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What Makes a Simple Chapter 7 Case

By Chris Kane

A simple Chapter 7 case 1) protects you from all collections, 2) discharges all your debts, 3) lets you keep or surrender collateral and 4) keep all your other assets.     Chapter 7 Is the Most Common Kind of Bankruptcy Consumers file significantly more Chapter 7 bankruptcy cases than ... Read More »

Filed Under: Chapter 7 Tagged With: automatic stay, discharge of debts, property exemptions, reaffirmation, surrender of vehicle, surrendering home

Complications to a Chapter 7 Case

By Chris Kane

Most Chapter 7 “straight bankruptcy” cases are in fact straightforward. Here are two of the main circumstances that create complications.     Your Income is Higher than “Median” To qualify to file for a Chapter 7 “straight bankruptcy” case, you have to ... Read More »

Filed Under: Chapter 7 Tagged With: assets, means test, median household income, median income, non-exempt assets, protecting property

Chapter 7 vs. Chapter 13 and Your Home Mortgage

By Chris Kane

Here are 7 ways filing a Chapter 7 case can help you deal with your home lender and 8 ways filing a Chapter 13 one can.    If you’re buying a home, your mortgage and other related debts are probably your biggest and most important ones. So it’s no surprise that the choice ... Read More »

Filed Under: Chapter 13, Chapter 7, Mortgages Tagged With: child and spousal support liens, contractor's lien, judgment liens, mortgage arrearage, mortgage lenders, tax liens

Chapter 7 vs. Chapter 13 and Your Vehicle Loan

By Chris Kane

A Chapter 7 case makes sense if you want to keep your vehicle and don’t need much help doing so. Chapter 13 provides much more help.    In deciding between Chapter 7 and Chapter 13, for your vehicle loan is concerned, think about the two sentences above. First, you don’t need ... Read More »

Filed Under: Chapter 13, Chapter 7, Vehicle Loans Tagged With: vehicle cramdown, vehicle loan, vehicle loan arrearage, vehicle loans, vehicle repossession, vehicle surrender

Chapter 7 vs. Chapter 13 and the Time Element

By Chris Kane

Chapter 7 is quick. It’s usually best when it discharges most of your debts. Chapter 13 gives you time to address debts Chapter 7 doesn’t.   A Big Difference—Time There are many practical differences between Chapter 7 and 13.  Today we focus on how these two options ... Read More »

Filed Under: Chapter 13, Chapter 7 Tagged With: automatic stay, Chapter 13, Chapter 13 plan, Chapter 7, priority debts, secured debts

The Chapters of Bankruptcy

By Chris Kane

The bankruptcy options are contained in Chapters 7, 9, 11, 12, and 13 of the U.S. Bankruptcy Code.   Bankruptcy Law, Organized All of the “general and permanent laws of the United States” are contained in the United States Code. The U.S. Code is divided by subject matter into 53 ... Read More »

Filed Under: Chapter 13, Chapter 7 Tagged With: Chapter 11, Chapter 12, Chapter 13, Chapter 13 plan, Chapter 7, discharge of debts

Your Income Tax Debt Paid through an “Asset Chapter 7 Case”

By Chris Kane

Have your Chapter 7 trustee pay your income taxes out of the proceeds of sale of assets that you don’t need.   Here’s an unusual way of paying your income tax debt. The circumstances don’t line up very often, but when they do this procedure can work very nicely. Turning Lemons ... Read More »

Filed Under: Chapter 7, Tax Debts Tagged With: asset Chapter 7 case, assets, Chapter 7, Chapter 7 trustee, discharge of debts, exemptions

Chapter 7 Helps with Income Tax Debt Even Without Writing off Any of It

By Chris Kane

Are your income taxes are too new to be written off with a Chapter 7 bankruptcy? Nevertheless sometimes Chapter 7 is still your best option.   The last blog post was about the conditions an income tax debt must meet to be discharged (legally written-off). What if none of the income taxes you ... Read More »

Filed Under: Chapter 7, Tax Debts Tagged With: Chapter 13, Chapter 7, discharging taxes, income taxes, offer in compromise, tax installment plan

Writing Off Income Taxes through Chapter 7

By Chris Kane

If your tax debt can meet 4 conditions, you can usually write it off with bankruptcy forever.     Two Myths Two myths about bankruptcy and taxes persist because there’s a bit of truth behind them. First myth: You can’t discharge (legally write off) income taxes in ... Read More »

Filed Under: Chapter 7, Tax Debts Tagged With: discharge income taxes, discharge of taxes, dischargeable debts, income tax, tax levy, tax returns

Chapter 7 Can . . . Help You Close Your Business by Giving Your Bankruptcy Trustee the Headache of Selling Your Last Business Assets

By Chris Kane

Shut down your business without worrying about how to use your final resources and about how to deal with your competing creditors.   As the owner of struggling business you have the challenge of figuring out whether to close down the business. And once you have decided to do so, how and when ... Read More »

Filed Under: Business, Chapter 7 Tagged With: business assets, business collateral, business debts, business disputes, business litigation, business taxes

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