Managing Child Support and Spousal Support Debt in Bankruptcy If you're struggling to keep your head above water financially, and a big part of your monthly outlay is for child or spousal support, you may have questions about whether you can use the bankruptcy laws to get some relief. Here's an overview of your options. Chapter 7 May Not Be Used … [Read more...]
Student Loan Arrearages—Chapter 7 or Chapter 13?
February 12, 2019 by Leave a Comment
Suppose that you're struggling to meet your obligations and the bulk of your debt is tied to student loan repayments. You're not alone. Statistics indicate that more than 44 million debtors owe over $1.5 trillion in student loan debt, and that that average total amount of debt for graduates of the class of 2018 was $29,800, with many former … [Read more...]
Can the Funds in an IRA Be Part of Your Bankruptcy Estate?
February 4, 2019 by Leave a Comment
Can You Lose Individual Retirement Account Assets in a Bankruptcy? When you file for protection under Chapter 7 of the bankruptcy laws, a "bankruptcy estate" will be created, into which certain assets of yours will be transferred. If those assets are not exempt under state or federal law, the bankruptcy trustee may choose to sell them to pay down … [Read more...]
Can You Have a Discharge Revoked?
January 31, 2019 by Leave a Comment
Are There Actions That Can Lead the Bankruptcy Court to Reverse the Discharge of a Debt? When you file for protection under Chapter 7 of the bankruptcy laws, you have the right to permanently rid yourself of the legal obligation to repay certain debts. Under the bankruptcy laws, that's referred to as the "discharge" of a debt. Once a debt is … [Read more...]
Can You Discharge Income Tax Arrearages?
January 24, 2019 by Leave a Comment
Is There a Process for Getting Rid of Tax Debts? Under Chapter 7 of the bankruptcy laws, once you qualify by taking the means test, you can permanently discharge certain debts in exchange for the sale of non-exempt assets. Some debts either cannot be discharged at all or have limited dischargeability. Family law obligations, such as child support, … [Read more...]
What Happens If a Creditor Attempts to Collect on a Debt that Has Been Discharged?
January 17, 2019 by Leave a Comment
What Are Your Options If a Creditor Attempts to Collect on a Debt That Has Been Discharged? If you successfully make it through the Chapter 7 bankruptcy process, the bankruptcy court will issue an order discharging certain debts in exchange for the sale of some of your property. A discharge means that you no longer have any legal obligation to … [Read more...]
What Is a Chapter 13 “Super Discharge”?
January 10, 2019 by Leave a Comment
Permanently Eliminating Debt Through Chapter 13 Reorganization It's a common misperception that if you want to discharge debt, you have to file a Chapter 7 bankruptcy petition. Unfortunately, with the means test that's required to qualify for Chapter 7, many people incorrectly believe they can't discharge debt in bankruptcy. The reality—Chapter 13 … [Read more...]
When a Creditor Tries to Collect on a Debt that Has Been Discharged
December 31, 2018 by Leave a Comment
Your Rights When a Creditor Ignores a Bankruptcy Order When you successfully file a Chapter 7 bankruptcy petition, you'll be able to permanently absolve yourself from financial responsibility for any debts included in the filing. But what happens if you've completed a personal bankruptcy filing, the court has entered a discharge order and a … [Read more...]
Happy Holidays from Law Office of Carrie Weir
December 24, 2018 by Leave a Comment
During this season of giving we reflect with gratitude on the trust and confidence you have placed in us. We are thankful for the chance to work with you, and we look forward to working with you in the new year. … [Read more...]
Can You Use Bankruptcy to Avoid Foreclosure?
December 20, 2018 by Leave a Comment
When you're struggling to meet your financial obligations, one of the first debts that can get away from you is your mortgage. Unfortunately, it won't take long before you find yourself involved in foreclosure proceedings. Perhaps there's light at the end of the tunnel—you can see that your financial situation will improve dramatically in the near … [Read more...]
