The Trap of Debt Consolidation

Bankruptcy

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  • 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…

  • 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…

  • 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…

  • Eliminating Divorce Obligations through Bankruptcy

    Bankruptcy is a tool used by many to reduce debts that they cannot reduce on their own. Individuals struggling with personal debt can use Chapter 7 or Chapter 13 bankruptcy to discharge their debts. If you are considering filing for divorce, you might be worried about the costs involved with the divorce process and the debt you might face when the process is complete. Discuss your concerns with your lawyer to get a better sense of what you can expect from your specific case. Bankruptcy and the Automatic Stay When you file for bankruptcy, an automatic stay is enacted. This is a court order to your creditors to cease all collection attempts until the bankruptcy is finalized. Having an automatic stay in place to stop…

  • 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…

  • 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…