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Category: Bankruptcy Law

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Can Bankruptcy Stop Your Eviction?

Tenants facing eviction often frantically search for answers to the situation. First and foremost for those in this situation is usually the desire to stay in their home. The need to relieve the pressure of the debt usually comes in a close second and third is a desire to do right by a landlord that […]

Does Business Debt Transfer with the Sale of the Company?

I recently spoke with a young man who had built a business from scratch, experienced a downturn in the industry that left the company overwhelmed by debt and unable to move forward with production expecting to make a profit. He felt his only recourse was to file bankruptcy on the small business. As the sole […]

My Creditors Are Suing Me – Is it Too Late to File Bankruptcy?

If you have put off filing for bankruptcy so long that your creditors are already suing you, you may fear that it is too late to do anything about it. You aren’t alone. Most people wait until the very last minute before they seriously consider bankruptcy as an option. It seems to be human nature […]

What Are the Ramifications of US Credit Card Debt if You No Longer Live in the US?

In a recent online discussion with a distressed woman, I was told the following story. A woman originally from Poland moved to the United States. She was married in the United States in 2009, but quickly realized she had entered into an abusive relationship and needed to get out and far away. Since she was […]

Obtaining Financial Aid & Student Loans After Bankruptcy

If you are a student considering bankruptcy, odds are you have wondered about how filing bankruptcy could affect your future eligibility for student financial aid and student loans. Will a successful bankruptcy affect your ability to obtain future assistance to pay school tuition, purchase books, and cover the costs of living while in school? Does […]

Life After Bankruptcy: When Creditors Forgive, But Don’t Forget

Have you ever loaned a friend or family member money? Maybe it was way back when you were 12 and your 16 year old sister really wanted your babysitting cash because she was headed to California with a friend and REALLY wanted to go shopping at the outlets on the way. Maybe it was last […]

That Old Debt in That Old Bankruptcy Filing

When you file bankruptcy, you are seeking the bankruptcy protection that has helped so many climb out of the deep pit debt can create due to the economy, industry changes, job loss, health complications, family emergencies, etc. Regardless of the reason or reasons behind your bankruptcy filing, you listed all your debts in your paperwork, […]

Bankruptcy & Your Home Business

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 different actions depending upon your […]

Stopping Wage Garnishment During Bankruptcy

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 garnished, you most likely want […]

California Bankruptcy: Can I Keep My Car?

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 loss. Maybe you’ve never been […]

Exiting a Chapter 13 Bankruptcy Plan Early

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 court to develop a plan […]

When Creditors Ignore Your Discharge of Debt

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 by creditors in spite of […]

Selling Your Car Before Filing for Bankruptcy

One of the common issues that occur when someone decides they’d like to consider filing for bankruptcy is that they recently sold their car. In most cases, they did so because they needed the money. They were trying to figure their way out of their financial situation by coming up with additional funds. It seems […]

HOA’s and Bankruptcy: Past Due HOA Dues

The Homeowners’ Association: some love them, some hate them, some put up with them as a necessary evil. Regardless of how or why you ended up in a community that charges homeowners’ association dues or fees, they aren’t something to dismiss out of hand. In fact, ignoring the payment of regularly due homeowners’ association fees […]

A Mixup with the Ex, an Unpaid Debt and a Lien on the House

Sometimes people come to bankruptcy attorneys with particularly sticky situations. One of the most common types of “sticky” situation following divorce comes when unpaid debt of one party affects the other party negatively. In fact, in some cases, the ex’s unpaid debt can result in a lawsuit that can cause a lien to be placed […]

My Ex Filed Bankruptcy and Left Me Holding an Unpaid Medical Bill

Throughout the normal course of life, many of us end up having major medical emergencies, chronic conditions, etc. These situations can leave behind heartache, pain, and…financial disaster in the form of massive medical bills. Sometimes this can lead to bankruptcy. In fact, major medical bills are one of the commonly cited reasons for filing bankruptcy. […]

Bankruptcy Means Test: Can I Deduct My Boat Payment?

A big part of determining eligibility for bankruptcy protection is the means test. So when a bankruptcy petitioner has questions about the means test, we take them seriously. Not only is it vital that all the information is accurate, but it also has to be extremely thorough. When it comes to bankruptcy, a lie of […]

Filing Bankruptcy: When To Stop Making Payments to Creditors

When you decide to declare bankruptcy, you must make a comprehensive list of all creditors to which you owe money. Every one of them must be listed in the paperwork as bankruptcy is designed to treat all creditors fairly in regards to payment and nonpayment. Depending on the petitioner’s specific situation, creditors will be current […]

Addressing the Consequences of Fraud with Bankruptcy

The majority of card fraud occurs in the United States. In fact, research conducted by Barclays indicates that 47% of worldwide card fraud occurs in the U.S. even though we only claim 24% of the worldwide card volume. In 2014, 31.8 million U.S. consumers had their credit cards breached. That is three times the number […]

Bankruptcy Basics: Creditor Access to Consumer Wages & Funds

When a consumer owes a debt, the creditor has the right to collect on the debt. When the consumer cannot pay the debt, there are a number of different scenarios that could occur. For instance, if it is secured debt, such as a vehicle loan, the consumer can return the car stating that they cannot […]