With Tax season upon us, the question on the minds of potential bankruptcy filers is, “How do we keep our tax refund after filing?” Some people opt to spend their tax refund outright. The problem with this strategy is that when a person or couple files for chapter 7 or chapter 13, their possessions are absorbed into the trust estate to pay for their debts. Frankly, it doesn’t make sense to make a purchase today only to have it taken away tomorrow. A word of caution: If you spend your tax refund on luxury items or vacations, pay off a credit card or other unsecured debt, or use it to repay a friend or family member, you may trigger an objection from the trustee, and be required to surrender your tax refund, even if you have already spent the money.

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When a close friend or relative asks you to co-sign on a loan, it might be difficult to say no. But before you agree to help that person out, you should know exactly what you’re signing up for. Federal law requires creditors to give you a notice that explains your obligations before you co-sign, but it’s your responsibility to understand it.

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Basically, an adversary proceeding is when one party files against another party (in the context of a bankruptcy case). There are only three parties that can file such a proceeding: the creditor, the trustee, and the debtor. The proceeding goes to court a bankruptcy judge determines who wins the case, much like a traditional court trial.

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Hearing the term “attorney fees” when filing for a bankruptcy can be a real nail biter. Let’s face it, if you are behind in paying other bills, hearing about a new expense can cause even more anxiety. The good news is, once you have retained an attorney, the creditors stop calling. That still leaves many with the question, “How do I come up with the money for my attorney fees?”

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The short answer is yes, there is a way to discharge your student loans. However, the long and explicative answer is more complicated and less encouraging.

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Student loans are extremely common causes of debt for average Americans. Due to the rising cost of a college education paired with an unforgiving and dismal economy, more and more college graduates are falling victim to paralyzing student loan debt.

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The company responsible for Ho Hos, Twinkies, and Ding Dongs has announced that it has filed for bankruptcy protection. Hostess Brands has filed for Chapter 11 bankruptcy once before, in 2004 when it was under the name Interstate Bakeries Corp. The company recently came out from a financial restructuring process in 2009 with changes that the company now considers as “insufficient.”

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Recovering From Holiday Finances

If you went all out for Christmas and got your spouse and children everything on their wish lists, your bank account might not be feeling the same warm glow of contentment as your family. If you want to avoid hitting rock bottom or plunging further into debt, you need to take some proactive steps to getting a grip on your finances. 1. Evaluate where you stand right now. Before you can get your finances in order, you need to know everything that is happening with your various accounts and bills. Take the time to sit down and make a list…

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Eastman Kodak Co., the notoriously innovative company that was credited with making the camera financially assessable to the greater public, is considering filing for Chapter 11 bankruptcy, according to the Wall Street Journal. How did a company that was once so successful end up in such a rut?

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Due to the unprecedented real estate market, many people are facing the very difficult question of whether to let their underwater homes go by short sale, foreclosure, or surrendering the home during bankruptcy. In many cases a short sale may be the best option; however, in cases that involve recourse loans, it may be in your interest to surrender the home through bankruptcy.

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