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Category Archives: Personal Bankruptcy

What Kind of Unusual Assets Are Exempt in a Chapter 7 Bankruptcy?

A Chapter 7 bankruptcy essentially eliminates debt for the filer but requires liquidation of assets. In other words, federal law dictates that most of what the filer owns must be sold off to pay creditors some fraction of what is owed. Even though the net value of these assets may not meet all debts, the… Read More »

How Much Does the Chapter 13 Homestead Exemption Vary?

The nature of a Chapter 13 bankruptcy is that it does not necessarily require filers to liquidate their assets to pay off debt. Instead, filers need to show the court they will be able to pay off those debts over approximately three to five years. This type of bankruptcy arranges for better terms for repaying… Read More »

How Do Homestead Exemptions in Chapter 7 Bankruptcy Work?

Chapter 7 bankruptcy is advised when debts so overwhelm the individual’s ability to repay that assets have to be liquidated. This means that items of value – car, home, furniture, art, jewelry and sometimes even clothing – will be sold by the trustee in the bankruptcy. The proceeds from the sale of those items are… Read More »

Why a Shopping Spree Just Before Bankruptcy Won’t Work

The thinking goes, “what have I got to lose?” Or so one imagines the words people say to themselves who max out their still-working credit cards right before filing for bankruptcy. That approach is wrong on several levels. If you’ve got an itch to spend the remaining balances of your credit cards before you file,… Read More »

Taking Advantage: Bankruptcy Fraud

Bankruptcy is a welcome but serious tool for consumers and businesses in need of structured debt-relief. When debt-relief tools such as consolidation or debt settlement are not enough to address debt or improve pay-down ability, filing Chapter 7 or Chapter 13 bankruptcy can be good options. Relief from debt through bankruptcy is based on identification… Read More »

The Myth of Irresponsibility: Why Most Individuals File for Bankruptcy

The good news on bankruptcy is that the number of filings in the United States went down in 2012. About 1.25 million people are expected to file this year for one of the versions of bankruptcy (Chapters 7, 11 or 13). This is down from 1.38 million in 2011. The Great Recession that began in… Read More »

The Three Primary After-Effects of Personal Bankruptcy

Contrary to what is sometimes said by politicians and in the blogosphere, most people do not enter into bankruptcy lightly. Bankruptcy is a means to manage difficult finances and overwhelming debt – or as in the case of Chapter 13, a reorganization that enables you to pay off debts over time. Still, individuals who are… Read More »

What Was Old Could Be New

Bankruptcy is an opportunity for a fresh financial start. We talk frequently about the consequences and benefits of debt-relief through filing for bankruptcy. Although individuals and businesses file for Chapter 7 bankruptcy every day, it is not often a household name is included among those aiming to wind down their debt — and their business…. Read More »

The Impact of Social Media on Bankruptcy

You may enjoy posting holiday pictures online or sending out the good word about a new job. But friends may not be the only one reading your news. Facebook, Twitter and other social media networks provide fruitful hunting grounds for disgruntled spouses and divorce attorneys. But increasingly, social media is also sifted by creditors, collectors… Read More »

Is a Trust Fund Exempt in a Bankruptcy Filing?

Even the well-to-do fall on hard times. This happens with spectacularly-compensated athletes, Hollywood celebrities and the progeny of bluebloods – many of whom file for bankruptcy. It’s a little less surprising when overspending or injudicious investments happen to second and third generations of those who earned the money, the so-called “trust fund kids.” The fallen… Read More »