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When you have debt, what to do: Debt Consolidation vs Bankruptcy

A man performing laptop tasks at a workstation.

If money is tight for you, and you’re struggling with your debt, you may be looking to take action.  Bankruptcy, it seems, is the “last resort” for people (which I don’t think it should be – bankruptcy can be used strategically).  You see commercials for debt consolidation programs that offer low monthly payments to get […]

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I received a wage garnishment. Can filing for Bankruptcy help?

Money Transfer in Garnishment

You get home and check your mail when you notice a discreet envelope from a marshal’s office that says “Personal and Confidential.” You open it up and you see, in big letters at the top of the letter, “GARNISHMENT.” In a few weeks, you notice that your paycheck is smaller. You notice a new deduction: […]

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In bankruptcy, is there a difference between a “debt” and a “claim”?

A document showcases the difference between a debt and a claim, with a pen nearby.

Legal cases often hinge around very fine, technical distinctions between words.  This is one of those times.  In this article, we’ll take a look at a very important issue: in bankruptcy, is there a difference between a “debt” and a “claim?”

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Can I discharge a credit card debt that was incurred to pay taxes?

A hand gripping a credit card symbolizing mounting debt.

As the tax return season is in full swing, many people have already filed their returns and, unfortunately, may owe the IRS or state taxing agency.  While there are usually options available to pay taxes, many people don’t want to deal with an on-going debt.  If you already had an eye towards filing for bankruptcy, […]

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What happens if you fail to turnover property in bankruptcy? You could lose your discharge!

A man in a suit fails to turnover property.

When a bankruptcy case is filed, the goal is to keep the debtors with as much of their property as possible.  Sometimes, though, to get the discharge, a debtor has to turnover property.  Generally, it’s because they don’t have sufficient exemptions to protect the property.  A very tricky asset can be a potential tax return.  Even […]

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Single Mother Wins Discharge of Student Loans in Bankruptcy Court

A woman reading a book on a dark background as she finds solace and escapism from her mounting student loan debt.

As I’ve commented before (such as here and here), the student loan issue is something that should be receiving plenty of attention in the coming months.  Bankruptcy offers an interesting opportunity for student loan debtors because, under certain circumstances, courts are willing to discharge student loans.  In this case, the debtor (who, to me, more people […]

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