Bankruptcy Basics

The information contained in this section is provided for informational purposes and does not substitute for legal advice. The laws and court rules pertaining to a bankruptcy proceeding are highly technical and complex. Following instructions and using the forms provided to you will not guarantee a favorable result. It is strongly recommended that you talk to a lawyer about your bankruptcy before proceeding on your own.

Using Credit Wisely After Bankruptcy

Ten Things to Think about Before Getting a New Credit Card . . .

My Ex-Wife is About to File For Bankruptcy, Should I?

First of all, this a topic where a few areas of the law can intersect so it is wise to meet with an attorney to discuss your situation in greater detail. Having said that, a basic understanding of how joint debt will be affected when your ex-spouse files for bankruptcy is important. If you incurred credit card debt together or both personally guaranteed a mortgage, the bankruptcy filing will eliminate your ex-spouse’s obligation for the debt...

 

Love and Marriage (and Bankruptcy), Part 1: Are Both Spouses required to file?

As a former state court Magistrate who presided over nearly 18,000 family hearings and the former President of the Florida Association of General Magistrates and Child Support Hearing Officers, practicing Bankruptcy law has provided me a real change of pace.  I am amazed, though, when I look at the interplay between bankruptcy and family law, how few family law attorneys “get” the bankruptcy implications of divorce.  I am going to post a series of blogs on Love and Marriage (and Bankruptcy), exploring these issues...

Love and Marriage (and Bankruptcy), Part 2: Who Has to Pay for What After Divorce?

Section 523(a)(5) of the Bankruptcy Code   provides that a domestic support obligation is exempt from Discharge.  What this means is that child support, alimony, and any debt classified as a “support obligation” will typically survive bankruptcy.  What is less clear, though, is what happens to property settlements in bankruptcy.  It is well known that regardless of the terms of a marriage settlement agreement, the marriage settlement agreement is not binding on third party creditors   in the event of a default in payment.  Creditors have the right to seek rec

What Type of Debts Will Filing For Bankruptcy Get Rid Of?

Perhaps one of the biggest (and most logical) questions that those faced with bankruptcy ask is what type of debts will filing for bankruptcy get rid of? As a general principle, filing for bankruptcy is an effective way of eliminating unsecured debt such as credit card debt and medical bills. In addition, if you file for bankruptcy, you will have the option of surrendering homes, cars, boats and other property that serves as collateral for a loan with no continuing obligation for the debt.

Bankruptcy Is Not Always The Answer

I always caution folks before I meet with them that filing bankruptcy is not always the answer to their problems.  I explain to them that we will discuss the facts of their situation and then I will share with them what I see as possible solutions to help them.

Hoja de Información Sobre Bancarrota

La ley de bancarrota es una ley federal.  Esta hoja proporciona información general sobre lo que sucede en un caso de bancarrota. La información que aparece a continuación no es completa.  Es posible que usted necesite obtener asesoramiento legal...

Bankruptcy Information Sheet

Bankruptcy law is federal law.  This sheet provides you with general information about what happens in a bankruptcy case.  The information here is not compete.  You may need legal advice...

Should I file for bankruptcy?

Whether to file for bankruptcy is a very personal decision. Some people find it helpful to file a bankruptcy case when they cannot pay their bills and they do not anticipate having the ability to pay their bills in the near future. Often, people file because their financial situation is causing them emotional distress or depression, or because they would like to free themselves of debt now, if legally allowed, and have their income and assets to themselves in the future.