Published Wednesday, January 11, 2012 @ 6:30 pm

We talk a lot about the dangers of using credit cards, the nation’s plastic pariah that contributes to many living beyond their means, causes people to pay incredibly high interest, and in more cases than we care to share, leads a lot of folks to file for bankruptcy.

And so for the many thousands of you who were hoping to pay off credit cards quickly and easily as your New Year’s resolution, we have some bad news.…

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Published Friday, October 21, 2011 @ 7:46 pm

Since the real estate reckoning of 2007 launched what would become a global economic meltdown, average Americans just like you have been taking advantage of the sure-fire safe havens of personal bankruptcy. But part of successfully joining the more than 1.5 million people who will file in 2011, is planning for life following the fruition of that bankruptcy.…

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Published Monday, September 26, 2011 @ 7:24 am

Need signs that credit card companies are getting more aggressive with their credit card tactics and tricks? Well, there’s 346 million reasons from one particular credit card purveyor, Citigroup.

Based on a new report from The Wall Street Journal, in the third quarter alone, the bank mailed more than 346 million credit card offers to unwitting customers.…

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Published Sunday, September 4, 2011 @ 8:52 am

When you’re drowning in debt, and dodging your creditors, you may feel stuck—forced to eliminate your financial trappings as soon as possible and by any means necessary. But, in the process of dispensing with debt through the benefits of bankruptcy, it’s vital that you deal with that debt deliberately and follow certain rules pre-filing in order to assure that your financial future is as fruitful as possible.…

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Published Friday, May 27, 2011 @ 8:36 pm

We know what you’re thinking.

Another stressful tax season has officially come and gone, and you’re either expecting a well-deserved refund or you owe an obligatory amount to the Internal Revenue Service.

Regardless, we understand you’d rather not think about (or, at least read about) anything regarding taxes, tax time, or the financial implications of this taxing period.…

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Published Friday, March 4, 2011 @ 4:45 pm

In the mafia, there’s always a “fixer:” someone in the organization who will do the dirty work, get things done, and do so without any hesitation at all. And while the “fixer” is good at what he does, he has a tendency to be an unseemly character, whose unscrupulous tactics leave a lot to be desired.…

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Published Wednesday, February 16, 2011 @ 8:42 am

In the last century, it was not uncommon to hear of average Americans, understandably wary of a then-fledgling banking industry, hiding personal fortunes under household mattresses instead of placing them in various accounts.  And yet while wads of cash are even less common in today’s tough economic times—times when banks coincidentally are mistrusted more than ever—the idea of Americans hording whatever they have for a “rainy day,” is not.…

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Published Saturday, January 22, 2011 @ 7:24 am

In 2010, the Obama administration reworked its $75 billion Home Affordable Modification Program (AKA “HAMP”) in an attempt to better help those hardest hit by the housing crisis: homeowners who were unemployed or underwater in their mortgages (i.e., owing more on their loans than their homes are worth). Within these changes, (1) the unemployed could qualify for up to a six month stay on their mortgage payments;  (2) in turn, participating banks would receive financial incentives to reduce mortgage balances for underwater homeowners; and (3) lenders could refinance mortgage loans secured by the Federal Housing Administration.…

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Published Friday, January 14, 2011 @ 1:52 pm

The Supreme Court’s recent holding in the bankruptcy case of Ransom v. FIA Card Services, N.A., means new challenges regarding allowed expenses for Chapter 13 debtors.  In an eight to one opinion, the Court recently affirmed the Ninth Circuit’s ruling that a debtor may not deduct “vehicle ownership” costs when computing his Chapter 13 plan payment if that debtor happens to own his vehicle “free and clear.”

In layman’s terms, this means that a person filing bankruptcy under Chapter 13 cannot reduce his payments to unsecured creditors by claiming “ownership costs” for a car on which he owes no money.  In this case, the petitioner, Jason Ransom, filed for bankruptcy in 2006 and claimed a $471 monthly expense in his Chapter 13 payment plan for automobile ownership costs.…

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Published Tuesday, January 11, 2011 @ 3:28 pm

Ah, tax season: the oft-dreaded time when we’re all forced to assess a previous year’s worth of financial doings, pay back deficiencies and seek deductions. But this year’s tax season may become a bit more taxing for some as industry watchdogs are finding that the Internal Revenue Service is further targeting struggling taxpayers with aggressive tactics meant to retrieve all that is owed from already economy-ravaged Americans.…

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Published Friday, January 7, 2011 @ 6:52 am

