What Not to Do When you File for Bankruptcy

Bankruptcy Law

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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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…