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Blog Posts in November, 2010

Can I Keep my Bankruptcy Private?

Bankruptcy is a daunting concept for many, so it is understandable that a debtor would want to keep this time in his/her life under wraps. The bad news is that bankruptcies are a matter of public ...
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I am an Immigrant – Can I file Bankruptcy?

Bankruptcy is open to "...only a person that resides or has a domicile, a place of business, or property in the United States, or a municipality, may be a debtor under this title" [11 U.S.C. Section ...
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Do I Have to File Income Taxes While I am in Chapter 7?

A debtor is under the federal income tax guidelines whether or not he or she is in a Chapter 7. Some individuals who have made under a certain amount in taxable income are not mandated to file federal ...
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Should I File Bankruptcy for Myself or My Small Business?

There are pros and cons to every type of bankruptcy filing. For an individual whose personal finances are closely tied to their business, choosing between different bankruptcy types can be daunting. ...
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Can I Apply for Credit While I’m in Bankruptcy?

It is unlikely that a trustee will approve taking on more debt while an individual is in bankruptcy. The trustee's function is to represent the interests of the bankruptcy estate, as well as a ...
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Bankruptcy Filings up Nearly 14 Percent over Last Fiscal Year

According to the United States Bankruptcy Court for the Northern District of Texas, bankruptcy cases are up 14% for the 2010 fiscal year, meaning the 12-month period ending September 30, 2010. ...
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Can I File for Chapter 13 if I Get Paid in Cash?

The Bankruptcy Code, as well as the Internal Revenue Service, requires that an individual debtor report ALL of his/her earnings, regardless of whether you are a banker who gets his paychecks delivered ...
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What Happens if I Get a Second Job?

Getting a second job may be helpful in that it gives you more discretionary income and breathing room from creditors. However it can be dangerous for a debtor in a Chapter 7 or Chapter 13 to obtain ...
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Will my Inheritance Become Part of the Bankruptcy Estate?

Possibly. The Federal Bankruptcy code mandates that inheritances received within 180 days of a bankruptcy petition being filed are included in the bankruptcy estate. This equates to roughly 6 months ...
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Will my Chapter 13 Impact my Income Tax Refund?

Possibly. When an individual files for a Chapter 13 restructuring, he/she agrees to enter into a court-approved debt repayment plan for a certain amount per month. The debtor is required to pay this ...
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What Happens if I Change my Name During a Bankruptcy?

People change their names for many reasons. Marriage, adoption and divorce are just a few reasons why an individual would change his/her name. If a debtor changes his name during the bankruptcy ...
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Can I Move During a Bankruptcy?

Yes. Moving within the state should not affect your bankruptcy proceeding. As with all of your personal information, the trustee for your case should be alerted immediately of your new contact ...
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What Happens if you forget to list a Creditor?

The goal of personal bankruptcy is to obtain a discharge, which is absolves a debtor of his/her legal obligation to pay a debt. In light of this goal, two problems are presented when a creditor is ...
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