As we’re all now aware, this decade’s economic downturn has dealt, and unfortunately continues to deal, a significant blow to the budgets of many American families, leaving millions in debt, facing foreclosure, and sometimes looking to any means necessary to break even, much less get back on a financially-healthy course. And so, once again, we’re finding that the beginnings of tax season can also yield it’s own set of challenges for some cash-strapped citizens as many turn to plastic to pay back what they owe the IRS.…

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Published Wednesday, December 29, 2010 @ 1:33 pm

In every film there’s a protagonist, a conflict, and a resolution. And over the years, famous film directors from Kubrick to Polanksi have painted the Metro Goldwyn Mater film lots with many of these three-part cinematic elements—elements that, in the golden age of filmmaking of the 20^th century, brought in billions for MGM’s coffers.…

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Published Tuesday, November 30, 2010 @ 5:26 pm

In every great relationship, transparency is essential. And a perfect match is often a partner willing to share their past relationships, their financial status as well as what they’re thinking. Similarly, in every fruitful bankruptcy, honesty is key. In fact, it is mandatory. So, if you’re bankruptcy bound, it’s always best to understand early on that, at the outset of your filing, you must act in good faith, revealing all salient points with both your bankruptcy attorney—the person or persons who represent you in your case—as well as your bankruptcy trustee—the person who administrates your case.…

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Published Friday, November 12, 2010 @ 10:38 am

The trigger that forces you to finally take the benefits of bankruptcy can come in many forms: unexpected medical bills; mortgage defaults; the implications of divorce. But, more often than not the culprit can come in the form of out-of-control credit card bills. And with good reason: Chapter 7 bankruptcy can virtually wipe all of those bills away with one, simple filing.…

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Published Tuesday, November 2, 2010 @ 8:42 am

As the economic meltdown lingers, layoffs continue and jobs remain hard to come by, many skilled and experienced Americans are turning to entrepreneurship to make ends meet. But, while it is a good time to take your financial future into your own hands in business, it is also important to understand that self-employed individuals who fall on hard times at any point in the business-building process can also take their financial future into their hands through bankruptcy.…

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Published Sunday, October 31, 2010 @ 5:41 pm

This week you may have seen many ghouls and goblins trolling around your neighborhoods, asking for tricks or treats. But, the scariest thing currently happening in your community is an array of potentially unlawful home repossessions from mortgage companies expediting the foreclosure process or refusing mortgage modifications in bad faith. In turn, a whole host of homeowner lawsuits have erupted on the scene, with the vast majority of them revolving around the idea that mortgage companies are deliberately misleading and manipulating homeowners just like you for their own financial benefit.…

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Published Saturday, September 11, 2010 @ 9:18 am

In most discussions of bankruptcy, there are few mentions of the rising costs of motherhood/parenthood, especially considering the current economic state of affairs, whereby families are sometimes forced to choose between clothing, feeding and educating a child and their responsibilities of paying mortgages, car notes and consumer debt.

 As a result, it’s as good a time as any during this especially tough economic era to take a closer look at how mothers, guardians, and caregivers are crunching the numbers when it comes to giving their child the very best, and what that means when, at the same time, that parent is forced to seek the protections of a personal bankruptcy. For example, what might spending for a school expenditures and activities and/or a college education mean when it comes time to file and face bankruptcy’s two basic evaluations?…

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Published Friday, September 3, 2010 @ 3:32 pm

While many people consider it common knowledge, the last-minute fear before deciding to file bankruptcy could end up costing you even more come retirement. Turns out, that as the recession deepens, more people are looking toward their long-term savings for an influx of cash to help stay afloat.

Well, don’t ever be one of those people.…

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Published Thursday, September 2, 2010 @ 10:34 am

Baby Boomers and their cohorts born during the middle part of the 20th Century—between the years of 1946-1964—are a generation of active lifestyles, risk-taking rebellions, musical and cultural significance, and, as they come to represent one third of the population of North America, a group making significant demands on the societies in which they live.  But now, Baby Boomers are adding one more superlative to the bunch: they’re also a generation of financial insolvency.…

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Published Thursday, September 2, 2010 @ 10:32 am

Last year, one million people filed for bankruptcy, with 2010 on tap to top even that staggering figure. So what’s behind the big bankruptcy bump? A continuing housing crisis, higher health care costs, and unemployment hovering the double-digits. As a result, many people who have already filed in the past may be facing another round of tough financial times, and considering a second-time bankruptcy.…

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Published Friday, August 27, 2010 @ 8:21 am

