Sawin & Shea

DECEMBER 29, 2021

Debtors in Indiana can protect exempt property under both a Chapter 7 and a Chapter 13 bankruptcy. However, the property that is considered nonexempt will be handled differently depending on which chapter you file. Property in Chapter 7 Bankruptcy.

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Sawin & Shea

FEBRUARY 2, 2021

Your Credit Report as Part of Your Bankruptcy. After your Chapter 7 bankruptcy discharge or Chapter 13 bankruptcy period, your bankruptcy attorney will request permission to pull and review your credit report. These are the agencies credit unions and banks use.

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Sawin & Shea

AUGUST 17, 2022

There are two primary types of bankruptcies that a person might file when struggling to pay their debts: Chapter 7 and Chapter 13. In a Chapter 13 bankruptcy , the debtor agrees to a payment plan instead of having their property taken to pay creditors. Penalties for Hiding Assets in Bankruptcy.

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Sawin & Shea

APRIL 10, 2024

Chapter 7 bankruptcy is a great financial solution for those struggling with debt, especially unsecured debts. With Chapter 7 bankruptcy, you as the debtor can discharge most unsecured obligations after liquidating nonexempt assets. What Is Chapter 7 Bankruptcy?

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Jimerson Firm

DECEMBER 29, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily consumer debts files for Chapter 7 bankruptcy. 11 U.S.C. § 707(b)(3).

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Sawin & Shea

MARCH 14, 2023

If you’re filing for Chapter 7 bankruptcy , you can retain exempt assets and protect them from seizure but only up to a particular point. The court-appointed bankruptcy trustee can confiscate any non-exempt assets to liquidate in order to pay back some of your debts.

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Debt Free Colorado

JANUARY 27, 2022

They will sell them and use the revenues to pay for the bankruptcy’s fees , charges, and expenditures before paying creditors. The Trustee confiscates your bank and savings accounts when the bankruptcy order is issued. If the account is in credit, the amount is a bankruptcy asset. Items found in your home.

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Sawin & Shea

OCTOBER 25, 2023

However, you may still have to pay the monthly or annual fees until the bank forecloses and transfers the title from your name. Chapter 7 Timeshare Bankruptcies If you file for Chapter 7 bankruptcy , you might be able to keep your timeshare. In this case, the property will go back to the lender.

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Sawin & Shea

MAY 8, 2024

However, dealing with financial hardships like bankruptcy can make that dream seem out of reach. But, Can You Buy a House After Chapter 7 with a Co-Signer? If you’ve gone through a Chapter 7 bankruptcy , you may be wondering if homeownership is still possible for you, especially if your credit has taken a major hit.

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Debt Free Colorado

NOVEMBER 28, 2024

The two most common types are Chapter 7 and Chapter 13 bankruptcy. Chapter 7 Bankruptcy The liquidation process is managed by a trustee who sells non-exempt assets to pay creditors. A key benefit of Chapter 7 bankruptcy is the quick discharge of debts.

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Sawin & Shea

APRIL 26, 2023

If the creditor has your date of birth and social security number, they may be able to garnish your bank account and apply that money toward your debt balance. If that’s not possible for you, another option is to avoid it through Chapter 7 or Chapter 13 bankruptcy court.

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Sawin & Shea

NOVEMBER 15, 2022

If a potential employer runs a background check, they’ll discover your bankruptcy. And if they search your credit history, they’ll also likely spot your bankruptcy filing. A Chapter 7 bankruptcy remains on your credit history for ten years, and a Chapter 13 bankruptcy will stay on your credit history for seven years.

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Sawin & Shea

MAY 2, 2024

Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. One of our firm’s key strengths lies in our comprehensive understanding of both Chapter 7 and Chapter 13 bankruptcy options.

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Sawin & Shea

FEBRUARY 8, 2023

Here are some expert tips for rebuilding your credit and finding the best credit cards after bankruptcy. Rebuilding Your Credit After Bankruptcy Your bankruptcy will remain on your credit score for up to a decade. Bankruptcies can impact your credit, but you can take steps today to rebuild your creditworthiness.

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Sawin & Shea

AUGUST 30, 2023

Although businesses can also declare bankruptcy, we will focus on personal bankruptcy in this article. In Chapter 7 Bankruptcy , (sometimes misleadingly described as liquidation bankruptcy), certain debts are discharged within 3-4 months. Chapter 13 Bankruptcy is sometimes called “the wage earner’s plan.”

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Sawin & Shea

APRIL 17, 2024

In this blog, we’ll discuss how Chapter 13 usually affects credit scores, and we’ll give you actionable tips to begin rebuilding your credit. If you have additional questions regarding Chapter 13 or Chapter 7 bankruptcy, contact the attorneys at Sawin & Shea, LLC.

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Roths Child Law

JUNE 13, 2021

When people are considering Chapter 7 bankruptcy, one of their primary concerns is that they will have to give up things that they need and things that are very important to them. The bankruptcy court will divide their assets into exempt and non-exempt. These are called no-asset bankruptcy cases.

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Debt Free Colorado

APRIL 9, 2020

If neglected long enough they will sue you and attempt to garnish your wages and take money from your bank account, but if you’re not working and don’t have any money in the bank account these are empty threats. Despite your best efforts, you may dig yourself into a financial hole during this unsettled period.

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Debt Free Colorado

DECEMBER 23, 2024

However, because assets do not secure these debts, bankruptcy may help eliminate them. To qualify for Chapter 7 bankruptcy, debtors must pass a means test that compares their income to their state’s median income. When you file for bankruptcy, you enter a legal process. This means you no longer owe the money.

