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Do I qualify for a Chapter 7 Bankruptcy?

It’s an easy question to ask but it can be a very difficult question to answer, even for an experienced bankruptcy attorney. So how do you qualify for a chapter 7 bankruptcy? The easiest answer is that you will qualify if, after all of your required household expenses (housing, food, insurance, car payments, etc.), there...
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Do’s and Don’ts When You are in an Auto Accident

Did you know that the average person is in 3 to 4 automobile accidents over their lifetime?  That’s right!  So if you are 35 years old and have not been in an accident, it may be coming!  In an accident, you are either at fault or the other driver is at fault or a combination...
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Should I Reaffirm My House or Car?

When an individual files for Chapter 7 bankruptcy and they want to keep certain debts, such as a house or car, they can typically do so by choosing to reaffirm the debt with the creditor. A properly filed reaffirmation agreement is the usually the only way a debt will survive the bankruptcy and thus will...
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Filing a Chapter 13 as a Sole Proprietor?

You may be in the Chapter 13 a little longer than you think! Law school 101….. If you are starting a small business, do you run it as an sole proprietor or do you create an LLC or S.Corp? Of course, you should create a corporate entity and run your business under the corporate umbrella....
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Can the Bankruptcy Court Consider My House a Luxury Item?

Ok, some of you may not have any idea the direction I am going here. Let’s start here: An individual files for Chapter 7, makes $75,000 a year, Household of 1, and passes the means test only because he is keeping a 2010 Mercedes S550. The balance of the car is $80,000 and he makes...
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When Can You Get a New Job After You Have Filed for Bankruptcy?

Many individuals that file for bankruptcy are unemployed, and by being unemployed, they qualify for a Chapter 7 bankruptcy. However, what happens if an unemployed person who files for Chapter 7 finds a job while he is still in the bankruptcy? What if he finds a great job that pays a substantial amount of money?...
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Going Through a Separation or Divorce While in a Joint Chapter 13?

Many of my chapter 13 clients are married couples that filed a joint Chapter 13 case. They usually filed for the obvious reasons, either being behind on their home or car payments or just being overwhelmed with credit card debt and/or medical bills. A Chapter 13 allows them to consolidate most of their debt into...
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