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Tag Archives: creditors

What Role do Creditors Play in Bankruptcy?

Depending on the type of bankruptcy proceeding, creditors can have numerous rights. While bankruptcy automatically stays must collection activities, certain creditors may play an active role in the bankruptcy process. These creditors — whom the petitioner must list in his or her bankruptcy petition — must receive notice of the filing. Under Chapter 7, creditors… Read More »

How Bankruptcy Can Help You Negotiate with Creditors

When it is feasible, negotiating with creditors is an excellent alternative to bankruptcy that allows troubled borrowers to resolve debt while minimizing credit consequences. But negotiation requires leverage. If the amount or validity of a debt is not in dispute, a lender usually has no incentive to negotiate. The prospect of bankruptcy, however, can give… Read More »

Some Ways to Avoid Bankruptcy

Before deciding to declare bankruptcy, seriously consider some of the following alternatives. Trim your budget everywhere you can. Make a list of your regular expenses and go over it carefully. Can you pack a lunch instead of buying one at work?  Can you jog and work out at home so you don’t have to pay… Read More »

Putting an End to Debt Collector Harassment

Anyone can fall behind on their bills. And creditors certainly have the right to let you know that you are behind on payment and to ascertain whether you intend to pay your bills at all. But creditors do not have the right to harass you in any of the following ways: Using foul or obscene… Read More »

Tax Liabilities and Implications with Filing Bankruptcy

Filing bankruptcy often involves tax implications, but not in the ways you might think.  Filing bankruptcy itself is not a taxable event.  However, there could be tax implications if property is sold to pay creditors, or if debts are forgiven by creditors. Typically, when you owe someone $600 or more and they cancel or forgive… Read More »

Filing Bankruptcy Before a Divorce

Whether financial stress is a factor before or after divorce, bankruptcy and divorce are legal actions that are often interrelated. When planning for divorce, it is important to understand the consequences of your timing for filing bankruptcy. The advantages of filing bankruptcy prior to divorce are: Simplifies issues in the divorce, i.e. neither party gets… Read More »