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Preferential Transfers & Bankruptcy

January 17, 2014

Certain transfers can be avoided by the bankruptcy trustee, or the individual assigned to administer a debtor’s bankruptcy case. There are several classes of preferential transfers, and certain defenses to such transfers.  This article discusses preferential transfers in the context of a chapter 7 bankruptcy. If a debtor has paid a creditor a lump sum…

Judgment Liens and Bankruptcy

January 17, 2014

If you are sued by a creditor and the creditor obtains a judgment against you, that judgment automatically becomes a lien on any real property (house, condo, or land) that is located in the county for which the judgment was entered.  For example, if you are sued in Lane County and you also own a…

What Determines the Length of a Chapter 13 Bankruptcy?

January 17, 2014

A chapter 13 bankruptcy, or “wage-earner’s” bankruptcy, lasts between 3 and 5 years.  But what determines this length? Several factors consider the length of a chapter 13 bankruptcy.  This article addresses some of the most prominent factors. 1.  Applicable Commitment Period:  The applicable commitment period is either 3 years or 5 years for a chapter…

Chapter 7 Bankruptcy & Financed Vehicles You No Longer Want

January 15, 2014

In recent posts, I have discussed options available regarding financed cars in the context of a chapter 7 bankruptcy, such as reaffirmation and redemption.  This article sets forth the third main option available: surrendering a financed vehicle through bankruptcy when it does not make financial sense to hold on to the vehicle. IN BANKRUPTCY: Surrendering…

Chapter 7 Bankruptcy & Reaffirmation Agreements for Cars

January 15, 2014

Yesterday, I wrote an article on redemption of a vehicle through bankruptcy.  Aside from redemption, there are two other main options to consider: surrendering the vehicle through bankruptcy or reaffirming the vehicle through bankruptcy.  This article addresses reaffirmation of a vehicle in the context of a chapter 7 bankruptcy. Reaffirming a debt through bankruptcy usually…

Chapter 7 Bankruptcy & Vehicle Redemption

January 14, 2014

If you have a secured loan, such as a financed car, and you file a chapter 7 bankruptcy case, you have a few options available.  You can surrender the car to the lender and you will not be liable for any deficiency, you can reaffirm the debt through bankruptcy, or you can redeem the vehicle. …

Chapter 7 Bankruptcy: What If I Miss A Creditor?

January 14, 2014

The goal of your bankruptcy is to list all creditors.  We are able to achieve this by relying on any bills or collection notices, credit reports (free credit reports can be found at Annual Credit Report), and from memory.  Once you file bankruptcy, there is a finite time to add additional creditors. Occasionally, relying on…

Bankruptcy: The Power of the Wildcard Exemption

January 14, 2014

This past year, we saw the passage of new law in Oregon that allows debtors who file bankruptcy to use Federal Exemptions, in lieu of State Exemptions, to protect property. (Exemptions are laws that protect your property or assets when you file for bankruptcy relief.) Part of the Federal Exemptions is the “Wildcard” exemption.  This exemption allows…

Bankruptcy: Using The Federal Wild Card Exemption to Protect Tax Refunds

January 14, 2014

Gone are the days where tax refunds are a huge concern for bankruptcy attorneys and their clients in a chapter 7 bankruptcy case.  In previous years, often the advice given to clients is to wait until you file your tax returns (if you were going to receive a substantial tax refund), receive the refund, and spend…

Bankruptcy & Income Taxes

January 13, 2014

Bankruptcy can provide a fresh financial start.  Taxes can complicate this fresh start.  Certain income taxes are dischargeable, while other income taxes are non-dischargeable, or remain after the bankruptcy.  This article addresses what income tax debt is dischargeable and what income tax debt is non-dischargeable. The dischargeability of income taxes depends on a three-pronged test; each prong must…

DISCLOSURE*

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

 

I am a debt relief agency. I help people file for bankruptcy relief under the Bankruptcy Code.

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