When you are Facing Bankruptcy, You Need to be Completely Honest with your Lawyer – No Matter How Embarrassing

Bankruptcy

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  • Do I Still Have to Pay Alimony if I File for Bankruptcy?

    If you have an alimony order, you are familiar with the financial pressure it can put on you each month, especially when you are also dealing with personal debt. Though it can be tempting to just ignore your alimony order or pay less than you are required to pay, do not give into this temptation. When you have an alimony order in place, you are legally required to make your payments. Filing for bankruptcy will not terminate your alimony order. Understanding What the Automatic Stay Stops and Does Not Stop When you file for bankruptcy, the automatic stay goes into effect. This is an automatic order that stops all creditors’ collection attempts, basically pausing your responsibility to repay your debts. However, it does not stop…

  • I’m Going Bankrupt: Can I Save My Business?

    Central Florida is home to many small business owners and plenty of not-so-small business owners. Bankruptcy lawyers in Orlando are often confronted with this difficult question, because going bankrupt is a very different process for those who earn their living by being self-employed. After all, if you are working for someone else, you may not be fired for going bankrupt. Your income stream continues even after your debts are discharged. However, the self-employed person may be forced to close his business. This reality causes many self-employed people to struggle and avoid bankruptcy for years under the mistaken belief that they have no other options. But there is hope. What is Chapter 7? Chapter 7 is a straightforward type of bankruptcy. Although you must qualify, once…

  • 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…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When 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…

  • I Cannot Get a Handle on my Debt. Is Bankruptcy my Only Option?

    Probably not.  In many cases, individuals with significant levels of personal debt have multiple options for taking control of their debt.  Although bankruptcy is often one of these options, it usually is not the only option and in some cases, it is not the best option. Below are a few alternate options to bankruptcy to consider. Each has its pros and cons and depending on the details of your case, bankruptcy could be the right choice for you. To make this determination, speak with an experienced bankruptcy lawyer. Consider Settling your Debts with your Creditors Depending on your credit history and the amount of money you owe, you might be able to settle your debt with your creditors without having to pay off the full…