The Arbitrariness of the “Objective” Means Test
The means test is supposed to be an objective way to decide who qualifies to file a Chapter 7 bankruptcy. So what’s so objective about whether your “monthly disposable income” is less than $117 or more than $195? Sounds pretty arbitrary to me. Before getting to this step of the means test, let me bring […]
Audit Shows Capital One Bank Illegally Filed $24.7 Million in Claims for Debts Previously Discharged in Bankruptcy
One can understand if a major U.S. credit card company forgets that one of its customers had earlier written off their debt in bankruptcy. But forgetting this very important fact for 15,500 of its customers?!? It is bad enough that Capital One lost track that its old debts had been legally written off (“discharged”). […]
The Chapter 13 Debt Limits
Too much debt can disqualify you from filing under Chapter 13.
I Make Too Much for Chapter 7, Owe Too Much for Chapter 13, So Now What Do I Do?
If you don’t qualify for either Chapter 7 or 13, do you have to do a very expensive Chapter 11 reorganization? Or could you still qualify after all?
Advantages of Chapter 13 After Stopping Repossession of Your Car or Truck
Straight Chapter 7 bankruptcy gives very limited help if you’re behind on your vehicle and need to keep it. And Chapter 13? Provides much more help.
Help! I’ve Just Been Sued by a Creditor! What Do I Do Now?
Don’t react to getting lawsuit papers by avoiding them. Treat the lawsuit as a great incentive for taking the first step towards a better life.
Avoid the “Presumption of Fraud” for Using Credit Cards before Filing Bankruptcy
Using credit card cards when you’re thinking about filing bankruptcy, even to a relatively modest extent, can mean that you will have to pay back the amounts of those purchases if you file a bankruptcy. That could happen even if at the time you made those purchases you fully intended to repay that credit—in other […]
Avoiding Judgments that Can Really Hurt You, and Hurt Your Bankruptcy
Many judgments against you don’t matter once you file a bankruptcy. But certain ones are very dangerous. How can you tell the difference? Letting a creditor get a judgment against you after it has sued you can sometimes result in that debt not being written off (“discharged”) in a later bankruptcy case. Or that debt […]
Avoid Being Nice to “Special” Creditors Before Filing Bankruptcy
One of the best ways to hurt one of your creditors is by being nice to him, her, or it. Specifically, if, before you file a bankruptcy, you pay a creditor much more than you are paying at that time to your other creditors, then that favored creditor may be required to give back that […]
Paying Your Special Creditor After Filing Bankruptcy
If you file bankruptcy, it’s okay to voluntarily repay any debt. But there can be unexpected consequences.