Increasing life spans and the demise of pension plans is why filing bankruptcy now makes sense. Old debt has a way of sucking the air out of today’s budget. You can’t make repairs to your car or see to needed health care or accumulate an emergency cushion because you’re still paying for stuff you bought […]
Why Some Chapter 13 Payments Are A Heavy Lift
Why do Chapter 13 plan payments end up too high to pay if Chapter 13 is supposed to be a financial reorganization? How are plan payments allowed to consume nearly all of monthly wages? The short answer is that the infamous means test isn’t the only factor driving the monthly payment in Chapter 13. The […]
When You Can’t Pay The EIDL Loan
The COVID-era EIDL loans are coming due. But just because the pandemic is over doesn’t mean that business has returned to normal. Prepandemic, normal may have been difficult too. If yours is one of the many businesses can’t bear the additional stress of repaying EIDL loans, here’s what you need to know. What are EIDL […]
How To Defend Yourself Against the Weapons of a Debt Collector
Dealing with debt collectors requires that you understand their weapons. The real weapons of debt collection aren’t lawyers and lawsuits: they are fear, shame, and annoyance. They want to get inside your head and use your emotions against you. Manipulating your emotions is quicker and cheaper than going to court to get a judgment. Once […]
What Can Creditors Object To In My Bankruptcy Case
Creditors in a bankruptcy case get 60 days from the 341 meeting to file objections. Just what kind of objections can a creditor in a bankrupty file? Creditors can object to two things: the dischargeability of their claim against the debtor or the grant of a discharge as to all debts. They can’t object just […]
The Bankruptcy Process, Step by Step To A Fresh Start
Let’s walk through the basic bankruptcy process and what’s required to wipe out debts you can’t pay. I’ll keep this simple and assume that you’ve decided to file. ( At each step, links will point you to a further discussion of each issue. ) If you are undecided about whether bankruptcy is the right decision, […]
Hold Or Fold? How To Decide If Filing Bankruptcy Is Right For You
You’ve got to know when to hold ’em, know when to fold ’em; know when to walk away, know when to run… So goes the gambler’s advice to the young card player in the hit Kenny Rogers song. Hum along as we think about how we play our cards when we’re in debt: do you file bankruptcy […]
Can My Bankruptcy Discharge Be Denied?
Bankruptcy law presumes that a debtor will get a discharge in a properly filed case. The few reasons a discharge may be denied are spelled out in the Bankruptcy Code. The overwhelming number of Chapter 7 cases result in a discharge. There are no subjective tests for getting a discharge; you don’t have to prove […]
Is Your Choice Of Bankruptcy Chapters Really Dictated By Your Stuff?
Through my Twitter feed came a link to the pro’s and con’s of filing bankruptcy from the business section of the Chicago Tribune. Good chance to see how non lawyers see my world, I thought. Bankruptcy was all about protecting “stuff”, said the writer, and the choice of chapters is driven by the kind of […]
4 Compelling Reasons To File The Tax Return Even If You Can’t Pay
Should you file the tax return if you can’t pay the tax? You got to the bottom of your tax return and the amount you owe is bigger than your checkbook balance. Nope. It doesn’t work that way. The IRS does not start harassing nonpayers for money immediately after a return is filed. Or even […]
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