should I file for bankruptcy?

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 [...]

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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 [...]

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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 [...]

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Are the Penalties for Violating the Automatic Stay Too Lenient?

01/30/12

The automatic stay protects consumers who file for bankruptcy One of the greatest advantages available to the debtor who is willing to consider bankruptcy as an option is the automatic stay.  The automatic stay orders creditors to refrain from collection practices immediately once a debtor has filed for bankruptcy.  But we all know that rules [...]

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SHOW ME THE BANKRUPTCYYYYYYYYYY!

01/24/12

You probably are more familiar with that line in its original form, “Show me the moneyyyyyyyyyyy!” as screamed over the phone by “Jerry Maguire” the sports agent played by Tom Cruise in the movie of the same name.  Well, now the real life sports agent that inspired the Jerry Maguire character, Leigh Steinberg has declared [...]

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What Happens To You When Your Employer Files for Bankruptcy?

11/21/11

When Your Employer Files Bankruptcy… In today’s economic climate, it’s not enough to be careful with your own finances – you may face the bankruptcy of your employer.  Then what?  Does your employer have to continue to pay you, and give you health and retirement benefits?  Will you still be able to get paid what [...]

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In re: Rankin, No. 10-62340-13

10/25/11

In re: Rankin, No. 10-62340-13 (Bankr. D. Mont., January 21, 2011).   When you file for Chapter 13 bankruptcy, you propose to the bankruptcy court your plan to repay what you owe to your creditors.  There are many requirements that each plan must meet in order to be approved by the court and put in [...]

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Rising Elderly Population May Increase Bankruptcy Filings

08/30/11

The oldest of the baby boomers are just now reaching the age of retirement, and with that comes a series of new concerns.  The average cost of a nursing home today is somewhere around $7,000 a month, and that number is only on the rise.  For adults who need special assistance, such as Alzheimer’s patients, [...]

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Will My Bankruptcy Affect My Spouse?

08/20/11

When you consider filing for bankruptcy, if you are married you will have to decide whether to file jointly or separately.  If you decide to file jointly, it will be important to know:  what will happen to your spouse? What happens to your spouse will depend most heavily on whether your debts are yours alone, [...]

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Identify Theft in Bankruptcy

08/20/11

Identity theft, the use of another’s personal information for fraud or deceit, is unfortunately a widespread problem.  And a significant number of bankruptcies involve identity theft as well.  Examples include the filing of bankruptcy with another’s name or listing another person who is in bankruptcy on a deed to avoid foreclosure. Often, identity thieves want [...]

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