Call 301-614-0535 to Schedule a Consultation
Recent Blog Posts
What are reasons a court may deny a Chapter 7 discharge?
Even if expensive medical bills or the aftermath of a divorce feel financially overwhelming, you can still find a way to relieve your mounting debt through bankruptcy. You may have decided Chapter 7 is right for you, but you still worry that you have no guarantee of a debt discharge.
It is true that Chapter 7 filers do not have as much of a right to a discharge as Chapter 13 filers. This is because creditors or even your bankruptcy trustee can object to a discharge in Chapter 7. However, specific situations require a judge to deny you a discharge. By knowing what a court expects from you, you may feel more confident about proceeding with your bankruptcy.
Failure to complete bankruptcy standards
Before receiving a discharge, you must complete a course on personal financial management. You must also submit all required tax documents to the court, and provide accurate and complete documentation. Also, if you cannot adequately explain a loss or deficiency of your assets, the court may deny your discharge.
What assets can creditors take when you file for bankruptcy?
Filing for bankruptcy can be a stressful experience. When you file for bankruptcy, creditors may take some of your belongings to pay off your debts.
Knowing what creditors can and cannot take helps you prepare for the process. In bankruptcy, assets fall into two categories: exempt and non-exempt. Exempt assets are items you get to keep. Non-exempt assets are those that creditors can take.
Exempt assets
Exempt assets include items necessary for daily living. These typically cover a primary home, up to a certain value, known as a homestead exemption. Personal belongings like clothing, furniture and household goods often fall under exemptions. Most retirement accounts, such as 401(k)s and IRAs, are also safe. Additionally, tools of the trade, or items you need for work, usually qualify as exempt up to a certain value.
Non-exempt assets
Non-exempt assets are items that creditors can take. These often include second homes, vacation properties and valuable collections like art or jewelry. Luxury items and high-value electronics may also be at risk. Extra vehicles beyond the one you need for daily transportation can be non-exempt. Stocks, bonds and cash that do not fall under retirement savings might also have to go to pay debts.
Navigating medical debt through Chapter 13 bankruptcy
Medical debt can quickly become overwhelming. It leads to financial distress for many individuals and families. In these situations, Chapter 13 bankruptcy offers a structured path to manage and potentially discharge medical debts while keeping your assets intact.
Understanding Chapter 13 bankruptcy
Chapter 13 bankruptcy, also known as a wage earner's plan, helps individuals with regular income create a repayment plan for their debts.
This plan typically lasts three to five years and allows individuals to pay back all or part of their debts in a structured way.
Unlike Chapter 7 bankruptcy, which requires selling off assets to pay creditors, Chapter 13 lets you keep your property and catch up on overdue payments with a court-approved repayment plan.
Creating a repayment plan
The Chapter 13 bankruptcy repayment plan takes your financial situation, income, expenses, and the total amount of debt into account.
Do store credit cards hurt or help your credit score?
Store credit cards can be tempting offers, especially when they promise discounts and rewards for shopping at your favorite stores.
Credit reporting agencies view accounts associated with retail stores in a slightly different way from other consumer credit cards. So before you sign up for one, consider how store credit cards can change your credit score.
Positive impacts
One of the primary ways store credit cards can help your credit score is by allowing you to build a positive credit history. Making timely payments on your account demonstrates to creditors that you can manage credit responsibly. This positive payment history can boost your credit score over time.
Having a mix of credit types can also benefit your credit score. Store credit cards represent a different type of credit than traditional credit cards or loans, so having a store card in your mix can show lenders that you can handle various types of credit.
Some store credit cards offer rewards programs that save money on future purchases. By using your store credit card for purchases you would make anyway and paying off the balance each month, you can take advantage of these rewards without incurring interest charges.
How does a divorce increase your likelihood of filing bankruptcy?
Divorce can bring significant emotional and financial challenges. With the financial strain a divorce can bring, bankruptcy becomes a real possibility for many couples.
Understanding how the process of divorce can increase the likelihood of filing for bankruptcy can help you prepare for the future.
Division of assets and debts
During divorce proceedings, assets and debts accumulated during the marriage must be distributed fairly between the spouses. This process can be complex and may require the assistance of financial experts. However, even with fair division, the resulting financial situation for both parties may be less favorable than it was during the marriage. This can lead to increased financial instability and the possibility of bankruptcy.
Loss of dual income
In many marriages, both partners contribute financially to the household. When a couple divorces, the loss of a second income can significantly impact each spouse's financial stability. Suddenly, one household must now support two separate households, leading to increased expenses and potentially reduced savings.
How does bankruptcy impact child support?
Divorce affects your finances in many ways. When you face monetary difficulties after a marital split, bankruptcy can provide relief from overwhelming debts.
