In an earlier blog, we discussed the limitations on discharging a tax liability through a Chapter 7 bankruptcy filing. You can, however, use a Chapter 13 debtor reorganization to reduce the amount you must pay every month. In addition, you may actually be able to discharge some of your tax debt at the end of the Chapter 13 process. The tax debt … [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 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...]
Filing for Protection under Chapter 12 of the Bankruptcy Laws The Special Provisions for Family Farmers
December 13, 2018 by Leave a Comment
Most individuals who seek bankruptcy protection must file under Chapter 7 or Chapter 13. Chapter 7 allows you to permanently discharge debts in exchange for the sale of certain property. With a Chapter 13 filing, you can set up new payment arrangements with your creditors, satisfying your debts over a three-to-five year period. However, if you're a … [Read more...]
Should You File a Personal or a Business Bankruptcy Petition?
December 4, 2018 by Leave a Comment
Choosing the Right Filing When your business is experiencing financial difficulties, it's almost certain to have a detrimental impact on your personal finances as well. If you don't have the business resources to properly compensate yourself, you can easily fall behind on your mortgage, car payments or other obligations. The bankruptcy laws were … [Read more...]
Bankruptcy and Retirement Assets
November 30, 2018 by Leave a Comment
Can Your Retirement Assets Be Available to Creditors in a Bankruptcy Proceeding? It's no secret that medical expenses are one of the primary causes of personal bankruptcy filings in the United States. Unfortunately, as you age, your risk of health problems and substantial medical bills increases significantly. You may be edging in on retirement, … [Read more...]
Bankruptcy and Inheritance
November 21, 2018 by Leave a Comment
The bankruptcy laws are in place to give individuals an opportunity to start over again, allowing you to either discharge debts permanently or restructure your obligations with creditors. You may wonder, though, what happens after the bankruptcy is over. Suppose you file for protection, eliminate certain debts and then receive notice some months … [Read more...]
Can You File for Bankruptcy Again?
November 1, 2018 by Leave a Comment
Your Right to File Multiple Bankruptcy Petitions It can happen to just about anyone—you have an unexpected medical emergency that's not fully covered by insurance or you lose your job and it takes a while to find a new one. That's one of the reasons we have the bankruptcy laws in place—so that you can get a fresh start. But is bankruptcy a … [Read more...]
Is Chapter 11 or Chapter 13 Best for Your Small Business?
May 31, 2018 by Leave a Comment
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...]
Exceptions to the “Automatic Stay”
November 15, 2017 by Leave a Comment
The "Automatic Stay" The "automatic stay" is one of the most powerful tools of bankruptcy. It's the law that automatically goes into effect right when your bankruptcy case is filed, and stays—or stops —all collection activity against you and your property. Although the "automatic stay" protects you against just about anything a creditor can do … [Read more...]
