Sawin & Shea

JULY 19, 2023

Chapter 7 bankruptcy , or liquidation bankruptcy, allows you to discharge all or most of your debt. Under Chapter 7, most people can keep their home and car, if desired, and receive automatic court protection from creditors. Chapter 7 bankruptcy also stops lawsuits and wage garnishments.

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Sawin & Shea

JUNE 14, 2023

Because so many struggle financially after divorce, it’s common for individuals to declare bankruptcy before or after their marital dissolution. Here’s what you need to know about bankruptcy and divorce. Dividing assets and property during a divorce can be difficult and may require the assistance of a mediator or attorney.

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Sawin & Shea

AUGUST 18, 2021

Code § 525 – Protection against discriminatory treatment) it is illegal to fire someone simply because they have filed for bankruptcy. The bankruptcy would cause an automatic stay, preventing creditors from continuing to attempt to collect debts while you continue with your case. What about potential future employers?

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Credit Corp

MAY 3, 2023

However, we’ve provided some basic answers below to the question, “What is the difference between Chapter 7, 11, and 13 when it comes to bankruptcy?” In This Piece Understand the Types of Bankruptcy How Do You Know Which Bankruptcy Type is Right for You? What Is Chapter 11 Bankruptcy?

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Debt Free Colorado

DECEMBER 9, 2021

You should get legal assistance from a knowledgeable bankruptcy attorney in Denver. The United States Bankruptcy Code governs both chapter 7 and chapter 13 bankruptcy. Chapter 7 (Liquidation). Advantages of Chapter 7 Bankruptcy. Disadvantages of Chapter 7 Bankruptcy.

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Sawin & Shea

MAY 10, 2023

Defining the Most Common Types of Bankruptcy Before diving into bankruptcy’s implications for your nest egg, here is an explanation of the two most common types of bankruptcy. Chapter 7 bankruptcy or liquidation bankruptcy, allows you to discharge all or most of your debt.

Bankruptcy 52

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Sawin & Shea

OCTOBER 20, 2021

Filing Again After Chapter 7 Bankruptcy. If you plan to file again after previously filing a Chapter 7 bankruptcy the following time limits apply. Filing Successive Chapter 7 Bankruptcy Cases. Filing Chapter 13 After a Chapter 7 Bankruptcy.

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Sawin & Shea

OCTOBER 20, 2021

Filing Again After Chapter 7 Bankruptcy. If you plan to file again after previously filing a Chapter 7 bankruptcy the following time limits apply. Filing Successive Chapter 7 Bankruptcy Cases. Filing Chapter 13 After a Chapter 7 Bankruptcy.

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Sawin & Shea

APRIL 26, 2023

If the creditor has your date of birth and social security number, they may be able to garnish your bank account and apply that money toward your debt balance. If that’s not possible for you, another option is to avoid it through Chapter 7 or Chapter 13 bankruptcy court.

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Sawin & Shea

SEPTEMBER 28, 2022

For example, if you have been having your wages garnished to pay back a persistent creditor, your employer would be aware that this is no longer necessary since you are in the process of Chapter 7 or Chapter 13 bankruptcy. Will my bankruptcy show up on a pre-employment check?

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Sawin & Shea

JANUARY 12, 2021

For someone who’s pursuing Chapter 7 bankruptcy , this is especially important. Chapter 7 bankruptcies are liquidation bankruptcies, meaning non-exempt assets can be liquidated to pay your creditors back something. One of the most common assets that bankruptcy trustees seize is your tax refund.

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Sawin & Shea

NOVEMBER 15, 2022

If a potential employer runs a background check, they’ll discover your bankruptcy. And if they search your credit history, they’ll also likely spot your bankruptcy filing. A Chapter 7 bankruptcy remains on your credit history for ten years, and a Chapter 13 bankruptcy will stay on your credit history for seven years.

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Sawin & Shea

FEBRUARY 7, 2024

Fortunately, filing for bankruptcy places an automatic stay on your assets. With this automatic stay, your creditors won’t be able to garnish your wages, meaning that you can use your earnings to pay your installment plan. This first payment is usually around $80, and you’ll make three subsequent payments to cover the $338 in fees.

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Sawin & Shea

JUNE 16, 2021

Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. Chapter 7 bankruptcy: In this type of bankruptcy, your non-exempt assets (if any) have been liquidated to pay off a percentage of your debts. This is not true.

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Roths Child Law

FEBRUARY 19, 2021

Filing for Chapter 7 bankruptcy can be an effective way to eliminate a variety of unsecured business or personal debts. Let’s take a look at some specific reasons why you may want to pursue a liquidation bankruptcy. Furthermore, they are not able to garnish your wages, repossess property or foreclose on your home.

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Roths Child Law

JANUARY 31, 2023

It is important that you understand how these types of bankruptcies differ. If you are seeking to discharge unsecured debts like medical debts, credit card debts and unsecured loans, then you need to file for Chapter 7 bankruptcy. Bankruptcy can give you a fresh start.

Bankruptcy 52

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Sawin & Shea

JUNE 7, 2023

Cosigner Responsibilities: Bankruptcy and Debt Collection If a primary borrower declares bankruptcy, the co-signer associated with the debt may be responsible to pay back creditors, but this will depend on the type of bankruptcy that the primary debtor filed.