In the annals of bankruptcy law, special rules have come to dictate how certain property—from homes to cars to household items—is categorized and dispensed post-filing. Specifically, most states have some sort of homestead exemption that protects some or all of the equity in the debtor’s home from the clutches of creditor claims.  The Bankruptcy Code provides debtors with a homestead exemption—an exemption that is doubled for joint owners.…

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Published Wednesday, August 18, 2010 @ 7:44 am

With many experts predicting a protracted economic malaise with imperceptible growth and stubbornly high joblessness, bankruptcy filings appear to be in true recession-era form, rising in recent months, and, according to many analysts, increasing with no end in sight. In fact, during early summer, the American Bankruptcy Institute (ABI) validated these fears, reporting that personal bankruptcy filings increased in 2010 compared with only one year ago.…

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Published Thursday, August 12, 2010 @ 2:06 pm

In this underwater housing market, the old adage that renting a home is the same as throwing your money away can be grossly inaccurate. In many cities, from San Francisco to Dallas to New York, “price to rent” ratios make leasing property a no-brainer. But now, even smaller cities like Omaha, Oklahoma City and Kansas City appear on top ten lists of places better to rent than own.…

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Published Thursday, August 12, 2010 @ 10:22 am

If you’re reading this, odds are you may be suffering through  a tough financial time. Yet, what might make you feel a bit better about your current ordeal is the knowledge that you’re not alone. Millions of average Americans just like you are facing a shared financial circumstance as they struggle to stay afloat in the wake of this decade’s Great Recession—facing foreclosure, job insecurity, and, in some cases, insolvency.…

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Published Wednesday, August 11, 2010 @ 9:22 am

If you are considering bankruptcy or are already bankruptcy bound, you likely understand some of what there is to know about the benefits of a bankruptcy filing, including the ability to discharge certain types of debt. What may be lesser well-known in the bankruptcy process is the need (or not) for reaffirmation agreements and their relationship with your debt, collateral and holding on to (or restoring) much-needed property.…

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Published Tuesday, August 10, 2010 @ 9:46 am

A number of good things have emerged from the economic situation of the last several years. Recently enacted credit card reform will hopefully change the way we are treated by the industry responsible for so much of our country’s collective personal debt.

Mortgage modification, even with all its warts and scars, should eventually become an industry with real benefits to struggling homeowners.…

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Published Monday, August 9, 2010 @ 2:58 pm

Chapter 13 bankruptcy can be a great way to clear your financial slate, while, at the same time, entitling you to hold on to your precious property even in the most precarious economic situations. To do so, Chapter 13 bankruptcy allows you to construct what is hopefully a realistic financial reorganization plan that allows you to pay back all of your debts over the course of three to five years.…

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Published Monday, August 9, 2010 @ 2:00 pm

This unrelenting economic downturn has been tough on all Americans—whether they be single, dating, engaged, married or widowed. But, as anyone who has ever been married already knows: money (or lack thereof) can be the main cause of many couple’s marital strife. As a result, in this especially difficult economic climate—full of job insecurity, foreclosures, and slow economic gains—many have been pushed to the brink of bankruptcy, and, along with them, the people who love and wanted to marry them.…

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Published Saturday, August 7, 2010 @ 8:45 am

The Obama Administration’s recent landmark health care laws will mean exciting changes for Americans seeking better medical insurance and/or facing crushing medical debt. But for many, these changes can’t come quickly enough. And for some the changes may come late—especially for already beleaguered and bankruptcy bound individuals facing unexpected illnesses, injuries or surgeries.…

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Published Friday, August 6, 2010 @ 12:38 pm

Chapter 13 bankruptcy involves the facilitation of a financial reorganization plan that allows you to pay back your expenses over the course of three to five years. As a result, a Chapter 13 bankruptcy also requires that you look ahead three to five years in order to construct a realistic and sensible plan that can work for you.…

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Published Wednesday, August 4, 2010 @ 9:01 am

Say you sought the help of a doctor to cure some ill in your life. However, instead of helping you heal, your physician actually makes you sicker. Realizing this, you would likely not only move on to a different doctor, but also report the offending physician—a professional, like many others, whose misconduct could mean malpractice, serious sanctions and a loss of licensure.…

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Published Wednesday, August 4, 2010 @ 8:08 am

Many see bankruptcy as a lonely journey into a new financial frontier; but in reality there are many people available to walk you down your new path to fiscal freedom, including family, friends, your trusted bankruptcy attorney, and, finally, the bankruptcy trustee.

