors in Bankruptcy: What to Expect

Alexander Hernandez 8 min read
A close-up view of a severe collision between two cars, illustrating the financial damage and liability from a car accident that often requires driver's license reinstatement after bankruptcy.
Bankruptcy

Car Accident Debt and Your Driver’s License: Can Bankruptcy Get You Back on the Road?

Alexander Hernandez 5 min read
A silver car with significant front-end damage is being towed away at night in an urban setting. The aftermath of the accident highlights potential legal and financial implications, such as a car accident lawsuit, the need for a car accident lawyer, and the risk of bankruptcy stemming from associated costs. The url ‘Bankruptcy.blog is visible across the bottom.
Bankruptcy

Understanding Bankruptcy and Car Accident Lawsuits

Alexander Hernandez 4 min read
An open sign hanging on a weathered wood wall, welcoming visitors to a bankruptcy attorney office. The sign is from Bankruptcy.Blog.
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Understanding Bankruptcy: Launching the Podcast Journey

Alexander Hernandez 3 min read

Debts & Dollars