What happens when I have a foreign debt I can no longer pay?

Occasionally, I will see a question come up on the internet regarding foreign debts and whether those types of debt are dischargeable in a bankruptcy that is filed in the United States. The simple answer is yes the debt is dischargeable in a United States bankruptcy case. The basic issue regarding discharged debts, even foreign ones, is enforcement. All debts that have been discharged in a bankruptcy case filed in the United States are protected from future collection by a creditor through … [Read more...]

How is an overpayment of Unemployment Compensation handled in bankruptcy – is it dischargeable?

Over the past few years, a lot of people have been losing their jobs and in order to make ends meet, they have filed for unemployment compensation benefits. In an effort to get back to a financial normalcy, they collect their benefits each week and look for that illusive job. They make things work as best they can, but then nothing happens and the bills continue to pile up. On top of those bills piling up, a letter comes from the Department of Labor explaining that the state made a mistake … [Read more...]

What happens to my credit report?

Did you know that filing a bankruptcy case does affect one’s credit report in a negative way?  Many debtors are under the belief that by filing bankruptcy, they will never ever be able to buy a house, car or anything else because they filed bankruptcy.  While filing bankruptcy is not going to produce a positive spin on a debtor’s credit history, nothing can be further from the truth.  Clients have shared with me the fact that they have taken a 200 point hit while others only 100 points.  … [Read more...]

INCOMES, DEBTS AND BANKRUPTCY

Sometimes I will get a phone call asking how much debt someone must have in order to file a bankruptcy.  Another question that comes up is regarding income levels, as in ‘can I file if I have too much or too little income?’ First, income levels as well as debt levels do not determine whether you can file, but will determine which type of bankruptcy you can file.  Yes, it is possible that you may earn too much income to file a Chapter 7 bankruptcy, but a Chapter 13 can be filed for those wage … [Read more...]

Blog

Here you will find the results of some of my legal research on various issues clients have come to me with regarding their bankruptcy. Some of this is rather technical, more lawyer talk than conversational, but it is all part of what a good bankruptcy attorney knows. … [Read more...]