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Should You Reaffirm Your Mortgage When Filing for Bankruptcy?

Jan 02, 2020 By: Michael A. Cibik

If you choose to file for bankruptcy under Chapter 7 of the U.S. Bankruptcy Code, one option you may be urged to consider is signing a “reaffirmation” of your obligation to make mortgage payments. You should not make that decision without the advice of your attorney. Each year, about three-quarters of a million Americans, file…

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Can filing for bankruptcy take my social security away?

Nov 22, 2019 By: Michael A. Cibik

A major concern for filing bankruptcy is whether your social security funds can be taken from you.  The good news is that social security benefits are exempt and therefore protected in bankruptcy.   This means you can continue to receive ongoing payments as well as payments you received prior to filing for bankruptcy if your…

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Will filing bankruptcy eliminate tax debts?

Nov 20, 2019 By: Michael A. Cibik

Once you file for bankruptcy, the automatic stay will go into effect. This means that creditors, including the IRS, cannot continue to collect money from you.  After the bankruptcy, the IRS can resume collection unless the debt has been paid in full or discharged.   Some tax debt can be discharged in bankruptcy. You can…

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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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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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