Northern California Bankruptcy Lawyer

On The Bankruptcy Soapbox

The Soap Box

When Debt Collectors Won’t Stop, Despite Bankruptcy

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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 lawyer must have screwed up if some creditor is still trying to collect.

Unlikely on both counts.

Far more likely that the collector is wrong.  The collector now in your face probably bought the debt without any clue that you had filed bankruptcy.

Welcome to the world of distressed debt, where companies who can’t collect the money they are owed sell their rights in that debt to debt buyers.

Debt buyers pay pennies on the dollar for the debt, get little more in background on each account than a computer tape, and try to score with a few of the accounts in every batch they buy.

Defending your discharge

If this happens to you, fight back.

Your first step is to identify the creditor from whom the collector bought the debt.  The name is usually found in the collection letter.

  • Get out your bankruptcy papers and find the schedule or mailing matrix where all your creditors were listed.  
  • Send the collector a copy of the discharge order along with a copy of the schedule showing that the creditor was included in your bankruptcy case.  
  • Point out that the outfit that sold them your debt was listed in your bankruptcy.

Send your response to the collector by a method that gets you proof that the collector received it.  That’s either USPS, return receipt requested, or overnight delivery.

Keep a copy of your letter and the enclosed bankruptcy papers.

In most instances, that stops the collection.  Often the collector had no idea that you had filed bankruptcy.

When debt buyer won’t stop

If a collector continues to try to collect a discharged debt, you can call in the cavalry.  Or rather, the bankruptcy judge.

After all, it’s the discharge order of the judge’s court that the collector is disrespecting.

Most judges don’t take kindly to being blown off.  And they appreciate it that you’ve tried to solve the problem yourself, with information.

So, you need to file a motion for sanctions against the collector for its violation of federal law.

Your bankruptcy lawyer can help you do this.  Or, another bankruptcy lawyer can take on the case.

Your action is filed in the court where your bankruptcy case was filed.

Once you’ve proved up your case, you are entitled to damages, including the attorneys fees required to get back into court for relief.

Setting up your case for damages

Make notes about your contacts with the offending debt collector.  Keep track of any money you have to spend to fix the problem.  

The better record you have of the damage done by the collector, the more likely you are to be made whole in bankruptcy court.

Check your credit report to see if the discharged debt is being reported on your credit report.  If so, you may have additional elements of damage.

Be proactive and get the full measure of benefit from your discharge.

More

True story of collector after bankruptcy

Zombie debt no fantasy

California limits debt buyer access to courts

Image courtesy of Wikimedia.

Your Right To Credit Reporting After Bankruptcy

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credit report after bankruptcy

You’ve finished your Chapter 13 and emerged from bankruptcy with your home loan current.

But your credit report is a blank page as to your mortgage.

The mortgage servicer isn’t reporting your payments to the credit reporting agencies [CRA’s].  

Nothing. Nada.  Crickets.

So, even though you’re making regular payments, you’re not visibly rebuilding your credit.

Ask the servicer and they’ll tell you that they can’t report your payments “because of your bankruptcy discharge“.

But they are wrong.

Mortgages aren’t discharged

In Chapter 13, your liability on your mortgage is an exception to the discharge.

 The mortgage loan is not discharged as a personal obligation.

And therefore, there is no legal bar to the servicer reporting your payments, and every danger should they not report.

Here’s the part of the Bankruptcy Code that excludes long term debt like your mortgage.

Section 1328 says,

(a)… the court shall grant the debtor a discharge of all debts provided for by the plan …, except any debt—

(1) provided for under section 1322(b)(5); 

 Section 1322(b), defining the debts excepted from the discharge,  says

(b)Subject to subsections (a) and (c) of this section, the plan may—

(5) … provide for the curing of any default within a reasonable time and maintenance of payments while the case is pending on any unsecured claim or secured claim on which the last payment is due after the date on which the final payment under the plan is due;

So, among the debts excepted from the Chapter 13 discharge is a secured claim with a payment schedule that extends beyond the life of the Chapter 13 plan.

Servicer’s obligation to report

Put simply, if a creditor reported to credit reporting agencies  before the bankruptcy was filed, then there is an obligation to report after the bankruptcy.  

The “furnisher”, the creditor who supplies information to the credit reporting agency, has an obligation to make the information on file fully accurate.

In contrast to an unsecured debt like a credit card, which should be reported as having a zero balance after the discharge, the mortgage loan after Chapter 13 has a balance.

