No matter what you have read online, the decision to pursue bankruptcy proceedings is a deeply personal one and is not a one-size fit all solution for everyone. In fact, bankruptcy proceedings can be complicated and may not turn out the way you hope. This is why it is necessary to consult with a knowledgeable and experienced attorney to consider your circumstances and help you weigh your options.
Bankruptcy proceedings are often intense and incredibly complex. For the uninitiated, the terms that attorneys and judges throw around often sound like a different language. Nevertheless, if you are interested in learning more about bankruptcy, it is important to learn some of the fundamental concepts so that you can make well-informed decisions.
Healthcare is expensive, ridiculously expensive. Regardless of how much money you have saved or how solid your finances are, unexpected medical expenses can absolutely devastate your best-laid plans. This is particularly true when you are under-insured or if your health insurance denies coverage of a claim. All of a sudden, you can find yourself faced with tens of thousands of dollars in medical bills and hospitals harassing you for payment.
Trying to overcome debt problems is a hard, emotionally draining process. For many, it seems like a hopeless spiral of missed payments, juggling credit cards, selling treasured possessions, harassing calls from creditors, and growing interest penalties. If you find yourself in this situation, you need help. When attempts to pay off your debts and to negotiate with your creditors have failed, it is well past time to speak with an attorney for some relief.
Nobody wants to file bankruptcy. On either a personal or business basis, no one manages their finances or starts their own business with a vision of financial turmoil. Rather, we work hard, take risks, and do the best we can to provide for our families. Unfortunately, things happen along the way that can send us spiraling down a financial path we did not want to travel.
As most will attest, marriage and money can be a complex combination. When you got married, you and your spouse likely merged finances with a positive outlook, looking forward to all the benefits of a strong partnership. As the years pass though, there are inevitable challenges which must be weathered together-and finances are often connected to them in one way or another.
We have previously written about how important it is for a Debtor to be honest during the bankruptcy process. This was a particularly important lesson in a Chicago courtroom last month. Lynn Y. Zoiopoulos, an Illinois physician, was sentenced to 30 months in federal prison because she concealed assets in her Chapter 7 Bankruptcy.
The importance of honesty in the bankruptcy process cannot be overstated. As part of the bankruptcy process, a filer must disclose all property, income, and debts. These declarations are made under penalty of perjury that everything contained in the bankruptcy petition is true and correct to the best of one's knowledge, information, and belief. Honesty in this process is not optional; it is required. Failing to disclose income or assets can have wide-ranging implications from inability to discharge debt through to criminal liability.
For years, New Jersey homeowners saw their homes rise in value. During this time, many homeowners took out second or third mortgages or home equity loans. Even now, eight years after the beginning of the housing crisis, many homeowners are still underwater in their mortgages, owing more than their home is worth.
Every Chapter 7 or Chapter 13 bankruptcy filing requires a 341(a) Meeting of Creditors. While your creditors are notified of this meeting, in practice creditors rarely attend. Instead, generally the only people present at this meeting are you, your attorney, and the trustee.