Author Archives: Jay Butchko
Can I Really Keep Property In My Chapter 13 Bankruptcy?
You will often hear that one of the big benefits of a Chapter 13 bankruptcy is that you get to keep property that you would otherwise have to surrender in a Chapter 7 bankruptcy. But how is this possible? Why and how does a debtor get to keep property in a Chapter 13 bankruptcy?… Read More »
Can Debt Collectors Tell Other People What I Owe?
Money, finances and debt are private and personal. A good analogy would be medical information. Most people know that our medical information is protected, and that professionals in the medical field have an obligation to safeguard our privacy. The same holds true with debt, and with debt collectors. Disclosure as Leverage It has long… Read More »
How Fraud Makes Debt Non Dischargeable In Bankruptcy
Bankruptcy is intended to give people a fresh start. That’s why so many categories of debt are dischargeable, and so many are non dischargeable. In most cases, categories of debts that cannot be discharged are clear and precisely written. For example, things like student loans, child support or criminal fines are right there in… Read More »
How Long Do Negative Items Stay On Your Credit Report
If you are having financial problems, you probably are also having problems with a lowered or damaged credit score. One thing many people ask is how long these negative items stay on your credit. Maybe you can just wait to file bankruptcy until these negative items disappear? You certainly could—but that may not be… Read More »
Should You Use A Bankruptcy Preparer?
You’re considering a bankruptcy, and are looking for bankruptcy attorneys. But then you see an advertisement, or hear from a friend, about something called a bankruptcy preparer. It seems cheap—much cheaper than a lawyer. Why not save money and use a bankruptcy preparer? What is a Bankruptcy Preparer? Bankruptcy preparers often are not attorneys…. Read More »
Assignment For The Benefit Of Creditors: Better Than A Bankruptcy?
If you are a business that is considering filing for Chapter 11 bankruptcy, you may have the option of what is known as an assignment for the benefit of creditors (ABC). Although an ABC does not have the advantages of a bankruptcy, it’s still something to know about if you are a business that… Read More »
How To Get Around The Chapter 13 Debt Limits
Chapter 13 bankruptcy has a lot of benefits and advantages over a Chapter 7. Among other benefits, it can allow you to keep non-exempt property that may otherwise be lost in a Chapter 7 bankruptcy. It also may provide a smaller ding to your credit than Chapter 7. Debt Limits With Chapter 13 However… Read More »
The Abuses Of Payday Loans
If you are in dire financial trouble, you may be considering a payday loan. This is especially true if your credit is poor because of mounting debt. But payday loans are some of the most abusive kinds of loans and have come under a lot of criticism for the problems that they cause consumers…. Read More »
When Your Property May Not Actually Be Your Property
When thinking of ways to keep most or all of your property in a bankruptcy, most people think of exemptions. Trying to maximize exemptions is an effective tool to protect most, if not all, of everything you own being taken by the bankruptcy trustee. But there is another way of protecting property: Arguing that… Read More »
What Is Chapter 20 Bankruptcy?
When we talk about bankruptcy, we usually talk about Chapter 7, Chapter 13 or Chapter 11. But what about Chapter 20? Is there even a Chapter 20 in the bankruptcy code, and if so, what does it do? Chapter 20 Exists – Kind Of There actually is no Chapter 20 in the bankruptcy laws,… Read More »
