Bankruptcy Rules For Alimony, Spousal and Child Support

Divorce often puts tremendous strain on both spouse’s finances. One spouse is suddenly paying alimony, spousal or child support, while the other may be scrambling to find a job after staying home with the kids for years. Both have increased living expenses with the move to two separate residences.

Either of the parties may consider bankruptcy as a way to get rid of some of their debt burden from the marriage and move on. Filing for bankruptcy can free an individual from many of the debts they currently owe and help them start over. But if you’re divorced — especially if you pay alimony or other support — consider carefully whether bankruptcy is the right step for you.

You should be aware that your court-ordered obligations to pay alimony or other forms of support won’t go away in a bankruptcy. Court-ordered support cannot be discharged or eliminated in a bankruptcy.

After the bankruptcy concludes, you will still owe the same alimony or support payments you did previously, just as if the bankruptcy never happened. Other, unsecured debts such as personal loans or credit-card bills can be eliminated in a bankruptcy, possibly putting you in a better position to pay your ongoing support responsibility.

On the other hand, if you are the spouse collecting support payments, know that this money will be considered income in determining whether you can repay any of your debts. This helps determine what type of bankruptcy you will file.

If you have some ability to repay your lenders, you will need to use the Chapter 13 bankruptcy structure. In Chapter 13, you work out a repayment plan to pay off your debts over time. You must stay current in your alimony or support payments to keep your Chapter 13 repayment plan in effect and conclude your case. Property settlements from a divorce may be dischargeable under Chapter 13, though.

If your income is inadequate to pay off even part of your debt over time, Chapter 7 liquidation will be more appropriate. You will be able to resolve many debts in Chapter 7, but your child support or alimony payments will not be affected.

If you’re considering filing for bankruptcy in Michigan, call Firebaugh & Andrews for your free consultation. 734-722-2999.

Do I Have to List All My Credit Cards in my Bankruptcy?

The Bankruptcy Code requires a debtor to treat all like creditors alike. This means  you cannot chose to list some creditors in a bankruptcy while keeping other creditors out of the bankruptcy. The Bankruptcy Code requires a debtor to list all creditors or people they owe money to in the bankruptcy.

However, if you have a zero balance on a credit card at the time you file the bankruptcy then that particular company is not a current creditor of yours because you do not owe them any money. Therefore, you are not required to list them as a creditor in your bankruptcy.

However, just because you do not list a particular credit card does not necessarily mean you can keep using that account. Credit card agreements almost always have provisions that allow the credit card company to close the account in the event of a bankruptcy or may close or suspend an account for any other reason permissible by law.  So even though you do not list a particular credit card on your bankruptcy if they discover you have filed a bankruptcy (and they do have ways of checking for bankruptcy filings) they may close your account.

Questions call Firebaugh & Andrews for your free consultation 734-722-2999

A Triplet on “Unspoken” Chapter 13 Advantages

A Triplet on “Unspoken” Chapter 13 Advantages
The disadvantages of Chapter 13 while filing for bankruptcy have overshadowed the advantages that it has. But surprisingly there are few advantages that make it a better option for filing bankruptcy like:
1. Preventing the foreclosure of “home sweet home”. When an individual falls behind the amount of “settled” mortgages, the bank demand borrower i.e. the home owner to pay back the complete arrear. If the individual fail to do so the home is foreclosure. Under Chapter 13 filing, the arrear is broken down into equal minimum chunk, to be paid over a court approved period, for the payback thus preventing the foreclosure.
2. The other mortgages than the first one can be modified to let the lender comes under the debtor’s terms of payment after due date of mortgage payment. This modification is known as “lien stripping” and can be done effectively by filing through Chapter 13.
3. Chapter 13 also provides the debtor with the powerful debt repayment plan available in a bankruptcy. The Chapter holds back the accruing interest on dischargeable debts thus letting the debtor to pay the balance only on the day of filing bankruptcy.
Firebaugh & Andrews know these advantages very well and thus when an individual approach them with a bankruptcy filing they discussed with him or her to judge the option that is best. If Chapter 13 is suitable for the debtor then this Westland Michigan Bankruptcy Lawyer assist the debtor to plan a budget and period to payback the debt. They let their clients have, who are filing bankruptcy by Chapter 13, the best financial solutions.
stressed

Continue reading

Bankruptcy Primer

Bankruptcy is the legal means of wiping out debt. It may seem like a simple solution when you get in over your head in debt. Bankruptcy, though, should not be taken lightly. There are many repercussions of filing bankruptcy.

Before you file bankruptcy you should have a good understanding of the process and what to expect after you have competed filing.

