I hope this is a useful guide for anyone considering filing. This is general advice, and for SPECIFIC legal advice, talk to a lawyer. That being said, if this helps prevent a future catastrophe for you and your family, that makes me happy!
RENTERS: It's typically much easier in my jurisdictions (MI and CO) to get a place before you file than after, and very tough during the process. Secure your housing before you file, and make sure you have a plan B. Foreclosure coming up?
If you have the right to sue someone for any reason, class action, personal injury etc, let your lawyer know right away so it can be listed in your schedules. Leaving it out could be bad - look at 'Judicial Estoppel'. NEVER hide assets or income. This includes side cash jobs. Make sure your tax documents match your bankruptcy documents. Don't mistake bad credit with the expense of paying your debts back. Far too often people outweigh the negative credit hit against the tens of thousands of dollars they will pay back to creditors by NOT filing. Use this calculator to determine the costs of not filing. This is a financial and business decision. Treat your creditors how they treat you! https://www.bankrate.com/credit-cards/tools/credit-card-payoff-calculator/ With rare exception, vehicle-based Chapter 13s are a nightmare for everyone involved. With the higher interest rates, cost of insurance, 'adequate protection', if the vehicle was purchased sooner than 910 days ago, it's almost always extremely expensive. If you're in a Chapter 13 and you have a wage deduction, make sure it is working every time you get paid. Expect that there may be a mistake on the part of your employer in terms of frequency or amount. Contact your lawyer if something is amiss! Public student loans can now be credited in IDR plans through Chapter 13: https://library.nclc.org/article/new-rule-gives-chapter-13-bankruptcy-debtors-credit-toward-student-loan-forgiveness Additionally: Credit Unions are not your friend, or your family, even if they call you 'member'. They're in it to make money. Cash Advance/Payday Loans are satanic. Avoid them. In general, don't make any big money moves, buying, selling, moving stuff around. There may be exceptions to these statements, and for LEGAL ADVICE talk to a lawyer in your jurisdiction.
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AuthorJesse Sweeney is the President of Sweeney Law Offices, and an American Board Certified bankruptcy attorney licensed in Michigan and Colorado. He has been practicing for over 20 years, and has spoken on a variety of bankruptcy related topics. Archives
July 2024
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