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Can I File For Bankruptcy If I Am Unemployed?

Becoming unemployed, or a cutback in hours, is one of the top reasons why many people file for bankruptcy. Being unemployed without a steady source of income is a tough situation for anyone. By law, you do not have to be employed to file for bankruptcy. However, if you are unemployed your job status can affect the outcome of your bankruptcy. Chapter 7 Bankruptcy There are two main types of bankruptcy for individual filers in the U.S. The first is Chapter 7. Chapter 7  eliminates unsecured debts; such as credit cards, medical bills, and unsecured loans. Chapter 7 filers typically...

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Does filing bankruptcy individually or jointly make more sense if you are married?

Whether or not filing bankruptcy individually or jointly is the best option for married couples depends on a number of factors. Legally, married couples can file bankruptcy together with one petition; a joint bankruptcy. Under a joint bankruptcy; all your combined property and debts are included. This may make sense for some couples. For others, it may be better for just one spouse to file alone. (more…)

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Will filing Bankruptcy affect my employment status?

It’s normal to worry about will filing bankruptcy affect my employment status and who will find out about my bankruptcy filing. Many individuals who are considering filing for bankruptcy also worry about the effect of the bankruptcy on future employment. They are typically concerned with if a potential employer finds out about the bankruptcy filing; will the employer be deterred from hiring you? This is especially true if you are employed in a position of trust or employed to manage others money. Will filing a chapter 13 bankruptcy affect your employment? First, it is possible that your employer will find out about your Chapter 13...

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Can you file Bankruptcy more than once?

It is not uncommon for an individual to file bankruptcy, and then need to refile at a later date. For instance, your plan payment under a Chapter 13 bankruptcy (a reorganization) may have been too large. Or you may have additional unforeseen circumstances such as reduced income that caused you to become dependent on credit. By law, there is no minimum amount of time that must pass after filing bankruptcy before you can file again. There is, however, a minimum amount of time that must pass after you have received a discharge of your debts before you can receive a...

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I am a small business owner and am having trouble staying afloat. Should I file a Chapter 11 | Chapter 13?

I’m sorry to hear about your financial challenges. Running a small business can be tough in today’s economic climate. If you want to stay in business, there are three options under the bankruptcy code: Chapter 11, Chapter 13, and Chapter 7. However,  if you simply want to liquidate the business and don’t plan on continuing, Chapter 7 may be the best option. For the purposes of this post we will focus on Chapter 11 | Chapter 13. Chapter 11 | Chapter 13 Generally Chapters 11 | Chapter 13 are somewhat similar. They will both allow you to stay in business and restructure your finances. Under...

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Can I choose between Chapter 7 & Chapter 13 bankruptcy?

Chapter 7 & Chapter 13 bankruptcies are the two most common forms of personal bankruptcy in the U.S. They each have pros and cons, and which one is right for you depends upon a number of factors such as your income, assets, and debts. You can choose between the two forms of bankruptcy if you meet certain eligibility requirements. However, you may only qualify for one type of bankruptcy and may therefore not have a choice. Chapter 7 Chapter 7 is a liquidation bankruptcy. It will wipe out your unsecured debts such as cash advance loans, credit card debts, garnishments,...

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Will I be able to get a mortgage if I file for bankruptcy?

If you file for bankruptcy, you will not immediately qualify for a mortgage afterwards. Bankruptcy will not necessarily hurt your credit score however it’s likely you will need time to get back on your feet financially. Because bankruptcy provides you with a fresh financial start it will not take forever to qualify for a mortgage. Your options depend on what type of mortgage you are seeking, as well as what type of bankruptcy you filed. There are a variety of mortgages that are available to you after filing for bankruptcy. One to consider is an FHA loan. An FHA loan...

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Should I file bankruptcy or take money out of my retirement account to pay my debts?

There are situations where a person may have a mountain of consumer debts, such as credit card bills, car loans, and medical debt, but could have a significant amount of money in a retirement account such as a 401(k) or IRA. It can be very tempting to dip into that account in order to pay off those debts when creditors are constantly harassing you to pay off the debt. However, that is usually not a very good idea for a number of reasons. First, there is normally an early withdrawal fee as well as hefty taxes. Secondly, your retirement funds...

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I was rear-ended in a motorcycle accident. What should you do?

Rear-end collisions happen every day in the U.S. But when a motorcycle is involved, the chances of injury are much greater. A rear-end motorcycle accident can cause permanent injuries, serious head injuries, or even death to motorcycle riders. If you are a motorcyclist and you have been injured in a rear-end collision, you should speak with an attorney immediately. The longer you wait to get help on your case, the harder your case becomes to win. Memories fade and evidence can disappear. You may also miss certain legal filing deadlines. Rear-End Motorcycle Accident Motorcycle accidents are caused by a number of factors. For instance, the...

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Personal injuries and business disputes are complicated. You need an experienced and aggressive lawyer if you want to maximize your recovery. Let us help you!

Holston & Huntley, LLC, Attorneys & Lawyers Bankruptcy, Atlanta, GA