Category Archives: Bankruptcy
Can You Be Sued After You File For Bankruptcy?
One of the benefits of declaring bankruptcy is that an automatic stay is issued, prohibiting creditors from coming after you for debt collection. Under the terms of the stay, many creditors cannot initiate litigation against you. Foreclosures and any pending lawsuits from creditors are paused as are previous lawsuit judgments requiring you to resolve unpaid… Read More »
Does Declaring Bankruptcy Affect Your Alimony Payments?
Alimony, also known as spousal support or maintenance, is often a vital resource for recipients and a considerable expense for the paying individual. When insurmountable debt leads the paying spouse to a bankruptcy filing, that spouse is still required to make court-ordered alimony payments. The U.S. Bankruptcy Code makes it clear that alimony debt cannot… Read More »
Can You Erase Your Bankruptcy Record Early?
Filing for bankruptcy comes with the understanding that notice of the bankruptcy will appear on your credit report for years to come — specifically, seven years after filing a Chapter 13 and 10 years after filing a Chapter 7. A lot can happen in the time between declaring bankruptcy and being discharged with a clear… Read More »
Does Your Bankruptcy Show Up on an Employer Background Check?
Bankruptcy is intended to give people an opportunity to make amends with creditors and move forward with a fresh start. However, as long as a bankruptcy appears on your credit report, it may negatively affect many of your aspirations, from securing a home loan to achieving certain career goals. It is typical for companies to… Read More »
Can You Buy a House After Filing For Bankruptcy?
Yes, you can still buy a house after a bankruptcy filing. Filing bankruptcy discharges your debt and can make you a better mortgage candidate. There is no law that prevents you from buying a home after bankruptcy. Mortgage lenders want to see a minimum of twelve months of performing credit after bankruptcy. It is this… Read More »
Can You File Bankruptcy If You Owe Taxes?
Yes, you can still file bankruptcy if you owe taxes. You will need to get your tax returns filed, but paying the taxes is not required before you can file bankruptcy. Certain income taxes can be discharged. A chapter 13 plan can allow you up to five years to repay the taxes you owe. Taxes… Read More »
Can You File for Bankruptcy Twice in New Jersey?
Yes, you can file for bankruptcy two or even more times in New Jersey provided that a certain amount of time has passed since your prior filing has been resolved. The exact duration depends on the type of relief you previously received and the chapter you seek to file under now. Bankruptcy is an extraordinary… Read More »
Reverse Mortgages and Bankruptcy
Reverse mortgages are designed to allow you live off of the equity in your home. This type of loan pays off your mortgage, lets you live in the home “mortgage payment free” for life or until you leave the home. Often, these loans require that you pay the property taxes and insurance. Should you fail… Read More »
What Happens to Your 401k in Bankruptcy?
Your retirement accounts (401K, IRA, Roth-IRA) are totally excluded or “exempted” from your bankruptcy. In fact, the law is very clear that your retirement account “stays” yours in bankruptcy. Retirement accounts are a fundamental element of your retirement planning. Creditors have no power to force you to liquidate your 401K or IRA in bankruptcy. Usually,… Read More »
What Happens To Your Credit Score In Bankruptcy?
Active judgments, collections accounts, charge offs and delinquent debts are reported to the credit reporting agencies. These will have a devastating effect on your credit score. Your credit score will suffer greatly, often dropping hundreds of points. The problem is intensified over time as these derogatory reports linger and just sit on your report. A… Read More »