Filing for bankruptcy

Keeping Liens At Bay In Bankruptcy

Call: 888-297-6203 One of the most effective weapons in the bankruptcy toolbox for getting a real new start in bankruptcy is the debtor's ability to avoid certain liens on his assets. Liens generally move through bankruptcy undisturbed by the discharge, according to the usual norm. Only the debtor's personal obligation is discharged in bankruptcy. If the debtor owns any property, it continues to be subject to any liens that may still be in place against it. The creditor with the lien can still pursue the property after the bankruptcy, but they are unable to use the discharge to [...]

2023-06-27T05:35:51+00:00

Debt And Senior Citizens

Call: 888-297-6203 Elderly people who are trying to pay off big credit card debt with really limited income, typically only Social Security have been showing up more frequently lately. These consumers want to pay their debts off badly, but in our professional view, it is neither possible nor prudent to make the sacrifices necessary to do so. Attributes In an effort to uphold their ideals about debt repayment, I worry that too many of our seniors are under constant stress and making sacrifices with regard to their dietary needs, medical care, and emergency financial reserves. Credit cards and credit card [...]

2023-06-27T04:44:00+00:00

Does Bankruptcy Put Social Security At Risk?

Call: 888-297-6203 Social Security is a common concern among elderly people.  Social Security is a crucial lifeline for many, regardless of whether the "they" are creditors or a bankruptcy trustee. Our Social Security benefits are shielded against levies, garnishments, and assignments by common creditors under a universal federal statute.  This means that no one, not even a creditor with a court order, can stop anyone from receiving Social Security benefits or take money away from someone once it has been deposited into one's account. Recent laws mandate certain actions that must be taken by a bank that receives [...]

2023-03-31T08:43:26+00:00

Bankruptcy Meeting Of Creditors

Call: 888-297-6203 Any debtor who files for bankruptcy must appear in person once, regardless of the chapter they choose. At the initial creditors' meeting, that appearance is made. Since the judge isn't there, it isn't truly "court"; rather, it is a conference with the trustee and any creditors who wish to attend. It's most likely not even in a courtroom, but rather in a meeting room. The majority of consumer lawsuits have no creditors at all. The initial creditors' meeting Each case's creditors' conference is scheduled by the court, typically 30 days following the filing. After the part [...]

2023-03-30T12:18:42+00:00

Will Bankruptcy Cause Me To Lose My Retirement Funds?

Call: 888-297-6203 Pensions are protected against bankruptcy. In a bankruptcy filing, the majority of retirement resources are safeguarded. The retirement assets are either not part of the estate or you might claim that they are immune from creditors' claims. The bankruptcy exemption of more than $1 million for IRAs was, in my opinion, the sole positive outcome of the 2005 changes to the Bankruptcy Code. Estate exempt from ERISA plans Employee interests in qualifying pension plans under ERISA, the federal statute governing pensions, are not assets of the estate; the debtor is not even required to exclude them [...]

2023-03-31T08:48:27+00:00

The Bankruptcy Property – All You Need To Know

Call: 888-297-6203 The possessions of the bankruptcy petitioner are referred to as the “bankruptcy estate.” The estate is used to satisfy any debts owed to creditors. All of the debtor's assets are included in the bankruptcy estate once a bankruptcy case is filed. Through claims of exemption, the debtor is able to take property out of the estate. The vast majority of bankruptcies involve people who have no assets. These are situations where there are either no non-exempt assets at all or when the value of the non-exempt assets is insufficient to justify sale and distribution of things. [...]

2023-01-17T13:54:02+00:00

What Are The Common Exceptions During Bankruptcy?

Call: 888-297-6203 Every person who files for bankruptcy is allowed to maintain the minimal assets thought to be required for the debtor's post-bankruptcy “new start.” The debtor's "exempt property" is that item. The schedules submitted to start the case list the debtor's property as exempt. They become legally binding 30 days after the creditors' meeting if no challenges are made to those claims. The bankruptcy estate no longer owns the exempt property. For the following reasons, the majority of Chapter 7 cases are no-asset cases, meaning that the debtors do not transfer any assets to the trustee. First, [...]

2023-06-15T09:13:28+00:00

Should You File For Bankruptcy?

Call: 888-297-6203 Making the choice to file for bankruptcy can be challenging. Almost everyone who is faced with this choice oscillates between "Fight" and "Flee": fight to pay off the debts vs escape the ongoing strain and start afresh. Our judgement. Various bankruptcy options To make a choice, you must be aware of your options. On your own, are you able to prevent bankruptcy: Make a budget for your actual, monthly living expenses before exploring non-bankruptcy options. Include mortgage and auto payments, but disregard any other outstanding debt. Can you pay off your obligations other than your mortgage [...]

2023-06-15T09:09:54+00:00

Why Take Into Account Chapter 13 Bankruptcy?

Call: 888-297-6203 People who file for Chapter 13 bankruptcy are given a repayment plan that is under court supervision. Depending on the debtor's means and objectives, the amount paid to creditors might range from nothing to 100%. The plan shields the debtor from collection efforts throughout the legal proceeding and dismisses any remaining balance of dischargeable debts at its conclusion. Why claim bankruptcy in order to pay? In Chapter 13, the debtor may order creditors to adhere to a debt management plan. All creditors are required to follow the plan once the court rules that it is compliant [...]

2023-06-15T09:04:04+00:00

4 Guidelines For Giving Evidence At A Bankruptcy Hearing

Call: 888-297-6203 Your initial creditors' meeting will be held in court?  Users think, "What are they going to ask me?" In their minds, most bankruptcy clients take a test on the information in their bankruptcy documents.  Or even worse, asking them why they felt the need to declare bankruptcy.  That's something improbable. It is much more likely that the initial creditors' meeting will be a boredom. A very thorough list of inquiries that a Chapter 7 trustee could make at your bankruptcy hearing is listed below: Pay attention to the query Listen to the trustee's inquiry all the way [...]

2023-06-15T09:01:33+00:00
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