Other Bankruptcy

Please view our Understanding Bankruptcy Video in English below. https://www.youtube.com/watch?v=fJqjqNfpVQo

Please view our Understanding Bankruptcy Videos in Spanish (Espanol) below.   https://www.youtube.com/watch?v=iW98zHdtYEQ

Be careful if you settle any credit card debts before filing bankruptcy because you may convert a debt that is dischargeable in bankruptcy into a non-dischargeable debt...

As a general rule, you cannot discharge back taxes in bankruptcy. Certain income taxes, however, can be discharged under limited circumstances...

The Federal Trade Commission has created guidance for consumers on whether debt relief or bankruptcy may be right for them. 

A common question is whether or not a debtor can keep a credit card after filing for bankruptcy protection and do I have to list the cards I want to keep. If you owe a balance at the time the bankruptcy petition is filed, you must list the debt. This applies regardless of the amount of the debt. If you are worried that you cannot live without a credit card there are a few options. A credit card with a zero balance does not need to be listed and can be used after you file the bankruptcy petition. If you have a card with a low balance, you should pay it off before filing for bankruptcy.

Employers are not permitted to take adverse action against their employees who file for bankruptcy.  Debtors are protected by 11 U.S.C. sec. 525(b).  Section A applies to governmental units and Section B applies to private employers.  In all my years of practice, I have never had to bring an action or even threaten to bring an action under Section 525.  Most employers understand the stress their employees are under and are not insensitive to their plight.  More people have filed for bankruptcy than you think...

What is a garnishment? A garnishment is basically a legal collections tool where a creditor obtains a court order compelling an employer to withhold a portion of an employee’s wages. The amount that can be withheld is capped at 25%, however, the percentage may vary depending on the state issuing the garnishment and the type of debt. The cap applies to all creditors, meaning 25% is the most that can be withheld at any one time. Garnishments, however, are not limited to wages and can involve one time garnishment of bank accounts or personal property.

Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully...