Before you sign up with the guy in the ad, explore free asset protection, courtesy of Uncle Sam. Everyone would like to enjoy their money without worry about creditors taking it from you. That’s the point of asset protection. A substantial industry run by expensive professionals will scatter your money between interlocking partnerships and off-shore corporations […]
Can A Trust Protect You In Bankruptcy?
Can a living trust protect your assets in bankruptcy? Or, anywhere else? According to the lawyer advertising and the self-help books, everyone needs a living trust. The asset protection industry loves irrevocable trusts, another much touted trust. An irrevocable trust gets assets out of your name for all time. Unless of course, they are attacked in […]
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 […]
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 […]
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 […]
Speak Fluent Bankruptcy: Guide To Essential Bankruptcy Terms
Bankruptcy has its own language. If you are considering filing bankruptcy, it helps to know the language spoken there. Master just a couple of words and phrases, and input from a bankruptcy lawyer starts to make sense. So, in our continuing campaign for better understanding of bankruptcy, here’s a dozen phrases from the language of […]
What Does A Bankruptcy Lawyer Do For You
Lawyers cost money and you’re considering bankruptcy because you don’t have enough money. What would a bankruptcy lawyer do for you? The existence of official bankruptcy forms make it seem that bankruptcy is just filling out forms. Unfortunately, that isn’t so. Forms are only part of the picture. An important part, but not the whole […]
Dividing Debts At Divorce: What You Need To Know
The division of the debts of a failed marriage, however carefully crafted at divorce, can be utterly destroyed if one of the former spouses files a Chapter 13 bankruptcy. A Chapter 13 discharge is double barreled. It will eliminate the debts that the filing spouse owes to creditors. But, it also wipes out any obligation to […]
Why Credit Cards Win Clash of Creditors
In the tug o war of which creditor to pay, why is it that credit cards win over taxes and child support? I’m accustomed to clients who pay creditors rather than provide for their own health care, emergency fund, or retirement. That’s taking care of commitments to others before self. But I haven’t figured out […]
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