By Jeff Field | Published June 15, 2022 | Posted in Chapter 7 | Tagged Tags: liquidation, means test | Leave a comment
Using Chapter 7 to Protect Your Personal and Business Assets
While Chapter 7 is commonly thought of as consumer bankruptcy, debtors often have business debt as well. Many people operate small businesses full-time or have “side hustle” businesses they run on a part-time basis. When entrepreneurs face overwhelming debt associated with the business, they may look to bankruptcy as a remedy. A common question is Read More
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Should a Chapter 7 Debtor Ever Sign a Debt Reaffirmation, and Why?
Chapter 7 bankruptcy can offer you a fresh start by relieving you of the financial obligations you had to your creditors. Although most of your non-exempt property is liquidated during the process to pay off your debt, there may be some property you want to keep, such as real estate or a vehicle. Consequently, there Read More
Read MoreHow Chapter 7 Can Provide a Fresh Start During the Pandemic
The coronavirus pandemic has had devastating financial effects on many families as a result of widespread job losses, business curtailments and company closures. If you have become burdened with overwhelming debt during these harsh times, a Chapter 7 bankruptcy may offer you the fresh start you need to move forward. If you are suffering loss Read More
Read MoreFinancial Strategies During the COVID Economic Crisis
As a result of stay-at-home orders, job losses and business closures, the coronavirus pandemic has caused many families to suffer significant economic hardship. While filing for bankruptcy may be an option, there are also a number of financial strategies you should consider that can help you tackle your debt and protect your finances during these Read More
Read MoreWhat to Do If You Fail the Chapter 7 Means Test
In order to file for bankruptcy protection under Chapter 7, you must be able to show that your average monthly income for the six months prior to your bankruptcy filing is below the median income for a household of your size in your state. This is because Chapter 7 bankruptcy is meant for people with Read More
Read MoreCould Chapter 7 Bankruptcy Affect Your Pension?
You’ve worked hard to earn a pension, and you may even rely on it for the bulk of your income during retirement. If you need to file for bankruptcy protection, however, you may wonder what will happen to your pension. Will it be subject to the discharge process? Depending on your circumstances, you may be Read More
Read MoreRedeeming Property in Chapter 7
Bankruptcy is intended to provide individuals with a fresh start. 11 USC 722 of the Bankruptcy Code provides one potentially valuable tool that Jeff Field & Associates can help you utilize to obtain your fresh start. Under 11 USC 722 of the Bankruptcy Code, which is available only in chapter 7 bankruptcy, you may redeem Read More
Read MoreThe Demise Of Lien-Stripping Junior Security Deeds In GA In Chapter 7
As of June 1, 2015, the good news is the long wait is over. The bad news is the U.S. Supreme Court (“the Supremes”) ruled against the lien-stripping of junior security deeds in Chapter 7 cases. Bank of America, N.A. v. Caulkett (June 1, 2015). In so ruling, the Court relied on the same “term-by-term” reading Read More
Read MoreLien Stripping of an Unsecured Junior Lien By A Homeowner In A Chapter 7 Bankruptcy
Is It The End Of The Line For A “Strip Off” Of A Wholly Unsecured Junior Lien By A Homeowner In A Chapter 7 Case? We should soon know. The Eleventh Circuit Court of Appeals located in Atlanta, GA is the appellate court for federal courts located in Georgia as well as those federal courts Read More
Read MoreWhat is a “Chapter 20” Bankruptcy?
There are occasionally times when individuals have financial problems that cannot be entirely solved by filing a Chapter 7 or Chapter 13 bankruptcy. In these unique situations, it may be best to file a Chapter 7 bankruptcy and then immediately file a Chapter 13 bankruptcy, informally known as a “Chapter 20.” Why would you do Read More
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