Your bankruptcy trustee not only administrates your bankruptcy case, she is also the means to your bankruptcy end—the lynchpin to a fresh new start that only bankruptcy can provide.…

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Published Friday, July 30, 2010 @ 2:58 pm

More bad news for those facing tough financial times: mortgage foreclosures are likely to top the one million mark in 2010. As The Associated Press reported in the last week, “Nearly 528,000 homes were taken over by lenders in the first six months of the year, a rate that is on track to eclipse the more than 900,000 homes repossessed in 2009, according to data released Thursday by RealtyTrac Inc., a foreclosure listing service.”

By comparison, according to RealtyTrac, in an average year the United States only sees about 100,000 homes in foreclosure.…

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Published Friday, July 30, 2010 @ 8:38 am

Given the popularity of channels like HGTV and all of those televised extreme home makeovers , it’s more than apparent that America is a nation full of  “do-it-yourselfers:” people drawn to the idea of going it alone in order to get it done right—their way, the first time.

As a result, it’s not surprising that in this self-supported culture there are so many services available online and offline that, for a fee, offer any DIY inclined consumer the opportunity to file their own bankruptcy.…

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Published Wednesday, July 14, 2010 @ 5:12 pm

For many people, divorce can cause a huge financial strain in already tough economic times. In others cases, it’s the crushing weight of debt that leads to the dissolution of a marriage.  Whatever the ultimate cause, and effects, when considering bankruptcy amid a divorce it’s important to know a few basics.…

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Published Tuesday, July 13, 2010 @ 6:28 am

One thing you may already know about most court proceedings, is that parties usually have the option to represent themselves without the aid of an attorney. This is called appearing ‘Pro Se’, which, in Latin means “for oneself”. In a bankruptcy proceeding, when money is tight, the thought of saving money by cutting out attorneys and their fees can be pretty tempting.…

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Published Tuesday, July 13, 2010 @ 1:25 am

No one likes surprise expenses, especially when we’re already struggling to get by.

Countless bankruptcies can be attributed to the use of credit to handle an emergency, especially when they involve our homes. Sure, emergencies involving the home are why we have home insurance but you still have to pay a deductible and more than likely, there are always extra costs you won’t expect.…

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Published Wednesday, July 7, 2010 @ 8:48 am

For most recent college and post-college graduates, the hot summer months are a chilly reminder that student loan repayment deadlines are mere months away. These impending debts arrive at some of the toughest economic times ever for the newest round of job seekers, as the nation, and especially its youngest workers, continue to face record unemployment and mounting consumer debt.…

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Published Thursday, July 1, 2010 @ 10:09 am

A typical tax time stressor is the idea of an IRS audit, during which the IRS reviews your previous year’s tax return for discrepancies. Similarly, the IRS can do the same in the case of bankruptcy, assessing the information offered during your bankruptcy case.

While many bankruptcy bound individuals might recoil at the idea of setting themselves up for a second potential audit, it is important not to panic or consider this possible evaluation as a deterrent to heading down the road of removing or reducing your debts through bankruptcy.…

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Published Thursday, June 24, 2010 @ 9:27 am

You may already understand some of the dangers of debt settlement: the fact that Americans rarely emerge from debt settlement programs with their credit card balances eliminated; the fact that many wind up worse off than when they started their consolidation; and that many emerge from these plans with severely damaged credit, ceaseless threats from collection agents and lawsuits from creditors.…

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Published Tuesday, June 15, 2010 @ 12:16 pm

In an era of extreme economic downturns and job insecurity, having a car at your disposal has never been more necessary for work, job interviews and providing other basic fiscal needs…even as you consider a personal bankruptcy.   Fortunately, in most places a regular car, as in one single car, is usually exempt from bankruptcy to allow average Americans just like you to get to work, school and make runs for basic needs and necessary family errands.…

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Published Thursday, May 13, 2010 @ 3:20 pm

When you’re deep in debt, it may seem like your creditors are an ever-present part of your life…showing up where and when you least expect them. The calls and letters alone can leave your reeling, and feeling, used and abused.

As we’ve already seen in the first two parts of the four-part series, “Creating a Barrier to Bill Collectors,” unsecured creditors, the ones at the bottom of the financial food chain, are more likely to be the ones contacting you via phone, sending you letters, and generally harassing you for cash, any cash, where and when they can.…

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Published Saturday, May 8, 2010 @ 8:23 am

Sometimes, it may seem like your creditors are an ever-present part of your life…showing up where and when you least expect, or need, them. While options like bankruptcy can stop most creditors cold, in the interim, unsecured creditors, the ones at the bottom of the proverbial food chain, are more likely to be the ones contacting you via phone, sending you letters, and generally harassing you for cash, any cash, where and when they can.…

