When you've decided to get a fresh financial start with a bankruptcy filing, and part of your overall debt is in the form of past-due condominium dues or assessments, you need to be very careful—while a Chapter 7 petition may extinguish your liability on the debt, the HOA or condo association may still hold a lien on your property. If you seek … [Read more...]
Will a Bankruptcy Filing Stop All Legal Action against You?
Some Legal Matters Are Not Affected by the Automatic Stay When you file a bankruptcy petition, seeking to discharge debts under Chapter 7 or reorganize your obligations under Chapter 13, an automatic stay immediately goes into effect. One of the effects of the automatic stay is the suspension of legal actions against you. But there are limits to … [Read more...]
Is Bankruptcy a Good Option for a Senior Citizen with Extensive Medical Debts?
One of the unfortunate realities of life is that, as we age, our bodies start to break down, requiring more medical care. For many senior citizens, the costs of medical care are the single greatest financial burden. With often limited access to health insurance, many seniors have racked up substantial medical debt. That debt can be discharged in a … [Read more...]
Is Chapter 11 or Chapter 13 Best for Your Small Business?
There's no way around it—starting your own business takes courage and can be fraught with financial peril. If you've encountered financial difficulties that are making it difficult to keep moving forward, but you're still confident that the business can succeed, a bankruptcy filing can give you the relief you need to get things headed in the right … [Read more...]
What You Can Expect during the Bankruptcy Process
What Bankruptcy Will and Won't Do for You Though the bankruptcy laws can go a long way toward helping you get past financial problems and get a fresh start, they're not a cure-all and won't help you take care of all your financial problems. Accordingly, before you decide to file for protection, you want to have a realistic sense of what bankruptcy … [Read more...]
Alternatives to Bankruptcy
Your Options for Resolving Financial Problems When you can't meet your financial obligations, a bankruptcy filing can be like a breath of fresh air. It can help you take a breath, get your bearings and put things in order. But it can also be a long and complicated process, and may lead to a number of undesirable consequences—the loss of property … [Read more...]
Your Spouse’s Debts in Bankruptcy—Are You Responsible?
Does your spouse own a small business that's struggling? Has he or she decided to seek bankruptcy protection to either reorganize or liquidate the debt of the business? What if you have a good job or significant assets in your name? Can your spouse's creditors attempt to collect those debts from you? The answer, as with most things, is that "it … [Read more...]
Avoiding Potential Problems in a Bankruptcy Proceeding
The U.S. bankruptcy laws were enacted to give debtors a second chance, to allow you to put financial problems behind you and start over again. Under Chapter 7, you have the right to permanently discharge certain debts in exchange for the sale of non-exempt assets. It's important to understand, though, that those rights are not absolute. If you've … [Read more...]
Using Bankruptcy to Avoid Repossession of Your Car
If you've fallen behind on your car payments, you may have received notices or even threats of repossession from the lender. You may live in constant fear that your car will be gone when you come out of your house or leave work. There's a way to eliminate the stress and anxiety that come with fears of losing your car—with a personal bankruptcy … [Read more...]
The Vehicle Cramdown Process in Bankruptcy
If you're struggling to meet your financial obligations and have decided that a personal bankruptcy filing is your best option, you want, if possible, to structure the bankruptcy in such a way that you get to keep your car, so that you can get to and from work. There's a special procedure, known as a "cramdown," that allows you to keep your vehicle … [Read more...]