Writing Off or Discharging Debts in Chapter 7 and Chapter 13
Bankruptcy is about writing off or discharging debts. The timing of discharge is quite different in Chapter 7 and 13; both are permanent.
Jeffrey K. Greenwell
Discharging a Student Loan in Bankruptcy
Writing off a student loan in bankruptcy requires showing "undue hardship." What is that?
Your Debts in Bankruptcy
Bankruptcy is about debts. Different categories of debts are treated differently. The categories are secured, priority and general unsecured.
Dealing with your 2018 income taxes through a Chapter 13 Case Filed in 2019
Do you expect to owe income taxes for the 2018 tax year? Starting January 1, 2019 you can wrap that tax into a new Chapter 13 payment plan.
Filing Chapter 13 in 2019 to Write Off More Income Taxes
Chapter 13 is a riskier, longer, and maybe more expensive way to escape a dischargeable income tax deb--but may still be your best option.
Filing Bankruptcy in 2019 to Write Off More Income Taxes
With smart timing you can discharge--legally and permanently write off--more income tax debts, even with a standard Chapter 7 case.
Disadvantages of a Badly-Timed 5-Year Chapter 13 Case
Following up on last week's scenario, here are the financial, credit record, and other disadvantages of a forced 5-year Chapter 13 plan.
Filing Chapter 13 in January May Greatly Shorten Your Case
Do you need a Chapter 13 case? WHEN you file it can mean the difference between a payment plan that takes 3 years and one that takes 5.
Scenario: Filing Chapter 13 Now Shortens a Case by Two Years
Here's a scenario showing how the timing of your Chapter 13 filing can shorten your payment plan from 5 years to only 3.
An Example of a “Preference”
A "preference" makes more sense when you see an example. Here's one. This also helps explain how to avoid creating one.
If you pay on or pay off certain debts it may create a preferential payment
Do you feel like you should pay on or pay off a certain debt now, even though you're behind on all your debts? It may be dangerous to do so.
Fraudulent Transfers Around the Holidays
Giving a gift, including selling for much less than an asset is worth, may be a fraudulent transfer--treated as hiding assets from creditors.
An Example Why Passing the Means Test May Be Easier in 2018
Filing bankruptcy before the end of December may help you qualify for Chapter 7 bankruptcy. Here's an example showing how this could work.
Pass the Means Test by Filing Bankruptcy in 2018
The timing of your bankruptcy filing can determine whether you qualify for quick Chapter 7 vs. paying into a Chapter 13 plan for 3-5 years.
The Surprising Benefits: Keeping Your Vehicle Lease under Chapter 13
You can keep your leased vehicle under Chapter 7 if you're current. If not, or have other reasons to do a Chapter 13 case, that works too.
