Bankruptcy

Recently we have consulted with several people with financial issues who are contemplating filing for bankruptcy. It can be difficult to advise them on what is the best choice for them because trying to dig themselves out of debt seems plausible, but filing for bankruptcy is also a reasonable option for people in their situation….

Social Security funds provide a critical financial safety net for millions of Americans, particularly the elderly, disabled, and surviving family members. These funds are protected from garnishment under federal law, ensuring recipients can rely on them for essential living expenses. This document explores the reasons behind these protections, the legal framework, and the exceptions to…

We post quite a few articles about the TCPA, FDCPA, and other consumer-based legal issues. Clients have been telling us that some basic information about bankruptcy would be helpful. Here’s a brief rundown of some common questions clients often have. Keep in mind this is not an exhaustive list, nor is it custom-tailored to a…

The homestead exemption is a critical protection mechanism in bankruptcy law, designed to help individuals retain their homes even when they are undergoing financial distress. This exemption places a limit on the value of equity in a debtor’s primary residence that is protected from creditors during bankruptcy proceedings. Here’s a detailed look at how the…

Pensions are a vital source of income for many retirees, providing financial stability and security in their later years. Most pensions are protected from garnishment, ensuring that retirees can rely on their retirement funds without the fear of losing them to creditors. Understanding the reasons behind this protection requires a closer look at the laws…

Filing for bankruptcy can be a daunting and overwhelming experience. It involves making difficult financial decisions and can significantly impact various aspects of your life, including your assets. One of the most pressing concerns for many individuals during bankruptcy is whether they can keep their car. For many, a car is not just a means…

Chapter 13 bankruptcy, often referred to as a “wage earner’s plan,” is a type of bankruptcy that allows individuals with an income above the means test threshold to develop a plan to repay all or part of their debts. This form of bankruptcy is designed for those who have a steady source of income and…

Chapter 7? Chapter 11? Chapter 13? What are all these “chapters” and which one would be best for me? Chapter 7 bankruptcy, often referred to as “liquidation bankruptcy,” is a legal process designed to help individuals who are overwhelmed by debt. It is in the truest sense of the words, a “fresh start.” Here’s a…

Bankruptcy exemptions are laws that protect certain types of property from being seized by creditors during bankruptcy proceedings. These exemptions vary widely by jurisdiction, but they serve the essential purpose of allowing individuals to retain basic necessities and some assets to help them rebuild their financial lives post-bankruptcy. Common Types of Exempt Property Federal vs….