Bankruptcy & Tax Refunds Each year, many people receive substantial tax refunds. If they are facing a lot of debt, they must decide whether using the tax refund to pay creditors will help them out of debt. If a debtor has one major creditor and can negotiate a payoff with the tax refund, this may be a good option. However, when a debtor has multiple creditors and paying one will not ease the debt burden, bankruptcy may be a better option. Some important factors when considering … [Read more...]
CHAPTER 7 vs. CHAPTER 13 BANKRUPTCY
I am often asked, what is the difference between chapter 7 and chapter 13 bankruptcy? Chapter 7 is a type of bankruptcy in which a debtor gets a fresh start. Chapter 13 is a type of bankruptcy in which a debtor pays all or a portion of his debt in a plan. CHAPTER 7 There are many factors which determine which type of bankruptcy is best for an individual. First, if a debtor has previously filed a chapter 7 bankruptcy, she must wait 8 years before filing another chapter 7. Second, high … [Read more...]
Do I have to go to Court to file Bankruptcy?
While there are instances where a court appearance may be required, most Debtors never have to appear in front of a Judge. The only appearance that every Debtor filing bankruptcy must make is to the creditors’ meeting. Creditors’ meetings generally take place at a courthouse, but you don’t appear in front of a Judge. Instead, the meeting is conducted by a bankruptcy Trustee, a court-appointed attorney. What is a Creditors’ Meeting? After filing bankruptcy, you will be scheduled to attend a … [Read more...]