Category Archives: Bankruptcy
Tips for Negotiating with Creditors
I’ve helped hundreds of clients negotiate. I’ve negotiated residential and commercial real estate contracts, residential and commercial leases, Mediations, credit card debt, medical debt, student loan debt, secured debt, unsecured debt, deficiency obligations, pretty much every type of debt. I’ve negotiated court settlements and other agreements that involved something other than money. Over the… Read More »
Does Bankruptcy Pause the Statute of Limitations?
We received a great listener question from the Crushing Debt Podcast: “My husband and I have joint credit card debt. I filed for Chapter 7 bankruptcy eight years ago and got a discharge. My husband did not file with me, just me alone. My husband recently received a collection notice from from one of… Read More »
What Debts are Non-Dischargeable in Bankruptcy?
The biggest benefit of filing bankruptcy is that your debts are discharged, meaning your creditors can never try to collect those debts; in essence the debts are eliminated. However, there are some debts that are unaffected by the bankruptcy discharge. The most popular category of non-dischargeable debts are income taxes owed to the IRS… Read More »
Bluffing your Creditors? Debt Settlement Ain’t Poker
In poker, people sometimes bluff when they have a bad hand, hoping the other players can’t read the truth and will surrender the chips they’ve already played although they have the better hand. In settling debt, bluffing rarely works because most of the time the borrower lacks leverage, and bluffing can seriously backfire on… Read More »
You may be able to Sue your Creditor for being too Aggressive in Collecting its Debt
As of March 2018, the United States Federal Reserve shows that there is over $3.8 trillion of consumer credit outstanding! Although failing to pay your Visa® bill (regardless of how much) will have virtually no impact on whether Visa® survives as a company, I think we can all agree that there is a TON of debt… Read More »
Help! The IRS has a Lien on my House!
When I meet with a client who has owes money to the IRS, we determine whether the IRS has filed a lien against real property or if the IRS is trying to collect a debt owed by the client, or both. Despite contrary language in the Florida Constitution, federal tax liens can be enforced against… Read More »
After Divorce And Bankruptcy, Am I Responsible To Pay Attorney Fees In Foreclosure?
I received another question from a listener of The Crushing Debt Podcast: I was divorced 8 years ago and my ex-wife got the house in the divorce. I had to declare Chapter 7 bankruptcy 4 years ago. Recently, I was served foreclosure documents because my ex-wife isn’t paying on the house anymore. Will I… Read More »
Can I Keep My Tax Refund in a Chapter 13 Case?
This week’s blog is a common question we get from Chapter 13, Reorganization clients. In a Chapter 13 case, the Bankruptcy Court requires that the debtor file a copy of his tax return each year that the bankruptcy is pending with both the IRS and the bankruptcy trustee, because the bankruptcy plan payments are… Read More »
What happens after I file bankruptcy?
Filing a bankruptcy is just the start of eliminating your debt. Very often we see pro se debtors (who represent themselves), debtors who hired a bankruptcy petition preparer (who simply files the case on your behalf), and even our own clients, hurt their case by failing to follow up on their obligations subsequent to… Read More »
Small Claims Court
In Florida, Small Claims Court is a division of the local county court reserved for disputes where the amount allegedly owed is $5,000 or less. Small Claims Court is less formal than County Court or Circuit Court. The pleadings, discovery, and other matters that typically drag out a County or Circuit Court case are… Read More »
