A debt collector’s threat to sue you usually produces terror. You’re scared about losing your wages, or your bank accounts. Scared about being served with process at work. The threat of a lawsuit often triggers the first call to my law office. Some collector has said he will take 25% of your wages, or will serve […]
Incorporating A Troubled Business: Work-around Or Worse?
Facets on a gem bend light and change how we see things. The same thing happens when bankruptcy law encounters a small business owner and the business itself. Seen from one angle of the law, the business is a valuable asset. Seen from another, it is nothing more than a job for the owner, having […]
Ten Debts That Follow You After Bankruptcy
Some debts just follow you out of bankruptcy. Not many but a few. These debts continue to be collectible even after a Chapter 7 discharge. The discharge in Chapter 13 is different and broader: just another reason to choose Chapter 13. 1. Family support Regardless of what it’s called, court ordered payments for support […]
Bankruptcy Discharge Slays IRS Form 1099
In a duel between a tax Form 1099 and a bankruptcy discharge, bankruptcy wins every time. The prize? no tax on debt discharged in bankruptcy. So, if you’ve already gotten your discharge, the creditor’s 1099, with your social security number on it, is no threat. But you do need to file another form to secure […]
Who Owns Your Business When You File Bankruptcy?
The bankruptcy trustee’s question was straightforward (if inartful) yet the business owner nearly blew the answer. The trustee asked: are you the sole owner of your business? When my client hesitated, she followed up: are you a sole proprietor? Focusing on the fact that he was the only person with an interest in the business, […]
When Is The Right Time To File Bankruptcy
It can be hard to know when it’s the right time to file bankruptcy. But I was blown away by the man who called my law office. Should I wait until all of my savings are gone to file bankruptcy?, the caller asked. And he didn’t mean, until my net worth is greatly reduced; he meant, until […]
Debt Collector Threats: Which Ones Are Real?
“What debt collector threats should people be afraid of?” was the question my friend bankruptcy attorney Cathy Moran asked. To which I replied, “Afraid of? Pretty much none of them!” Because they’re mostly all empty threats. You’re not going to jail, They are not going to come get you, Your credit is not about to […]
Financial Fundamentals: Credit v. Debit
Just because it’s plastic, doesn’t mean it’s a credit card. Yet when I ask my clients about their credit card accounts, too many of them proffer their debit card. And the confusion about plastic cards that aren’t credit cards isn’t confined to those in debt. My young adult son struggles with the distinction, too. So, […]
No Rush To File Bankruptcy
When the virus steals your income, it’s easy to be overwhelmed with unpaid bills and terrifying economic uncertainty. Immediate relief by filing bankruptcy may look appealing. Make it all go away, you say. I’ll never pay this off. But not so fast. With few exceptions, this bankruptcy attorney thinks it’s too early in this pandemic to […]
Reaffirm Your Car Loan: The Bankruptcy Fight You Hope To Lose
It isn’t often I go into bankruptcy court, hoping to lose. But when the issue is reaffirmation of a car loan, that’s the strategy. I desperately want the judge to deny approval of my client’s proposed reaffirmation of his car loan. And most of my judges will deliver, from the bench, the pitch I’ve made […]
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