Do You Have to be Insolvent to File Bankruptcy?

FE_PR_100316_MiddleClass_Debt425425x282Being “bankrupt” and not being able to pay your debts should be considered two different situations.  You often hear people throw around the term or expression of going “bankrupt” when they file bankruptcy protection.  Yet, it may not necessarily mean you can’t pay what you owe. When a consumer is considered insolvent they may be [...]

Another Lottery Story with a Bankruptcy Angle

cash windfall and bankruptcyI ran across an interesting lottery story with an interesting bankruptcy twist. 

Can I stop bill collectors from calling me?

You most certainly can stop bill collectors from calling you once you hire an attorney to handle your debt situation.  Under the Fair Debt Collection Practices Act, creditors are prohibited from contacting you once they are made aware of the fact that you have representation.  If creditors violate this Act, they can be sued in+ Read MoreThe post Can I stop bill collectors from calling m

How Your Debts Should Be Reported on Your Credit Report After Bankruptcy

Most of our bankruptcy clients are understandably concerned with how their debts are going to be reflected on their credit reports after discharge. After you obtain a discharge of your debts, certain facts about your discharged debts may continue to appear on your credit report.

New Report Supports Student Loan Discharge in Bankruptcy

 Student Loan DebtThe Center for American Progress (CAP) released a report that suggests Congress should reclassify how student loan debt is discharged in bankruptcy.  The report encourages Congress to review laws for both private and federal loans and how they could be handled in bankruptcy.  Currently, student loan debt is almost impossible to discharge and it has [...]

Today In Bankruptcy – 08-29-2013

A sign advertising bankruptcy filing is seen hanging off a road sign in San BernardinoBringing you the most up-to-date news, tips and blogs throughout the web. Here’s your Bankruptcy Update for August 29, 2013 San Bernardino, California, gets bankruptcy protection China’s Debt-Laden Steel Industry On The Brink Of Bankruptcy My Employer is Filing for Bankruptcy-What do I Need to Know?  

Medical Debt Continues to Be Leading Cause of Bankruptcy

Medical DebtOut of the 70 percent of Americans who file for bankruptcy, over 60 percent of them file due to debt from medical bills.  Many consumers continue to struggle in paying medical bills and it continues to be the leading cause of bankruptcy.  A recent report looks at how ethnic groups such as Latinos face ongoing [...]

Insider Payments

Insider PaymentsYou got a large chunk of money and paid the loan from your Mom or other family member and now are ready to file bankruptcy. Or you have a high balance in bank accounts prior to filing a bankruptcy so you are going to take the money out and pay back a loan to a family member right? Wrong. There is a section of the bankruptcy petition where these sorts of payments must be specifically listed. You are going to disclose them on your petition but the money is already gone anyways so nothing the trustee can do about it right?

I am not eligible for Chapter 7 yet so I will file Chapter 13 and then convert when I am eligible for Chapter 7 discharge.

I am not eligible for Chapter 7 yet so I will file Chapter 13 and then convert when I am eligible for Chapter 7 discharge. Unfortunately no. Discharge eligibility is determined at the time a bankruptcy case is filed. At the time of the case is filed, using the date that the case was filed, it is determined whether the debtor or debtors is/are eligible to receive a bankruptcy discharge.

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