Category: Bankruptcy

If you’re facing foreclosure, you might be wondering, does bankruptcy stop foreclosure of a home? The short answer is yes, bankruptcy can temporarily halt foreclosure through an automatic stay, giving you time to address missed mortgage payments. In this article, we’ll explore how different types of bankruptcy impact foreclosure and what steps you can take to keep your home. Key Takeaways Filing for bankruptcy provides an automatic stay that halts foreclosure proceedings, offering homeowners critical time to address missed payments and negotiate with lenders. Chapter 7 bankruptcy can temporarily delay foreclosure, while Chapter 13 offers a structured repayment plan to… Read More

Wage garnishment can be financially devastating. If you’re searching for how to stop a garnishment of wages, this guide offers actionable steps you can take immediately. From understanding your options to negotiating with creditors, we’ll break down the most effective ways to protect your earnings. Key Takeaways Wage garnishment occurs when a court orders employers to withhold earnings to satisfy debts, often following legal judgments. Assessing one’s financial situation and seeking legal help are critical first steps in responding to wage garnishment, along with exploring negotiation or exemption options. Long-term strategies such as debt nego, credit counseling, and bankruptcy can… Read More

Income Limits for Chapter 7 in Florida: What You Need to Know Chapter 7 is the most popular form of bankruptcy – But, it’s not available to everyone. The U.S. Bankruptcy Code places strict income requirements to file Chapter 7, with the Florida bankruptcy means test is a critical component in determining eligibility. Here, we’ll discuss the finer details of the income limits for Chapter 7 in Florida, including: How to Calculate Your Income Chapter 7 Means Test Special Considerations Alternative Debt Relief Options if You Don’t Qualify If you have specific questions about the income limit to file Chapter… Read More

Chapter 13 bankruptcy, commonly known as the “wage earners plan,” offers individuals with a regular income the opportunity to create a repayment plan, for all or some of their debts. Unlike Chapter 7 bankruptcy, which often requires selling assets to settle debts, Chapter 13 lets debtors hold on to their possessions and pay back what they owe through a structured repayment plan, initiated by a bankruptcy filing. A consolidation loan can be an alternative to Chapter 13 bankruptcy for managing debts. Knowing whether you qualify for declaring bankruptcy Chapter 13 is essential before deciding to pursue this path. This piece… Read More

Worried about foreclosure? Chapter 13 bankruptcy could help you keep your home by avoiding foreclosure with Chapter 13 bankruptcy. By reorganizing your debts, it allows you to catch up on missed mortgage payments and avoid losing your house. This article will explain how Chapter 13 bankruptcy works and how it can prevent foreclosure. Key Takeaways Chapter 13 bankruptcy is designed for individuals with stable income, consolidating debts into a single repayment plan that allows homeowners to avoid foreclosure by catching up on overdue mortgage payments. The automatic stay provided by Chapter 13 bankruptcy halts foreclosure actions immediately upon filing, offering… Read More

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