By Jeff Field | Published October 10, 2023 | Posted in Bankruptcy | Tagged Tags: bankruptcy trustee, creditors, debt consolidation, unsecured creditors | Leave a comment
Pros and Cons of Debt Consolidation vs. Bankruptcy
If you are having trouble paying your creditors, you might consider either debt consolidation or bankruptcy. One of these remedies makes use of the court and lawyers (bankruptcy), while the other is entirely private (debt consolidation). The goal is the same, but the paths are distinct. Debt consolidation creates one new loan (or line of Read More
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When Can a Creditor Get Relief from the Bankruptcy Automatic Stay?
The day you file a Chapter 7 or Chapter 13 case with the bankruptcy court, an automatic stay is imposed that requires your creditors to cease their collection practices. The stay prohibits phone calls, letters, lawsuits, wage garnishments and executions on property, such as mortgage foreclosures. The court can impose penalties such as attorneys’ fees, Read More
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What Debts Can You Discharge in Chapter 13 but Not in Chapter 7?
People with unmanageable debt loads often turn to bankruptcy for relief. Most of them proceed using either Chapter 7 or Chapter 13 of the bankruptcy code, which set out different paths for discharging the individual’s debt. One notable difference is that Chapter 13 requires partial repayment of outstanding debt. However, an advantage of Chapter 13 Read More
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Using the Georgia Homestead Exemption Effectively in Bankruptcy
Bankruptcy provides a fresh financial start for people faced with insurmountable debt. Although the bankruptcy trustee has authority to seize and sell the debtor’s assets to pay off creditors, there are federal and state laws that allow debtors to keep certain property or its equivalent value. These are called exemptions, and one of the most Read More
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How Business Debt Can Exempt You From the Bankruptcy Means Test
Chapter 7 is often the preferred form of bankruptcy relief for individuals, but not everyone qualifies. Most debtors must satisfy the “means test,” which is used to demonstrate that they have insufficient income to repay any portion of their debt. However, debtors who hold a large amount of business debt are exempt from the Chapter Read More
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Using the Automatic Stay in Bankruptcy to Block Wage Garnishments
If you fall behind in paying debts, you may be subject to a wage garnishment. A creditor might obtain a court order requiring your employer to impound a portion of your wages or salary each pay period and to send it to the creditor. Garnishments can be devastating as they can leave you with insufficient Read More
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Using Chapter 13 Bankruptcy to Obtain Mortgage Debt Relief
Many people in financial distress are behind on their home mortgages. Debtors who have missed payments are at risk of losing their homes to foreclosure. One of the most effective strategies for saving a home from foreclosure is a Chapter 13 bankruptcy. This type of bankruptcy is also called a wage earner’s plan, because it Read More
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Fraud Exception to Debt Discharge Can Apply to Fraud by Others
Bankruptcy law generally allows debtors to discharge obligations that accrued prior to the filing of the bankruptcy petition. There are, however, exceptions, such as when a debt is obtained by fraud. Though this is generally understood to mean fraud by the debtor, the United States Supreme Court recently ruled that actions by other people can Read More
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What’s the Effect of Your Loan’s Co-signer Filing for Bankruptcy?
People who have difficulty borrowing money often get a friend or relative to be a co-signer on a loan. The co-signer is in effect a guarantor who is secondarily liable for the debt until it is paid in full. However, the situation changes if the co-signer files for bankruptcy. When a co-signer declares bankruptcy, it Read More
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Can You Refile for Bankruptcy After a Prior Case Is Dismissed?
Bankruptcy cases can be dismissed by courts for a variety of reasons. The reasons for the dismissal have a direct bearing on the debtor’s prospects for filing a new petition. A dismissal without prejudice allows the debtor to file a new case right away. A dismissal with prejudice generally requires the debtor to wait a Read More
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Thank you Field and Associates for the ease and the professional advice and filing of my bankruptcy. I will recommend you to all family and friends that find them selves in the same position I was in.
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