Dealing with a Debt Sold to a Collection Agency

Wasson and ThornhillDischarge of Debts

You should list all your debts when you file bankruptcy, but what if one was sold to a collection agency without you knowing about it?   Our blog post two weeks ago was about needing to list all your debts in a bankruptcy case in order to write them off. This is part of a series of blog posts about … Read More

Bankruptcy Discharges Debts from Non-Intoxicated Vehicle Accident

Wasson and ThornhillVehicles & Bankruptcy

Bankruptcy discharges claims against you from a vehicle accident, even if you don’t know how much you owe. But not if you were intoxicated.   Vehicle Accident Claims If you had a vehicle accident, you could owe many kinds of debts from it.  You could be liable for the current and future medical bills, loss of wages, pain and suffering, … Read More

Student Loans that Cause Undue Hardship Can Be Discharged

Wasson and ThornhillStudent Loans

Bankruptcy does discharge a student loan, but only if it meets a tough legal standard called undue hardship. Here’s what you need to prove.   Criminal fines and restitution and child and spousal support are types of debts that bankruptcy essentially never discharges. Income taxes can be discharged but only after meeting certain conditions. We’ve covered these in our last … Read More

Bankruptcy Discharges Income Tax Debts (Some of Them)

Wasson and ThornhillIncome Taxes

Bankruptcy discharges income tax debts. They just need to meet some conditions, mostly based on when they were due and whether and when filed.   Bankruptcy DOES Write Off Income Taxes There are certain very special debts that bankruptcy never discharges (writes off). Child and spousal support is a good example. See Sections 523(a)(5) and 101(14A) of the U.S. Bankruptcy Code. Income taxes are … Read More

Bankruptcy Wipes Out Debts

Wasson and ThornhillDischarge of Debts

You know bankruptcy wipes out debts. But WHEN it does so is very different with Chapter 7 vs. Chapter 13. Either way, at the end they are gone.   The main goal of most consumer bankruptcy cases is to get a fresh financial start through writing off debts.  The legal bankruptcy term for write-off is “discharge.” In virtually all successful … Read More

Resolve Your 2018 and Earlier Income Tax Debts through Chapter 13

Wasson and ThornhillIncome Taxes

Do your 2018 taxes just add to your earlier income tax debts, making it all the more unmanageable? Chapter 13 may be your best solution.   Last week we got into a big advantage of filing a Chapter 13 “adjustment of debts” case in early 2019. Doing so enables you to include 2018 income taxes into your Chapter 13 payment … Read More

Get Rid of More Income Tax Debts through Bankruptcy in 2019

Wasson and ThornhillIncome Taxes

Discharge more income tax debts through smart timing. You may be able to do so by filing your bankruptcy after certain dates of 2019.   The right timing of the filing of a bankruptcy case can make a tremendous difference. Our last 8 blog posts have all been about smart timing. If you need to use the bankruptcy laws to … Read More

Which Month You File Chapter 13 Can Cut Years Off Your Case

Wasson and ThornhillPre-Bankruptcy Planning

If you definitely need a Chapter 13 case, which month you file it can make the difference between your payment plan lasting 3 years or 5.   In two blog posts last month (November 12 and 19) we showed how filing bankruptcy by the end of December 31 might allow you to file a Chapter 7 “straight bankruptcy” case instead … Read More

A Preference Example

Wasson and ThornhillPre-Bankruptcy Planning

Here’s an example of a preference—paying a favored debt before filing bankruptcy.  If you know what it is, it’s usually not hard to avoid.   Last week we explained why paying a creditor before filing bankruptcy could cause problems during bankruptcy. That’s especially true if the creditor you pay is one that you have personal reasons to favor. We explained the circumstances in which such a … Read More

When Gift-Giving Is a Fraudulent Transfer, and When It Isn’t

Wasson and ThornhillBankruptcy Law

Gift-giving, including selling something for much less than it’s worth, can be a problem in a latter bankruptcy. But usually it’s not.   Most people filing bankruptcy have neither a need nor the desire to hide anything from their creditors. There’s no need because most people’s assets are already protected through state and federal laws. There’s no desire because most … Read More

Unexpected Benefit: Keep Vehicle Lease in Chapter 13

Wasson and ThornhillVehicles & Bankruptcy

Chapter 13’s main advantage over Chapter 7 with a vehicle lease is that you get much more time to catch up if you’re behind on your payments.   Vehicle Lease Assumption under Chapter 7 Our last blog post showed how to keep a leased vehicle by “assuming” the lease in a Chapter 7 case. This means you keep making the … Read More

Unexpected Benefit: Keep Vehicle Lease in Chapter 7

Wasson and ThornhillVehicles & Bankruptcy

If you want to keep your vehicle lease and are current you likely can under Chapter 7. You “assume” your lease contract and all of its terms.     Our last three blog posts have been about rejecting a vehicle lease and giving the vehicle back to the lessor. You can do this either through Chapter 7 or 13. The result is the … Read More

Unexpected Benefit: Vehicle Loan Cramdown, Illustrated

Wasson and ThornhillVehicles & Bankruptcy

Chapter 13 can often give you the ability to reduce both your monthly payment and the total you pay on your vehicle loan. Here’s how it works.   Cramdown in Chapter 13 Last week we introduced cramdown as an extremely helpful tool for reducing the cost of your vehicle loan. Cramdown can often: Reduce your monthly payments—sometimes significantly. Reduce the … Read More

Unexpected Benefit: Dealing with Your Vehicle Loan in Bankruptcy

Wasson and ThornhillVehicle Loans

Bankruptcy gains you lots of leverage with your vehicle loan. Chapter 7 helps simply by getting rid of most or all of your other debts.   Here’s the Problem You’re paying on a car or truck. You absolutely need this vehicle for getting to work, and to keep your life going. You can’t do without it. But you’re having trouble … Read More