Give yourself a fresh financial start NOT just with your debts, but also with your assets. How to How to Get the Most Out of Your Bankruptcy The focus in bankruptcy is on dealing with your debts, wiping out and getting a handle on the negative side of your balance sheet. But getting a financial fresh start means not just getting relieved of … [Read more...]
Easy but Important Mistakes to Avoid: Selling or Borrowing against Assets Protected in Bankruptcy
June 19, 2014 by
Easy but Important Mistakes to Avoid: Surrendering Your Vehicle or Getting it Repossessed
June 4, 2014 by
What if you could pay less per month, lower the interest, and pay less until you owned your vehicle free and clear? Bankruptcy as a Game-Changer Bankruptcy is full of surprises, mostly pleasant ones. The most important reason to see a bankruptcy attorney sooner rather than later is that you will then more likely be able to take advantage of … [Read more...]
Easy but Important Mistakes to Avoid: “Preferences”
May 16, 2014 by
Acting honorably towards a favorite creditor or two before filing bankruptcy can make you anything but their favorite. Paying Your Favorite Creditor Before Filing Bankruptcy Although bankruptcy law fixates on what you own and who you owe at the moment your bankruptcy case is filed, there are some important ways that the law can look into the … [Read more...]
Easy but Important Mistakes to Avoid While Considering Bankruptcy
May 2, 2014 by
Words I hate to tell new clients: “If only you’d come to talk with me sooner.” Bankruptcy attorneys are in this area of law because we really want to help people. What makes me want to come to the office every day is the privilege of listening to people’s tough stories and then giving them good news about how I can help make their life much … [Read more...]
Is Chapter 7 or 13 Better for Your Home?
April 17, 2014 by
Although either type of consumer bankruptcy will temporarily stop a foreclosure of your home, which is better for you in the long run? The Overly Simple Answer If you are behind on your mortgage, and definitely want to keep your home, then the simple guideline is this: file a Chapter 7 “straight bankruptcy” case if that allows you to catch up on … [Read more...]
Gaining the Protections of the “Automatic Stay” for Your Home
April 4, 2014 by
Either Chapter 7 or Chapter 13 will stop a foreclosure. The Bankruptcy Code says that a bankruptcy "petition filed . . . operates as a stay, applicable to all entities, of— . . . any act to . . . enforce [any lien] against any property of the debtor . . . ." See Section 362(a)(4) . This means that the mere filing of your bankruptcy case will … [Read more...]
The Fast and Broad Protections of the “Automatic Stay”
March 28, 2014 by
The “automatic stay” gives protection for you and your assets that is awesomely fast. And very broad. Don’t take it for granted. The last two blogs have dug into the relatively rare situations in which the “automatic stay” does not protect you or your assets. But it’s important to understand that those are unusual exceptions. Almost all the time, … [Read more...]
How to Avoid Getting Disqualified for the Protections of the “Automatic Stay”
March 10, 2014 by
Very rarely the filing of a bankruptcy will NOT stop creditors from chasing the debtor. Here’s how to avoid this happening to you. The Essential “Automatic Stay” In just about every bankruptcy case, stopping creditors from pursuing you and your assets is a crucial part of what you get for filing the case—regardless whether it’s a Chapter 7 or … [Read more...]
Important Exceptions to the Protections of the “Automatic Stay”
February 24, 2014 by
Virtually all actions by creditors to collect the debts you owe are stopped the minute you file bankruptcy. Here are some special exceptions. The “Automatic Stay” The immediate stopping of collections—called the “automatic stay”—is one of the most important benefits of filing bankruptcy. It’s automatic because it is put into operation by the … [Read more...]
Saving Your Home through Another Five Powerful Tools of Chapter 13
February 10, 2014 by
Last week’s blog gave you 5 important ways Chapter 13 can save your home. Here are 5 more. You won’t likely ever use all of them, but each one can make a huge difference. 6. Get lots more time to sell your home. If you need to sell your home but are now or expect soon to be under threat of foreclosure, Chapter 13 usually gives you much more time … [Read more...]
