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  • Will Bankruptcy Help With Divorce Obligations?

    Sometimes, a divorce can trigger a financial crisis for one or both parties involved.  Adding divorce-related financial obligations like alimony or child support can cause significant problems, which may even lead to bankruptcy.  It is perhaps natural to wonder if filing for bankruptcy will eliminate any of these obligations. Support Obligations The U.S. Bankruptcy Code allows individual debtors to file under either Chapter 7 or Chapter 13 protection, depending on their income level and the nature of their debts.  Regardless of which chapter you file under, however, the Code is clear: support obligations are not dischargeable in bankruptcy.  Support obligations, by the Code’s definition, include nearly every expense associated with them: alimony, child support and lawyer fees, connected with alimony and child support. The rationale…

  • Bankruptcy & Private School Issues

    For a variety of reasons, many parents in the U.S. choose to send their children to private schools. It can be a good fit for some children, but it does come at a cost. These school costs can become an issue if one or both parents file for bankruptcy. While a lot will depend on your specific situation, it is important to be aware how bankruptcy courts view private school if you are seeking to discharge your debts. Chapter 7 Filings Those debtors wishing to file for bankruptcy under Chapter 7 may worry that private school education expenses may affect their eligibility to file for bankruptcy. Generally, the bankruptcy court does not consider private school a necessity and it may consider the funds spent on…

  • 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…

  • 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…

  • 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…