What Not to Do When you File for Bankruptcy

Bankruptcy Law

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  • 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,…

  • 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…

  • Medical Debt is the Largest Cause of Bankruptcy: Rising Deductibles Will Not Likely Improve the Situation

    For five years now, the out-of-pocket costs of healthcare have escalated rapidly. Consider a 2014 report by Forbes, where it was explained that out-of-pocket costs went up by 8 percent between just 2013 and 2014 and is expected to continue to rise. In fact, the costs have doubled since 2009. And although more Americans are covered due to the Affordable Care Act, with deductibles increasing, the out-of-pocket cost of care has become so expensive that many Americans simply choose to cut costs by avoiding needed treatment that would not be covered under their plans. According to the USA Today, four out of 10 adults reported foregoing some sort of care due to high deductibles. Therefore, it should come as no surprise that medical debt has…

  • 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…

  • Loan Modification Now Available Through Chapter 7 Bankruptcy

    Orlando has one of the highest rates of “under water” mortgages in the nation. This means that many central Florida families owe far more on their homes than the actual fair market value. Instead of having an investment, these folks are saddled with a liability that they cannot even sell to escape the payments. Individuals in this unfortunate situation often turn to bankruptcy to save their homes and regain some financial stability. However, the process is not easy. Bankruptcy comes in two varieties: Chapter 7 or Chapter 13. Bankruptcy lawyers typically advise people who have significant assets to opt for Chapter 13, because this form of bankruptcy allows the debtor to restructure his or her debt and spread payments over a longer period. For low-income…

  • 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…