Blog

06 Mar Are We Seeing a Return to Debtors’ Prisons?

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, past due child support and other debts owed to governments. Interestingly I get comments on this video claiming that the commentator or someone the commentator knows has been put in jail for common private debt like unpaid credit card bills and other signature loan. It turns out that there is some truth to what my video viewers are saying.
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06 Feb Why Surrendering Your Car or House in a Chapter 13 May Create Unexpected Problems

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 Chapter 13, however, your act of surrendering collateral does not necessarily mean that you are done with the now unsecured creditor. Unsecured creditors often do get paid in Chapter 13 - sometimes as little as 1 penny on the dollar, but sometimes as much as 100 pennies on the dollar (i.e, they are paid in full).
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06 Sep Yes You Can Refile Your Chapter 13 Case, But Should You?

If you are facing a foreclosure, vehicle repossession, wage garnishment or other financial crisis, Chapter 13 bankruptcy can be a great tool to stop the chaos.  As the type of bankruptcy that includes a repayment plan, Chapter 13 can empower you to reduce your monthly payments, eliminate accruing interest on credit card debt, reduce your total indebtedness - all while protecting your real and personal property from creditor actions.If you are facing a foreclosure, vehicle repossession, wage garnishment or other financial crisis, Chapter 13 bankruptcy can be a great tool to stop the chaos.  As the type of bankruptcy that includes a repayment plan, Chapter 13 can empower you to reduce your monthly payments, eliminate accruing interest on credit card debt, reduce your total indebtedness - all while protecting your real and personal property from creditor actions. When Chapter 13 plans work, they can literally be life changing and every experienced bankruptcy attorney can recount stories of grateful clients who successfully completed their Chapter 13 plans with property intact and debt gone. Unfortunately, however, most Chapter 13 plans fail before completion - in some jurisdictions the failure rate is 65% or higher.  Often repayment plans fail not because of bad faith on the part of debtors or even because of unrealistic budgeting.
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