What is this bankruptcy "Wild Card" I keep hearing about?

I keep hearing about a "Wild Card" and how important it is. Exactly what is it and how can it help me in my bankruptcy? Read the rest of this entry »

Will a bankruptcy get rid of the payments to my ex-wife?

I got divorced three years ago and have to pay my ex-wife $2,500 a month under our divorce agreement. If I file bankruptcy, will that go away? Read the rest of this entry »

If I inherit money after my bankruptcy, can I keep it?

I need to file a Chapter 7 bankruptcy. My father is elderly and quite ill. If he dies after my bankruptcy and I inherit money from that, can I keep it? Read the rest of this entry »

Are all bankruptcy attorneys created equal?

This is a touchy subject for a bankruptcy attorney to write about, but a recently-received email contained the following sentence that got my attention. "Completely pay up one or more of your credit cards before filing for bankruptcy." Read the rest of this entry »

Can I file a Chapter 7 bankruptcy with a reverse mortgage and keep my home?

In general, reverse mortgages are treated in bankruptcy the same as any other mortgages, but "in general" isn't enough in this situation. As they say, the devil is in the details.

Read the rest of this entry »

Will I have to sell my home to pay creditors in a Chapter 7 bankruptcy?

The answer to that question, like many answers to questions about bankruptcy, is "it depends". As an overview, it depends on the equity you have in your home and the "exemptions" you have to protect your home from creditors. For starters, "you" would never have to sell your home, but the bankruptcy trustee might do that. Read the rest of this entry »

If I stop making payments on my car after bankruptcy, can they sue me?

I received a discharge of debts in a Chapter 7 bankruptcy and now I can't keep making payments on the car. If they repossess the car, can they also sue me? Read the rest of this entry »

I filed bankruptcy and can't open a bank account!

I filed bankruptcy. I now want to open a new bank account but can't because "Chex Systems" has me listed as having an overdrawn bank account. Why did this happen and what can I do? Read the rest of this entry »

Can I Sell Things Before I File a Chapter 7 Bankruptcy?

I have lots of "stuff" that is worth significant money, like two paid-off cars, restaurant equipment (restaurant is closed), a boat, etc. Can I sell those things before filing Chapter 7 bankruptcy Read the rest of this entry »

My car is paid off and worth more than the auto exemption. Can I keep it if I file a Chapter 7 bankruptcy?

You can keep your car in a Chapter 7 bankruptcy by one of the following ways: Read the rest of this entry »

My husband has a credit card judgment against him for business debt. Can they seize our bank accounts?

If your husband personally guaranteed the business debt (which is very common), Read the rest of this entry »

I am a few months behind in mortgage payments. Can I file Chapter 7, not Chapter 13, and keep my home?

Only if you could pay all the mortgage arrears (back payments) at one time, Read the rest of this entry »

Can Filing Bankruptcy After a Foreclosure Sale Eliminate HELOC, HOA, and Credit Card Debt?

After a foreclosure sale, HELOC, HOA, and credit card (regardless of a foreclosure) debts are generally all unsecured (not secured by a lien on your property). Because of this, these debts can be discharged (eliminated) completely and quickly in a Chapter 7 bankruptcy, which would be the best choice if you qualify for it and if it's otherwise a good thing for you. Read the rest of this entry »

Can I Keep My Car in Bankruptcy?

"Can I Keep My Car in Bankruptcy?", or a similar question, is one I hear frequently as a bankruptcy lawyer. Read the rest of this entry »

Stop Creditor Phone Calls – Free!

Tired of annoying phone calls from creditors? Read the rest of this entry »

Beware cut-rate bankruptcy advice (msn Money)

"… trusting the wrong person can have staggering costs: lost homes and broken lives" says this msn MoneyCentral article. Read the rest of this entry »

Be careful of offers for a new credit card!

Banks are sending offers for "professional" credit cards that do not qualify for the consumer protections provided by the "Card Act" of 2009. Those protections were intended for you but you won't get them with these credit cards. Read the rest of this entry »

Be careful! Don't have money where you owe money.

If you have money deposited where you also owe money, you might find that your deposited money is gone. Read the rest of this entry »

Don't let a debt settlement company fleece you out of your last dollars.

The New York Times says the proceeds of the debt settlement industry come at the direct expense of financially troubled Americans who are being fleeced of their last dollars with dubious promises. Read the rest of this entry »

Do I have to tell them everything?

Do I have to tell them everything? It's very important to understand that bankruptcy includes, as does much of life, a basic bargain. Read the rest of this entry »