Settle your debts outside of bankruptcy and you may be bitten by taxes you didn’t expect years later. Yet, everyone I talk to would rather cut a deal with their creditors than file bankruptcy. It’s universal. But here’s the killer reason why bankruptcy alone protects homeowners from a unexpected tax consequence down the road. Debt […]
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The Risks Of Filing Bankruptcy For Your Corporation
When your incorporated business fails, the instinctive reaction is to file bankruptcy for the corporation. But a corporate bankruptcy comes with risk to the shareholders. I know you incorporated to separate yourself as the owner from the risks of the business. As a separate legal “person”, the corporation is distinct from the individuals who own […]
When Can I File Bankruptcy Again
You can file bankruptcy tomorrow, so long as you don’t currently have a bankruptcy case pending. When you can get a discharge in that case is a different story. The Bankruptcy Code limits the frequency of getting a discharge, not the filing and completion of the bankruptcy case. My friend Gene Melchionne wrote a marvelous […]
When You Can’t Make Your Chapter 13 Payments
When your wallet’s as flat as this tire and you can’t make your Chapter 13 plan payments, what do you do? Chapter 13 promised a chance to reorganize, keep what’s important, and get out of a financial hole. But it just isn’t working. What now? In good lawyer style, I’ve got to tell you: it […]
Your Bankruptcy Discharge Has Teeth: Bite Back
Your bankruptcy discharge is more than a piece of paper. It’s a federal court order prohibiting action to collect the discharged debt from you. And it has teeth. When creditors ignore a federal court order, it has unpleasant consequences. Or should have consequences. So, my call to debtors is to stop being prey to unscrupulous debt collectors. […]
4 Easy Tips To Prepare For Bankruptcy And Beyond
Ready 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 […]
What Debts Were Discharged In My Bankruptcy?
After your bankruptcy, one of the hardest questions is figuring out just which debts were discharged. Eliminating debts was the whole point of filing bankruptcy. You’ve got a court order, but no list. You and your creditors understandably expect to find a single document telling them what debts are no longer enforceable and which survive the bankruptcy. No such […]
Bankruptcy Debtors Entitled To Monthly Mortgage Statements
Servicers must now send monthly mortgage statements to borrowers in bankruptcy under a new CFPB rule effective April, 2018. Thus ends, we hope, years of uncertainty and indifference, rooted in the automatic stay and a homeowner’s ongoing obligation on their mortgage after bankruptcy. The earlier version of the rule, adopted in 2014, allowed servicers […]
What The Wild Things Teach Us About Bankruptcy
I miss Maurice Sendak, the late author of children’s books. What does a book about a naughty child who adventures in a nighttime land of monsters have to do with being scared of bankruptcy? The last image in his signature book, Where The Wild Things Are, is my touchpiece for clients afraid to file bankruptcy. […]
Turned Down For A Bank Account? Fight Back
Turned down when you tried to open a bank account? We have a clue why. We all know the big three credit reporting agencies: Experian, TransUnion, and Equifax. But if you’ve been turned down for a bank account, you need to meet the other players in this space: the checking account screening companies. Certegy ChexSystems […]
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