Three kinds of debt survive bankruptcy discharge, because they are unlike the other sixteen non dischargeable debts. Those three exceptions to discharge look, not at the kind of debt such as taxes, or support or student loans. Rather the exceptions look at how the debt arose. These exceptions prevent bad actors from escaping the consequences in bankruptcy. […]
The Strange Rules When A Creditor Is Left Off Bankruptcy Schedules
What happens if you miss putting a creditor on your bankruptcy schedules? In the bustle of preparing to file bankruptcy, a slip up is not uncommon. Notice is one of the fundamental rules of bankruptcy. Everyone to be affected by a bankruptcy case gets notice. That notice provides the creditor with an opportunity to participate […]
$7000 Off The Price Of The Car In Chapter 13
How would you like to reduce your car payment, by lots? In a recent case, Chapter 13 allowed my client to save $7000 off the loan balance based on an examination of the car finance contract. You couldn’t see the issue from the monthly statement. When I got the finance agreement itself, I found the […]
Who Owns Your Business When You File Bankruptcy?
The bankruptcy trustee’s question was straightforward (if inartful) yet the business owner nearly blew the answer. The trustee asked: are you the sole owner of your business? When my client hesitated, she followed up: are you a sole proprietor? Focusing on the fact that he was the only person with an interest in the business, […]
Debt Collector Threats: Which Ones Are Real?
“What debt collector threats should people be afraid of?” was the question my friend bankruptcy attorney Cathy Moran asked. To which I replied, “Afraid of? Pretty much none of them!” Because they’re mostly all empty threats. You’re not going to jail, They are not going to come get you, Your credit is not about to […]
You Can Make Debt Collectors Stop
You can make debt collectors stop. You don’t have to endure phone calls and threatening letters. In fact, you have a statutory legal right to be free from harassing debt collection. All it takes is a letter to the collector. We’ll show you how to write that letter and exercise your right. And, if you […]
Explaining The Increase In Monthly Mortgage Payments On Long Established Loans
Why has my mortgage payment increased so much? That’s the question I’m getting from lots of clients recently. Interest rates are creeping up on variable rate loans, but not dramatically. For most of those asking, it’s because the interest-only period of their home loan has run. Loans promised increased mortgage payments Borrowers forgot that lots […]
The Trouble With Your Social Security
The caller says your Social Security file is incomplete and without more information, your assets, as well as your benefits, will be frozen. Pretty terrifying if you depend on Social Security checks. Only, it’s not true. The caller isn’t from Social Security. Social Security can’t freeze your assets. Social Security doesn’t do business by phone. […]
Don’t Brag About What You Saved Unless It’s True
It’s a mark of our consumer economy that we use the word save in connection with our spending. I saved $15 on this blouse. That’s well and good for today. You bought something you wanted, or maybe even needed. But unless you put the savings aside for later, you did nothing more than spend somewhat […]
Best Bankruptcy Advice of The Year
Readers of Bankruptcy Soapbox vote for their favorite bits of bankruptcy and money advice with their eyeballs. I’ve tallied the eyeballs on the 48 posts written in 2018, and, cue the fanfare, present the top 10 most-read new posts for 2018. And in fact, this advice will stand you in good stead in 2019. […]
