Category Archives: Bankruptcy Help

Choosing the Right Chapter to Save Your Home through Bankruptcy

Both Chapter 7 and Chapter 13 stop a foreclosure of your home. One or the other COULD be better for you, but which one is it?

Stopping the foreclosure of your home through bankruptcy

Both Chapter 7 and Chapter 13 can help you save your home. Which one is better for YOU?

When a bankruptcy filing does NOT stop collection actions

Your bankruptcy filing can stop all your creditors’ collection actions against you. Or can it?
Isn’t a bankruptcy filing supposed to stop all your creditors’ collection efforts against you and your property? Yes, and in fact in many cases a bankruptcy filing does exactly that. Stopping collection efforts is a benefit of [...]

Must I report illegal or previously unreported income in my bankruptcy?

It sometimes comes up that a person who wants to file for bankruptcy has income that is either derived from an illegal source (such as drug dealing) or that has not been reported to the IRS (when it should have been). Also, many people get confused between the reporting requirements for the IRS and [...]

Student loans: What can be done

Many people have student loans that they have trouble paying. I am often asked what can be done about student loans.
It is extremely difficult to get student loans discharged in bankruptcy. Therefore, most people need to look at alternatives to bankruptcy to address their inability to afford their loan payments.
Following is a group [...]

Debt collection: Can a creditor clean out your bank account?

Bankruptcy work is rife with questions about debt collection. The most common question for me is: Help, I owe [fill in the blank] a lot of money! Can a creditor just take money out of my bank account?
At least in New Jersey, the answer to this question is yes and no. [...]

Do you have $50,000 to throw away?

Well, do you? You may have already thrown it away, without even thinking of it that way. The money I’m referring to here would be what you have (or had) socked away in your IRA or 401(k) account. You might be thinking about cashing out that account in order to pay your [...]

Tip income can’t necessarily be garnished in New Jersey

I have to admit, I picked this case for this post mainly because of its cool name, Big M, Inc. t/a Annie Sez v. Texas Roadhouse Holding, LLC. But it also has something interesting to say about debt collection.
The New Jersey Supreme Court decided Big M on July 16, 2010. The issue in [...]

Utility bills in bankruptcy

So you got behind on your utility bills and you are going to file for bankruptcy? The past-due debt to the utility company just gets discharged in your Chapter 7 and there’s nothing more to worry about, right?
Well…not necessarily. You might have to worry a bit more about your utilities, especially if you [...]

Using credit reports in bankruptcy

If you are considering a bankruptcy filing but you are concerned because you don’t remember which credit card companies you owe and/or exactly how much you owe them all, what do you do?
First, don’t worry. Remember – most, if not all, of your debts are on file somewhere – in your consumer credit reports. [...]