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The biggest deciding factor in whether or not you should file for bankruptcy is the amount of debt that you have. It is important to meet with an experienced Bankruptcy attorney so that you can take a very detailed look at your finances. A careful examination of your income, debt, expenses and assets will help determine if Chapter 7 is right for you. What Debt Can Be Discharged in Chapter 7 Bankruptcy: Civil Judgments Credit card debt Medical bills Unsecured loans What Type of Debt Cannot be Discharged: Unpaid taxes Alimony Child support Secured loans like mortgages and car payments…

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All debt can be classified in one of two different ways. Debt is either considered to be secured, or unsecured. In order to understand the impact that each type of debt can have we need to understand what constitutes both secured and unsecured debt. Secured Debt: Secured debt is any debt that requires collateral in order to obtain a loan. Examples of secured debt would include: A home mortgage Home equity line of credit Car loan Credit card with a secure line of credit A lender will always see a secure loan as a lower risk loan. Due to the…

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A lot of people are worried about the effects bankruptcy will have on their credit score. The reality is though that if you are in need of bankruptcy your credit score is probably already pretty poor. This means that bankruptcy can actually give you a fresh start and help you to improve your credit score. Now even though filing for bankruptcy can help your credit, it is only the first step. It is very important that you follow up with other steps to helping your credit. Several things which you can do to boost your score are: Obtain a credit…

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Happy St. Patrick’s Day!  On my way to court this morning they were talking on the radio about how the Maricopa County Sheriff’s Office will be out in full force today enforcing DUI laws.  Must be some connection between St. Patrick’s day and drinking?  Well, on top of the numerous reasons that you shouldn’t drive while impaired, you can add to the list that if you harm someone while driving drunk, any debt associated with that will be yours to keep forever – it is non-dischargeable in bankruptcy. Under 11 U.S.C. 523(a)(9), debts incurred from the death or personal injury of…

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When times are good your credit union can be your best friend.  When times are bad, your credit union may be your most aggressive enemy.  Credit unions are different than banks in many ways, and when it comes to bankruptcy filings the loans they give and the credit cards they issue can present unique problems.  Specifically, the cross collateralization agreements that most credit unions include in their loan documents can create real problems for you in your bankruptcy case. So what is a cross collateralization agreement?  First, it is rarely an agreement.  It is usually a term in the fine…

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As tax season is rolling around I get a lot of questions from those who need to file bankruptcy but are expecting to get a tax refund soon. The simplest advice I can give is if you are looking to file a chapter 7 bankruptcy then you should file your taxes, get your refund, spend it, and then file for bankruptcy. If you file your bankruptcy case before you get your refund, the bankruptcy trustee assigned to your case will be able to take a good portion of it and pay it to your creditors. If you follow this advice…

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  Despite Michael Scott’s efforts to “declare” bankruptcy, there will be more required of you if you want to navigate the bankruptcy process successfully.  In this post I would like to go over the basics of what to expect and generally how long your bankruptcy case will take. Chapter 7 Bankruptcy Chapter 7 bankruptcy is the most common type of bankruptcy and for most the preferred form of bankruptcy.  The main reason is because it is a relatively short process.  From the day your bankruptcy case is filed until the bankruptcy court grants you a discharge of your debts takes…

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Too often people come to me to file their bankruptcy after they have liquidated their retirement accounts to try and get on top of credit card debt.  The end result is a bankruptcy and nothing to fall back on during retirement.  In deciding when/if to file bankruptcy it is important to know that most retirement accounts are exempt – meaning that they will not be taken from you – during bankruptcy. 401(k) & IRA The most common retirement accounts I see are 401(k) accounts and IRAs.  Under both Arizona state law (A.R.S. § 33-1126(B)) and federal law (11 U.S.C. §…

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The use of credit cards has become a normal part of life for most people.  For many of my clients, credit cards have been used for groceries, medical bills, and other necessities of life.  The result is a huge amount of debt that many are in no position to ever pay off.  I see clients on a fairly regular basis with more than $100,000 in credit card debt.  This type of debt almost always leads to a bankruptcy filing.  Once the decision to file for bankruptcy is made it is necessary to evaluate and alter credit card use before the…

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Americans need their cars!  I spent some time living in London and never needed a car.  In huge metropolitan cities such as London the public transportation is so good and things are so close together that a car is not necessary.  However, if you live in a place like Phoenix, a car is necessary.  I drive about 50 miles round trip every day to work and back and that is considered pretty normal for this area.  If you don’t have a car, you can’t get to work, if you can’t get to work, you don’t eat. Because of how vital…

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