Presumably, it is also current.  Both facts which should appear on your credit report.

Get mortgage payments reported

If you find that your post discharge payments on your home loan aren’t being reported, challenge the accuracy of what is on your report about that loan with the credit reporting agency.

It is the CRA’s responsibility to see that information in your credit file is accurate.  The CRA is supposed to ask the furnisher to reinvestigate the challenged tradeline.

The Consumer Financial Protection Bureau has a how-to, with a template letter, on how to dispute inaccurate information on your credit report.

Get the good information reported as part of your fresh start.

More

How to find and fix credit reporting errors

Your post bankruptcy to-do list

Tax Liens Live On After Bankruptcy, Unless….

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Tax Problems

You mean the tax liens won’t  go away when I get a bankruptcy discharge?

The client was startled that the lien would live on beyond his bankruptcy.

So, if all my debt doesn’t go away, what do I get from the bankruptcy discharge?  he asked.

I thought the tax debt went away when I filed.

It’s your personal liability that is wiped out when you get a bankruptcy discharge.

Liens live on.

What’s personal liability for debt

In a nut shell, personal liability is the right of your creditor to use the powers of the law to reach your wages and your assets to satisfy a  debt.

When you get a bankruptcy discharge, that personal liability is erased.  The discharged creditors can’t reach assets that you acquire after the bankruptcy, nor the assets that you exempted in your bankruptcy case.

So, get a bankruptcy discharge that wipes out older taxes and the IRS can’t garnish your future wages or  levy your bank accounts.  Further, the existing tax lien won’t attach to assets you acquire in the future.

Tax liens  on current assets

But liens, which are rights that others have in your property, survive a Chapter 7  bankruptcy.  Your property doesn’t necessarily get a discharge when you do.

 Stripping tax liens in Chapter 13

By “property”, we mean personal property and real estate.  A properly perfected tax lien attaches to all your personal property and to real estate in the county where it’s recorded.

The critical question is:  what is that tax lien worth?  Does it really attach to anything of value?

Or is it just a big number hanging out there, unrelated to the value of what you own?

Tax liens after bankruptcy

In my client’s case, the tax obligation bordered on a million dollars, nine years later.  But the value of his assets was negligible.

So, the million dollar tax lien attached to an older car, a few dollars in the bank, and the shares of a business that would be worthless if he were to leave the business.

What does that tax lien really mean to his post bankruptcy life?  Not much.

The IRS does not want his old car or worthless stock.  It certainly doesn’t care about his household goods or dirty socks.  It would cost far more than these things are worth to conduct a tax sale.

He’s safe running the business and washing the socks, because the IRS won’t be there to take them.

Choices for dealing with tax liens post bankruptcy

What you do about the tax liens that live on after your bankruptcy depends on what they’ve attached to and what your financial life looks like, post bankruptcy.

The first thing to know is that tax liens, unlike diamonds, are not forever.  The lien expires when the statute of limitations under non bankruptcy law runs on the tax year that triggered the lien.

The general statute of limitations on federal taxes is 10 years from the date the tax was assessed.  Assessment usually occurs when you file the return and the return is processed by the IRS.

Thus, it’s the date the taxes were assessed, not the date the lien was recorded that is important.

Many people simply do nothing about tax liens that survive the bankruptcy.  They rely on the passage of time and the relative low worth of the liened assets to keep them out of the IRS crosshairs until the lien dies of old age.

If getting the tax lien off the public record, or off of a property that has some value that the tax lien reaches, you can approach the IRS with an offer to pay something for the release of the lien.

Typically, if you get a release of the lien, it will be up to you to record it in the public record.  The IRS will give you the document you need, but you have to actually record it.

So, while the tax lien may live on, it probably has little impact on your life after bankruptcy.

Or, you can file Chapter 13, where the liens are cut down to match the actual value to which they attach.  The secured portion gets paid over the life of the Chapter 13, and the lien is voided at the end of the plan.

Chapter 13 as a tax tool

Image: © freshidea – Fotolia.com

 

The Judgment Lien That Escaped Your Bankruptcy

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I Have Forgotten Something

What do you do when you discover old judgment liens on your home long after you filed bankruptcy?

Your bankruptcy case is closed.

You’re recovering nicely.

Then you find there’s a judgment lien on your house that you didn’t know about.

And the law says that liens survive a bankruptcy case, unless the bankruptcy court orders otherwise.

Is there anything you can do to get rid of the lien?

Most likely, yes.

