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Common Questions: Attempting to Discharge Student Loans Bankruptcy

You’ve probably heard that it is impossible to discharge student loan debt in bankruptcy. That’s not exactly true, but it is very difficult to convince a court to let you off the hook for your student loans in either Chapter 7 or Chapter 13 bankruptcy. But with more than $1 trillion in outstanding student loan…

When Should You File For Bankruptcy?

There is no set formula for determining when an individual should file for bankruptcy. The decision to file for bankruptcy largely depends on the types of debts and assets an individual has. For example, bankruptcy is typically right for someone with a large amount of credit card debt who rents. But bankruptcy may not be…

Reaffirmation Agreements in Chapter 7 Bankruptcy

The biggest difference between Chapter 7 and Chapter 13 bankruptcy is the ability to keep property that is subject to a lien, such as a home or car. In Chapter 13 bankruptcy, this property can usually be retained subject to a repayment plan if the debtor has a high enough qualifying income. In Chapter 7…

Should You File A Joint Petition for Bankruptcy?

While bankruptcy is typically thought of as something for individuals or businesses, in some cases bankruptcy is right for married couples. To qualify for a joint bankruptcy petition, a couple must be legally married. Cohabitation alone is not enough to qualify. A married couple may seek joint bankruptcy under either Chapter 7 or Chapter 13.…

What Debts Are Discharged in Bankruptcy?

Obviously the goal of bankruptcy to is to get out of debt, but not all debt is created equal. The types debts that are dischargeable in bankruptcy depend on whether you are filing Chapter 7 or Chapter 13 bankruptcy. Debts Dischargeable in Chapter 7 Bankruptcy Chapter 7 bankruptcy allows you to discharge your debts more…

Understanding Bankruptcy Forms: The Schedules A, B, and C

One of the most important forms in an individual bankruptcy filing (as opposed to a business filing) is the Schedule of Assets and Liabilities (Official Form 106) which actually includes 10 other forms, a few of which are discussed below. How to fill out these forms is something you want to understand deeply before beginning.…

The Basics: Tax Debt and Chapter 13 Bankruptcy

The old saying is that the only two things that are certain in life are death and taxes. But in bankruptcy court, taxes aren’t quite a certainty. Certain tax debts can discharged or reduced under Chapter 13 Bankruptcy, and even those tax debts that can’t be discharged can be rolled into a payment plan that…

Can I Pay My Bankruptcy Fees With a Credit Card?

Most people are not surprised that it actually takes some money to file a bankruptcy case. There are fees for obtaining the required credit counseling certificate, a court filing fee and the fee you pay your attorney to help you file the case. Those fees can vary depending on where you live and the complexity…

Your New Year’s Financial Resolution

    With the new year, our thoughts often turn to resolutions or ways we can improve our lives and increase our chance of catching the brass ring. Perhaps you’ve decided to lose weight, stop smoking or get more exercise. While you are thinking about your goals in those areas, consider also your financial health.…

What is the Automatic Stay in a Bankruptcy Case?

    You’ve heard it before. A bankruptcy case can help you end creditor harassment, stop foreclosures and prevent repossessions. How can a bankruptcy case have that much power? A set of federal laws called the bankruptcy code governs how we conduct bankruptcy cases in the United States. It  controls where the cases are filed,…

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