Memphis TN Legal Blog

Bankruptcy doesn't mean you will lose your house

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Wednesday, April 3, 2019.

The financial circumstances people experience are often largely out of their control. No one decides to become sick with a severe and debilitating condition that keeps them from working. Similarly, no one hopes to wind up in a car accident that leaves them with injuries and major bills. There are countless scenarios that people encounter that leave them financially overextended and struggling with debt.

While you should do your best to repay any amount of money you borrow, sometimes predatory lending and unfortunate circumstances combine in a way that leaves people unable to meet their financial obligations each month. For those struggling to make ends meet, bankruptcy is the simplest solution for handling most forms of unsecured debt.

Think twice before hiding assets in a bankruptcy filing

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Wednesday, February 6, 2019.

Many debtors hold off on filing for bankruptcy because they fear that their assets will be seized and sold to pay off their creditors. It's a reasonable fear, and also true that some assets may be subject to seizure and sale.

However, it is also possible for debtors to hold onto much of their property in a bankruptcy. For instance, if you file for Chapter 13 bankruptcy, there is no asset seizure and additional time to pay off your creditors. But even when filing a clean-slate bankruptcy Chapter 7, many assets may be exempt from seizure.

How bankruptcy protects you from ongoing creditor harassment

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Wednesday, December 12, 2018.

Once you fall behind on your credit card bills, mortgage, car payments or utilities, you will start getting letters from your lenders. If you do not respond to those letters with payment in full, your creditors will start to take more aggressive actions. Typically this would involve either turning the account over to an internal collections department or, worse, selling your debt to a third party collection agency.

Once an account goes into collections, it can become a significant source of stress for the borrower. Collection agents have to adhere to laws about their behaviors, but they will push the issue as far as they can without incurring legal risk. They may call you at inconvenient times or places, such as your place of work.

Bankruptcy can put a stop to pending wage garnishment attempts

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Wednesday, October 17, 2018.

When you fall behind on your bills, the end result can be a lot of stress. Many people find it nearly impossible to catch up after even a few months of missed or late payments.

Your creditors will often do just about anything to get what they feel is owed to them, even if they have tacked on hundreds of dollars worth of fines, fees and penalties to your account. The end result can be a lot of stress over a financial situation that you no longer have control over.

Living on a shoestring budget might avert bankruptcy

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Friday, August 24, 2018.

Let's face it — life is full of curveballs. Many of those seem to occur in the financial sector of our lives, and sometimes we aren't as well-prepared as we should be.

If your economic situation is in free-fall, the following tips might help you avoid filing for bankruptcy:

Don’t put off bankruptcy relief if you need it

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Tuesday, July 3, 2018.

When it comes time to consider a bankruptcy, many people prolong their suffering simply because they "aren't ready" to commit to the process. The power of a bankruptcy is very strong, and may provide exactly the relief that you need, but the longer you put it off, the longer you must wait for it.

At the same time, you may actually hurt your future financial security by waiting to begin bankruptcy. Many people do not realize that bankruptcy restrictions often allow them to keep much of their property and income at the time of the bankruptcy, and may not affect a person's ability to receive income or gain property once the bankruptcy begins.

Chapter 13 bankruptcy and exempt property

On behalf of Philip Counce of The Law Offices of Philip F. Counce on Thursday, May 10, 2018.

If you qualify to file for debt reorganization under a Chapter 13 bankruptcy, you may enjoy a number of advantages that individuals who file for other forms of bankruptcy do not. Unlike Chapter 7, which focuses on liquidating assets to allow a debtor with little or no income to discharge his or her debts, Chapter 13 allows those who have income to repay debts at a more manageable pace, potentially discharging some portion of the debt.

One of the most attractive aspects of a Chapter 13 bankruptcy is that the procedure allows those who qualify to keep their personal property, as long as they can complete the repayment plan while abiding by its particular restrictions and timelines. If you suspect that Chapter 13 may resolve your financial difficulties, do not waste any time moving forward. The sooner you begin your own Chapter 13 procedure, the sooner you can get out of debt and back on track, all while maintaining ownership of your property.

Can you discharge tax debt through Chapter 7?

On behalf of Philip Counce of The Law Offices of Philip F. Counce posted in blog on Monday, March 12, 2018.

Tax debts can sideline anyone, even those who take great care with their finances. Not only does a significant tax debt pose serious threats to a person's financial world, the government is a formidable force with significant power and reach to recover what the debtor owes. If not handled properly, a person may find that he or she has a very serious financial problem without many clear paths out of hardship.

Fortunately, it is possible to discharge many tax debts through a Chapter 7 bankruptcy. If you or someone you know faces a serious tax burden and needs relief, you should consider the opportunities that Chapter 7 may offer you. While bankruptcy does entail some significant restrictions on your financial behavior, it may provide exactly the help you need to get back on track and out from under the thumb of the government.

3 benefits of Chapter 13 bankruptcy

On behalf of Philip Counce of The Law Offices of Philip F. Counce posted in blog on Tuesday, January 16, 2018.

You might think that the decision to choose Chapter 7 bankruptcy over Chapter 13 is obvious. After all, wouldn't it be better to resolve all of your debts quickly, simply by selling off some of your assets, as opposed to the long, drawn out debt payoff process associated with Chapter 13?

This is not necessarily the case. Particularly if you own a business, luxury items or a home that you don't want to risk selling off, Chapter 13 could be a great option to set up affordable, monthly payments that -- once you've made them on time over a three to five year period -- will serve to resolve any remaining debts covered by the bankruptcy.

Bankruptcy could be your answer to foreclosure

On behalf of Philip Counce of The Law Offices of Philip F. Counce posted in blog on Thursday, November 16, 2017.

If you are falling behind on your mortgage payment for your Memphis home, you are not along. Americans all across the country have found themselves in a downward spiral of debt that includes foreclosure notice. While some lenders will make an effort to work with you to get back on track with your payments, many others will not. Instead, the lender will foreclose on the house and sell it at auction in an attempt to cover the original loan and any other costs associated with the home.

In most instances, the bank will not issue a foreclosure notice until the debtor is two to three months behind on payments. This means that if you have only missed one mortgage payment, you might have time to look into your debt relief options. If you have already explored possible solutions and cannot find one that suits your needs, it might be time to consider bankruptcy.

Bankruptcy doesn't mean you will lose your house

Think twice before hiding assets in a bankruptcy filing

How bankruptcy protects you from ongoing creditor harassment

Bankruptcy can put a stop to pending wage garnishment attempts

Living on a shoestring budget might avert bankruptcy

Don’t put off bankruptcy relief if you need it

Chapter 13 bankruptcy and exempt property

Can you discharge tax debt through Chapter 7?

3 benefits of Chapter 13 bankruptcy

Bankruptcy could be your answer to foreclosure

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