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Published Tuesday, May 4, 2010 @ 8:22 am

In this tough economy, it may seem like your creditors are an ever-present part of your life…showing up where and when you least expect, or need, them. But creditors with real teeth (i.e., car lenders, mortgage holders, and landlords) don’t need to make harassing calls or threaten you in order to get what they want.…

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Published Tuesday, April 27, 2010 @ 10:22 am

The main thrust of 2005’s Bankruptcy Reform Act (unceremoniously known as “BARF”), is a bankruptcy deterrent called the “Means Test”—a formula for determining your ability to pay back your debts. Your inability to pass this test limits your options to filing a Chapter 13 bankruptcy plan, which still discharges your unsecured debt, but takes longer to complete.…

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Published Sunday, April 25, 2010 @ 8:08 am

With rising foreclosure rates, escalating health care costs, recent credit card company schemes and unprecedented unemployment, most people would think they’ve seen it all in this unprecedented economic downturn.

But wait, there’s more.

In these tough financial times, scam artists are coming out of the woodwork to prey on the most hard hit by this decade’s Great Recession: persons needing the benefits of, or having already filed for, bankruptcy.…

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Published Saturday, April 24, 2010 @ 8:06 am

In these tough economic times, many families are facing unprecedented financial challenges. This country’s recent Great Recession has dealt, and continues to deal, a significant blow to the budgets of Americans—leaving millions in debt, underwater in their mortgages, perpetually jobless and looking for any means necessary to get back on a financially-healthy track.…

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Published Thursday, April 1, 2010 @ 10:18 am

As we’re all aware, this decade’s Great Recession has dealt, and continues to deal, a significant blow to the budgets of many American families, leaving millions in debt, underwater in their mortgages, and looking for any means necessary to get back on a financially-healthy course.  Now, tax time can  yield a long-term solution for some cash-strapped citizens.…

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Published Thursday, March 11, 2010 @ 2:40 pm

Currently unemployed and getting unemployment benefits?
Then, this message is for you.

In this horrible economy, there is no guarantee that you will get another job or…even if you do…when.

And…those life-saving unemployment benefits? They are going to run out and when they do…that’s it.

Imagine the worse…no job…and no more unemployment benefits.…

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Published Sunday, March 7, 2010 @ 8:10 am

Before you begin the bankruptcy process, it’s important to understand a few helpful hints to make it a more painless process:

(1) Remember: You are not Alone.
Maybe you think of bankruptcy as something for “other people.” But the days of bankruptcy as a means of financial respite for the perpetually poor are no more: everyone from the solidly middle class to formerly wealthy Americans are being forced into bankruptcy more than ever before.…

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Published Friday, February 26, 2010 @ 7:15 am

For most bankruptcy bound individuals, a discharge of all individual debts is considered the Holy Grail of any bankruptcy filing, yielding a permanent injunction that prevents creditors from collecting on debts. However, any good discussion of debt dischargeability also tackles the primary exceptions to look out for when considering any bankruptcy filing.…

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Published Thursday, February 25, 2010 @ 6:05 am

In an era of extreme economic downturns and rising unemployment, having a car at your disposal has never been more necessary for work, job interviews and providing other basic fiscal needs…even as you consider a personal bankruptcy.

Yet, if you’re on the road to bankruptcy, these same economic issues and employment woes can mean you may have fallen behind on your most recent car payments, leaving your precious vehicle as a prime target for repossession by your car’s creditors.…

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Published Tuesday, February 2, 2010 @ 3:29 pm

It’s almost February and ‘tis the season for thinking about tax time—even more so if you find yourself considering the benefits of bankruptcy. So, if you believe bankruptcy is the right option to help you start fresh in 2010, in addition to trying to get your 2009 taxes filed in a timely manner, and wondering whether you can discharge any income tax debt in your bankruptcy filing, you may also be thinking about how you can protect your precious tax refund from creditor claims.…

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Published Monday, February 1, 2010 @ 4:46 pm

You may have read on the blog, or elsewhere, that many are calling our current economy a “middle class recession.” This is because the numbers are way up on bankruptcies filed by those who make more than $60,000 per year, up 6.9 percent from 2008. Bankruptcies on the whole are up 36.5 percent from this time last year.…

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Published Monday, February 1, 2010 @ 10:48 am

The decision to file for bankruptcy is never an easy one, especially where married couples are involved. Spouses must settle issues of dishonesty, mistrust, and frustration–and that’s even before any of the complex steps of collecting necessary documents and filing papers.

