Photo by JESHOOTS.COM on Unsplash. You have to demonstrate undue hardship to write off a student loan. That often requires strategic filing of your Chapter 7 case. We’re in a series on the smart timing of your bankruptcy case. Last week we introduced the special condition you must meet to discharge (write off) student loans: “undue hardship.” Bankruptcy discharges other … Read More
Discharging Student Loans Causing Undue Hardship
Photo by Green Chameleon on Unsplash. Discharging—permanently writing off—student loans requires showing undue hardship. Smart bankruptcy timing can make this easier to do. Discharging Student Loans in Bankruptcy It takes certain circumstances to be able to discharge student loans. Those circumstances can involve the right timing of your bankruptcy case. Bankruptcy discharges most debts. But it “does not discharge” you … Read More
Avoid Credit Card Allegations of Fraud
Photo by rupixen.com on Unsplash. Making credit card purchases or cash advances a short time before filing bankruptcy can result in fraud allegations. Good timing can avoid this. Last week’s blog post introduced the so-called “presumptions of fraud” in bankruptcy. Today we get into dealing with this issue through smart bankruptcy timing. Bankruptcy Timing to Avoid the Presumption of Fraud … Read More
Avoid Presumptions of Fraud
Photo by Avery Evans on Unsplash. Presumptions of fraud make a credit card or cash advance debt harder to discharge—write off in bankruptcy. They’re usually easy to avoid. This blog post continues a series about the smart timing of your bankruptcy filing started back in July. (It’s been interrupted by urgent blog posts related to the pandemic—about unemployment benefits and … Read More
Eviction Moratorium Issues
Photo by Jan Antonin Kolar on Unsplash. The ongoing federal eviction moratorium is a helpful but limited tool. There are issues about how to qualify and its conditions and limitations. Our last three weekly blog posts have been about the new Agency Order temporarily stopping many residential evictions. This Order by the Centers for Disease Control and Prevention (“CDC”) went … Read More
The Eviction Moratorium and Chapter 13
Photo by Patrick Perkins on Unsplash. The CDC’s recent temporary eviction moratorium does not forgive any unpaid rent. Chapter 13 lets you catch up on that back rent over time. Our blog post two weeks ago was about a recent federal order temporarily stopping certain residential evictions throughout the country. Check out that blog post to see who is covered … Read More
Chapter 7 and the Eviction Moratorium
Photo by Kelly Sikkema on Unsplash. The CDC’s recent temporary eviction moratorium adds a new tool around which to plan your bankruptcy filing. Here are some Chapter 7 strategies. Last week’s blog post was about a new federal order temporarily stopping certain residential evictions throughout the country. Please see that blog post about which renters and rental properties are covered, … Read More
The New Eviction Moratorium
Photo by Vlad Zinculescu on Unsplash. The CDC imposed a new eviction moratorium over virtually all “residential property” in the United States. How do renters take advantage of it? On Friday, September 4, 2020, a federal order went into effect temporarily stopping certain residential evictions throughout the country. Issued by the Centers for Disease Control and Prevention (“CDC”), it’s titled … Read More
Bankruptcy’s Effect on an Income Tax Lien
Photo by Joshua Sukoff on Unsplash. An income tax lien creates challenges, so try to file bankruptcy to prevent one. Otherwise, bankruptcy can often help deal with a tax lien. This blog post continues a series about the smart timing of your bankruptcy filing. (It was interrupted by two blog posts updating federal unemployment benefits.) The last one in this … Read More
States’ Responses to $400/$300 Extended Unemployment Benefits
Photo by NOAA on Unsplash. Different states have responded differently to the proposed $400/$300 federal extended unemployment benefits. How about Kentucky and Indiana? Last week we explained the President’s Memorandum of August 8 which extended reduced federal unemployment benefits. The $600 weekly benefit had expired on July 31. The House of Representatives had previously passed a bill extending the $600 … Read More
Trump’s $400 Unemployment Benefits
Photo by Steve Halama on Unsplash. On August 8 Trump signed a Memorandum extending federal unemployment benefits, at $400 per week. Is this really happening? A Quick History of the Federal Unemployment Benefits The CARES Act’s $600 per week additional federal unemployment benefits expired on July 31, 2020. Section 2104 of the CARES Act. Back in May the U.S. House … Read More
Timing to Avoid Tax Interest and Penalties
Photo by Nick Fewings on Unsplash. How you time your bankruptcy case filing can affect whether, or how much, you pay the accrued, or future, income tax interest and penalties. This blog post is in a series about the importance of smart timing of your bankruptcy filing. Today we cover how good bankruptcy timing can prevent you having to pay … Read More
Timing Chapter 13 to Discharge Income Taxes
Photo by Bekky Bekks on Unsplash. You can discharge income taxes in a Chapter 13 “adjustment of debts” case as you can in a Chapter 7 “straight bankruptcy.” Here’s how it’s different. Our blog post of three weeks ago introduced the importance of timing your bankruptcy filing right. We gave a list of 15 examples where timing can make a … Read More
Timing to Write Off Income Taxes
Photo by Manasvita S on Unsplash How do you time your bankruptcy case to write off income taxes? Usually you just need to wait long enough (but there may be other factors). Our blog post of two weeks ago introduced the importance of timing your bankruptcy filing right. We gave a list of 15 examples of timing considerations. Last week … Read More
Including New Debts in Bankruptcy
Photo by Ian Espinosa on Unsplash Bankruptcy only includes debts that you owe at the time you file your case, not new debts you incur after filing. So timing is crucial. In last week’s blog post we introduced how to time your bankruptcy filing. We gave a list of 15 examples of timing considerations. Today we start with the first … Read More