Pay off debt first or start saving now? It’s a debate almost as convoluted as which came first, the chicken or the egg? Experts heatedly take opposite sides. You get rid of debt faster if you put all available cash into paying off balances. BUT You have no reserves for the unexpected if you spend everything that […]
How To Exclude A Debt From Your Bankruptcy Discharge
Some debts you may want to carve out of your bankruptcy discharge. Debts that for one reason or another, you really WANT to pay after your bankruptcy. I get it. There are ways to properly exclude a debt from discharge and ways to screw it up. The first way that folks try is simple, and […]
Debt Collection Breakthrough Protection
The new rule defines attempts to collect a time-barred debt a false or deceptive practice, forbidden to debt collectors. The new prohibition becomes effective November 30, 2021 when amendments to the rules associated with the federal Fair Debt Collection Practices Act become law. New rule applies to debt collectors Importantly, the FDCPA applies only to […]
Five Ways To Bankruptcy Proof Your Divorce
No matter how prejudicial or unfair, a Chapter 13 discharge will relieve a former spouse of obligations of all obligations to their ex except for support. It’s too late to protect your hard won rights to non support payments once the bankruptcy is filed. Let’s look at how ex spouses are vulnerable to a bankruptcy discharge. Then […]
7 Essentials For Better Results From Filing Bankruptcy
Plan before filing bankruptcy and you get better, more certain relief. Even if you’re not quite sure that you’re ready to take the bankruptcy plunge, scout the bankruptcy territory. Take some time to learn the rules and explore ways to maximize the relief available in bankruptcy. If you don’t plan ahead and just rush into […]
Does My Bankruptcy Lawyer Need To Be From My City?
If you’re inclined pull up a map application to find a bankruptcy lawyer, I gotta ask: is proximity really the most important factor? Not by a mile. You want an experienced, local lawyer, but “local” means active before the judges in the federal judicial district where you live. It doesn’t mean having an office around […]
Are You Better Off With Bankruptcy?
Who cares whether bankruptcy filings are up or down? Bankruptcy professionals, certainly. Economists, probably. But if it’s you and your checkbook, you take little comfort that lots of others are filing. Nor, when everyone else seems to be making it OK while you flounder, are you reassured. Bankruptcy seems to follow economic expansion. Some expansion […]
Bankruptcy Alphabet: C is for Counseling
Counseling, delivered by an approved provider, before the bankruptcy case is filed, is required. Fail to get counseling and your case will be dismissed. That’s my “C” word in the bankruptcy alphabet. Prebankruptcy counseling is supposed to insert an objective third party between the beleaguered individual who needs relief and the greedy lawyer who, according […]
What Can Bankruptcy Do About Back Taxes
Bankruptcy wipes out taxes and leaves you with a clean slate. But somehow, the second biggest myth about bankruptcy is that taxes can’t be discharged. Wrong, wrong, wrong. The limits on discharging taxes in bankruptcy are few. You can’t discharge That’s it. Like anything in the law, there are details that make for hard reading. […]
Means Test Cheat Sheet 2: Taxes In Bankruptcy
If the most useful trick for beating the means test involves projecting health care expenses, the second most useful trick involves taxes. Tax troubles drive the filing of a large percentage of bankruptcy cases these days. It makes sense: bankruptcy is a powerful tax tool and a bankruptcy judge can be a good ally when […]
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