Cara O'Neill

Cara O'Neill

Attorney · University of the Pacific McGeorge School of Law

More Articles by Cara O'Neill

Articles 21-30 out of 138

Should I Still Pay My Mortgage if I'm Filing for Bankruptcy?
Whether you must pay your mortgage in bankruptcy depends on whether you want to keep the home. Learn when a lender can foreclose in bankruptcy, and the requirements you must meet to prevent a home loss.
Filing Bankruptcy After Moving to Another State or District
You can file for bankruptcy in your new state as soon as 91 days after moving there. However, you'll wait at least two years before using the current state's exemption laws to protect property.
Chapter 13 Bankruptcy and the 910 Day Rule on Car Loans
Understanding how the 910-day rule applies to car loans in Chapter 13 bankruptcy could save you money and allow you to reduce your car loan's balance to the car's actual value.
Keeping Property in Chapter 7 by Reaffirming Secured Debt
Chapter 7 eliminates creditor contracts, including those with mortgage and car loan lenders. If you want to keep the debt, you can enter into a new contract, known as a "reaffirmation" agreement. Learn why you might do so.
How Long After Filing for Bankruptcy Can I Take Out a 401k Loan?
Learn why taking a loan from a 401k retirement fund before bankruptcy will cause the money to lose its protected status, making it challenging to keep it in bankruptcy.
What Happens With a HELOC in Bankruptcy?
A home equity line of credit, or "HELOC," is a line of credit borrowed on an “as needed" basis. Learn why a HELOC is treated differently in bankruptcy depending on the chapter filed and whether you can or want to keep the home securing it.
Bankruptcy Clawbacks of Preferential & Fraudulent Transfers
The bankruptcy trustee can get back money paid before bankruptcy to a creditor or through a property transfer using a “clawback” procedure. Learn what constitutes a void preferential or fraudulent property transfer in bankruptcy.
Are Cosigners Liable for My Debt If I File for Chapter 13 Bankruptcy?
Unlike Chapter 7, Chapter 13 protects cosigners from collection because the cosigned debt is addressed within the Chapter 13 plan. Learn how.
Converting a Bankruptcy Case from Chapter 13 to Chapter 7
If you can’t afford to make your Chapter 13 plan payments any longer, you might be able to convert your case to Chapter 7 bankruptcy. However, you could lose property. Learn more.
Preferential Debt Payments in Bankruptcy
Preferential debt payment rules exist to unwind transactions that occurred before the bankruptcy. This "clawback" procedure ensures that creditors receive the amount they’re entitled to by bankruptcy law.
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