Category Archives: Bankruptcy
Understanding the “Willful and Malicious Injury” Exception to Debt Discharge
The overall goal of bankruptcy is to give deserving debtors a fresh start by relieving them of most of their financial obligations. However, “most” does not mean “all.” The U.S. Bankruptcy Code lists several types of debts that are not dischargeable in bankruptcy. Among these are debts incurred by inflicting “willful and malicious injury” upon […]
Weighing Chapter 11 and Chapter 13 as Bankruptcy Options for Small Business Owners
A small business depends on its goodwill and name recognition, which are viable assets only if the business stays in operation. If your company is having financial difficulty but could turn the corner to profitability with some help, restructuring your debt through bankruptcy could be your best option. Depending on your circumstances, a Chapter 11 […]
How Might the “Strong-Arm” Powers of the Trustee Affect Your Bankruptcy?
In the weeks and months prior to filing for bankruptcy, debtors may make payments to certain creditors for various reasons. If the bankruptcy trustee — the official who administers the case — concludes that a payment unfairly preferred one creditor over another, the trustee has the power to demand repayment of the money to the […]
Filing for Bankruptcy to Deal with Heavy Medical Debt
Medical debt is by far the leading cause of personal bankruptcy in the U.S. A 2019 study found that 66.5 percent of all bankruptcies were tied to health care costs. Subsequently, COVID-19 threw millions of people out of their jobs and saddled them with virus-related medical bills. With COVID-related medical debt totaling somewhere between $60 […]
Costly Mistakes to Avoid Prior to Filing for Bankruptcy
When you’re in severe financial distress and considering bankruptcy, don’t let desperation overrule good judgment. Certain actions or omissions taken in the months leading up to filing for bankruptcy can hurt your chances for a successful outcome. Approaching things with a level head will help prevent costly mistakes that can come back to haunt you. […]
Deciding What Type of Business Bankruptcy to File
Opening a small business is exciting but risky. According to the Bureau of Labor Statistics, about 20 percent of small businesses fail in the first year. By the end of year five, 50 percent have failed. And after 10 years, 70 percent have gone out of business. For many small business owners, seeking bankruptcy protection […]
Repairing Your Credit After Declaring Bankruptcy
Many people try to avoid bankruptcy because they fear it will ruin their credit rating. While it is true that bankruptcy takes an immediate toll, it does not last forever. Your credit report will show your bankruptcy for seven or 10 years but the impact of the bankruptcy lessens over time. And with your debt […]
What is the Trustee’s Role in a Chapter 7 Bankruptcy?
When a person or business files for Chapter 7 bankruptcy, the petition and related paperwork provide the court with information about the debtor’s assets and liabilities, income and expenses and general financial condition. The court then assigns a trustee, whose role is to review the bankruptcy petition and other documentation and to supervise and administer […]
Using Bankruptcy to Avoid Home Foreclosure
When default on mortgage payments leads the lender to threaten foreclosure, you need to take prompt action to protect your home. Bankruptcy is an effective way to block foreclosure while allowing you to devise plans for getting back to financial solvency. Filing for bankruptcy protection under Chapter 7 or Chapter 13 causes an automatic stay […]
How Does Filing for Divorce Affect Your Bankruptcy?
Bankruptcy and divorce unfortunately sometimes go hand in hand. Severe financial pressure in a marriage is one of the leading causes of divorce, and the breakdown of a marriage can have ruinous financial effects. Depending on your finances and the state of your relationship, bankruptcy and divorce proceedings can each significantly impact their respective outcomes. […]
