Worried that a bankruptcy judge or trustee is going to scour your spending before bankruptcy, looking for behavior that would disqualify you from bankruptcy relief. It’s not so. Yet there seems to be real anguish that “they” are going to toss your case out of bankruptcy court because of some “fault” in how you’ve handled […]
Will I Get a Discharge in My Bankruptcy Case
Getting a bankruptcy discharge is what almost all cases are about. So the question of whether or not you’ll get a discharge looms large in Chapter 7. The short answer is that if you are eligible for a discharge, you’re almost certain to get a discharge. Eligibility, in this context, looks at whether you’ve gotten […]
California drivers score huge bankruptcy win
California law, effective January 1, 2023, will assure those who file bankruptcy that they can keep their car as long as they stay current on payments. No longer does a debtor have to give up their discharge as to the car lender to be sure of keeping the car. The same bill, SB 1099, increases […]
What The Fool Got Wrong About Filing Bankruptcy
The famous poem begins, “how do I love thee? let me count the ways”. But what if it’s not love that we are counting, but loathing? Let me count the ways I loathe the Motley Fool’s article asking should I file bankruptcy? The Fool’s underlying assumption is that people in debt flock to bankruptcy as […]
The Tortoise Is The Mascot Of Retirement Savings
Every campaign needs a logo. Make the logo of your retirement planning a turtle, rampant. Rampant, you say? Turtle? In the Middle Ages, knights put their ID’s on their shields in elaborate heraldry that told bystanders who he was, what his birth order was, and which side of the blanket he was born on. Heraldry featured animals, […]
Time Runs Out For Claiming A Tax Refund
Did you know there’s a deadline for claiming a tax refund. If you are entitled to a tax refund for an old tax year but haven’t filed the return yet, time’s running out. If you are more than three years late in filing your tax return, you forfeit any tax refund that you would otherwise […]
Everyone gets the $1 M bankruptcy exemption
Bankruptcy exemptions vary from state to state, but everyone gets an exemption of $1.5 M for money in an IRA. It’s part of the Bankruptcy Code (section 522(n)) that applies to all filers, wherever they live. The exemption covers both classic, before-tax IRA’s and Roth IRA’s that are funded with after-tax dollars. Roll-overs into an […]
At Risk of Repossession? How To Keep The Car & Pay Less
If you are one of the 7 million Americans late on your car payments and living in fear that your car will be repossessed, consider how Chapter 13 bankruptcy can save your wheels. Losing your car can accelerate a torrent of nasty financial consequences. No car, no way to work. No work, no income. So, […]
Don’t Tidy Up Before Seeing A Bankruptcy Lawyer
Don’t tidy up your financial affairs before consulting a bankruptcy lawyer to plan for bankruptcy. Your current mess may present opportunities to plan your case for a better outcome. You may waste money or lose bankruptcy options when you make last minute changes to your situation without understanding how that situation plays out in bankruptcy. […]
When Your Bankruptcy Discharge Doesn’t End Your Case
Isn’t my case over? I got my discharge. Why’s the bankruptcy trustee still hounding me?, my client asks. People who’ve filed bankruptcy are focused on the discharge as their goal. With their discharge in hand, they think it’s all over. They lose sight of the fact that the administration of a bankruptcy estate by the trustee runs on a parallel track to […]
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