What Are the Pros and Cons of Filing a Bankruptcy Petition First? Because money problems are often a cause of marital strife, it's not uncommon for a person to be involved in a bankruptcy proceeding and a divorce proceeding within months of each other, or even simultaneously. If it's clear that your marriage has ended, but equally clear that you … [Read more...]
The Dismissal of a Bankruptcy Proceeding
When Can It Happen and Why? You've lost your job, suffered an injury or illness, or taken a financial beating in a divorce, but you've concluded that your best path forward is a personal bankruptcy filing. Once you've filed, it's really just a matter of working through the process, right? Not necessarily—you need to be careful that you don't do … [Read more...]
Bankruptcy and Family Law Obligations
Can You Use a Bankruptcy Filing to Manage Support Arrearages? The American bankruptcy laws were enacted to help people get a fresh start, to allow them to either discharge or restructure debt so that they could meet their financial obligations. What happens if one of your most significant arrearages is child or spousal support? Can you use the … [Read more...]
Keeping Your Car When You File for Chapter 7 Bankruptcy Protection
The Automatic Stay | What If Your Lender Asks the Bankruptcy Court for Repossession? When you're struggling to make ends meet and have come to the conclusion that the best way forward is through bankruptcy, one of your first concerns will center on your property. With a Chapter 7 filing, you can permanently discharge or extinguish certain debts, … [Read more...]
The Impact of a Bankruptcy Filing on Your Bank Account
Will the Bankruptcy Trustee Take the Money in Your Bank Accounts to Satisfy Creditors? You've been good at saving money and have a little stash in the bank. Then the unexpected happens…you run up extensive medical bills because of an injury or illness, or you lose your job, and bankruptcy is inevitable. You understand the value of that cushion in … [Read more...]
What Is a 341 Hearing?
What Happens at the Meeting? Let's say you're injured or lose your job and suddenly face overwhelming and unmanageable debt. You do the right thing and contact an experienced bankruptcy lawyer, who helps you file and tells you that you'll be attending a "341 meeting." What is that? Do you have to attend? What happens at the meeting, and how will … [Read more...]
Why You Don’t Want to Handle Your Own Chapter 7 Filing
The Means Test | Understanding Dischargeable Debts and Property Exemptions When you're struggling with unmanageable debt, bankruptcy may seem like the right option. But how can you afford to pay a bankruptcy attorney when you can't make your mortgage payment? You might believe that you can handle your own Chapter 7 bankruptcy filing. But … [Read more...]
Student Loans and Bankruptcy
Can You Discharge or Restructure Student Loans in Bankruptcy? When you’re struggling to meet your day-to-day expenses, finding a way to pay significant student loan debt may seem impossible. American bankruptcy law was designed for just such occasions, to give people a chance for a fresh start. Can you use bankruptcy law to renegotiate your … [Read more...]
Ways to Avoid the Need to File for Bankruptcy
Simple Steps You Can Take to Minimize the Risk of Financial Problems U.S. bankruptcy law was enacted to provide individuals with an opportunity for a fresh start. While there should be no stigma in taking advantage of those laws, the bankruptcy process can be arduous and time-consuming, something you'd like to avoid, if at all possible. Here are … [Read more...]
Using Bankruptcy to Discharge or Reorganize Medical Expenses
Take the Right Steps to Maximize Your Benefit When you're hurt in an accident or suffer a debilitating illness, your first priority needs to be your health. But what are your options if you require care that's not covered by your health insurance? Can you use a bankruptcy filing to permanently rid yourself of exorbitant medical costs or reorganize … [Read more...]