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Top 5 Reasons People Are Afraid to File for Bankruptcy Protection

Many people in the United States are afraid to file for bankruptcy because they do not understand that most people who file are financially better off in the long run. After filing, most people see their debt erased and their credit scores…
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How Co-Signers Are Affected in Bankruptcy: The Co-Debtor Stay

What Happens to Cosigners and Joint Account Holders in Bankruptcy? When you file for bankruptcy protection, the bankruptcy discharge only eliminates your liability on discharged debts.   Your lender or credit provider can still pursue…
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How Does a Chapter 13 Bankruptcy Work?

A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors…
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What Happens if You Receive a 1099 From a Creditor After You File for Bankruptcy?

WHY WAS I SENT A 1099-C AFTER DISCHARGE?Did you receive a 1099-C after your bankruptcy discharge? A 1099-C is generated by a financial institution, such as a lender, after a qualifying event. A qualifying event occurs when the entity has written-off…
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Converting Your Chapter 13 Bankruptcy Case to Chapter 7

Individuals who file for Chapter 13 bankruptcy sometimes find themselves unable to afford funding their Chapter 13 case.  Luckily, the bankruptcy laws were designed to anticipate this scenario and Congress realized that unexpected emergencies…
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How Do You Deal with Timeshares in Bankruptcy?

What Type of Property Right is a Timeshare Exactly? Time-sharing is an innovative form of property "ownership" borroweol from the computer industry. As the name implies, it is a method of creating multi- ple interests in a single piece of property…
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Can You Get Rid of Government Fines in Bankruptcy Cases?

Whether you can discharge a fine in bankruptcy will depend on why you were assessed the fine to begin with.  The general rule with respect to fines and court costs in criminal cases is that fines issued as punishment for the crime are…
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Small Business Bankruptcy Chapter 7 Cases

Several times a week I receive a call from a business owner to discuss the closing of their business and how to deal with the often large debt owed by the company and usually personally guaranteed by the business owner. When it comes to closing…
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Motion to Retain Funds: How to Retain Your Tax Refund or Insurance Settlement While in Bankruptcy

Motions to Retain are a very common motion filed in bankruptcy court. The typical reason that bankruptcy attorneys file these motions is because their client is due either a tax refund or an insurance settlement and need to retain a portion…
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The Means Test in Chapter 7 and Chapter 13 Bankruptcy: What is it?

Probably the most "mythical" part of bankruptcy, the means test was a creation of the new bankruptcy law update in 2005. Basically, it is a 6 month look back period of your income and allowable expenses. Luckily, there are many ways to approach…