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Roths Child Law

DECEMBER 20, 2022

However, it is important to understand that other valid reasons may exist for firing or reprimanding you (such as dishonesty, incompetence or gross misconduct) and you cannot use bankruptcy to protect you from employer action based on these reasons. . Sometimes, your employer may not know if you are filing for Chapter 7 bankruptcy.

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Sawin & Shea

DECEMBER 8, 2021

Certain debts can be discharged entirely when filing Chapter 7 bankruptcy, but not everyone is eligible for Chapter 7 bankruptcy. Some people have too high of an income or have assets that require making monthly payments through filing Chapter 13 bankruptcy. . When Should I for Bankruptcy?

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Sawin & Shea

JULY 12, 2023

Both forms of bankruptcy provide an automatic stay, which is a legal order that protects you from creditors. Once you’ve filed your bankruptcy petition, creditors will no longer be able to take any action to collect debts against you. They’ll be unable to garnish your wages, foreclose on your home, and repossess your belongings.

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Sawin & Shea

NOVEMBER 15, 2023

What’s the Difference Between Chapter 7 and Chapter 13? Put simply, Chapter 7 is a liquidation while Chapter 13 is about reorganization. In the case of a Chapter 7 bankruptcy , the court appoints a trustee who is in charge of selling off (liquidating) a debtor’s non-exempt assets.

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Sawin & Shea

JUNE 28, 2023

Do Not: Try to Transfer or Hide Assets If you’ve transferred any assets to another party before declaring bankruptcy, you’re not gaining any protection. If assets are transferred in anticipation of filing for bankruptcy, a trustee can recover those assets in a Chapter 7 bankruptcy since the transfer would rightfully be seen as fraudulent.

Bankruptcy 52

Bankruptcy Chapter 7 bankruptcy Creditors Garnishment 52

Roths Child Law

FEBRUARY 19, 2021

Filing for Chapter 7 bankruptcy can be an effective way to eliminate a variety of unsecured business or personal debts. Let's take a look at some specific reasons why you may want to pursue a liquidation bankruptcy. Furthermore, they are not able to garnish your wages, repossess property or foreclose on your home.

Bankruptcy 52

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Sawin & Shea

JANUARY 11, 2024

(Each type of bankruptcy is named after the chapter of the code that describes it.) There are some key differences between these two types of bankruptcy.

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Sawin & Shea

AUGUST 24, 2020

Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits. What Do the Various Kinds of Bankruptcy Entail? There are many intricacies that set Chapter 7 and Chapter 13 Bankruptcy apart. What does each one mean?

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Sawin & Shea

JUNE 21, 2023

Unfortunately, not everyone filing Chapter 13 will complete the repayment process. If the bankruptcy court has your Chapter 13 bankruptcy dismissed, you’ll need to refile or find another method for overcoming your debts, such as Chapter 7 bankruptcy.

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Sawin & Shea

FEBRUARY 16, 2022

Those filing an emergency bankruptcy receive an automatic stay even before completing certain documents. If you’re in an emergency situation such as wage garnishment, eviction, or pending repossession filing an emergency bankruptcy may be right for you.

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Debt Free Colorado

MARCH 3, 2023

There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter 7 and Chapter 13 bankruptcy are the two types of bankruptcy that are most frequently filed. Chapter 7 is known as liquidation in bankruptcy legislation.

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Debt Free Colorado

APRIL 9, 2020

If neglected long enough they will sue you and attempt to garnish your wages and take money from your bank account, but if you’re not working and don’t have any money in the bank account these are empty threats. Despite your best efforts, you may dig yourself into a financial hole during this unsettled period.

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Collection Industry News

SEPTEMBER 23, 2020

It can garnish wages and bank accounts, • It can force the sheriff to seize your home, real estate, and personal property. Failing to respond to a lawsuit can result in default judgment on a case you could have won, and end in wage garnishment or loss of other assets. Bond & Botes Helps People Struggling with Debt.

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Credit Corp

JUNE 14, 2023

Bankruptcy: Seven or 10 Years Bankruptcies show up in the public records section of credit reports. Chapter 7 bankruptcies may be reported for 10 years from the filing date. Discharged Chapter 13 bankruptcies are generally removed after seven years from the filing date.

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Sawin & Shea

JANUARY 25, 2022

These remedies can include garnishing your wages and bank accounts and seizing and selling your non-exempt personal property. If the unsecured debt is a federal student loan, the Department of Education can garnish up to 15% of your disposable income without filing a lawsuit. What collection remedies are allowed will vary by state.

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Sawin & Shea

MAY 26, 2021

This means a foreclosure, repossession, garnishment, or other action can continue against your spouse even after you’re freed of it through bankruptcy – but only if their name is on the debt. This is certainly something to consider before filing bankruptcy without your spouse.

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Debt Free Colorado

MARCH 10, 2021

In one case, UpRight substantially delayed filing its client’s bankruptcy case for almost a year after it misrepresented that it had a local attorney who was licensed in Montana available to file the case. UpRight’s delay resulted in a creditor garnishing more than $6,000 of the debtor’s wages.

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Sawin & Shea

FEBRUARY 2, 2022

If a creditor does not want to participate, they can still pursue you in all the ways allowed by law including lawsuits and wage garnishments. Also know that there is no legal protection from creditors in a debt management plan. Debt Settlement.

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