It is important to understand the legal process and how it can affect your child support responsibilities.
Child support priority
In Maryland, filing for bankruptcy does not affect the receipt or payment of child support. Maintenance obligations are a high priority in these proceedings. If a former partner owes you child support, the law considers it an asset. If you are the person paying child support, the amount you owe is a non-dischargeable debt. This regulation means that even if you file for insolvency, you are still responsible for fulfilling the payments outlined in your divorce settlement.
Bankruptcy options
You sell your assets to repay creditors in a Chapter 7 bankruptcy. However, child support payments are exempt from discharge.
Chapter 13 bankruptcy allows you to create a repayment plan to settle your debts over three to five years. When filing, the court considers child maintenance payments a priority debt and requires their inclusion in the repayment plan. Failure to include child support amounts in the plan can lead to the dismissal of your case.
Will you lose your retirement accounts in bankruptcy?
Filing for bankruptcy in Maryland can raise concerns about the fate of retirement accounts.
Fortunately, the law protects most retirement accounts during bankruptcy, allowing individuals to retain their savings while seeking debt relief.
Bankruptcy and retirement accounts explained
The federal government categorizes bankruptcy into Chapter 7 and Chapter 13. Chapter 7 involves liquidating assets to pay off debts, while Chapter 13 sets up debt repayment plans. Both categories provide exemptions to protect assets, including retirement accounts.
Protection for retirement accounts
The law safeguards various retirement accounts from creditors in bankruptcy cases. This protection covers 401(k)s, 403(b)s, profit-sharing and money purchase plans, as well as Individual Retirement Accounts and Roth IRAs. This safeguard is consistent across both bankruptcy chapters.
Beware of using home equity to pay debt
Some people file for bankruptcy when they cannot afford their mortgage payments in a bid to stay in their house while they sort out their debt problems. However, if you have mounting debt but have already paid off your mortgage, be sure you do not endanger your home by taking out a second mortgage or a home equity loan.
In an effort to stave off bankruptcy, some homeowners tap into their home equity to pay off their outstanding debts. That might seem like a smart move, but it carries significant risks.
Your house is on the line
When you take out a home equity loan or a home equity line of credit, you put your house up as collateral. This means you must make your payments to your bank on time. If you fail to supply payments as your schedule dictates, your lender can foreclose on your home.
Longer repayment periods increase risk
Home equity loans and HELOCs often have repayment terms of 10 years or more. This extended timeline raises the chances of something going wrong, such as a job loss, medical emergency or other financial hardship that makes it difficult to keep up with payments.
Using backup beneficiaries to guard your assets
Most people want their money and assets to go directly to their loved ones after they die. Unfortunately, sending your property through probate runs the risk of creditors making claims to your estate to fulfill your unpaid debts. Fortunately, people can bypass probate for certain assets by naming beneficiaries.
However, problems may arise if you count on a single beneficiary in your designations. Your assets could fall into the hands of creditors in spite of your efforts.
Asset transfers through designation
Several types of accounts and policies allow the owner to designate beneficiaries who will receive the assets upon the death of the owner. These include life insurance policies, retirement accounts such as 401(k)s and IRAs, annuity contracts, some investment accounts and bank accounts with a payable-on-death designation.
When an account or policy has a valid beneficiary provision, the assets transfer directly to the named individuals or entities. This simple process avoids probate entirely for those assets. Still, this depends on the beneficiary being alive and available to receive the asset.
Benefits of filing Chapter 13 when you own a business
Issues with debt are stressful enough on a personal level, but when you own a business, it can be overwhelming. Luckily, you have options when it comes to filing bankruptcy that can allow you to handle your debt and not lose your business.
Chapter 13 bankruptcy is well worth considering. This bankruptcy option allows you to restructure your debts while keeping your business operational, a key advantage over other bankruptcy chapters.
Retain control of the business
One of the primary benefits of Chapter 13 for business owners is the ability to retain control of your business operations. Other bankruptcy options may require selling off business assets to repay debts. Chapter 13 relies on a manageable repayment plan to repay debts. This enables you to continue running your business.
Prevent repossession
When you file, the court puts an automatic stay in place. This stops all creditor actions, including the repossession of business assets. The stay provides valuable breathing room to reorganize your finances and protect your business assets.
Get Control of Your Life Back and Contact Us to Schedule a Consultation
Proudly Serving Greenbelt, MD and surrounding areas including Berwyn Heights, Hollywood, Lanham, Seabrook, New Carrollton, Wildercroft, College Park, Silver Spring, Rockville, Bowie, Burtonsville, Largo, Takoma Park, Upper Marlboro, Clinton, Hyattsville, Acredale, Beltsville, Snowden Pond, Ammendale, and White Oak Manor.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