Can the lien be avoided

The debtor (that’s you, the person who filed the bankruptcy) can ask the bankruptcy court to void a lien on their property if

  • The debt existed when the bankruptcy case was first filed
  • The lien is a judgment lien
  • The property to which the lien attaches was claimed exempt
  • The property had too little value to pay any senior liens, the judgment lien, and your exemption

Let’s look at each requirement for an avoidable lien, found in Bankruptcy Code 522(f).

1. Predates the bankruptcy

Bankruptcy impacts only debts that predate the filing of the case.  That doesn’t mean that there has to be a default on the debt or a lawsuit filed.

But the events that create the debt have to have happened before the bankruptcy was filed:  you used the credit card;  you were involved in an accident; or you were transported by ambulance.

Your bankruptcy case potentially effects all debts arising before you filed.  But the legal rights involved can’t have arisen since your bankruptcy was filed.

2. Lien secures a judgment

Liens that can be wiped out because they impair exemptions must be judicial liens, that is a lien created by a lawsuit.

Voluntary liens, like mortgages and home equity lines of credit can’t be eliminated because they interfere with exemptions. This section of the law deals only with involuntary liens.

You can’t eliminate statutory liens, either.  Tax liens are created by statute.  They aren’t covered by this provision of the bankruptcy code.

3. Property was claimed exempt

Because this part of the law is focused on seeing that you get the full benefits of the exemptions you claimed, the property affected by the lien must have been claimed exempt.

Some courts will avoid a lien if the property in question could have been claimed exempt.

4. Lien frustrates claim of exemption

To meet this condition for avoidance, some math is required.

As of the day the case was originally filed, the value of the property then had to have been insufficient to pay the balance of any voluntary liens on the property, the exemption, and the lien you want to avoid.

It may be that the lien at issue is avoidable only in part, if the value of the house would pay mortgages and the exemption, and something beyond.

The fact that there is no value in excess of the voluntary liens doesn’t prevent you from avoiding the lien. It’s not an all or nothing thing.

Revisiting your case

So, what do you do when old judgment liens are discovered well after your bankruptcy case is over?  Reopen the case, and ask the court to avoid the lien or liens that impair your exemption.

Your motion to reopen needs to tell the court what you want to achieve.  Usually, you attach your motion to avoid the lien to the motion to reopen the case.

Most courts will want you to pay a new filing fee, to pay for the new work the court is going to do.  You can ask that the fee be refunded, but usually, you’ll have to pay up front to get started.

This isn’t a new bankruptcy case. You aren’t endangering the financial recovery you’ve made since your bankruptcy.  You are revisiting the old case to take care of old business.

The lawyer who helped you with the original case can handle the lien avoidance, or you can engage another bankruptcy lawyer to accomplish this task.

When time is tight

The overlooked judgment lien usually pops up when you are ready to sell your home or to refinance it.

Often that means you are working to deadlines.

A motion to reopen and to avoid a lien is likely to take 45-60 days before you have a bankruptcy court order in hand, voiding the lien.

If you find yourself short of time, consider negotiating for the escrow to hold the money that would otherwise go to the holder of the lien when the deal closes, while you go back to bankruptcy court.

If you didn’t check the public record before you filed your bankruptcy case to check for judgment liens, do it now.  Don’t wait for a time crunch.

Thankfully, bankruptcy courts are accustomed to helping with the overlooked lien.

More

Tax liens after bankruptcy

What was discharged in my bankruptcy case

Stripping off mortgage liens

Post bankruptcy check list

Image: Fotolia.com

 

Ten Debts That Follow You After Bankruptcy

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debts 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 of children or spouses

2.   Recent taxes

Income taxes for tax years  more than three years old, counting from when the return was due

3.   Taxes still assessable

The IRS ability to assess additional tax survives if the tax year was still assessable at filing

4.   Taxes for unfiled years

The clock doesn’t run on tax discharge until an honest return is filed.

5.   Payroll taxes

The trust portion of payroll taxes, federal and state:  that’s what the employer withholds from employee checks

6.   Judgments for drunk driving

Liability for death or personal injury from impaired operation of a vehicle

7.   Debts to spouse or child from divorce

Debts to your own lawyer do get wiped out

8.   Student loans

Unless you file suit in the bankruptcy and prove repayment is an undue hardship

9.   Money borrowed to pay non dischargeable tax

No paying taxes with a loan you want to discharge.

