Most of the time our clients want to know: “Do I have to go to court?” The answer is yes but it’s not like what you see on TV. Section 341 of the Bankruptcy Code requires that all debtors meet with the trustee and answer questions pertaining to his or her bankruptcy case. When [...]
Most people believe that if you file bankruptcy your credit will be ruined. While it is true that filing a bankruptcy case will affect your credit, it does not mean that you cannot re-establish credit after your bankruptcy case is over. Most people who file bankruptcy have already taken a hit on their credit [...]
People who file for bankruptcy seek protection from their creditors for the debts they have incurred. The U.S. Constitution gives this power to the federal government, and the federal government has established U.S. Bankruptcy Courts to handle bankruptcy proceedings across the country. When a person files for bankruptcy protection, he or she creates a bankruptcy estate. A bankruptcy [...]
The means test is often the starting point for anyone who is filing for bankruptcy. It determines if you are eligible for Chapter 7 bankruptcy, and impacts your plan length in Chapter 13 bankruptcy. The means test is a complicated form, and mistakes are common. Read on to find out what some of the most [...]
Chapter 11 usually makes it to the news when large corporations fall into financial distress and need bankruptcy relief. Corporations that have filed Chapter 11 include General Motors, United Airlines, Lehman Brothers, and K-Mart. Most Chapter 11 cases, however, never hit the news. In 2010, for example, close to 14,000 Chapter 11 cases were filed [...]
For a small business in financial distress, bankruptcy may be the only viable option. There are two restructuring options under bankruptcy law for debtors who want to try to stay in business: Chapter 11 and Chapter 13. For a "straight" or "liquidation" bankruptcy: Chapter 7. General Overview To some extent, Chapters 11 and [...]
An illness or disease does not need to be listed in Social Security's blue book to qualify for disability benefits. The Social Security Administration's impairment listing manual (called the blue book) lists a number of impairments, both physical and mental, that will automatically qualify an individual for Social Security disability benefits (SSDI) or Supplemental [...]
To make sure your disability claim progresses as quickly as possible, be thorough in your application and keep on top of the status of your case. Getting approved for disability benefits in the Social Security disability or SSI disability program can take a long time, and for those whose savings and possessions are on the [...]
Here's some advice from a former examiner on applying for and winning your SSDI or SSI disability case. 1. Don't Wait to File for Disability If you are disabled and unable to work, it's good advice to pursue a claim for Social Security disability and get it filed immediately. Reason: Disability claims can take a [...]
Prior to October 17, 2005, it was largely up to a bankruptcy judge to decide whether a debtor met Chapter 7 requirements. Judges, therefore, could use substantial discretion when assessing the debtor's financial situation. As a result, under the old law, most filers chose to have debt discharged even if they were financially capable of [...]