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Sawin & Shea

AUGUST 4, 2021

Because a short sale is such a complicated process, you are advised to work with a bankruptcy attorney who understands the complexities of cases like this and who can protect you against a deficiency judgment or other liabilities that may pertain after the sale. What if you file for Chapter 7 bankruptcy?

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Jimerson Firm

DECEMBER 27, 2023

When a debtor files for bankruptcy, a creditor may be able to seek dismissal of the bankruptcy if the petition was filed in bad faith. This article will provide an overview of the options available to a creditor if a debtor with primarily business debts files for Chapter 7 bankruptcy.

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Sawin & Shea

JUNE 28, 2023

Do Not: Try to Transfer or Hide Assets If you’ve transferred any assets to another party before declaring bankruptcy, you’re not gaining any protection. If assets are transferred in anticipation of filing for bankruptcy, a trustee can recover those assets in a Chapter 7 bankruptcy since the transfer would rightfully be seen as fraudulent.

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Sawin & Shea

SEPTEMBER 13, 2023

If you choose bankruptcy, there are also different options depending on whether you choose a Chapter 13 bankruptcy or a Chapter 7 bankruptcy. If you are facing foreclosure or bankruptcy, the best way to determine which choice is right for you is to speak with an experienced bankruptcy attorney.

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Credit Corp

MAY 1, 2024

If possible, mail a money order so the creditor can’t access your bank account information. File for Bankruptcy Bankruptcy is a legal process that allows you to eliminate some or all of your debts. You pass a means test designed to determine if an individual is abusing the bankruptcy system. Pay the agreed-upon amount.

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Debt Guru

AUGUST 30, 2021

You’ve probably heard of people filing for bankruptcy but may not understand how it works for individuals who are in debt over their heads. There are two forms of bankruptcy: Chapter 7 bankruptcy is when you go to court and ask that all of your outstanding debt is discharged.

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Roths Child Law

JUNE 13, 2021

When people are considering Chapter 7 bankruptcy, one of their primary concerns is that they will have to give up things that they need and things that are very important to them. The bankruptcy court will divide their assets into exempt and non-exempt. These are called no-asset bankruptcy cases.

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Debt Free Colorado

NOVEMBER 2, 2016

If that’s the case, the bankruptcy will help you turn things around per a recent piece in the Los Angeles Times : Filing for bankruptcy may have actually helped your scores. The average credit score before someone filed Chapter 7 was 538.2 The average credit score before someone filed Chapter 7 was 538.2

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Sawin & Shea

APRIL 19, 2023

To get a payday loan, you need to be at least 18 years old and have a bank account and the ability to verify your identity. A common question is, “Does bankruptcy cover payday loans?” There are two kinds of bankruptcy, both of which can be helpful if your payday loan debt has spiraled out of control. What Is a Payday Loan?

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Sawin & Shea

FEBRUARY 16, 2022

There is no exact definition that we can point to, but you need an adequate reason for why you’re filing for emergency bankruptcy. It’s not always clear when it’s the right time to file for emergency bankruptcy.

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Sawin & Shea

NOVEMBER 2, 2022

The bankruptcy court will examine your joint and individual debts and assets. Follow your bankruptcy lawyer’s instructions about quickly and truthfully providing tax information, bank records, property transactions, and other documentation that may either apply to you and your spouse jointly or you alone.

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Sawin & Shea

SEPTEMBER 15, 2021

If you are not still receiving payments, you can send a check, or use a debit card, credit card, or your bank account. Like all debts in bankruptcy, an automatic stay is put into place upon filing (the creditors have to leave you alone) for at least a period of time. What’s the catch? Well, you can’t have committed fraud.

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Sawin & Shea

SEPTEMBER 15, 2021

If you are not still receiving payments, you can send a check, or use a debit card, credit card, or your bank account. Like all debts in bankruptcy, an automatic stay is put into place upon filing (the creditors have to leave you alone) for at least a period of time. What’s the catch? Well, you can’t have committed fraud.

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Jimerson Firm

MAY 30, 2024

In Parker , the Eleventh Circuit Court of Appeals succinctly discussed this principle: Generally speaking, a pre-petition cause of action is the property of the Chapter 7 bankruptcy estate, and only the trustee in bankruptcy has standing to pursue it. Wendy’s Int’l, Inc. , 3d 1268, 1272 (11th Cir. 3d 1289, 1292 (11th Cir.

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Fraser

JUNE 25, 2020

An executory contract, while not defined under the Bankruptcy Code, generally is one in which both parties have performance obligations remaining under the contract. Unlike in chapter 7 bankruptcy, there is no specific deadline for chapter 11 debtor to assume or reject an executory contract. Walton, Jr.’s

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Debt Free Colorado

OCTOBER 12, 2023

financial assets (including bank accounts and investments), debts owed to you (including tax refunds, loans, and other obligations), assets related to your business, and any other assets you may own. In Colorado, they choose which assets you are permitted to keep in your bankruptcy case. You can start over because of that.

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Jimerson Firm

FEBRUARY 11, 2022

The borrower is a self-employed individual, sole proprietor, single-member LLC or independent contractor, and the owner is deceased.

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Debt RR

DECEMBER 13, 2019

Banks can seize business assets and liquidate as a last resort to cut their losses. Some major retailers filed for Chapter 11 bankruptcy in 2019, including Beauty Brands, Innovative Mattress Solutions, Things Remembered, Z Gallerie, Kona Grill, Perkins & Marie Callender’s, Sugarfina, Forever 21, and Barneys New York.

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