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Bankruptcy Issues

Divorce Decree v. Bankruptcy: Which Determines Final Debt Liability?

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 issues

Chapter 7 Bankruptcy Questions: Can I Keep My Car When I File?

One of the common reasons that people have for putting off filing for Chapter 7 bankruptcy even though it is their only choice in their given financial situation, is that they want to keep their car. Most even go so far as to say that they NEED to keep their ...
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bankruptcies

What Happens When You Miss a Chapter 13 Bankruptcy Payment?

A Chapter 13 bankruptcy is often referred to as a reorganization bankruptcy. It allows people who see a regular income to create a plan to repay all or a designated part of their debt through the bankruptcy court and the assistance of a bankruptcy trustee. Under the Chapter 13 bankruptcy, ...
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bankruptcy and home business

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 ...
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bankruptcy

Does a Quit Claim Deed Provide Release from a Mortgage Note?

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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Bankruptcy Issues

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 ...
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bankruptcy

Can a Bench Warrant be Issued for Failing to Show up for a Debtor Exam?

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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bankruptcies

Wage Garnishment After Filing for Bankruptcy

No one likes his or her wages to be garnished and everyone wants money that was garnished to be returned. Those are just the facts. But depending on when your wages were garnished, what stage of the transfer process the funds were at when they filed, and whether or not ...
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automatic stay

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 ...
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bankruptcy

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 ...
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