Below are some of the most common myths that people believe about filing bankruptcy and the bankruptcy process overall. Filing Bankruptcy Means I’m a Failure There is an old saying that “bad things happen to good people.” Every single day good people experience difficult situations: spouses pass away, people become ill or have medical emergencies, […]

If you are behind on your car payments and facing repossession, filing for bankruptcy can help.  Filing for bankruptcy will generate an automatic stay, which will stop creditors (at least temporarily) from repossessing the vehicle. Depending on which Chapter of the bankruptcy laws you file under, your options to keep the vehicle will vary.  Chapter 7 […]

A chapter 13 bankruptcy is a reorganization bankruptcy in which the debtor’s goal is the entry of an order confirming their proposed chapter 13 plan. Once the plan is confirmed then the debtor makes payments pursuant to the plan for typically 36 to 60 months. When the plan payments have been completed then the court […]

Chapter 13 bankruptcy cases differ from Chapter 7 bankruptcies in many ways.  While both have a mandatory Meeting of Creditors as required by 11 U.S.C. Section 341 (a.k.a.-The 341 Hearing), Chapter 13 cases will also have a SECOND hearing early in the case, called the “Confirmation Hearing”. The term “341 Meeting of Creditors” is a […]

The cost of health care is a major problem for many people and can be a prime contributor in the decision to file personal bankruptcy.  Bankruptcy can be a useful tool to reduce or eliminate tremendous medical bills. Medical Debt and Bankruptcy A 2021 Census Bureau study found nearly 1 in 5 households (20%) couldn’t […]

It’s a myth that a bankruptcy filing cannot provide relief from an individual’s income tax liabilities.  In fact, a chapter 7 bankruptcy can greatly assist with income tax problems in certain limited situations. Let’s explore below how a bankruptcy can discharge (wipe out) personal income tax liabilities in the following scenarios and situations: Important Factors […]

Recall in part 1 and part 2 of this article that Joe is a former Florida resident who moved to Michigan and then filed chapter 7 bankruptcy. Under the bankruptcy code, Florida is considered to be his domicile because he lived in Florida for the 180-day period preceding the 730-day period preceding the filing of […]

Recall in Part 1 of our Chapter 7 Bankruptcy blog series that “Joe” is a former Florida resident who filed chapter 7 after he moved to Michigan. Under the bankruptcy code, Florida was considered to be his domicile because he lived in Florida for the 180-day period preceding the 730-day period preceding the filing of […]

Priority Tax Claims In order to secure a bankruptcy court’s approval of a plan of reorganization, a debtor is required to satisfy, in full, all obligations entitled to priority treatment under the bankruptcy law[1][2]. Some taxes, owed to the federal government, generally are deemed to be priority obligations.  In a recent case, a bankruptcy appellate […]

Congress recently passed legislation entitled The Bankruptcy Threshold Adjustment and Technical Corrections Act which the President signed into law on June 21, 2022. The changes to the law will help people because it significantly expands who can qualify for Chapter 13 relief.  Chapter 13 is a reorganization bankruptcy for individuals which gives people an opportunity […]