10.  Penalties to governments

This covers fines, penalties and forfeitures that are intended to punish not compensate

Non dischargeable if….

Three additional categories of debts survive bankruptcy only if the affected creditor successfully jumps through some legal hoops in the bankruptcy case.

Debts incurred by fraud; debts for conversion or breach of fiduciary duty; and debts for deliberate injury to person or property require the victim to file suit and prove the operative facts.

There’s a short period for filing a non dischargeability action and the presumptions operate in favor of the debtor.  But if the creditor can establish the bad behavior of the debtor that created the debt, public policy says we don’t want to shelter bad actors.

It’s important to understand that the debt must have been incurred by the bad behavior;  just trying to evade payment of an honestly incurred debt doesn’t make it non dischargeable, in most instances.

Liens survive unless…

How to get rid of liens through bankruptcy

While a bankruptcy discharge wipes out your personal liability for discharged debts, a lien on property you owned when you filed bankruptcy continues to be liable for the debt.  So you aren’t liable but your property can be seized to pay the debt.

Think of your home loan:  your discharge keeps the lender from suing you after bankruptcy for a money judgment, but it doesn’t keep the lender from foreclosing on your house if you don’t pay after bankruptcy..

After bankruptcy, as long as you continue to pay on a secured debt, the creditor is generally happy to take your money and leave you alone.  If you change your mind, or further financial troubles loom, you can walk away from the liened property, losing only the property.

An experienced bankruptcy lawyer can walk you through the bankruptcy discharge and the landscape after your case is over.

More

Interview questions for hiring a bankruptcy lawyer

What to do about tax liens

Reaffirming a car debt

 

Bankruptcy Drives Credit Score Surprise

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credit score increase

Bankruptcy improved my client’s credit score, almost on the spot.

Before bankruptcy, a miserable credit score was no surprise.  My client reported a 498 credit score before he filed.

What was surprising is that, three month after he filed bankruptcy, his score was 614!

That’s a 116 point increase in his score in three months. 

That’s while his bankruptcy case is still active, and long before he gets a Chapter 13 discharge.

So let’s hear no more about bankruptcy always trashing your credit score.

More importantly, let’s stop focusing on credit scores as a measure of financial well being. After all, a credit score only claims to measure the liklihood of your paying back more debt.

Instead, focus on the health of your balance sheet.  And enjoy the peace that comes with reduced debts.

What credit scores measure

Credit reports and credit scores explained

Credit scores are supposed to measure the likelihood that a borrower will repay future credit. Makes sense that lenders would want to measure that.

But credit scores are based on information found in credit reports.  And credit reports are notoriously inaccurate. Twenty five percent of credit reports contain material errors, according to government studies.

Isn’t it ironic that the oh-so-precise number in your credit score is based on bad information?  As we say in number-obsessed Silicon Valley:  garbage in, garbage out.

Misuse of credit scores

As if inaccuracy isn’t bad enough, credit scores are increasingly used for issues far removed from the extension of credit.  Auto insurance rates, utility service,  employers and even immigration decisions are influenced by credit scores.

So questionable information from credit reports invades your life far beyond issues of consumer credit.

And, even worse, in my view, is the commercial exploitation for profit of consumer’s focus on credit scoring.

Credit anxiety is profitable

The widening use of credit scores outside of finance created a entire industry of supplying credit scores, weekly or monthly, to consumers.

Originally credit scores were used by lenders, internally.  But these days, credit card companies, personal finance sites, and even my credit union, try to sell you access to your credit score.

And by the time they’ve convinced the public that their credit score is as vital a measure as blood pressure or body-mass index, lenders and debt collectors can use that belief to demonize bankruptcy.

But, as my client’s experience shows, it just isn’t so.  (And a national study says credit scores trend immediately upward after bankruptcy.)

More

Credit reports heal

The most compelling reason to file bankruptcy

Life after bankruptcy

Credit Scores Trend Upward After Bankruptcy

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After bankruptcy, credit scores go steadily up, says a 17 year study released by  the Consumer Financial Protection Bureau.

Got that?  Go UP.  Every year.

Importantly,  credit scores start improving the same year that the bankruptcy is filed.

Think on that for a moment.

How collectors stoke fears about bankruptcy

Creditors and their shills shout that bankruptcy trashes your credit score;  the data show just the opposite.  There’s no dip post filing, but instead an immediate uptick.

This is how the CFPB puts it:

Median credit scores increase steadily from year-to-year after consumers file a bankruptcy petition.

