6 Things You May Not Know You Can Do in Bankruptcy

Bankruptcy

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  • Dispelling Myths about Filing for Bankruptcy

    Filing for bankruptcy is a big step toward regaining control of one’s finances, but for many people contemplating this decision, negative myths can delay taking action. Life is full of unanticipated and uncontrollable events that can derail a person’s financial security – major illness, serious accidents and long-term unemployment – to name just a few, and bankruptcy exists to help these individuals get out of this untenable situation and start over with a clean slate. Bankruptcy offers those overwhelmed with financial concerns the ability to find peace of mind again by allowing them the ability to have a fresh, debt-free start. However, before initiating the bankruptcy process it is important to dispel some myths about the process and repercussions so debtors have a better sense…

  • When you are Facing Bankruptcy, You Need to be Completely Honest with your Lawyer – No Matter How Embarrassing

    Your lawyer is a professional. When you work with a bankruptcy lawyer, you trust that lawyer to help you reduce your debt by advising you through each step of the bankruptcy process. Each bankruptcy case is unique, and a strategy that helps one individual get out of debt will not necessarily help somebody else. Because each bankruptcy case requires such specialized attention, clients need to be completely transparent with their lawyers to ensure that they receive effective, customized bankruptcy strategies. It can be embarrassing to discuss certain details of your financial or personal life with your lawyer. Although you might be tempted to conceal certain facts, this can actually harm your case. Be honest with your lawyer at all times. This is the only way…

  • When Relationships Go Bankrupt, the Obligations Do Not

    Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the wallet. For this reason, it is no surprise that many divorcees ask their divorce lawyers how they might use bankruptcy to either reduce or eliminate support obligations. Ultimately, however, this is not possible. Under the U.S. Bankruptcy Code (11 U.S.C. 523(a)(5) and 11 U.S.C. 101(14A)), “domestic obligations” cannot be discharged in a bankruptcy. Of course, this makes sense. If you were not getting divorced, to the extent you are able, you…

  • Misconceptions About Chapter 13 Bankruptcy

    When most people file for bankruptcy, they file under Chapter 7 of the U.S. Bankruptcy Code. However, there is another alternative. Chapter 13 is available to debtors who have slightly different circumstances than the average bankruptcy filer, and while there are a few more obligations to filing Chapter 13, it may benefit you more than a Chapter 7 bankruptcy. Myth: A debtor must have very low income in order to file  Chapter 13.  False – a Chapter 13 filing is actually referred to as a wage earner’s plan.  You must have enough income to be able to make monthly payments on your plan – without it, a Chapter 13 plan is not viable.  If you have very low income, a bankruptcy professional will likely counsel…

  • I’m Going Bankrupt: Can I Save My Business?

    Central Florida is home to many small business owners and plenty of not-so-small business owners. Bankruptcy lawyers in Orlando are often confronted with this difficult question, because going bankrupt is a very different process for those who earn their living by being self-employed. After all, if you are working for someone else, you may not be fired for going bankrupt. Your income stream continues even after your debts are discharged. However, the self-employed person may be forced to close his business. This reality causes many self-employed people to struggle and avoid bankruptcy for years under the mistaken belief that they have no other options. But there is hope. What is Chapter 7? Chapter 7 is a straightforward type of bankruptcy. Although you must qualify, once…

  • Three Ways to Restore your Credit After Bankruptcy

    When a person finally resolves to file for bankruptcy, it can be quite an emotional journey. Some feel anxiety about the future; others find a long-deserved sense of relief. Whatever the emotions, one question typically hangs over people: How do I restore my credit after this? The answer is pretty straightforward. Time and good decisions are the only true ways to improve credit, whether after a bankruptcy or not. Still, there are a few very simple things you can do to speed up the process and get started on the road to recovery. #1: Obtain new credit Most creditors are reluctant to give credit to those who have filed for bankruptcy protection within the last year. This, however, is not an absolute rule. In fact,…