Category: Bankruptcy Issues Archive
Legal Separation’s Effect on Bankruptcy
Justin Harelik
December 21, 2016
Many people experience extreme financial distress during the same period when they are experiencing equally extreme distress in their relationship. We aren’t here to discuss if one situation is a catalyst for the other, but to outline how a legal separation alters the affect of bankruptcy on the filer and ...
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I Filed Bankruptcy…Can I Sell My House Now and Keep My Equity?
Justin Harelik
December 19, 2016
There are a lot of questions that need answers before the decision to file bankruptcy. There are a lot of questions that come up during the bankruptcy process. And there are more questions that crop up once the bankruptcy is closed and the discharge is received. One common “post-bankruptcy” question ...
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Divorce Decree v. Bankruptcy: Which Determines Final Debt Liability?
Justin Harelik
December 16, 2016
Meet Dawn and Jared. Dawn and Jared were high school sweethearts. They got married during college. Dawn eventually became a lawyer and Jared eventually became a doctor. By the time they got divorced, they hardly saw each other because they were both so busy and had such different priorities and ...
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Bankruptcy & Your Home Business
Justin Harelik
November 23, 2016
If you run a small business from your home, you’re probably wondering if you need to include it in your bankruptcy filing. If you are declaring Chapter 7 bankruptcy on your personal debts, do you have to get your small business involved? This is another specific situation that may require ...
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Does a Quit Claim Deed Provide Release from a Mortgage Note?
Justin Harelik
November 18, 2016
Being an adult is hard sometimes. And one of those times occurs when there’s a shortage of money, relationships have ended, property has been divided (theoretically) and someone is filing bankruptcy. In some cases, it can seem like you’re being pressured from all sides to do something that you don’t ...
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Stopping Wage Garnishment During Bankruptcy
Justin Harelik
November 14, 2016
Wage garnishment can cause major financial trouble. For those already considering filing for bankruptcy, it can be a catastrophe. That’s why it’s so important to know your rights regarding wage garnishment, bankruptcy, and stopping wage garnishment during bankruptcy. If you have filed for bankruptcy and your wages are still being ...
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California Bankruptcy: Can I Keep My Car?
Justin Harelik
November 11, 2016
If you file for bankruptcy, do you have to give up your car? This is one of the two most commonly asked questions by potential bankruptcy petitioners, the other being about the loss of the house. In some cases, the bankruptcy has been postponed out of fear of this particular ...
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Can a Bench Warrant be Issued for Failing to Show up for a Debtor Exam?
Justin Harelik
November 9, 2016
At times, consumers just like you get in touch with very specific cases that they are sure no one else has ever had to deal with. In almost every instance, it is not the first time the question has been posed. For instance, can a bench warrant be issued for ...
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Exiting a Chapter 13 Bankruptcy Plan Early
Justin Harelik
November 2, 2016
The Chapter 13 bankruptcy is designed for bankruptcy petitioners who have a regular income. The Chapter 13 allows a debtor to keep property and pay debts back over a predetermined period of time, usually 3-5 years. It’s often referred to as a wage earner’s plan. Petitioners work alongside the bankruptcy ...
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When Creditors Ignore Your Discharge of Debt
Justin Harelik
November 1, 2016
The purpose of filing for Chapter 7 bankruptcy is to immediately enact the automatic stay and eventually obtain the discharge of debt. What happens when you go through legal channels to obtain both these powerful protections through bankruptcy filing and creditors ignore their legal implications? If you are being harassed ...
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