Median scores for Chapter 7 filers recover more quickly than those for Chapter 13 filers possibly due to the much quicker and more likely discharge of Chapter 7 filings.  http://bit.ly/33kgOaf

Bankruptcy improves your balance sheet

Let’s be clear about what is important in your financial health. Your credit score is far less important in the big picture than your balance sheet.

Credit scores are a side show

A balance sheet looks at what you own and what you owe.  That’s the information that appears on a loan application.

Ditch the debt in bankruptcy and there’s less debt to weigh down your net worth.

Goose your credit score

You can take actions that may increase the rate of improvement.

Remember that credit scores are based on credit reports.  And credit reports are notoriously inaccurate.

A government study in 2012 found that between 20 and 25% of credit reports had material errors.

Rest assured that the rate of errors on your credit report does not go down when you file bankruptcy.  That’s why you should pull your credit report a few months after you get your discharge, and look for errors.

Attorney Mike Cardoza lays out how to do that in How To Spot Credit Report Errors After Your Bankruptcy & Fix Them.

Is bankruptcy the right choice

Just because bankruptcy may improve your credit score is not a reason to file bankruptcy.  It’s just an issue to take off list of reasons not to file.

Lots of different facts influence whether bankruptcy is right, and whether the time is now.

I look at those factors in What Kenny Rogers Teaches Us About Getting Out Of Debt.

 

 

Is There Life After Bankruptcy?

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multiple questions-grisel d'an flicker_opt

Is bankruptcy worth it?

If you see filing bankruptcy to get a fresh start as painful or less than honorable, you might wonder what life is like, on the other side of bankruptcy.

What’s the return on taking the big step?

I got a report from the other side this week from a Chapter 7 client from 3 years ago.  It knocked me off my chair.

When she filed bankruptcy

Single, well past middle age, a renter, and dead broke when she’d filed, she’d retired, moved, and bought a house!

Her email was entitled:  “A Happy Ending”.

I had been confident that bankruptcy was right for her, but she had found the decision fraught and painful. So it was nice to hear it from the woman who was living the life that it worked out.

I just didn’t image how well it had worked out.

Home ownership?  that soon, on her own, starting with nothing?

I didn’t see that coming.

Bankruptcy makes it possible

The downside of bankruptcy always seems to be at the forefront of the thinking of those struggling with the decision.

Debtors are bombarded with fear inducing visions of life after bankruptcy: no assets, no credit, no self respect.

Debtors image that lenders may ask about bankruptcy filings;  others might find out.  What if something catastrophic happens?

It’s easy to overlook the upside:

  • no holdovers from your current financial life;
  • no stress about promises to pay that you can’t keep;
  • no financial barriers to life improving.

Our laws make a fresh start possible.  Our economy wants us back as consumers.

The barriers to a fresh start are internal.

Usually, all we have to fear are the voices in our head.

This week’s voice from the past said there is a happy ending.

More about deciding to file bankruptcy

What the Motley Fool got wrong about filing bankruptcy

   Filing bankruptcy is all about a better future

   Tax trap in out of court debt settlement

   It’s not about the credit score

Image courtesy of Grisel D’An and Flickr.

Can You Get A Car Loan After Bankruptcy?

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car loan after bankruptcy

Wheels are essential for most of us to get to work.

And whatever you’re driving when you file bankruptcy will need to be replaced at some point.

So, how are you going to finance that next car if you’ve just filed bankruptcy and face 7-10 years with the bankruptcy on your credit report?

The credit industry tries to fan that worry;  after all, they want you to keep paying on impossible debt rather than get a fresh start.

They want you to believe that no credit is available for eons to those who have filed bankruptcy.

Hogwash.

Bankruptcy improves your credit score

Under the credit scoring system used by Fair Isaacs, your credit score improves after bankruptcy.  Upon entry of the discharge, your debt to income ratio improves dramatically.

When you sit down to pay your bills after bankruptcy, there are fewer creditors clamoring for a piece of your paycheck.

Now, granted, that’s just one element of the score.  But it makes the point that credit scores are not all about whether you paid your bills as agreed.

The negative impact of a bankruptcy fades over time, time that is far shorter than the 10 years that it may appear on your credit record.

People in bankruptcy get car loans

The most compelling evidence that credit for a car is available after bankruptcy is the fact that many debtors currently in Chapter 13  get loans to replace old cars.  They haven’t even gotten the discharge of their debts yet.

They pay a significantly higher interest rate for loans during bankruptcy.

