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Bankruptcy Issues

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 ...
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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 Issues

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 ...
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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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Bankruptcy Issues

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 ...
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Bankruptcy Issues

Having Your Wages Garnished for a Debt Discharged Through Bankruptcy

The purpose of filing for bankruptcy is to get out from under an impossible amount of debt. In fact, when filing Chapter 7 bankruptcy, a successful ending will find the bankruptcy petitioner holding a discharge of debt that does just that. It discharges all eligible debt associated with the bankruptcy. ...
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Bankruptcy Issues

I Owe More Than My Motorhome is Worth: What Should I Do?

We’ve all made mistakes. And we’ve all made good decisions that in the long run, had negative consequences. No matter how we go about predicting the future: algorithms, statistics, tarot cards…sometimes we’re wrong because the future has a way of coming at you when you least expect it. Sometimes the ...
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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 ...
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assuming spouse’s debt

Planning Your Bankruptcy…and Your Wedding?

When planning your wedding, hopefully debt and bankruptcy and financial trouble don’t need to be a part of the discussion. In a perfect world, the conversation would revolve around the flowers, the dress, the venue, the guest list, and…the wedded bliss soon to come! But sometimes, affianced couples DO have ...
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bankruptcy

Avoid the Potholes on Your Road to Recovery

You’re on the road to recovery. You’ve declared bankruptcy. You’ve received your discharge of debt. You’re starting with a clean slate. You’re considering your options for new credit accounts post-bankruptcy. You’ve picked a few, and you’ve been approved and have your account information. What should you do now? Believe it ...
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