Category Archives: Chapter 7

Fix the Hole First, Then Bail the Water

You’ve read in the past about signs that might warrant delaying a bankruptcy.  In this article, I want to focus more on unresolved addiction or behavioral issues. Sometimes you need to fix the hole in your boat before you can get rid of the water that’s in it. When I review a client’s matter for…

5 Signs That You Should Wait to File Bankruptcy

A few years ago, I wrote an article called 5 Signs That It May Be Time to File Bankruptcy.  It proved to be very popular and a number of my colleagues requested permission to use in on their websites.  There are also instances when the timing of a bankruptcy filing is nearly as important as the…

Getting Back Garnished Wages

Sometimes a client waits to see me until after a creditor has obtained a judgment and is having money taken out of the client’s paycheck.  Although I always want to file a bankruptcy before a client receives notice of a wage garnishment, it may be possible to get some of the money back after the…

I Spent Too Much on Christmas Gifts…Now What?

I have previously posted tips on how to avoid a Christmas debt hangover.  Maybe you didn’t get the memo, but that’s okay.  Pull up a chair and we’ll roll up our sleeves to see what we can do. The first thing to do is not to panic.  December is traditionally a slow time for bankruptcy…

Chapter 7 Bankruptcy – How Long Does It Last?

One of the most common questions is I get about Chapter 7 bankruptcy is how long the process takes. In my experience, clients spend more time worrying about the decision to file bankruptcy and gathering the necessary paperwork than the time actually spent in bankruptcy. Once a Chapter 7 bankruptcy case is filed, it moves…

Getting Rid of Tax Debts Through Bankruptcy

“You can’t get rid of taxes in bankruptcy.” True or false? A lot of people, even many bankruptcy attorneys, believe that taxes cannot be discharged in bankruptcy.  There are many tax debts that do survive bankruptcy such as “trust fund” taxes (i.e. taxes withheld from an employee’s paycheck).  However, some income taxes can be discharged…

Understanding Bankruptcy Basics

What Kinds of Bankruptcy Are There? There are two main types of consumer bankruptcy: Chapter 7 and Chapter 13. Chapter 11 is mainly for large companies like Chrysler and General Motors and for individuals who have too much debt to qualify for Chapter 13.  Chapter 12 applies to family farmers. Chapter 7 is what comes…