But the story for insolvent couples does have a caveat: joint bankruptcy protection.…

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Published Monday, January 25, 2010 @ 6:57 pm

Ugh. Debt. These days most Americans are sick of hearing the d-word. And who can blame us? Americans are in more debt now than ever before. Avoiding debt seems impossible…there are so many things you can’t even do without credit cards or loans that we now take debt as a matter of course.…

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Published Wednesday, January 20, 2010 @ 11:34 am

In this special series, entitled “Bad Ideas for the Bankruptcy Bound,” we’ll introduce what to avoid when bankruptcy is your next, best step.

Love may move mountains,
but money can crumble the strongest marriage.
– Ron, Lieber, The New York Times

Everyone who’s married knows: money can be a primary cause of marital strife.…

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Published Tuesday, January 19, 2010 @ 2:48 am

The holidays are now officially over. The New Year has begun in earnest. And ‘tis the season for tax time. If you believe you’re bankruptcy bound in 2010, that definitely means it’s also time to get your 2009 returns in order.

Thinking About Chapter 13 Bankruptcy?

Chapter 13 bankruptcy helps restructure your debt into a more manageable payment plan—allowing you to pay back what you owe over time, often at a percentage of the cost.…

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Published Monday, January 4, 2010 @ 12:08 pm

In states like North Carolina—composed largely of rural areas dotted with farmland and abutting the ripe fishing grounds of the Atlantic—Chapter 12 bankruptcy can be exceptionally helpful to working farming and fishing families who might otherwise be bankruptcy bound.

In part one of the four-part series, entitled Chapter 12 Bankruptcy, we introduced the concept of Chapter 12, provided a brief overview of the special rights related to this protection, and shared who (or in some cases, “what”) qualifies as a family farm or family fisherman under the Bankruptcy Code.…

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Published Monday, December 28, 2009 @ 7:10 am

The New Year is a few days away. And without doubt, millions of Americans will welcome 2010 with grand hope, desperate to put 2009 far behind them, the year the Great Recession took hold of our collars and shook us into submission. Unfortunately, many Americans will greet the end of the 2000′s first decade still in debt and financially directionless.…

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Published Wednesday, December 23, 2009 @ 5:49 pm

Even in these tough economic times, everyone wants their family and friends to have a nice holiday—full of fun, frivolity and festive giving. And, even if you find yourself among the millions considering bankruptcy in the New Year, you may believe, now more than ever, that it’s open [holiday] season to shop for pricey presents using problem credit cards.…

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Published Friday, December 18, 2009 @ 7:21 pm

Last Friday, the House of Representatives passed a wide-reaching swath of financial reforms, designed to reign in the worse excesses of the banking industry. Democratic lawmakers are hailing the bill as a huge victory for consumers. However, one important provision failed to pass: cramdown.

‘Cramdown’ would allow bankruptcy judges to reduce the principle balance of the mortgage on a primary residence in a Chapter 13 bankruptcy, resulting in lower monthly payments for the filer.…

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Published Sunday, November 29, 2009 @ 2:48 pm

Americans young and old, hit hard by the recent economic meltdown, are turning to any available income, accounts, or other resources to pay down today’s mounting mortgage debt, crushing credit card rates and high health care costs. One such resource—liquidating a registered retirement account like a 401(k)—might appear to be a quick and easy fix to pay down looming expenses or even to avoid filing for bankruptcy.…

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Published Wednesday, September 23, 2009 @ 10:41 pm

Say you find yourself struggling with a mountain of debt. Your paycheck seems to be spent before you even get it, as soon as you pay a bill another one arrives, and you’re starting to wonder how much longer you can deal with the stress of unmanageable debt. To make matters worse, you fall behind on your housing payment and your bank threatens you with foreclosure.…

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Published Thursday, September 3, 2009 @ 9:43 am

The economy is so grim right now it’s hard to see the silver lining, but the good news about markets is that they rarely stand still forever. Even now, economists are slowly and cautiously becoming more optimistic about the situation, and consumers are gradually gaining back confidence. The housing market, for example, posted a quarterly rise in prices for the first time in three years, which may indicate a stirring of recovery.…

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Published Monday, August 17, 2009 @ 1:52 pm

It’s generally not good practice to pay unsecured creditors just before filing bankruptcy. This is especially true if you plan on paying back a friend or relative. This means that if you’re considering a bankruptcy, you shouldn’t repay your Cousin Ted that $1,000 you owe him from vacation last year. A repayment constitutes preferential treatment of an unsecured creditor, and if you then file for bankruptcy, the Trustee will sue Cousin Ted to recover the $1,000.00

If this happened to you, don’t beat yourself up about it, it’s one of the more common pre-filing mistakes.…

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Published Sunday, August 16, 2009 @ 6:41 pm

Fear of foreclosure is certainly pushing many families into bankruptcy. Although there are now many programs, both at the state and federal level, to help homeowners avoid foreclosure, if your lender is unwilling to work with you, bankruptcy may be the only way you can stay in your home.

