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The primary goal of filing a personal bankruptcy is to eliminate debt or obtain a “discharge of debt.” What is a discharge order? A discharge order cancels your liability to repay the debt. As a result, many people save thousands of dollars by filing a Chapter 7 or Chapter 13 case, which is often referred...
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If you are past due on your taxes, you are likely wondering if you can discharge the debt in your bankruptcy. It is important to have a seasoned bankruptcy attorney review your taxes and help you understand what is dischargeable because some taxes can be eliminated while others cannot. What happens if I do not...
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Married couples have a very important decision to make when filing for bankruptcy protection — should both spouses file or just one of them? There are many factors that must be considered in making this decision. Should Married Couples File Bankruptcy Separate or Together? Debt One of the most cruical factors to consider is whether...
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If you have filed a personal bankruptcy in the past and you are considering filing another case, it is critical that you obtain the advice and guidance of a seasoned bankruptcy attorney. Consequences for Serial Bankruptcy Filers Serial filers can face severe consequences; including the impact prior bankruptcies have on the automatic stay. If you...
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Studies have shown that arguments over money play a major role in why couples divorce. Financial stress can be overwhelming The stress of not being able to make ends meet can be overwhelming. Even happily married couples begin to feel the strain when a job is lost, medical bills accumulate or other financial troubles occur....
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Unfortunately, divorce and bankruptcy seem to go hand-in-hand. Finances are a leading contributor to divorce Financial stress is a leading contributor to many divorces. If you are facing this situation, you are likely wondering if you should file bankruptcy before you file for divorce or vice-versa. The answer depends on your unique situation. If you...
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Our nation is facing an overwhelming amount of student loan debt – estimated to be approximately $1 trillion – and it is having a serious impact on the economy. While several markets are being affected, the housing market is feeling it the most. Recent college graduates, formerly one of the largest sources of new home...
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Recent scheduled meetings of the Bankruptcy Rules Committee were cancelled, apparently due to lack of interest. There had been two meetings scheduled in January 2014, one in Chicago and one in Washington, D.C. According to federal law, meetings may be cancelled if there is a lack of public interest, the Standing Committee sees a need...
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The Middle District of Florida recently ruled that the automatic stay is a blanket protection that applies to multiple creditor claims, even if there is not a perfect symmetry of parties. The creditor is also known as the lender and the debtor as the borrower. Facts In Peterson et al v. Avantair et al, Avaintair...
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Distressed homeowners in the Northern District of Florida now have an additional option to try and keep their home. The court’s Mortgage Modification Mediation service allows homeowners, and lenders, access to experienced Chapter 13 mediators at a reduced cost. Although the parties are not required to reach an agreement, courts are generally much more inclined...
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