Paying a Special Debt Before Bankruptcy Could Be a Preference

Wasson and ThornhillPre-Bankruptcy Planning

You may feel like paying a special debt, and during this time of the year you may even get some extra money to do it. Maybe you shouldn’t.   Last week we explained how giving a significant gift before bankruptcy could cause problems during bankruptcy. This also applies to selling something for much less than it is worth. Such a gift or sale might … Read More

Unexpected Benefit: Prevent the Forced Repayment by a Favored Creditor

Wasson and ThornhillBankruptcy Law

Prevent the forced repayment of a pre-bankruptcy payment to a relative or friend. If other solutions don’t work, Chapter 13 usually will.   Our last two blog posts have been about one of the more confusing parts of bankruptcy: the law of preferences. This law says that if a creditor takes or receives money from you within the 90 days … Read More

Unexpected Benefit: Force a Creditor to Return Your Money

Wasson and ThornhillBankruptcy Law

Filing bankruptcy stops garnishments and collections, but it also may be able to make a creditor return your money recently taken from you.     Bankruptcy’s “automatic stay” is one of the most immediate and powerful benefits of filing bankruptcy. It immediately stops almost all creditor collection actions against you, your income, and your assets. See Section 362 of the U.S. Bankruptcy Code. … Read More