You May Not Need to File Bankruptcy

There are times when we tell potential clients that they may not need to file bankruptcy. If you don’t have any assets or income that a creditor can claim, you are what we call “judgement proof,” and may not need to file bankruptcy. However, just because you are judgment proof does not mean you can’t file bankruptcy or shouldn’t. Sometimes it is money well spent to stop creditor collection efforts and a way to plan […]

Will I lose my Veterans benefits if I file for bankruptcy?

Will I lose my Veterans benefits if I file for bankruptcy?–NO!  In 2019 the president signed the Honoring American Veterans in Extreme Need Act of 2019 (HAVEN Act) into law. The HAVEN act protects certain veterans’ benefits from being used to pay creditors and may influence whether veterans can file for bankruptcy under Chapter 13 or Chapter 7. To file under Chapter 7, a […]

Bench Warrants and Bankruptcy

Many people call our office after receiving a court summons regarding a debt. They are understandably scared about the court process and the threat of having their wages or bank account garnished. However, many are also very worried that if they fail to show up at this court hearing, a warrant will be issued for their arrest. The […]

Can Creditors Seize Social Security Disability Income?

Social Security Disability, Bankruptcy, and Creditors  If you have a judgment and the only income you receive comes from Social Security Disability (SSDI), your income generally cannot be garnished.  There are a few things you may need to do to protect yourself from the hassle and a few things to watch out for.  One Exception- SSDI, Garnishments, and […]

Bankruptcy Assessment

Basic Bankruptcy Questions Whenever I meet with a bankruptcy client the first duty I have is to try and figure out what services they need and if I can help them.  I usually start by asking basic questions about their lives.  Are they married?  Do they have children?  What do they do for a living?  […]

Do I have to list ALL of my debts in bankruptcy?

Do I have to List all of My Debts in Bankruptcy?  YES.  You cannot pick and choose which creditors are listed in the case.  All of your creditors must be listed, including family members and friends.  One of your debtor duties under the bankruptcy code is you “shall file a list of creditors”. See 11 USC 521.   This is to ensure that […]

In re Fulton

The recent U.S. Supreme Court decision in City of Chicago, Illinois v. Robbin L. Fulton (Chicago v. Fulton) clarifies for creditors whether inaction on the part of the creditor constitutes a violation of the “stay” put in place by a debtor’s bankruptcy filing. While on the surface the decision seems to change something debtors’ attorneys […]

Does My Non-Filing Spouse Have to Make My Bankruptcy Payments in Chapter 13?

Married people do not have to file a case together.  There are times when only one of the spouses might need or want to file a case and that is absolutely ok.  The non-filing spouse does not have to make the bankruptcy payments in Chapter 13 bankruptcy for the person that files.  This does not mean the non-filing […]

Stimulus Checks and Bankruptcy

Many people are wondering if any future stimulus checks may be taken by the bankruptcy trustee if they file bankruptcy. These stimulus checks are helping a lot of people make important repairs to their vehicles and homes, buy clothes and supplies for their children, and support local businesses while giving themselves a much-needed break by ordering in. So can you […]

Divorce During Bankruptcy

What happens if I get a divorce during my Chapter 13 bankruptcy?  A Chapter 13 bankruptcy repayment plan lasts between 3 and 5 years. During that time, many families have significant changes to their household—one of those could be divorce. If a married couple decides to get a divorce before their Chapter 13 repayment plan […]