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Should I file a bankruptcy to delay my foreclosure?

Nov 12, 2019 By: Michael A. Cibik

If you fall behind on your mortgage payments, you may be at risk for foreclosure. If you are facing foreclosure, bankruptcy may help. Once you file either a Chapter 7 or Chapter 13 bankruptcy, the court will issue an automatic stay. This causes creditors to cease collection from you immediately.   By filing a Chapter…

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Can I sue someone who has filed for bankruptcy?

Nov 06, 2019 By: Michael A. Cibik

Bankruptcy’s automatic stay stops most lawsuits once the bankruptcy is filed. Typically, you will not be able to file a lawsuit if it relates to certain debts which include: personal loans, credit card balances, medical bills, utility bills, unpaid rent, unpaid car payments, home foreclosures or accidental personal injury cases.   There are some instances…

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Do both spouses have to file for bankruptcy?

Oct 25, 2019 By: Michael A. Cibik

Married couples can file together in a joint bankruptcy that combines both spouses’ debts and property into the same case. The overall goal is to discharge your debt and keep more of your property. In most cases, filing together will allow you to accomplish this. When only one spouse files, the spouse who does not…

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Can I give a creditor preference in a bankruptcy?

Oct 16, 2019 By: Michael A. Cibik

In bankruptcy, the priority that creditors receive is determined by the type of debt. The first party to be paid is the United States Bankruptcy court who charges fees for filing. Next to be paid is secured creditors, or creditors who hold a lien on property that is in possession of the debtor. Examples of…

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Is filing for bankruptcy bad?

Sep 30, 2019 By: Michael A. Cibik

Bankruptcy sounds like a bad word, but it can be the best thing for you if you can’t pay your bills. Many people wrongly believe that bankruptcy means you lose everything. In fact, bankruptcy usually helps you keep your property and gives you an opportunity to start over.   Many people wonder whether bankruptcy will…

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What is the difference between Chapter 7 and Chapter 13?

Sep 18, 2019 By: Michael A. Cibik

Chapter 7 is a liquidation bankruptcy. You don’t pay your debts back, but you may have to give up certain property in return. To qualify for a Chapter 7 bankruptcy, you have to meet certain income requirements. If you make too much money, or if you want to keep your property, you can file a…

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