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What Makes a Simple Chapter 7 Case

August 21, 2017 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

Bankruptcy Is a Moral Choice

August 14, 2017 by Chris Kane

Yes, you do have a moral obligation to pay your debts. But you may actually have HIGHER moral obligation to file bankruptcy instead.   The Moral Side of Bankruptcy Is it the right thing to do? Is bankruptcy the morally right thing for you to do? This is not usually talked about, maybe ... Read More »

Filed Under: Bankruptcy Advice Tagged With: bankruptcy laws, bankruptcy option, bankruptcy options, discharge debts, discharge of debts, objection to discharge

The Exceptions to the Discharge of Debts

July 24, 2017 by Chris Kane

The discharge of debts is central to bankruptcy. So you need to know when you don’t get a discharge at all or don’t discharge certain debts.     Last time we described bankruptcy discharge as the legal, permanent elimination of debts. Today we talk about the exceptions to this ... Read More »

Filed Under: Discharge of Debts Tagged With: discharge, discharge debts, discharge of claims, discharge of debts, discharge taxes, dischargeable taxes

Effect of Divorce on Filing Bankruptcy Again

June 5, 2017 by Chris Kane

The timing rules don’t change if you filed bankruptcy before your divorce and now need a new one. But there ARE some important twists.   Divorce is often financially devastating. So, even if you and your ex-spouse filed bankruptcy earlier, before the divorce, you may need to seriously consider ... Read More »

Filed Under: Bankruptcy And Divorce Tagged With: Chapter 11, Chapter 13, Chapter 7, discharge of debts, dismissal, timing of bankruptcy

Bankruptcy Helps Even If It Can’t Write off Criminal Debts

April 24, 2017 by Chris Kane

Bankruptcy can’t write off criminal fines or restitution. None of its Chapters can. But bankruptcy can still help in other crucial ways.     Life Happens You are having trouble financially making ends meet. Life’s tense and frustrating, so you do something not so wise and get ... Read More »

Filed Under: Criminal Law Tagged With: criminal debts, criminal fines, criminal law, criminal restitution, discharge of debts, non-dischargeable criminal debts

Chapter 7 if You Can’t Off All Your Debts

March 27, 2017 by Chris Kane

Chapter 7 may still give you enough help even if you have one or more debts that you will continue to owe afterwards.     The last two weeks we’ve covered three possible complications in Chapter 7 “straight bankruptcy” cases. If you: have relatively high income have ... Read More »

Filed Under: Discharge of Debts Tagged With: Chapter 7, discharge, discharge of debts, fraud, income taxes, secured debts

How Do You Decide Whether to File Bankruptcy?

January 23, 2017 by Chris Kane

To make this decision well, accept that you need help, become well-informed about your options, then with good counsel make the best choice.    Accepting Reality How can you make a good decision about something as personal and complicated as whether to file bankruptcy? First, ... Read More »

Filed Under: Pre-Bankruptcy Planning Tagged With: Bankruptcy Code, bankruptcy options, debts, discharge of debts, lawsuit

The Chapters of Bankruptcy

January 2, 2017 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”

October 17, 2016 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

If You Filed Bankruptcy Before, When Exactly Can You File Again?

September 5, 2016 by Chris Kane

To file a bankruptcy case after filing one earlier, sometimes you must wait 8 years but it may be only 6 or 4 or 2 years, or even 0 years.   To Get a Discharge—a Legal Write-off—of Debts There are various rules about qualifying to file bankruptcy. Some of those rules involve ... Read More »

Filed Under: Bankruptcy Procedure Tagged With: Chapter 13, Chapter 7, date of filing case, discharge of debts, qualifying for bankruptcy

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