Unfortunately, if you don’t choose to seek help through a bankruptcy attorney or your lender, there are plenty of criminal actors out there that would be more than happy to assist in escaping your financial woes.…

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Published Tuesday, August 11, 2009 @ 6:00 pm

Believe it or not, there are some situations when credit cards can be a benefit. They are often the only option when making travel reservations, and can come in handy in the event of genuine emergencies. A credit card can also help you build good credit, or rebuild credit after bankruptcy.…

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Published Saturday, August 8, 2009 @ 8:47 am

We hear plenty about the dangers of gambling addictions. Perhaps this is because the compulsion to gamble doesn’t make sense to a lot of people, and it is always easier to vilify from a distance.  Or maybe it’s that gambling addictions seem dangerous because a gambler could lose everything in an instant.…

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Published Wednesday, August 5, 2009 @ 10:24 am

You might already know about the problems associated with fraudulent transfers. These are claims brought before the bankruptcy court by the trustee or by creditors which allege that you purposefully transferred property to someone with the intention of keeping it out of the hands of your creditors. If it is determined that you transferred the property with the intent to hinder or defraud a creditor, you could seriously jeopardize your bankruptcy, or worse, face some prison time.…

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Published Tuesday, July 28, 2009 @ 6:21 am

Before the deservedly unpopular 2005 reforms to the Bankruptcy Code, it was rare that an innocent mistake could cause your discharge to be denied or revoked. It used to be that trustees and the courts reserved this harsh measure for those situations where it was clear that a person filing for bankruptcy had engaged in serious, persistent and intentional misbehavior.…

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Published Saturday, July 25, 2009 @ 5:35 pm

It shouldn’t take more than a few visits to our blog for you to find a slew of posts about how to prepare for your bankruptcy and manage all the relationships along the way, like those with your attorney and bankruptcy trustee.

Like any relationship, the ones that are forged during a bankruptcy should be built on trust.…

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Published Wednesday, July 22, 2009 @ 8:08 am

Liens―a kind of property interest that secures payment on a loan, or the performance of some obligation―are a thorny little issue in bankruptcy cases. Unlike many kind of debts, liens generally (with only a few exceptions) will not be discharged automatically in a bankruptcy the way unsecured debt is. Liens come in many flavors―how about tax liens, mortgage liens, and mechanic’s liens, to name a few― but they generally fall into one of two categories: consensual liens and nonconsensual liens.…

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Published Wednesday, July 15, 2009 @ 8:00 am

The power a lender has to enforce a lien can be very daunting; someone who lends you money while gaining a lien over your property has the considerable advantage of securing that loan, with the possibility of suing for what is owed, repossessing the collateral, or both. A lien can also be imposed against someone as a result of a lawsuit.…

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Published Tuesday, July 14, 2009 @ 8:21 am

We all make mistakes, but some are more costly than others. So how costly is it if you forget to list a debt in your bankruptcy paperwork? There’s no need to panic; forgetting to list a debt isn’t the end of the world. However, depending on what kind of bankruptcy you file, it can cause some problems in your bankruptcy.…

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Published Saturday, July 11, 2009 @ 8:07 am

Chapter 11 bankruptcy is in the news a lot these days. Like individuals, more and more large corporations are struggling to weather the current economic downturn. Just think of GM, Chrysler, Lehman Brothers, and the like. Chapter 11 bankruptcy essentially does for corporations what Chapter 13 does for individuals: it allows them to reorganize their debts into an affordable repayment plan.…

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Published Thursday, July 9, 2009 @ 11:23 am

But you must resist!

