Posts

Why are bankruptcy filings down in 2020? 

With record shattering unemployment due to the pandemic, a lot of people are surprised that 2020 bankruptcy filings to-date are down 30% from 2019; that figure includes commercial filings, and for individual bankruptcies, the numbers have decreased…

Debt resolution comparison chart

I don’t simply assume that anybody with debt issues needs or wants to file bankruptcy. In fact, some people shouldn’t file bankruptcy, or they want to try alternatives before filing. For those considering the advantages and disadvantages…

6 Things To Do If You are Considering Bankruptcy

Most people, by the time they start thinking about bankruptcy, have exhausted other options. Many times people find themselves in a situation where they may or may not be able to dig themselves out of a financial hole, depending on future contingencies,…

BAP Takes Property Tax Exemption Case Under Advisement

The 8th Circuit Bankruptcy Appellate Panel (BAP) heard oral arguments in the case of In re Sheri Hanson last week. I represent debtor Sheri Hanson, who is trying to claim an exemption to protect a $1,500 property tax refund, which the State…
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Median Income Figures for Bankruptcy Means Test Increased

The United States Trustee just announced that effective November 1, the median income figures will increase. The median income is the figure that half of the people with that household size are above it, and half are below. Debtors who are below…

Can I file bankruptcy without my husband/wife, or do both spouses need to file bankruptcy?

A married person can file bankruptcy either jointly with their spouse, or individually without their spouse. Each spouse has their own credit history, and one spouse's bankruptcy will not affect the other's credit report, although there may…
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Can my Spouse’s Judgment Creditor Levy on Funds in Our Joint Account?

Yes, but you if you can prove that the most recent source of funds is your earnings, they will have to give it back. This can be fairly complicated, and they can keep levying on your bank account. The safer course of action would be for you…
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How to Maximize Your Time in a House That is Going into Foreclosure by Filing Chapter 7 Bankruptcy

Part 4 in a series on how we help people in underwater homes When I talk to someone who is going into foreclosure, I ask them if they want to save their house, and 9 out of 10 people say “yes.” So usually the best way to do that is by way…

Divorce or bankruptcy. What should I do first?

A common question indeed, although there is not a one-size-fits-all answer. I have lectured on this topic several times amongst my colleagues. As a general rule, if there are joint debts, a spirit of cooperation and a joint goal in getting those…