Condo fees that come due after a Chapter 13 bankruptcy is filed are discharged at the conclusion of the case. In a victory for condo owners, the 9th Circuit Court of Appeals ruled that the more expansive Chapter 13 discharge trumped a bankruptcy statute sticking condo owners with the fees. Or really, this is a […]
Debts To The Government: Can They Be Wiped Out
It’s easy to assume that debts owed to the federal government can’t be discharged in bankruptcy. Easy, but wrong. Just because the creditor is Uncle Sam doesn’t mean the debt can’t be wiped out in bankruptcy. In fact, debts to the government range from freely dischargeable to not-in-this-lifetime nondischargeable. Honesty required for discharge All of […]
Can You Be Arrested For Not Paying Your Debts?
Despite the story spread all over about federal marshals arresting a man for an unpaid student loan, people aren’t arrested for debt. And Fox News got the story wrong. The man was not arrested because he owed money he hadn’t paid. He was arrested for blowing off a court order that he appear in court. […]
What To Do When Served With A Collection Lawsuit
Being served with papers in a California collection lawsuit doesn’t generally help your critical thinking process. In fact, that surge of adrenaline seems to blur the eyes and fog the brain. So when you scan the lawsuit papers and see a date, months down the road, you exhale and set the problem aside for another day. […]
Get Annual Credit Report For Free
When is FREE not FREE? In a world seemingly driven in all matters by credit reports, getting that report for nothing ought to be a good thing, But the commercial entities beat the federal government to the web address freecreditreport.com. And they also got a better ad agency that wrote catchy tunes promoting their product, […]
How To Wipe Out Tax Penalties In Bankruptcy
Tax penalties seem like a further insult when you’re having trouble paying the tax itself. Everything seems subject to an additional penalty: failure to file timely; failure to pre pay sufficiently; failure to be accurate. They mount up quickly, often equaling the unpaid tax. Bankruptcy can not only eliminate your liability for certain taxes, it […]
Bank Account Safe From Credit Card Debt
Your bank can’t take your money in an account to pay their credit card. That’s one less thing to stress about. Credit cards and bank accounts are an exception to the old saw that possession is 9/10th of the the law. After all, the bank would have possession of the money on deposit and a […]
Debts You Can’t Wipe Out In Bankruptcy
Three kinds of debt survive bankruptcy discharge, because they are unlike the other sixteen non dischargeable debts. Those three exceptions to discharge look, not at the kind of debt such as taxes, or support or student loans. Rather the exceptions look at how the debt arose. These exceptions prevent bad actors from escaping the consequences in bankruptcy. […]
The Strange Rules When A Creditor Is Left Off Bankruptcy Schedules
What happens if you miss putting a creditor on your bankruptcy schedules? In the bustle of preparing to file bankruptcy, a slip up is not uncommon. Notice is one of the fundamental rules of bankruptcy. Everyone to be affected by a bankruptcy case gets notice. That notice provides the creditor with an opportunity to participate […]
10 Top Tricks Of The Lending Industry
The tricks lenders use to sell you a bad loan are limited only by the imagination of the lender. And they’re all conceived with one end in mind — big profits, not helping you. And, unlike Pinocchio’s ever-growing nose, the consumer doesn’t see any tell-tale signs that warn of deception at work when credit’s being […]
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