Bankruptcy is meant to give a person a fresh start by relieving debt. A person can file bankruptcy for most debts they have incurred. Some debts can not be cleared through bankruptcy, though. It is very important for a person to check each of their debts to see if they can be cleared through filing.

Continue reading

Bankruptcy – What You Need To Know Filing

When there’s no other way for the business to remain afloat, then you can consider filing for bankruptcy. It’s identified as starting new while you settle all your obligations by legal means. You can avail of four forms of bankruptcy.

Each of these bankruptcy laws has been taken from the bankruptcy code, and they possess particular parameters that must be fulfilled for the debt to be considered ended.

Debt repayment (chapter 13), family farmer or fisherman (chapter 12), reorganization (chapter 11), as well as liquidation (chapter 7) are the fundamental kinds of bankruptcy. Bankruptcy laws are treated differently and so should be the kinds of bankruptcy.

The chapter 7 assures payment of debts through assets owned by the debtor. Properties and equipment shall be evaluated by a court appointed trustee. He also keeps the assets. If these assets are assessed and their worth known, they would be transformed into cash.

Continue reading

Westland Michigan Bankruptcy-Chapter 13 Or Chapter 7

The main purpose of bankruptcy laws is to give people hopelessly overburdened with debt a financial fresh start. Bankruptcy filings are public records. However, under normal circumstances, no one will know about the bankruptcy. Credit Bureaus will maintain a record of the bankruptcy and it will remain on the credit record for 10 years.

The most common reasons for bankruptcy filings are unemployment, large medical expenses; seriously overextended credit; marital problems, and other large unexpected expenses.

There are two ways a debtor can go bankrupt. The first and most common way is for an individual to file a voluntary petition asking the Court to allow bankruptcy. The second, and rarely used way, is for creditors to ask the Court to make an Order that a person is bankrupt. In this way, a creditor can gain payment, at least in part, for debts a debtor is refusing to pay. In both these cases a Bankruptcy Trustee is required to administer the bankruptcy.

debt1

Continue reading

Bankruptcy-Chapter 13 Or Chapter 7?

The main purpose of bankruptcy laws is to give people hopelessly overburdened with debt a financial fresh start. Bankruptcy filings are public records. However, under normal circumstances, no one will know about the bankruptcy. Credit Bureaus will maintain a record of the bankruptcy and it will remain on the credit record for 10 years.

The most common reasons for bankruptcy filings are unemployment, large medical expenses; seriously overextended credit; marital problems, and other large unexpected expenses.

Continue reading

Is Personal bankruptcy A Method To Pardon Student Financial loans?

 

What chance then of purchasing a house? An Installment 13 personal bankruptcy determines a re-repayment plan using the creditors during a period of many years. Filing personal bankruptcy under Chapter Seven, provides the debtor an chance to create a new beginning in existence by accepting people lack of ability to release most financial obligations. For those who have observed in your financial claims that during the last two quarters your company has developed in the losing streak, you very well may consider calling specialist. The reason with this is your personal bankruptcy verifies on your credit history in the same as flashing red-colored lights and big neon signs to ensure that potential lenders know that you’ve filed.

Continue reading

Bankruptcy in Westland Michigan

From the beginning of the history of money, there were people lending money from other people. To state the terminology: When someone lends money that person is called the Debtor. And the person who gives away the money is called the Creditor. The debtor now owes the money he / she borrowed. Now there is a problem here. That is, what happens if the debtor cannot pay back the money to the creditor on time? If we look into the early history, in this kind of situation, in Ancient Greece there was a practice of slavering away the debts. That means, the debtor and his family becomes slaves to the creditor, and do whatever work until the creditor says that his debts are over. And later, in early 1800s’ there was notion called “debtor’s prison”, which means, if you can’t pay back the money, you go to prison that was built specifically for debtors. You can’t come out of prison until your family or friends pay off the money your creditor owns. This might be worse than being a “debt slave”. Because, what if your family or friends can’t or won’t pay your creditor? You might have to be in prison for your entire lifespan. Being a “debt slave”, at least you have the chance to work away your debts.

Continue reading

What are the Basics of a Chapter 13 bankruptcy?

With recent changes in bankruptcy law, more and more people are finding themselves ineligible for traditional Chapter 7 bankruptcy, or liquidation; as a result, the trend is toward more Chapter 13 bankruptcy filings. By filing Chapter 13 bankruptcy, you are essentially entering into a repayment plan that permits you to repay all or a portion of your debts over a certain time period. Furthermore, filing Chapter 13 bankruptcy generally permits you to keep your assets, which does not always occur in a Chapter 7 bankruptcy. Therefore, if you are a person who has substantial assets, as well as a regular income sufficient to repay all or most of your debts, filing Chapter 13 bankruptcy may be the right step for you.