Corporations and LLC's don't get a discharge in a Chapter 7 bankruptcy, so what's the point of filing? Ensuring that business assets go to pay payroll, benefits, and taxes is a compelling reason. Chapter 7 is a liquidation proceeding; the trustee appointed by the court will...
Even if you surrender your home in bankruptcy, you are still liable for your homeowner's or condominium owner's association dues that become due after the date of filing. As a general rule, all the debt that you owe on the day you file your bankruptcy is...
STUDENT LOANS: Several factors should be considered regarding student loans. First, student loans, including parent PLUS loans, are generally not dischargeable in bankruptcy without a showing of undue hardship. The burden to prove undue hardship is very great. Second, if you are in financial difficulty,...
STRESS: Being deep in debt, receiving harassing calls from creditors, being threatened with garnishment, repossessions and foreclosure will often cause you and your spouse to experience overwhelming stress and anxiety. Your children, even young ones, also feel the stress. It affects their school...
I'll admit that most of my clients never wanted to come see me. Most of my clients are embarrassed by the fact that they even have to ask about filing bankruptcy. Struggling with debt is hard and it can literally suck the life right out...
A Zombie Deed is a piece of real estate that you thought was gone, foreclosed, lost forever and no longer yours, but to your dismay, you find that you still own the property long after you thought it was gone. For example, you know you have...
I see people make many mistakes when filing for bankruptcy. It could be in their paperwork or it could be failing to plan appropriately. Here are the top two things that people do wrong when filing for bankruptcy protection. Using Your IRA, 401K or other Qualified...
The short answer to this question is "no," you cannot cancel your bankruptcy filing and somehow undo the process. You may be able to dismiss your case, or your case may be dismissed by the court, but a dismissal is not the same thing as...
If your income is above the median income for your household size, you must complete a "means test" when you file your bankruptcy petition. To determine whether you are above or below the median income, your gross income for the six month period prior to...
After you file a bankruptcy case, you are required to attend a meeting of creditors. This is scheduled for about a month after your petition is filed, and is usually the only appearance you will need to make during the bankruptcy process. Your attorney should prepare...
