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Blog

Ex-Spouses as Creditors

Ex-Spouses As Creditors Many people file bankruptcy as a way to stop a judgment or garnishment from being entered against them or to lift the judgment or garnishment if one is already in place.  Most civil judgments can be included in the bankruptcy, and the creditors can no longer make any attempt to collect on […]
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How Is the Non-Filing Ex-Spouse Affected by Bankruptcy?

How Is the Non-Filing Ex-Spouse Affected by Bankruptcy? Many individuals inquire whether they will be affected by their ex-spouse’s financial issues.  Often, they are not affected, but there are circumstances where the financial issues can negatively impact the non-filing ex-spouse.   For instance, the question of whether a person’s ex-spouse’s bankruptcy can negatively affect their credit […]
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Chapter 13 Hardship Discharge

On occasion, there are circumstances that prevent a debtor from being able to continue making their chapter 13 payments.  In very limited circumstances, the debtor(s) may qualify for a hardship discharge.  If a debtor does qualify, the chapter 13 would be discharged without making any additional payments as if the plan was completed under the […]
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How Are Personal Injury Proceeds Handled in Bankruptcy?

How are Personal Injury Proceeds Handled in Bankruptcy? When considering whether to file bankruptcy, many debtors question whether they will be required to turn over to the Trustee their personal property.  In most cases, personal property will not be confiscated by the Trustee (the person who oversees the bankruptcy case).  In certain circumstances, the Trustee […]
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How Can a Debtor Strip a Second Mortgage?

How Can a Debtor Strip a Second Mortgage? In today’s housing market, many Debtors owe more on their house than the house is actually worth, and many people have second mortgages against their house.  You can determine what a house is worth by getting an appraisal or checking on what houses in the neighborhood have […]
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Can I Buy a New Car While In Chapter 13 Bankruptcy?

During the three to five years that you’re making payment on your Chapter 13 bankruptcy, you can’t take out any new debt without getting permission from the bankruptcy court. This provision is there to protect you from getting into further financial trouble as well as to protect new creditors from losing money if you are […]
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Can I pay off my Chapter 13 early?

Often times debtors ask if it is possible to pay their chapter 13 plan off any earlier, either by making higher than scheduled monthly payments, or by one lump sum.  If you are in a 100% plan, meaning that you are paying back all of your debts owed to both secured and unsecured creditors, there […]
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What is Lien Stripping and who can Benefit?

People who are considering Chapter 13 bankruptcy may be able to benefit from a practice known as lien stripping. This in essence is the process of forgiving or stripping away debt that is normally ineligible to be written off. In previous years, this practice was virtually unheard of, but factors surrounding the present housing market […]
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When can I file for bankruptcy again?

Many individuals find themselves facing a bankruptcy more than once in their lifetime.  If you are considering filing for bankruptcy and have filed in the past there are a few things you need to know.  There are waiting periods between filing for bankruptcy if you want your debt to be discharged.  Technically, you can file […]
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