Hey folks. Thank you for visiting our website. I haven't posted on my website in a little while, and I'd like to apologize and explain why. We have been so busy over the past few months filing Chapter 7 and Chapter 13 bankruptcy petitions, we just haven't had the time. Why are we so busy? Because we do a good job for every client and our bankruptcy fees are affordable and usually much lower than our competition. Yes, we do advertise on the internet (that's probably how you found us!), but the large majority of our business comes from referrals from satisfied client's who have used our bankruptcy services and passed on our name to friends and family. Nothing makes us happier than that. Just the thought of having to call an attorney to discuss bankruptcy can be overwhelming. We pride ourselves in taking the time necessary with each new client call to listen carefully to your needs and explain what we can do to help you as clearly as possible. Unlike many other firms, we will tell … [Read more...]
Married and Filing for Bankruptcy
If you are married and filing for bankruptcy, it is important to think about how it will affect your spouse. When a person is married, then both that person and their spouse are basically co-signers on any credit cards and bank accounts held jointly. So, if your spouse files for bankruptcy, then you are both affected by the consequences. For example, if one spouse files for bankruptcy, and his or her debts are discharged, it is possible for creditors to look to the non-bankrupt spouse to collect the debts. A Maryland bankruptcy attorney can help you to protect your spouse as much as possible. However, if your spouse is not liable in any way for the debt, then the credit agency cannot collect from them. It can be difficult to determine if your spouse is liable for your debt. It may be better for a spouse to file for bankruptcy in Maryland than in some other states. This is because Maryland is not a community property state, it is an equitable distribution state. When you are married and … [Read more...]
Tax Refund and Chapter 7 Bankruptcy
As 2011 draws to an end, many people will be thinking about filing Chapter 7 bankruptcy in Maryland in 2012. One very common question, almost always asked at the beginning of the year, is: IF I FILE CHAPTER 7 BANKRUPTCY IN MARYLAND, WILL I STLIL BE ABLE TO KEEP MY TAX REFUND? The answer is.............yes, in just about every case, you will be able to keep your tax refund. When you file Chapter 7 bankruptcy in Maryland, you are permitted to keep roughly $12,000 worth of "liquid" assets. That does not include your house. That includes, for most people personal belongings such as household goods and furnishings, automobiles that are fully paid off, money in savings and checking accounts, and certain other assets. One asset that people often forget is there tax refund. A tax refund, or an expected tax refund, is nothing more than money in a savings account held by the government that will be given to you after you file your taxes and show that you have overpaid your taxes, … [Read more...]
Establishing Credit After Bankruptcy During the Recession
A number of the people I counsel want to know how soon they can restore their credit after bankruptcy. The prerecession standard advice was two years for a credit card with decent interest and four years for a mortgage with indecent interest. But that was then. Now, because so many people have bad credit because of foreclosures, late payments, and bankruptcies, it's hard to say what decisions the credit issuers will be making in the next several years. Will they be more forgiving because of the need to pull in people who might not have qualified a few years ago, or will they get tighter and not give credit at all until more time has elapsed after the bankruptcy? Only Fair Isaac (FICO) knows for sure, sort of. For sure, if you want to reestablish credit, the old ways are probably still the best ways. Get a major credit card, periodically make purchases, scrupulously make your payments on time, get a second card, same thing, work to build your credit line, never max-out your cards, … [Read more...]
Does My Spouse Have To File Bankruptcy With Me?
No, your spouse does not have to file bankruptcy with you. There is no law stating that both people in a marriage must file bankruptcy. A married person can file a single bankruptcy. If a married person does decide to file without their spouse, some information from the non-filing spouse would be needed. The non-filing spouse’s income would have to be listed in order to do the means test and any joint property owned would also need to be listed. If any of the debt is in both your names, then you would want to consider having your spouse file. Once the debtor files bankruptcy, the co-debtor becomes solely liable for the debt. For example, if you and your spouse have both your names on a credit card, your spouse will become responsible for the debt once you file bankruptcy. Depending on the amount of debt and your individual situation, you may consider both filing bankruptcy. It is not mandatory for a married couple to file bankruptcy jointly. Each couples individual circumstances … [Read more...]
