U stands for Unsecured debt in my Bankruptcy Alphabet. Unsecured describes a bankruptcy creditor who has no collateral to secure his debt. The world is full of pivotal distinctions: male/female; apples/oranges; cold/hot. The distinction between unsecured debt and secured debt is huge in bankruptcy. A secured creditor has a lien on the debtor’s […]
Bankruptcy Alphabet: P is for Priority
Priority is the P word in my Bankruptcy Alphabet. Priority is the order in which claims of creditors are paid in a bankruptcy case. While all people may be created equal, not so for claims. Recent income taxes and unpaid child support are among the priority claims that get paid first and in full before […]
Bankruptcy Alphabet: N Is For Nondischargeable
The letter N, in my Bankruptcy Alphabet, stands for Nondischargeable. These are the debts that simply don’t go away, even when you get a bankruptcy discharge. Family support heads the list of nondischargeable debts, at least figuratively. Whether it’s called child support, alimony, maintenance, or a domestic support obligation, the debtor’s obligation to pay […]
Bankruptcy Alphabet: M Is For Modify
M is for Modify in my Bankruptcy Alphabet. The Bankruptcy Code provides that a borrower can modify the terms of some secured debts, like car loans, judgment liens, and some mortgages. And in the midst of the current pandemic mess, the automatic stay can prevent foreclosure while a homeowner seeks a mortgage modification on their […]
Bankruptcy Alphabet: I Is For IRS
“I” stands for IRS in my Bankruptcy Alphabet. Bankruptcy law treats the IRS little different than other creditors. The tax collector is just one of the boys. But the most important point is that income taxes can be erased in bankruptcy. There are rules, three of them in fact, that govern when income taxes […]
Bankruptcy Alphabet: H is for House
In my bankruptcy alphabet, H is for house. Can I keep my house if I file bankruptcy, anxious homeowners ask. With the precipitous fall of home values, my answer is almost always, “yes”. Should you keep the house is another question. Houses are vulnerable in bankruptcy only if there is significant equity above the total […]
Bankruptcy Alphabet: G is for Guaranty
G is for guaranty in my Bankruptcy Alphabet. A guaranty is just as much a debt as the bills one incurs directly, yet guaranties are often forgotten when the list of creditors is assembled to file bankruptcy. Any time you sign for a debt, yours or someone else’s, you create a legal relationship. The lender […]
