Considering Bankruptcy During Tax Time

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  • 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…

  • What Are Bankruptcy Exemptions?

    When you decide to file for Chapter 7 or 13 bankruptcy, you may fear that you will have to surrender all your assets or be restricted to subsistence income. However, this is not the case.  There are some assets that the government has no interest in taking, and there are some which will fall under what the Bankruptcy Code calls exemptions. Florida maintains a list of exemptions, so that those who are forced to file can still retain most if not all of their possessions. State vs. Federal Exemptions In Florida, unlike in some other states, a filer may not use the federal government exemptions for his bankruptcy with rare and specific exceptions.  However, it is generally considered to be a better deal, as the…

  • 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 to Know When it is Time to File for Bankruptcy

    For many people, “bankruptcy” is a bad word. It often has connotations of failure or an inability to control one’s own financial habits. These connotations are untrue and harmful – individuals and companies use bankruptcy as a tool to manage their outstanding debt for many different reasons. More often than not, the circumstances that lead to bankruptcy are beyond the filer’s control, such as catastrophic health care costs.. But the negative stereotype that many have about bankruptcy may keep deserving people from seeking the relief they are entitled to. If you are only able to make the minimum payments on your debts and you find yourself watching your debts increase or remain stagnant despite these payments, it might be time to file for bankruptcy. If…

  • How Will My Bankruptcy Affect My Spouse?

    Bankruptcy is a last resort for the overwhelming majority of people. If you are forced by circumstance to have to file, you almost certainly have a thousand questions about the future, and that load doubles if you are married. Many couples file for bankruptcy jointly, but this is not always the best choice, and either way, it is important to be aware of the potential effects on both your and your spouse’s financial future whether or not you choose to file jointly. Should We File Together? In some situations, it can actually be advantageous to file for bankruptcy as a couple, most often if your financial situations are comparable. If both of you are heavily in debt, it may simply save time and money to…

  • Do I Qualify for Chapter 7 Bankruptcy?

    For individuals who are struggling with personal debt, such as credit card or medical debt, there are generally two bankruptcy options: Chapter 7 and Chapter 13. Each has unique demands for the bankrupt individual and unique benefits. Although many consider Chapter 13 to be the less austere because you may keep unlimited assets, you might be in a situation in which Chapter 13 is less helpful to you than Chapter 7 bankruptcy. Whether this is the case for you depends on multiple factors, such as the reason behind your debt and your income to debt ratio. Chapter 7 bankruptcy is only available to individuals or businesses in certain financial situations. To qualify for Chapter 7 bankruptcy, an individual with mostly consumer debt must pass the…