You’ve caught on to the fact that certain kinds of debts are “better than others.” Knowledge is a good thing, but don’t get confident that you’ll be able to pull a fast one by trading off a non-dischargeable debt for a dischargeable one. The consequences simply aren’t worth it.…

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Published Tuesday, June 30, 2009 @ 8:30 pm

Many of us encounter purchase-money security interests when we buy a car or perhaps shop at department stores. This is the situation where a lender gives you money to buy a specific item (a car; a tv, a bedroom set, etc.) and in exchange you give him a lien on the property, allowing that property to secure the debt as collateral.…

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Published Sunday, June 28, 2009 @ 8:45 pm

Planning for your retirement early is extremely important, yet appreciating this point can be difficult for people who aren’t looking to retire soon. It’s even harder to remember the importance of planning for retirement when it remains years or even decades off…all while the harsh realities of the economy are here today.…

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Published Friday, June 26, 2009 @ 9:02 am

The sad fact is, these days nobody is immune to financial troubles. This includes people who have worked hard their entire lives, all the while looking forward to reaping the rewards of their hard work in a restful, stress-free retirement. So what happens to seniors when they run into serious financial trouble?…

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Published Wednesday, June 17, 2009 @ 12:39 pm

No doubt about it: Times are tough.  You, like so many others, may be looking to grab onto any life-line you’ve got. For many of us, the only major investment we have is our home, so it’s not only a natural place to start, it might look like the only tool in the arsenal.…

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Published Saturday, June 13, 2009 @ 8:01 pm

In many circumstances, declaring bankruptcy at the right moment is an important tactical move to rescue a difficult financial situation and it is deployed precisely to avoid a worst case scenario. Still, bankruptcy is a big step and it pays to consider it rationally and strategically. For some people in certain situations, declaring bankruptcy just doesn’t make sense.…

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Published Tuesday, June 9, 2009 @ 4:00 pm

Immediately after filing for bankruptcy, you can let out a sigh of relief for the first time in a long time― finally you will catch a break from your creditors!  One of the fundamental protections for debtors in the bankruptcy process is the automatic stay, which provides a much needed break from the relentless collection efforts of ruthless creditors.  An automatic stay is an injunction― essentially, the court bars further attempts at collection and can impose judicial punishments for disobeying the stay.…

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Published Tuesday, June 9, 2009 @ 11:10 am

As you are probably well aware, bankruptcy is an important decision that should not be taken lightly. If you are eligible to file but hesitate to do so, you stand to lose more than you may guess. Dithering too long can ruin the strategic advantage of timing; deciding not to file at all could cause you to lose everything.…

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Published Saturday, June 6, 2009 @ 6:16 am

Filing bankruptcy is obviously a significant decision, and your case must be handled with care throughout the filing process. But your actions before you file bankruptcy are also important to ensuring you maximize the benefits bankruptcy has to offer. Here are some things to keep in mind in the run-up to your filing:

Don’t wipe out your retirement savings.…

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Published Thursday, June 4, 2009 @ 5:45 pm

Many people delay filing for bankruptcy or decide not to hire a bankruptcy attorney solely because they believe they can’t afford it. If you’re considering filing for bankruptcy, money is obviously tight. You may be thinking that it doesn’t make sense to try to solve debt problems by spending more money.…

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Published Thursday, June 4, 2009 @ 2:55 pm

A very troubling trend that potentially affects millions of Americas is going unnoticed. Don’t make the mistake too many people make when it comes to arbitration. There’s a good chance that you have conceded to arbitration already, probably unwittingly. That’s because more and more of the big companies that touch our lives on a daily basis, such as software developers, banks, web based services and of course, credit card companies, are writing arbitration clauses into their terms.…

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Published Wednesday, June 3, 2009 @ 12:15 pm

Our blog sure does cover a lot of ground about bankruptcy. Which is a good thing. We want to be sure that you understand all the processes, terms, principles and philosophies that factor into such an important decision. We even throw in some recent news about bankruptcy to help provide additional “real world” perspective on how bankruptcy laws are interpreted and applied.…

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Published Friday, May 15, 2009 @ 12:35 pm

Bankruptcy is a tool to be used strategically. Part of the reason you should consult with a bankruptcy lawyer is precisely to work out that strategy. A smart bankruptcy is timed judiciously; you don’t want to wait until it is too late and you have lost too much, but you also don’t want to file if waiting a little is to your benefit.…

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Published Wednesday, May 13, 2009 @ 6:00 am

You may be thinking, just like so many people do, that bankruptcy is a last-ditch effort, a last resort, a drastic step undertaken when there are no other options. Stop right there―this is not a good way to approach the very beneficial protections of federal bankruptcy law.

Creditors want you to feel shame about bankruptcy, and they’ve paid millions of dollars to lobbyists in an attempt to make the process more complex and intimidating for hardworking people in dire straits.…

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Published Monday, April 20, 2009 @ 3:30 pm

The answer to that question is a most emphatic YES. One of the great fictions of living in this society is that “lay” persons can conduct all of their own legal affairs. Unfortunately, the law is complicated, gets more complicated every day, and there is little room for error. In almost every area of law, not knowing the law does not excuse liability.…

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