Most people know that bankruptcy is a process that eventually cancels monies owed to creditors. In legal terms, the canceling of a debt is referred to as a discharge of that debt. There is always some confusion about which debts can and cannot be discharged. As a rough guide, consumer debts that have not been [...]
There’s a saying we hear a lot in law – “what a difference a day makes.” In law, this is very true. If you file for bankruptcy on a Thursday, you may be ineligible for a Chapter 7 – submit that same petition on the Friday, and you could be eligible. It all comes to [...]
The leading cause for bankruptcy in the U.S. is credit card debt. Yet filing for bankruptcy to resolve this debt is not always the best option. However, there is certainly one practice that every citizen should avoid, and that’s ignoring a court summons for a default judgement. In fact, credit card companies are relying on [...]
Under a Chapter 13 bankruptcy plan, you set aside an agreed amount each month which is used to pay down some of your debts. The trustee’s role is to pay debts in a specific order: priority debts, secured debts, unsecured debts. However, the trustee doesn’t do this for free – they charge 10% as a [...]
Wisconsin residents have a legal option, known as a Chapter 128, that can be used to help reduce their debts. Although referred to as a Chapter 128, it is not really bankruptcy. Rather, it’s more like a forced debt consolidation plan. Is it a good idea, and should Wisconsin residents use it? Better yet, would [...]
A lot has been made of non-citizens in the U.S. in recent years, particularly when it comes to their rights under law. When it comes to bankruptcy law, non-citizens are treated almost identically to citizens. The determining fact is not whether you’re citizen, but your actual standing. If you are an illegal immigrant, then you [...]
Bankruptcy can affect anyone at any time in their life. It only takes illness, the loss of a job, or a scam artist and suddenly you are in debt up to your neck. There have been some famous modern day bankruptcy cases, however, our history is full of famous people who built fortune or fame [...]
It comes as a rude shock to some when a bankruptcy petition goes sour and they are faced with the very real likelihood of spending time in prison. Bankruptcy is a legal process that is designed to protect both debtors and creditors. The important words there are ‘legal process’ and ‘protection’. Bankruptcy is a legal [...]
The term deadbeat is often used disparagingly, so when someone suggests it may be a good idea to become one, it certainly raises a few eyebrows. In the banking industry, particularly the credit card industry, a deadbeat is someone who almost always pays off their credit card debt each month. The industry doesn’t really like [...]
Once a personal bankruptcy petition has been filed, the petitioner must complete a Debtor Education course. You must provide proof of your attendance and completion of this course, otherwise your bankruptcy petition will not proceed to the final stage, your discharge and the discharging of any debts. The Debtor Education course (often referred to as [...]
There are a lot of people who are struggling with debt and when they finally take that step to starting the bankruptcy process, they are in dire trouble. The first question that many bankruptcy lawyers ask their new clients is, Why? Not “why are you filing for bankruptcy?” That first question is “why have you [...]
If you intend filing for bankruptcy, then the best advice we can offer is to engage the services of a bankruptcy lawyer. While they will do the hard work when it comes to preparing your bankruptcy petition, there is still a lot of work that you need to do. Before preparing your petition, your lawyer [...]
There is often an argument that those who have received a significant inheritance should not be in a position to require the protection of a bankruptcy petition. As we know, in life, not everything is black and white, and an inheritance is certainly not going to preclude you from filing for bankruptcy. However, inheritances themselves [...]
There is a growing trend in this crazy world for people to steal the identity of others. The real worry is that these people are also filing for bankruptcy using those stolen identities. The first time the real person knows of this is when they receive a notice ordering them to appear at the Bankruptcy [...]
You would think that lawyers were dentists and that your first visit to discuss bankruptcy options was a teeth pulling session. Really, it’s not – trust me! Famous last words those – “trust me.” Yet that is exactly what you need to do once you select a bankruptcy attorney to help you through the bankruptcy [...]
No one wants to admit that their situation is such that bankruptcy is the only option. In reality, the sooner you can admit this fact, the sooner you can start to resolve your financial situation. There are millions of Americans now facing financial difficulties and while the economy is improving, many will continue to struggle [...]
If you have been through the bankruptcy process and received a discharge, you need to keep a close watch on your credit reports. It can take up to six months for your credit history to accurately reflect the outcome of your bankruptcy petition. Even then, you may find that some of the details are incorrect. [...]
One of the weakest groups in our society at present are the elderly, and one of the prime reasons behind them being weak is their pride. Unfortunately, debt collectors are playing on this pride, often collecting on debts in situations where consumer protection legislation has made their actions illegal. I don’t mean any disrespect to [...]
Bankruptcy is a tool that is used quite readily by big business when it’s looking for protection. In an even bigger example, countries like Greece and Ireland that have looked to the international community for help are really going through a form of Chapter 11 bankruptcy. Debt payments are brought under control while the nations [...]
The question on many people’s lips when discussing bankruptcy refers to future credit. In particular, how long they need to wait before they can apply for credit again. The answer often surprises them – you don’t have to wait one minute. In fact, under some circumstances, you can apply for credit while still going through [...]
Which would you prefer – to negotiate a new deal on your debt, or file for bankruptcy? Many would opt for a renegotiated loan contract, and in most cases, it would make sense. There are times when a renegotiated loan could leave you in a worse situation than before, especially if there has been any [...]
There are a lot of people who feel that bankruptcy is the easy way out of a financial situation. The fact is, bankruptcy is not a cheap or ‘easy’ way out. It actually takes quite a heavy toll on finances, emotions, and the bankrupt person’s future access credit. On the financial side, filing for bankruptcy [...]
Have you ever been served a summons? I am told that even those that expect one find the process a little demeaning and uncomfortable – more so if they are served in the work place. We are seeing creditors heading to the courts in greater numbers these days as they all try to squeeze the [...]
If you are filing for bankruptcy because of credit card debt, a married couple needs to act with a great deal of care. Joint credit cards do exist, however, most credit cards are issued to single account holders. That account holder then authorizes the issue of cards to others, in this case their spouse. Some [...]
If you are in a situation where bankruptcy appears to be your only relief, you have a number of options. You can do all the preparation work yourself, engage a bankruptcy attorney, or engage a bankruptcy petition preparer. If you do the work yourself, you will save money in the short term, however, bankruptcy law [...]
Did you know that forgiven debts are considered income by the IRS? Because they are classified as income, they are also taxable. This means that a debt of $10,000 that has been ‘forgiven’ is considered to be unearned income and so subject to taxation. The IRS put it very simply: If you owe a debt [...]
For many people, the pressure from creditors can be such that filing for bankruptcy may seem the only option. Before opting for a bankruptcy petition, be sure your creditors are actually acting legally in the pursuit of their debts. Creditors will often engage debt collection agencies and they are only paid when they get results [...]
The credit industry is probably no different than many other industries: there are good players are there are bad players. Of course, the same could probably be true of debtors – some work the system fairly while others do everything possible to just ‘work’ the system. Almost everyone probably has an old forgotten debt or [...]
Anyone can file for bankruptcy. You don’t need a lawyer or anyone else to help you. In fact, you can even download all the forms over the Internet if you wish. However, before you decide to go it alone, you need to understand what is involved with filing for bankruptcy. There is a long list of [...]
Consumer protection has received a lot of air time in recent months, especially when it comes to some of the actions by mortgage lenders and their brokers. Consumer protection has many arms, and while most people look at legislation such as the ‘lemon laws’ as being the mainstay, bankruptcy is really the ultimate in consumer [...]
