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Ways to Quickly Start Rebuilding Your Credit Score After Chapter 7

A Chapter 7 bankruptcy can be an effective remedy for people who are struggling with overwhelming debt. A bankruptcy filing initially hurts your credit score, but once you’ve received your discharge of debt, you can start to repair your credit score. A Chapter 7 stays on your credit report for 10 years. However, the impact Read More

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What to Do – and Not Do – Before Filing for Bankruptcy

Bankruptcy is a legal process that allows individuals and businesses to discharge their debts. It can be a complex and daunting process, but it can be a lifesaver for those who are struggling to make ends meet. Like any court proceeding, a bankruptcy requires careful preparation. It’s equally important to avoid mistakes that can undercut Read More

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Pros and Cons of Debt Consolidation vs. Bankruptcy

If you are having trouble paying your creditors, you might consider either debt consolidation or bankruptcy. One of these remedies makes use of the court and lawyers (bankruptcy), while the other is entirely private (debt consolidation). The goal is the same, but the paths are distinct. Debt consolidation creates one new loan (or line of Read More

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When Can a Creditor Get Relief from the Bankruptcy Automatic Stay?

The day you file a Chapter 7 or Chapter 13 case with the bankruptcy court, an automatic stay is imposed that requires your creditors to cease their collection practices. The stay prohibits phone calls, letters, lawsuits, wage garnishments and executions on property, such as mortgage foreclosures. The court can impose penalties such as attorneys’ fees, Read More

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What Debts Can You Discharge in Chapter 13 but Not in Chapter 7?

People with unmanageable debt loads often turn to bankruptcy for relief. Most of them proceed using either Chapter 7 or Chapter 13 of the bankruptcy code, which set out different paths for discharging the individual’s debt. One notable difference is that Chapter 13 requires partial repayment of outstanding debt. However, an advantage of Chapter 13 Read More

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Using the Georgia Homestead Exemption Effectively in Bankruptcy

Bankruptcy provides a fresh financial start for people faced with insurmountable debt. Although the bankruptcy trustee has authority to seize and sell the debtor’s assets to pay off creditors, there are federal and state laws that allow debtors to keep certain property or its equivalent value. These are called exemptions, and one of the most Read More

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How Business Debt Can Exempt You From the Bankruptcy Means Test

Chapter 7 is often the preferred form of bankruptcy relief for individuals, but not everyone qualifies. Most debtors must satisfy the “means test,” which is used to demonstrate that they have insufficient income to repay any portion of their debt. However, debtors who hold a large amount of business debt are exempt from the Chapter Read More

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Using the Automatic Stay in Bankruptcy to Block Wage Garnishments

If you fall behind in paying debts, you may be subject to a wage garnishment. A creditor might obtain a court order requiring your employer to impound a portion of your wages or salary each pay period and to send it to the creditor. Garnishments can be devastating as they can leave you with insufficient Read More

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Using Chapter 13 Bankruptcy to Obtain Mortgage Debt Relief

Many people in financial distress are behind on their home mortgages. Debtors who have missed payments are at risk of losing their homes to foreclosure. One of the most effective strategies for saving a home from foreclosure is a Chapter 13 bankruptcy. This type of bankruptcy is also called a wage earner’s plan, because it Read More

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Fraud Exception to Debt Discharge Can Apply to Fraud by Others

Bankruptcy law generally allows debtors to discharge obligations that accrued prior to the filing of the bankruptcy petition. There are, however, exceptions, such as when a debt is obtained by fraud. Though this is generally understood to mean fraud by the debtor, the United States Supreme Court recently ruled that actions by other people can Read More

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