Get a collection notice after you’ve filed bankruptcy and after you’ve gotten a discharge, and it’s easy to be distressed. You’ve taken the hard step to get a fresh start, and it appears not to have worked. It’s easy to assume that the collector has a right to its money. Easy, too, to assume their […]
Bankruptcy Is Not Your Last Resort
Every personal finance guru intones that “bankruptcy is the last resort.” In my opinion, they have it wrong: bankruptcy is the big gun in getting out of a financial mess. But it shouldn’t be the last thing you try to get financially healthy. You shouldn’t mess around with lesser solutions if they don’t fit. Some […]
Which Creditors Should You Really Fear?
A debt collector’s threat to sue you usually produces terror. You’re scared about losing your wages, or your bank accounts. Scared about being served with process at work. The threat of a lawsuit often triggers the first call to my law office. Some collector has said he will take 25% of your wages, or will serve […]
Pay Off Credit Cards At Zero Percent
I’ve got news for you: There’s a government program that lets you pay the balance on your credit card without interest and owe nothing more. Sound like one of those snarky radio ads? This one’s legit. Meet Chapter 13. Credit card interest is the killer Here’s the refrain I hear from clients, over and over. I […]
Incorporating A Troubled Business: Work-around Or Worse?
Facets on a gem bend light and change how we see things. The same thing happens when bankruptcy law encounters a small business owner and the business itself. Seen from one angle of the law, the business is a valuable asset. Seen from another, it is nothing more than a job for the owner, having […]
Bail Yourself Out Of Payroll Tax Trouble
Business owners with unpaid payroll taxes are in deep trouble. Even if the employer is a corporation, the corporation’s managers are personally liable for the trust fund portion of unpaid payroll taxes. There’s no corporate shield when it comes to payroll taxes. You are in the IRS’s cross hairs, personally, if the business hands out “net” checks […]
When Your STBX Files Bankruptcy: An Action Plan
Whether the news comes by phone or mail, the notice that your soon-to-be-ex spouse has filed bankruptcy can bring fear and confusion. You need some facts and a plan, now. So let’s look at how bankruptcy affects a non filing spouse and how to chart a course through a STBX bankruptcy case. Child support safe […]
Find The Right Cure for Your Debt Problems
Get-out-of- debt advice and sales pitches abound. Like this one. But too few get-out-of-debt gurus tell you that you need a diagnosis of your financial ills before prescribing the cure. Is the stomach ache indigestion or appendicitis? Is it temporary upset or a life threatening money pit? The answer makes a big difference in how […]
Ten Debts That Follow You After Bankruptcy
Some debts just follow you out of bankruptcy. Not many but a few. These debts continue to be collectible even after a Chapter 7 discharge. The discharge in Chapter 13 is different and broader: just another reason to choose Chapter 13. 1. Family support Regardless of what it’s called, court ordered payments for support […]
Doing The Means Test Yourself
Posts on internet bankruptcy boards feature individuals who have “filled out the means test” and then proceed to announce their conclusions. Given the uncertainties in the legal community about how to apply the means test, I can’t imagine a non lawyer learning anything reliable from trying to do this themselves. As a certified bankruptcy specialist, I […]
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