Smart Timing with the Presumptions of Fraud
You can avoid the presumptions of fraud, and so discharge more of your credit card debts, by timing your bankruptcy filing right.
Keep an Open Mind about Chapter 7 or 13
Here's an example why to keep an open mind about filing under Chapter 7 vs. Chapter 13. Slightly different facts can make all the difference.
Timing: Writing Off Recent Credit Card Debt
Using a credit card shortly before filing bankruptcy doesn't seem right. The law agrees. Writing off this kind of debt can be a problem.
The Dangerous Judgment Lien
A judgment lien effectively converts a debt that was secured by nothing into one secured by your home.
Creditor’s Failure to File a Proof of Claim in Chapter 13
If a creditor doesn't file a timely proof of claim on a debt in your Chapter 13 case, you pay nothing on that debt.
New Thresholds for a “Luxury” Purchase or Cash Advance to Be Presumed Fraudulent
Creditors will be a little less likely to challenge the writing off of recent uses of credit.
Bankruptcy Timing and the Holidays: The “Cash Advances” Presumption of Fraud
If you can, don't do cash advances during the holidays if you're contemplating filing bankruptcy. If you do, understand the rules about them.
Making Sense of Bankruptcy: How Filing a Chapter 7 or 13 Case Stops Creditors’ Actions against You
Federal bankruptcy laws override state collection laws, protecting you and your assets from debt collection.
Crucial Question: Can I Protect a Co-Signer Even in a Chapter 7 âStraight Bankruptcyâ?
Sometimes you donât need the extra help of the Chapter 13 âco-debtorâ stay to protect your co-signer from your debt problems.
Crucial Question: What Unexpected Creditors Should I Include in My Bankruptcy Case?
Sometimes you don't know who exactly you owe on a debt. Or whether you owe a debt at all. List all possible creditors to make sure.
Crucial Question: How Quickly Will the Creditors Stop Calling, Suing, Garnishing?
Two steps: 1) Hiring an attorney stops collection calls and some other creditor actions. 2) Filing bankruptcy stops everything else.
Student Loan Debt Is Growing Astoundingly Fast
Credit card debt is almost the same as it was 10 years ago, vehicle debt is only modestly higher, but student loan debt is 4 TIMES as much.
Risks Now Reduced for Being Accused of Fraud for Cash Advances and Purchases of “Luxuries”
Because of financial tweaks to the Bankruptcy Code, as of April 1 you are a little less likely to have to repay some of your recent use of credit cards.
Defeating Creditors’ Accusations That You Misused Their Credit to Pay for the Holidays
The risk that creditors will not allow you to discharge some of their debts can be minimized through smart timing of your bankruptcy.
The After-Christmas Bankruptcy
It's human nature to hold off filing bankruptcy until after the holidays. Here's what you need to know once you think again about filing.