Category Archives: Benefits of Bankruptcy

Will Bankruptcy Hurt My Immigration Status?

Here is a post by my friend and fellow blogger, Jay Fleischman, on his blog about filing for bankruptcy and the impact on your immigration status.  I like his common sense advice. When a potential client is sitting in front of me and contemplates filing for bankruptcy, they often ask about the impact of the…

I Feel So Guilty Filing Bankruptcy

People seeking debt relief often feel guilty about filing for bankruptcy.  We are raised to pay our debts and conditioned to feel bad when we can’t.  In fact,  people will go to extreme measures, such as depleting the retirement account, to avoid bankruptcy. When you can’t pay your bills because your credit card lenders have…

What Happens to Divorce Debts in Bankruptcy?

Debts in the nature of support of child or former spouse are not discharged in either chapter 7 or 13 bankruptcy. What about property settlement debts?  If the divorce decree contains a hold harmless obligation that makes one spouse indemnify the other spouse, then the hold harmess oglibation is a separate debt to the spouse…

What are Bankruptcy Avoidance Powers?

Avoidance powers: Rights given to the bankruptcy trustee (or the debtor in possession in a Chapter 11) to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. More on preferences.

What is Bankruptcy Lien Avoidance?

Avoidance: The Bankruptcy Code permits the debtor to eliminate (avoid) some kinds of liens that interfere with (or impair) an exemption claimed in the bankruptcy. Most judgment liens that have attached to the debtor’s home can be avoided if the total of the liens (mortgages, judgment liens and statutory liens) is greater than the value…

Do You Owe What I Owe? Peace, Fresh Start Waiting for You New Year's Night

My blogging colleague, Wendell Sherk of St. Louis, MO, wrote this bankruptcy riff on an old Christmas carol: Do You Owe What I Owe? (To the tune of “Do You Hear What I Hear?”) Said the neighbor to the young man, “Do you owe what I owe? Bills up to the sky, young man, Do…

What is the Automatic Stay?

Automatic stay: The injunction issued automatically upon the filing of a bankruptcy case which prohibits collection actions against the debtor, the debtor’s property or the property of the estate. See Relief from Stay on terminating the injunction.

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