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?

Christmas Shopping on a Budget

Ever had a Black Friday Hangover?  A Black Friday Hangover is when you overindulged on so many seemingly great deals that you ended up overspending and now dread the ensuing financial headache.  There are ways to enjoy Christmas shopping and avoid the hangover but you must be diligent and remember the magic word:  ”No”.
1.  Just say No to Store Credit Cards

Christmas Shopping on a Budget

Ever had a Black Friday Hangover?  A Black Friday Hangover is when you overindulged on so many seemingly great deals that you ended up overspending and now dread the ensuing financial headache.  There are ways to enjoy Christmas shopping and avoid the hangover but you must be diligent and remember the magic word:  ”No”.
1.  Just say No to Store Credit Cards

Florida Mortgage Foreclosure and Liability

A topic of much concern is liability in a residential mortgage foreclosure in Florida.

In the origination of a typical residential mortgage transaction, there are two instruments - the promissory note and the mortgage. The promissory note documents the actual terms of borrowing and the mortgage provides for a lien on the real property to secure the debt of the promissory note.

Location, Location, Location: Pick And Choose Where You File Your Bankruptcy Case, It May Affect the Outcome

A significant consideration in filing your bankruptcy case is "venue" -- that's legalese for the physical location of the court in which you file.

It's a powerful feature of bankruptcy -- especially for business bankruptcy cases under Chapter 11 - that you may be able to pick the court, and that, in turn, can have a bearing on the legal outcome.

Location, Location, Location: Pick And Choose Where You File Your Bankruptcy Case, It May Affect the Outcome

A significant consideration in filing your bankruptcy case is "venue" -- that's legalese for the physical location of the court in which you file.

It's a powerful feature of bankruptcy -- especially for business bankruptcy cases under Chapter 11 - that you may be able to pick the court, and that, in turn, can have a bearing on the legal outcome.

Can I Use My Tax Refund To File Bankruptcy?

I am frequently asked whether or not you have to surrender your tax refund if you file for bankruptcy.  While that topic is addressed in a different post, the popular and appropriate follow-up question is what to do with the refund once it is received.  Though you have to be careful if you spend large amounts of money prior to filing bankruptcy (you don't want to give out a gift or pay back a family member or friend), the court understands that you have to pay an attorney to file your bankruptcy

A Bankruptcy Lawyer The Banks Fear: Elizabeth Warren Speaks Up to Defend Consumers Abused by Shady Mortgages

I had to smile when I read the news that the banks were now lobbying to keep former Harvard bankruptcy professor and Senator-elect Elizabeth Warren from getting appointed to the Senate banking committee.

Lobbying is not cheap. It runs into the millions of dollars for a campaign. And, like most good businesspersons, I am sure the banks did some cost-benefit analysis in making this decision.

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