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

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

The Bad Preference Surprise

Wasson and ThornhillBankruptcy Law

Avoid the frustrating surprise of having one your friendly creditors be challenged by your bankruptcy trustee with a preference action.