DO I HAVE TO GO TO COURT IF I FILE BANKRUPTCY?

Normally, you can file bankruptcy without ever stepping in a court room.  Without question you will have to attend a meeting with the bankruptcy trustee, but this isn't a court proceeding and no judgments can be made at this meeting.  Everyone who files bankruptcy, whether chapter 7 or chapter 13, has to attend this meeting with his or her attorney.  It is simply a chance for the trustee to ask you a few questions under oath regarding the truthfulness of your bankruptcy paperwork.  For chapter 13 filers, a confirmation hearing with the judge is scheduled to occur about a month after the tru

Ask a Bankruptcy Attorney: I Don’t Own Anything. Can I file Chapter 7?

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Marco Bellucci / Foter / CC BY

Q:  I want to file Chapter 7 bankruptcy and I should qualify because I don’t own anything, right?  The only thing I have is my car and my house.  I would pay all my bills now but I’m waiting on a lawsuit settlement that hasn’t come in yet.  –Amanda P.

Bankruptcy, short sale, debt forgiveness tax and the fiscal cliff

The 2007 Mortgage Forgiveness Tax Relief Act expires December 31, 2012.   That’s one of the tax cuts, put in place when George Bush was president, that are about to expire.  This one may force more people to file bankruptcy.

How do Bankruptcy Attorneys get Paid?

Bankruptcy attorneys most often charge an up-front, flat fee.  In fact, it may even be unlawful for a bankruptcy attorney to collect money from you after the filing of the bankruptcy since even the bankruptcy attorney can be forbidden by the bankruptcy to collect on monies owed once the case is filed.  It is common for bankruptcy filers to get help with the cost from friends or family, or to to save up for the cost by stopping payments on debts that will soon be eliminated through the bankruptcy.  It is also common for bankruptcy filers to use their tax refund money to pay for the bankruptc

Will I Lose My Retirement or 401k Account in Bankruptcy?

If you file bankruptcy in Utah, you will not lose your retirement or 401k account in bankruptcy.  Retirement accounts are exempt from liquidation under Utah's exemption law, which means that the bankruptcy trustee may not take that money from you.  However, you should not try to deposit a large amount of money into your retirement account before filing, since it is possible for a trustee to take that amount.  Be sure to consult a bankruptcy attorney before putting in or taking out money from your retirement account prior to filing for bankruptcy.Adam Brown is a bankruptcy attorney for Dexte

The Tenancy By Entirety Exemption In Missouri

A Tenancy by the Entirety (TBE) is a form of property ownership in Missouri, and a few other states, reserved for married couples.  Missouri recognizes TBE ownership in both real and personal property.  Property owned as tenants by the entirety belongs to the marriage, which means that both husband and wife own the property as [...]

Mortgage Foreclosure and Discharge of Indebtedness Income

A mortgage foreclosure may also have federal income tax consequences. One issue is "discharge of indebtedness income." This can be understood as the IRS's attempt to tax you on money you were loaned but are not going to repay. The mortgage lender may be required to report the amount of the cancelled debt to you and the IRS on a Form 1099-C, Cancellation of Debt. Fortunately though there are various exceptions to this rule and even a recently added exception.

Individual Chapter 11 – How Much Will My Plan Payment Be?

Chapter 11 is most often associated with business bankruptcies; however, it is also a necessity for a few high-income individuals who have debt limits that surpass the Chapter 13 statutory requirements. You see, if you have more than approximately $360,000 (this number increases every now and then) in unsecured debts or $1.1 million in secured debts, you are not qualified to file a Chapter 13. Antiquated? Of course, but what else do you expect from Congress?

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