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Manos Legal Services > Our Blog (Page 29)

How Bankruptcy Exemptions Work

[ad_1] Did you ever wonder if you will lose your property if you file bankruptcy?  Can you keep your home, your car, your household goods?  What about your clothes and jewelry? [youtube https://www.youtube.com/watch?v=mlz5cNqERTE&w=560&h=315] The part of bankruptcy law that tells us what you can keep while using bankruptcy to get rid of debts are the bankruptcy exemption laws that apply in your case.  Exemptions are a strange part of bankruptcy law in that different rules apply depending on where you file your case.  Your state may have its own exemption statute, or it may use the federal statute, or it may allow...

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Why Surrendering Your Car or House in a Chapter 13 May Create Unexpected Problems

[ad_1] One of the more powerful tools available to you when you file a personal bankruptcy has to do with your option to cancel an installment contract and surrender secured collateral. This applies to all forms of secured collateral, including such things as houses, motor vehicles, furniture, and jewelry. In a Chapter 7, your surrender of secured collateral will usually mean an end to your obligation to the secured creditor. Any remaining debt owed to the creditor for a deficiency balance will be treated as unsecured debt and unsecured debt is generally going to be eliminated with your Chapter 7 discharge. In...

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What is the Automatic Stay and Who Does it Protect?

[ad_1] The Automatic Stay is an order entered by the federal bankruptcy court directing that all debt collection actions against a debtor that has filed for bankruptcy protection stop.  In most bankruptcies, the stay ordered is entered automatically by the court clerk when the case is filed.  There are some statutory exceptions that apply in the event of repeat filings. The automatic stay is authorized by 11 USC §362, a section of the bankruptcy code that details its provisions.  This important statute prevents the taking of just about any type of action that improves or advances the position of a creditor...

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Are We Seeing a Return to Debtors’ Prisons?

[ad_1] Some time ago, I posted a video on my YouTube channel posing the question “Can I Go to Jail for Not Paying Credit Card Debt?” The answer to this question is “no” – if you don’t pay your credit card bill, the lender bank can sue you for money damages, but they have not power to throw you in jail. Only the state or federal government has the power to incarcerate you for not paying debts and the type of debts that could result in jail time include unpaid such obligations as past tax debt, fines due to governmental units,...

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When Consumers Get Notices About A Business’s Bankruptcy — When You Are Suddenly A Creditor.

[ad_1] My community was recently rocked by two businesses who were suddenly in Chapter 7 bankruptcy with unhappy clients and customers.   Chapter 7 bankruptcy for business is a very different process than when people file for Chapter 7 bankruptcy.   A business in Chapter 7 no longer is able to conduct business and any assets are subject to liquidation by the appointed Chapter 7 trustee. Questions and letters to the editor followed regarding the bankruptcies as community members wondered what could be done.   One business was a car sales lot and the other was a funeral home.   In each case, allegations of...

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The Stigma of Child Support Modification

[ad_1] When child support is calculated, it is based on the state’s guidelines and how they interact with the parents’ income, the number of children involved, and the percentage of time each party has with the children. These parameters provide the court with the necessary information to make informed decisions regarding what can be paid within the means of the paying parent. However, the details regarding how much each parent makes in a given calendar year can change over time, causing the need for child support to be reassessed. This can result in a dispute between the paying parent who sees the...

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The 3 Most Effective Ways To Limit Divorce Costs

[ad_1] Divorce costs have a nasty way of getting out of control before you even realize what hit you. A lot of guys are unfamiliar with the many unexpected factors that end up driving up the cost of divorce. The hit to their wallet ends up blindsiding them, and the shock of it all makes coming up with a realistic post-divorce budget all that more difficult. There is no way around the fact that divorce costs are going to add up and probably hit you pretty hard, but there are some simple steps you can take to help ease the blow. Planning For...

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The 3 Things Divorce Doesn’t Change

[ad_1] Divorce costs can snowball in a hurry. Before you know it, the divorce process can ravage your finances and hit you with a number of intangible costs that are sometimes even more difficult to overcome than the monetary ones. Although the ramifications can affect nearly every aspect of your life, it is important to keep in mind that there are certain things about your life that divorce can’t touch. Here are three things that divorce costs should...

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Financial Planning Tips To Help Mitigate Divorce Costs

[ad_1] When your marriage ends, the storm of divorce costs can leave you reeling financially. It takes some guys years to get back to a place of stability after losing thousands to attorney fees, filing costs, child support, alimony, and more. Since divorce costs are often so expensive, not to mention unpredictable, it is crucial to include planning a realistic and responsible budget on your divorce checklist, as you are preparing for divorce. Knowing how much money...

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Divorce Online | Divorce Resources | Legal, Financial & Counseling | State Statutes – Divorce Articles

[ad_1]Back in 1995, I was approached by a therapist and a web designer, talking about the Internet.  At that time, the Internet was almost unheard of.  I had no idea what it was.  The web designer was a man named John Thawley, who I work with to this day.  The therapist was involved in the beginning but dropped off the face of the earth shortly after the website was launched.  The website was called DivorceOnline.com.  It was launched in 1995.  In May of 1996, one of the most salient features of Divorce Online,...

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