The Bankruptcy Code requires that all individuals filing bankruptcy receive credit counseling before their case is filed. Credit counseling must be provided by an agency approved by the Department of Justice’s U.S. Trustee Program. These agencies will charge a fee of around $50. Upon completion of the course, debtors receive a certificate of completion. This […]
BANKRUPTCY: EXEMPTION FROM THE CREDIT COUNSELING REQUIREMENT
Debtors wishing to file bankruptcy are required to successfully complete a credit counseling course during the 180 days prior to filing bankruptcy. However, debtors that can show that they are incapacitated due to mental or physical disability may be exempt from this requirement. Under Sec. 109(h)(4) of the Bankruptcy Code, a debtor may be excused […]
Bankruptcy Saved My Marriage!
During my time as a bankruptcy attorney, on about a dozen occasions clients have told me that filing bankruptcy saved their marriage. I understand exactly how they feel. Most of us are stressed about money, whether the source is credit card debt, student loans, medical bills or a loan on a car we can’t quite […]
BEFORE GETTING MARRIED YOU MAY WANT TO CONSULT A BANKRUPTCY ATTORNEY
Marriage can offer many financial benefits, including tax advantages, two incomes, and someone to share expenses. Unfortunately, getting married can cost you a great deal if you need to file bankruptcy. Getting married can make a person ineligible for Chapter 7 bankruptcy and increase their payments in Chapter 13 bankruptcy. I’m going to use an […]
CAN I PAY TITHING TO MY CHURCH WHILE IN BANKRUPTCY?
Sections 707(b)(2) and 1325(b) of The Bankruptcy Code provide that debtors in bankruptcy may list tithing and other charitable contributions as a deduction when determining eligibility to file Chapter 7 bankruptcy and when calculating a Chapter 13 plan payment. Not all charitable contributions can be treated as a valid deduction. Charitable contributions must be paid […]