Bankruptcy Myths

How can I tell if my student loan debt is dischargeable in bankruptcy? Must I exhaust administrative remedies before seeking discharge?

05/03/12

Student loan debt and bankruptcy The topic of student loan debt and bankruptcy: most every bankruptcy and personal finance related website out there has written about it on numerous occasions. In fact, I authored a comprehensive post on the subject just a few weeks ago for this site. However, the rules are worth repeating because it [...]

[more]

Can I be Denied a Job Because of Bankruptcy? The Answer May Hinge on Whether Your Employer is Public or Private

05/01/12

I Need to File Bankruptcy, But I’m Worried About My Job… If you have a job, need to file bankruptcy, and are worried about getting fired because of it, you probably shouldn’t be. The bankruptcy code prevents employers from firing you just because you have filed for bankruptcy. However, if you are a job seeker, [...]

[more]

The Length of Time It Will Take to Rebuild Your Credit – With or Without Bankruptcy

04/10/12

Clients are always concerned about their credit score.  It is not unusual for the question “How will bankruptcy affect my credit score?” to be the first thing that comes out of someone’s mouth when they consider bankruptcy as an option.  Although bankruptcy does have an effect on your credit, the effect may not be as [...]

[more]

What Will Happen to My Retirement in Bankruptcy?

04/07/12

Retirement Accounts and Bankruptcy One of the biggest myths about bankruptcy is the idea that you will lose your retirement savings if you file. Generally speaking, this is not true. Section 522 of the Bankruptcy Code allows individual retirement accounts (IRAs) up to $1,000,000 to be exempted in bankruptcy. This means that you can file [...]

[more]

When You’re Too Broke to File Bankruptcy…

03/29/12

How Can I Pay For Bankruptcy? At first blush, the title of this post “When You’re Too Broke to File Bankruptcy” may seem counter intuitive to some. After all, isn’t it people who are by definition “broke” and struggling with debt who turn to bankruptcy to hit the reset button? While it is true that [...]

[more]

Filing for bankruptcy can do more than just postpone foreclosure

03/25/12

When someone mentions bankruptcy or foreclosure, it might make you cringe. But many residents of Dayton, Ohio, know of the financial issues that can lead someone toward those outcomes. Sometimes the two come together, but that isn’t always the case. According to experts, filing for Chapter 13 bankruptcy can allow individuals to keep their home [...]

[more]

I’m Not Current on May Car Payments, Do I Have Options in Chapter 13?

02/06/12

When you are considering bankruptcy, you have often been behind on payments for months.  You have run up credit card debt, and missed payments on your car and mortgage.  And now, perhaps your lender is threatening to repossess your car.  What are your options in Chapter 13 bankruptcy? In Chapter 13, unlike Chapter 7, you [...]

[more]

Can Prospective Employers Deny You Employment Because You Filed for Bankruptcy?

02/06/12

Previously, I discussed the bankruptcy rule that employers cannot fire or otherwise discriminate against employees because they filed for bankruptcy.  However, I also mentioned the difficulty in sometimes proving the causation element between the filing and the discrimination, and the fact that a bankruptcy will still come up on credit checks and other types of [...]

[more]

Chapter 13 Bankruptcy: The Hero Appears?

02/02/12

Chapter 13 Bankruptcy Basics As a Dallas bankruptcy lawyer, I help many clients that are looking for a way to resolve their debts. I find that most people prefer the shorter timeline of a Chapter 7 bankruptcy and don’t want to file for chapter 13 protection. As Lori Patton wrote on this forum: Very often [...]

[more]

Wells Fargo Account Freezing Okay in Some States, Not In 9th Circuit

01/30/12

Wells Fargo Freezing Accounts of Bankruptcy Debtors For years, Wells Fargo has taken an unusual and sometimes unpopular stance with regard to the bank account funds that bankruptcy filers have at their branches.  Every evening, Wells Fargo checks the notices of new bankruptcy cases, and freezes the bank accounts of people who have filed bankruptcy [...]

[more]