In short, if you’ve been garnished more than $600.00 in the 90 days prior to filing a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy, you disclose the garnishment to your Trustee and have exemptions available to protect the garnished wages, we can get those funds back for you.
Read MoreThe Trustee is attempting to find any assets which he or she can liquidate for the benefit of your creditors. The hearing is generally very short, about five to ten minutes. Your attorney will have already asked you the same questions that the Trustee will ask, so there should not be any surprises. As long as you have been completely honest with your attorney, the meeting of creditors is almost certain to be a quick and simple meeting. Make sure that you bring your license or ID card and your Social Security Card! The Trustee must examine these items to verify your identity. Failure to bring these items will result in your case being continued.
Read MoreWhen you file a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy all of your assets become property of the bankruptcy estate. You may then protect your property by claiming the correct exemptions. Doing so will keep your property from being taken in a Chapter 7 Bankruptcy and will make your payment lower in a Chapter 13 Bankruptcy.
Read MoreBankruptcy can serve as an excellent retirement planning tool. By eliminating your unsecured debt, you are freeing up money that can be used to contribute to retirement savings. If you are uncertain about your retirement and struggling with overwhelming debt, contact us today for a free consultation. Bankruptcy just may be your key to a successful and happy retirement.
Read MoreBottom line, if you receive a call from a creditor that you forgot to list on your bankruptcy schedules and the debt was incurred prior to the date your case was filed, you will not be obligated to pay that debt if your case was a no asset Chapter 7. Inform the creditor of your filing, and you will be fine to carry on your new life with the peace of mind that filing for bankruptcy can give you.
Read MoreFiling bankruptcy prior to divorce will save you money. We’ve already discussed the cost associated with addressing debts in bankruptcy, but if you’re both headed towards filing, it will be cheaper to file together, before the divorce. By filing together, you will only have to pay one attorney and one court filing fee. Even if you and your spouse are no longer living together, you may still file a joint bankruptcy if you are still legally married.
Read MoreIf you have filed bankruptcy, you will not include the discharged debt in your gross income. The section further explains that if you have not filed bankruptcy, you may still exclude this amount from income if you were insolvent at the time the case was filed. This simply means that if your liabilities exceed your assets, you will not have to recognize any forgiven debt as income. You would be surprised at how many tax preparers do not know this.
Read MoreWhen you reaffirm the debt, you are telling the creditor and the Bankruptcy Court that you will continue to honor the mortgage and be legally liable for that debt. If you are unable to pay in the future, your home may be foreclosed. Additionally, if you live in a recourse state, the creditor may seek recovery against you if the home sells for less than is owed against it.
Read MoreAllied Bankruptcy has updated their website! Please take a second to head on over to www.alliedbankruptcy.com and give it a once over, then if you would like, leave us some feedback at the bottom of this blog, or on Facebook. Send any bankruptcy related questions to andrew@magdylaw.com, or call us at (314) 802-8328.
Read More11 U.S.C. § 722 allows you to “redeem” a vehicle. This means you pay the fair market value of the vehicle at the time of filing instead of the outstanding balance. If you have a car that has greatly depreciated or a loan with a high interest rate, you may be able to keep your and save hundreds of dollars per month by performing a redemption.
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