But they are living proof that car loans are available.

The take away?  Bankruptcy affects the price you pay for credit but doesn’t usually bar you from credit.

Consider getting a replacement car before bankruptcy

I often send clients planning on filing bankruptcy who are driving cars on their last legs out to shop for a new car.

And lots of them report back that they got a loan even with all the nasty debt still on their credit report.

The auto industry can be counted on to see that you can get a loan to buy their product!

My only admonition to them is to tell the truth on the loan application.  To do otherwise creates problems far bigger than an unreliable car.

If you get a car loan on the eve of bankruptcy, you are also signing up to keep paying that loan through and after the bankruptcy.

Join a credit union

Credit unions are different than banks in lots of ways, but the most important one is that they are in business to make loans to their members.

Become a member.

Do your banking at the credit union.

Start creating a solid, post bankruptcy credit.  If your present car is paid off, start making a monthly “payment” to your  “replace the car” fund.

After all, you don’t have to finance all of the purchase price of the car.  Be ready to make a meaningful downpayment, making the size of the loan you need smaller.

Your budget will appreciate a smaller monthly car payment when the time comes to get a new car.

More

Reaffirming a car loan

Paring down a car loan in Chapter 13

Life after bankruptcy

 

4 Essential Tips To Get Ready For Bankruptcy

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ready for life after bankruptcyReady for life after bankruptcy?

Even before your case is filed, you can start preparing for your life after bankruptcy.

These four steps will probably  make the bankruptcy case be smoother, too.

Change banks

Your money on deposit in “your” bank may not be solely yours.

If you have a loan or other debt to your bank, the bank can help itself to funds in your deposit account to apply to what you owe it.

That’s called set off:  the amount the bank owes you (your account balance)  is set off against what you owe it.  Trust me, you’ll lose if that happens.

Since you usually stop making payments on dischargeable debts once you’ve made the decision to file bankruptcy, don’t leave your cash sitting in the bank, waiting to to be snatched by the bank who didn’t get paid this month.

Open a banking relationship elsewhere with an institution you don’t owe money.  Move your money, and any automatic deposits, to the new bank or credit union.

You don’t need to close the existing account.  Just keep no more money there than you’re willing to lose if the bank does a set off.

Review automatic bill payments

If money is automatically taken from your account to pay recurring bills, ask yourself if each of those withdrawals are bills you want to pay if you are filing bankruptcy.

If not, stop the bleeding.

Cancel payments on old debts, debt settlement arrangements, and things you can do without in your new financial life.

Sometimes, it seems the only way to stop such things is to close the bank account.  I’ve seen any number of cases where my client may stop the withdrawal for this month, but it pops back up next month.

On the other hand, if you end up changing banks to avoid an offset, as I talked about above, think about whether the automatic payments are for services you want to continue post bankruptcy.

If so, set them up at your new bank.

Can the cards

Stop using your credit cards.

Once you’ve decided to file bankruptcy, any charges to your credit cards may be considered fraudulent.  After all, you don’t expect to pay off that card after bankruptcy.

Since you’ve stopped paying on the dischargeable credit card debt, use the cash freed up to pay for purchases with cash.

A debit card is fine, since it just draws on your own money.  It isn’t a loan to be repaid.

Just like automatic bill pay, if you have ongoing and necessary expenses regularly billed to your credit card, you need to make a new arrangement to pay those bills monthly.  You can expect your credit cards to be terminated upon filing.

Remember the checking account float

The balance in your account on the day your bankruptcy case is filed is the number important to you and the bankruptcy trustee.  It is not the balance as shown on your check register.

The balance on the day you file is property of the estate.  That’s the amount that may need to be protected by claiming an exemption, or turned over to the trustee.

Watch out, if you write checks on the eve of filing.  If they haven’t cleared the bank when your case is filed, they may never clear, as the trustee may demand the balance shown on the bank’s books on the day you file.

If you have things you have to pay before filing or if you are counting on spending down the bank account, get cashier’s checks.

The funds to buy a cashier’s check are immediately taken from your account; there is no float.

Smooth sailing

Get these four things done before you file your case, and things in your financial life in general will go more smoothly.

Then you can graduate to my list of 8 must do tasks after you get your discharge.

More

Who to pay after filing bankruptcy

Pay less for your car in Chapter 7

Who is discharged in my bankruptcy

Image courtesy of Carmen Jost and Flickr

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Redwood City, CA 94063
Phone: (650) 694-4700

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