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 for your future if you expect your financial situation to change.  

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 person must qualify and “pass” the “means test”  

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 First thing we need to make clear–you cannot be placed in jail for the failure to

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 Excessive Bank Account Balances Most creditors cannot garnish Social Security Disability Insurance or SSDI –

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?  How much income do they have?  What kinds of debt do they have?  What happened

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 have relied on for years, in practice it may not cause many waves.