Ten Things To Do BEFORE FILING BANKRUPTCY
Bankruptcy is very often a time-sensitive process and pre-bankruptcy planning can be critical in protecting assets. Chapter 7, in particular, the trustee’s responsibility is to “look back” at the actions the debtor has taken to insure that there hasn’t been a fraudulent conveyance of assets, a non-allowed preference payment to creditors or other actions that might leave assets exposed. It’s critical, if you are considering bankruptcy, to consider taking the following steps to insure a successful filing: 1. Consult with an attorney. The bankruptcy laws have become so complex that consumers should not attempt to file by themselves. It’s a very risky process to try to do on your own. Since 2005, there is a complicated “Means Test” required, government-approved credit counseling, as well as other changes which made the filing of Bankruptcy much more complicated. Even if you eventually file pro-se (representing yourself) consult an attorney and ask questions about whether … [Read more...]
Filing Bankruptcy to Prevent Foreclosure
If you’re facing foreclosure, and you can’t seem to strike a deal with your lender, filing bankruptcy may be able to help. If you fall behind on your mortgage payments, your lender may take steps to foreclose on the property – meaning it may take back your home and sell the property at a public auction. The foreclosure process doesn’t happen overnight. In Colorado, a foreclosure typically starts after you fall behind on your payments for at least two months, and often three or four. This window of opportunity (commonly the reason behind a “strategic default”) will provide some time for you try alternate methods, such as loan forbearance, a short sale, or a deed in lieu of foreclosure. If you’ve already tried these options, filing bankruptcy may provide another option to avoid or stall foreclosure. Here are some examples of how filing for bankruptcy can help you – The Automatic Stay Delays Foreclosure When you file either a Chapter 13 or Chapter 7 bankruptcy, the … [Read more...]
How Long Does a Chapter 7 Maryland Bankruptcy Case Take?
Typically, chapter 7 bankruptcy cases last between three and four months from the date the case is filed. The preparation for a chapter 7 bankruptcy case can be anywhere between one day and many months depending on a number of factors, including attorneys fees, document readiness etc. This post will deal with the chapter 7 bankruptcy timeline after filing a case. For questions about what it takes to prepare a chapter 7 bankruptcy case, consult a bankruptcy attorney. Rough Chapter 7 Bankruptcy Case Timeline: Day 1: Case Filed Chapter 7 bankruptcy cases are filed electronically by a bankruptcy attorney, however, before this occurs, you will need to visit with your attorney to sign your petition and schedules after a thorough review. Soon after filing, your case will be assigned to a trustee and you will learn the date of your meeting of creditors (also called the “341 meeting”). Day 30-40: Meeting of Creditors Approximately thirty to forty days after the case has been filed, … [Read more...]
Credit Card Bankruptcy
Credit Card Bankruptcy It’s no secret that the United States economy has been driven by consumer credit card spending. Credit card companies have spent billions of dollars each year aimed at convincing us to buy on credit. More than a billion credit card offers are mailed out each year in the United States each year. Solicitations often begin at the age of 18, when credit card company representatives swarmed colleges campuses and convinced financial inexperienced college students to overextend themselves and get into credit card debt. Credit card companies then continue to extend credit so that when students graduate and begin earning money all of their excess disposable income goes toward credit card minimum payments. In late 2009, many of the credit card companies increased many credit card interest rates to 29% or more, causing minimum payments to double or even triple. For people who had low balances, this was not a big issue. They had the option of not using their cards so … [Read more...]
If I file for bankruptcy, will I lose my property?
Simple answer. No. If you file for Chapter 7 bankruptcy in Maryland, you will not lose all of your proprety, in fact, you will not lose any of your property. This is possibly one of the biggest misconceptions about bankruptcy in Maryland. When you file, you can protect a certain amount of property and still eliminate all of your debt. In Maryland, you can keep $21,650.00 of equity in your home (which is alot, because most houses are under water right now), and an addtional $12,000 of various other property. Property is valued at yard sale value, so most people do not have more than $12,000 worth of property that they could sell at a yard sale. If you are married, the amount doubles. Most pension and 401(k) plans are completely exempt, which means you can keep them all. If you have any questions about Chapter 7 or Chapter 13 bankruptcy in any part of Maryland (Baltimore, Glen Burnie, Columbia, Towson, Silver Spring, Rockville, Catonsville, Dundalk, Essex, Annapolis, … [Read more...]
