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By Minden Lawyers, May 24 2018 11:49PM

My revocable living trust will not protect my assets in a bankruptcy.

Answer: True. A revocable living trust created by you does not provide relief or protection against creditors in bankruptcy.

Nothing stated herein constitutes the giving of legal advice. Every case is different. If you are dealing with a legal matter, call an attorney to discuss your specific case.

By Minden Lawyers, Oct 12 2017 07:08PM

A bankruptcy filing will stay on my credit report forever.

Answer: False. Under the Fair Credit Reporting Act, credit reporting agencies may not report a bankruptcy case on a person's credit report after 10 years from the date the bankruptcy case is filed. A Chapter 13 bankruptcy case may be removed from reporting on your credit reports after seven years, according to the policies of the members of the Associated Credit Bureaus, as an effort by them to persuade individuals to file a Chapter 13 bankruptcy rather than a Chapter 7 bankruptcy.

Nothing stated herein constitutes the giving of legal advice. Every case is different. If you are dealing with a legal matter, call an attorney to discuss your specific case.

By Minden Lawyers, Sep 14 2017 10:58PM

Filing a personal Chapter 7 bankruptcy will discharge debt obligations that may arise from my personal guarantee or cosignature for someone else.

Answer: True. Bankruptcy can discharge debts on which you are a co-signer or guarantor for another person or business entity. Furthermore, discharging your personal guarantee or cosigning of the debt for another person or entity will not cause the principal borrower under the loan to be in default on the loan. A common example, is a parent that cosigns on a vehicle loan for their child. The parent files bankruptcy, that debt as to the parent may be discharged in the parent’s bankruptcy but does not impact the child's rights to retain the vehicle and to continue paying under the terms of the automobile loan agreement, so long as the child is in compliance with all remaining terms and conditions of the agreement.

Nothing stated herein constitutes the giving of legal advice. Every case is different. If you are dealing with a legal matter, call an attorney to discuss your specific case.

By Minden Lawyers, Aug 17 2017 08:34PM

Law enforcement officers always tell the truth.

To Protect and to Serve” is a very difficult job. Most law enforcement officers (“LE”) are highly trained, care about their jobs, and obey the law. When investigating crime, LE have many tools, including the lawful ability to be untruthful with those with whom they are speaking. Yes, LE can, and will, lie if doing so furthers their investigation.

We all have an interest in a safe and secure community. If you have information that may help LE solve a crime, share it. However, if you may have done something wrong, LE is probably NOT your friend. If an officer says something like “the witnesses all saw you do it,” that may or may not be true. LE may be lying to you to get you to admit things that you shouldn’t. Keeping your mouth shut, followed by calling an attorney, is the best thing you can do.

“Nothing stated herein constitutes the giving of legal advice. Every case is different. If you are dealing with a legal matter, call an attorney to discuss your specific case.”

By Minden Lawyers, Jul 28 2017 03:13PM

If I am married, my spouse has to file bankruptcy with me.

Answer: False. In many cases, it may make sense for both spouses of the marriage to file bankruptcy jointly, but there is no legal requirement that you have to do so. In fact, there are situations where it may make more sense for only one spouse to file bankruptcy, such as when all of the debt or a vast majority of the debt is in one spouse's name only.

Nothing stated herein constitutes the giving of legal advice. Every case is different. If you are dealing with a legal matter, call an attorney to discuss your specific case.

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