Best Practices to Do Prior to Filing for Bankruptcy

Bankruptcy

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  • 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…

  • Can the State Harass Me Over Child Support After a Chapter 13 Bankruptcy?

    When you file for bankruptcy, the automatic stay goes into effect. This is a stop on all debt collection attempts from your creditors. It is meant to give you some “breathing room” as you work through the bankruptcy process. There are two notable exceptions to this stop: collection attempts for child support and collection attempts for alimony. If you are delinquent in your payment of either of these orders, the state is authorized to take actions to collect the money you owe. These actions can include wage garnishment and seizure of your tax return or lottery winnings.  It is Not Harassment; It is the State Ensuring your Children are Supported The reason why the automatic stay does not halt child support and alimony payments is…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • How will Bankruptcy Affect my Credit Report?

    Here is the short answer: your bankruptcy case will remain on your credit report for several years and it will reduce your credit score initially, but it will improve. There is no way around these facts; they are simply part of the bankruptcy process and something you agree to when you file for bankruptcy. The chapter you file plays a role in how the bankruptcy affects your credit report, as well as the actions you take after you file for bankruptcy. Even if you do not file for bankruptcy, debts for which you are responsible, can impact your credit score. These include accounts named in bankruptcy cases that name you as a beneficiary, tax liens, judgments, and third party debts in your name.  Ways Chapter…

  • The Trap of Debt Consolidation

    For any consumers in the Orlando area who are struggling with debt, it can be difficult to know where to turn. You may be seeing commercials and advertisements for debt consolidation, which often come with promises to help you get your finances back on track while avoiding bankruptcy. While consolidating debt may be able to help some consumers, debt consolidation is rarely the answer for many Floridians who are hoping to find a solution to significant financial problems. To be sure, debt consolidation is often a trap for many consumers in need who learn the hard way that debt consolidators take money from consumers without ultimately helping those consumers to gain control of their finances. In the end, many consumers who attempt to use debt…

  • I Filed for Chapter 7 Bankruptcy. Will I lose my Assets?

    If you are facing an insurmountable level of personal debt, you may be considering Chapter 7 bankruptcy. Chapter 7 bankruptcy can result in the loss of certain of your assets, but in the vast majority of cases,  the filer’s exempt assets are mostly exempt and you can retain them. An experienced Bankruptcy lawyer will work with you to determine how you may be able to retain your assets in an ethical manner. Cash Any cash you have available, either on hand or in savings or checking accounts, is an asset of your Bankruptcy estate to which the Trustee can look to pay your creditors. However, there are so many exemptions that apply to these funds, that with careful ethical planning, you may plan your bankruptcy…