debt

Sued? Fear Not!

07/27/12

Often, the final trigger leading a client to call me is getting suedfor a credit card. Fear !! Scarlet Letters!! Branded For Life!!  The suit can be a good thing.  You have defenses, and now you start planning for your financial fresh start instead of being hunkered down in your sweat box.  Even though there’s not enough money for a bankruptcy filing just yet.

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Credit Card Debt in Bankruptcy: The Basics

04/04/12

The Basics of Credit Card Debt and Bankruptcy In an economy where housing problems dominate the headlines, high interest credit cards still remain one of the largest issues consumers face in their fight for financial health. It should come as no surprise to learn then, that credit card debt is still one of the primary [...]

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Discharge of Debt

01/18/12

A debtor can obtain a discharge of debt by filing for bankruptcy.  A discharge of debt releases the individual’s personal liability for many types of debts.  A discharge prevents creditors from making any collections efforts upon the debtor including phone calls, letters, and threats.    Many types of unsecured debt can be discharged, including credit [...]

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Can I Pay Back Debts After Filing for Bankruptcy?

11/18/11

Paying back debts after bankruptcy Filing for bankruptcy eliminates your personal liability for debts. Once you receive the discharge order from the court none of your creditors can come after you for what you previously owed. This is the law, creditors who attempt to collect debts that have been discharged through bankruptcy will find themselves [...]

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What are the Tax Consequences of Not Filing for Bankruptcy?

11/18/11

Debts discharged in bankruptcy do not trigger tax liability Most everyone knows that filing for bankruptcy eliminates credit card debt, medical bills and other unsecured loans. However, a significant benefit of filing, that is rarely discussed, are the tax benefits that result when the bankruptcy discharge is issued. The IRS treats canceled debt as income [...]

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Court Finds Recharacterization of "Loans" Depends on State Law

08/20/11
The Fifth Circuit has upheld a Texas bankruptcy court's order recharacterizing the ostensible debt of a non-insider as equity. Matter of Lothian Oil Incorporated, No. 10-50683 (5th Cir. 8/9/11). Unlike other circuits to consider the issue, the Fifth Circuit relied on Sec. 502(b) and Texas state law rather than the Court's equitable powers under Sec. 105. You can find the opinion here.
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Court Finds Recharacterization of "Loans" Depends on State Law

08/20/11
The Fifth Circuit has upheld a Texas bankruptcy court's order recharacterizing the ostensible debt of a non-insider as equity. Matter of Lothian Oil Incorporated, No. 10-50683 (5th Cir. 8/9/11). Unlike other circuits to consider the issue, the Fifth Circuit relied on Sec. 502(b) and Texas state law rather than the Court's equitable powers under Sec. 105. You can find the opinion here.
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Reaffirmation of Debt Need Not be Under Same Terms as Original Loan

05/09/11

negotiation with credtorsMost people know that Chapter 7 allows you to wipe out unsecured debt – credit card bills, medical debt and other

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