Category: Bankruptcy

Declaring Chapter 7 bankruptcy can feel overwhelming, but it’s an excellent opportunity to eliminate a majority of your debts. One concern for individuals after a bankruptcy filing is, “How soon can I buy a house after Chapter 7?” Understanding the loan waiting period and other criteria for buying a house after Chapter 7 can help you to make solid plans for homeownership while alleviating a lot of stress. In this guide we’ll discuss typical “waiting periods” for each type of mortgage loan, eligibility factors, and the best way to increase your odds of owning a home after filing bankruptcy Understanding… Read More

Worried about what happens to jointly owned property in Chapter 7 bankruptcy if you file for Chapter 7 bankruptcy in Florida? This article will explain how your share of jointly owned property in Chapter 7 assets, such as homes or bank accounts, becomes part of the bankruptcy estate. We’ll cover the risks to these assets, protections for non-filing spouses, and differences between community property and common law states. Key Takeaways In Chapter 7 bankruptcy in Florida, a filing spouse’s ownership interest in jointly owned property is included in the bankruptcy estate, which can be liquidated to pay off debts –… Read More

If you are thinking of filing for a consumer Chapter 7 bankruptcy, you probably have a lot of questions. One of the most important for many people is whether or not they will be able to rent an apartment after a bankruptcy filing. The reality is that it is often (though not always) more difficult to rent after bankruptcy. After all, the bankruptcy may stay on your credit report for seven to 10 years. But it is certainly not impossible and in some cases may even be easier than it would have been before your bankruptcy. This is because you… Read More

If you’re wondering can you file bk on a judgement, the answer is yes. Bankruptcy can discharge many types of debts, including judgments. However, the process isn’t always straightforward. Our guide walks you through how bankruptcy affects judgments, what you need to consider, and the steps involved in the process. Key Takeaways Filing for bankruptcy is possible even when there is an existing judgment against you, as it provides a path to alleviate overwhelming debts. The automatic stay initiated upon filing for bankruptcy halts all creditor collection actions, offering immediate relief from legal pressure and wage garnishments. While bankruptcy can… Read More

One of the primary concerns individuals have about declaring bankruptcy is what they could lose.  Bankruptcy, particularly Chapter 7, is a trade off where the government will clean the slate on your debts, but in exchange, you may have to give up some assets outside of “necessities.” Often clients ask if their 401k’s will go to creditors if they declare bankruptcy. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) includes provisions for bankruptcy abuse prevention, which protect certain retirement accounts, including 401k plans, during bankruptcy proceedings. If you live in Florida, your 401k is protected in two different ways. In fact,… Read More

Understanding Chapter 7 Bankruptcy Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, provides individuals with a way to eliminate most of their debts without the need to repay creditors. This type of bankruptcy involves the liquidation of certain assets to pay off debts, offering a fresh financial start for those overwhelmed by debt. To qualify for Chapter 7 bankruptcy, individuals must pass the Chapter 7 means test, which assesses whether their income is low enough to warrant debt relief under this bankruptcy chapter. This process ensures that only those truly in need can benefit from the debt discharge provided… Read More

Are bankruptcies published in the newspaper? One of the greatest concerns of those considering bankruptcy is how it might affect the expectations of those around them, personally and professionally. For the great majority of those who file, those people around them have no idea that they have filed. Nevertheless, bankruptcy is considered a public record, so it is important to be aware of the way it is published. Read on to find out why and where bankruptcy records can be accessed. Key Takeaways Unlikely foreclosure sales, there is no requirement to publish bankruptcy information in the newspaper. Personal bankruptcies are… Read More

A suggestion of bankruptcy filing is a notice to creditors that an individual or business intends to seek bankruptcy protection. This filing halts ongoing legal actions and starts the bankruptcy process. Here, we’ll break down what this means for you. Key Takeaways A suggestion of bankruptcy filing serves as a formal notice to creditors, halting legal actions against the debtor and marking the beginning of the bankruptcy process. The bankruptcy automatic stay provides essential protection to the debtor by restraining creditor actions, but creditors can still seek relief through a Motion for Relief from Stay under certain conditions. Post-filing obligations,… Read More

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Bankruptcy can be a financial lifeline, but only if you do it right. You’ll need to avoid certain actions post-bankruptcy for a truly fresh start. Based on the information we’ve learned after helping countless Floridians recover financially, here are the top 10 mistakes to avoid after filing bankruptcy. 1. Racking Up Debt Right After Bankruptcy Taking on new debt immediately after filing bankruptcy can put your financial recovery in jeopardy. It’s crucial to resist the temptation to: Open new credit cards Take out loans Accumulate other types of debt Instead, it’s better to prioritize living within your budget. Even applying… Read More