Category Archives: Bankruptcy
Top Five Property Exemptions in Illinois
Many states have limited bankruptcy property exemptions. In these states, since the trustee (person who oversees a bankruptcy for a judge) has broad powers to liquidate assets, debtors must think twice before they file bankruptcy. Illinois is different. The Prairie State has extremely broad property exemptions. In fact, for most purposes, most Chicagoland residents… Read More »
When Does Bankruptcy Stop Foreclosure?
In most cases, bankruptcy’s Automatic Stay stops foreclosure and most other creditor adverse actions, such as repossession and wage garnishment. The serial filer rule is the primary exception. If the debtor filed bankruptcy within the last six months, even under another name, Section 362 of the Bankruptcy Code has a more limited effect. This… Read More »
Student Loan Repayment and Your Bank Account
When the three-year student loan repayment pause ends in October 2023, American consumers stand to lose over $8 billion per month. The payment restart will reduce consumer spending by 0.8 percent in the first quarter of 2024 and by 3 percent in the second quarter, reversing from the estimated growth of 3 percent and… Read More »
How Long Does Chapter 13 Bankruptcy Affect My Credit Score?
By the book, a Chapter 13 filing falls off a credit report seven years after discharge (not seven years after filing), at least in most cases. The waiting period for Chapter 7 is a little longer, usually ten years. However, the judge usually discharges (closes) a Chapter 7 within months, and a Chapter 13… Read More »
What are the Most Common Reasons for Bankruptcies?
In simple terms, people file bankruptcy because they owe more than they can pay. Average credit card numbers are especially grim. The average household has over $7,000 in credit card debt. At an average interest rate of over 22 percent, it’s very difficult to pay off this debt simply by making double, or even… Read More »
Does Bankruptcy Affect Social Security Payments?
Technically, no. Social Security benefits and other retirement accounts, like IRAs and 401(k)s, are exempt assets in bankruptcy. The Bankruptcy Code usually doesn’t protect cash in checking accounts or other DDAs (demand deposit accounts). It also usually doesn’t protect short-term savings accounts. Retirement accounts are different. Usually, people sacrifice and save for decades to… Read More »
Will I Lose My Security Clearance if I File Chapter 13 Bankruptcy?
No. And, in fact, according to Guideline F in DoD Directive 5220.06, which is the authoritative document in this area, filing bankruptcy might be the only way to save a security clearance. Chapter 13 affects a debtor’s life in many ways. This filing usually triggers five years of court supervision. Furthermore, filing bankruptcy lowers… Read More »
How Does Bankruptcy Stop Vehicle Repossession?
The repossession threat is real. Legally, banks or other lenders can begin the repossession process after only one missed payment. Usually, these companies electronically disable vehicle ignition even earlier than that. There’s more bad news. Since pandemic lockdowns ended, a combination of high gas prices, job cuts, high vehicle prices, and overall high inflation… Read More »
Can You File Bankruptcy on IRS Debt?
You bet. In most cases, bankruptcy discharges IRS tax debt, gives taxpayers more time to pay, or both. Back taxes are a big issue for many of the nation’s seventy-five million freelancers. Many parts of the country, especially large urban areas like Chicago, didn’t fully get back to normal until sometime in 2022. So,… Read More »
Should I File Chapter 7 or Chapter 13?
Filing choice usually depends on the type of debt. People with burdensome unsecured debts, like medical bills and credit cards, usually file Chapter 7. Debtors who are behind on mortgage notes and other secured debts generally file Chapter 13. Procedurally, the two major forms of consumer bankruptcy are almost identical, except for the length… Read More »
