The Bankruptcy Blog

When to Consider Filing Bankruptcy

In most cases, the very last thing any person wants to do is file for bankruptcy protection.

In many cases, an average person will wait two years longer than he or she should have to file bankruptcy.

Don’t rearrange the furniture on the Titanic. Instead, realize it may be time to jump ship.

You may stop answering your telephone — because you know it’s just another bill collector. You may stop opening your mail — because you know it’s just another bill. You could be parking your car around the block, or on a different street — because you’re afraid it will be repossessed. You may even jump when the doorbell rings — because you know it may be a process server with a lawsuit or garnishment in hand.

Most people know when it’s time to consider bankruptcy, but they put it off anyway. Here are several indicators that you should consider bankruptcy as a tool for getting your finances back on track:

•  Have you stopped paying bills? If you can’t pay a debt, why ignore it? In the meantime, you’re hurting your credit history and collecting interest and late fees.

•  Going through a home foreclosure or car repossession? These events, not a bankruptcy, are what will truly devastate your credit. Moreover, your creditor will file a lawsuit down the road to recover the deficiency from the resale of home or vehicle.

•  Getting hit with a garnishment or a tax levy? If it takes a court order to force you to repay a creditor, then it is very likely you are unable to pay that creditor. Garnishments usually take many years to fully satisfy a debt.

•  Making only minimum payments? If you have more debt than you can pay off in the foreseeable future (or worse, you’re borrowing more from Peter to pay Paul), it’s time to either restructure (Chapter 13) or eliminate (Chapter 7) your debt.

Ask yourself whether you want more of the same — dread and fear — or whether you want to take control of your future and deal with it. Ignoring your debt won’t make it go away.

If you are considering filing bankruptcy in Northern Virginia, call Lee Legal at (703) 879-2870 or (202) 448-5136 in Washington, D.C. for a free consultation.

What is the Chapter 13 bankruptcy “liquidation test?”

If you have a significant asset or assets, such as equity in your home, you may want to file a Chapter 13 bankruptcy instead of a Chapter 7 bankruptcy in order to protect the asset from liquidation.  In Chapter 7, the main goal of the trustee is to identify and sell (or “liquidate”) your unexempted assets. Most people who file personal bankruptcy are able to exempt all of their assets.

If you do have unexempt assets, however, you may choose to file a Chapter 13 bankruptcy. One of the main requirements of a Chapter 13 is that your creditors must be paid at least as much money through your Chapter 13 Plan as they would have been paid had you filed a Chapter 7 petition. This is called the “liquidation test” and it can be found at 11 USC § 1325(a)(4).

The amount payable to creditors in a Chapter 7 case largely depends upon the total value of your assets and whether we can exempt them using your jurisdiction’s exemption laws:

•  Virginia bankruptcy exemption laws

•  Washington, DC bankruptcy exemption laws

•  Federal bankruptcy exemption laws (also available in DC)

When you meet with your attorney, it is vital that you fully and accurately disclose all of your assets and all of your debts, so you can receive the very highest quality advice. If you are facing financial difficulty, contact a Virginia bankruptcy attorney at (703) 879-2870 or a Washington DC bankruptcy attorney at (202) 448-5136.

Virginia Bankruptcy Attorney

I have an updated profile at Thumbtack as a Virginia Bankruptcy Attorney. If you are interested in filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, call my Alexandria office at (703) 879-2870 or a free consultation.

I’m also listed at Lawyer Central:
District of Columbia Lawyers

Do Not Run Up Your Credit Cards Before Bankruptcy

Chapter 7 bankruptcy is an excellent option for those who have accumulated large credit card debts. But if you run up the bills on your credit cards just before you file, you may be found to have committed bankruptcy fraud. Both your credit card companies and the bankruptcy trustee assigned to your case will carefully review all of your most recent purchases.

The applicable Bankruptcy Code is 11 U.S.C. 523.  Here are a few guidelines to follow:

1. Don’t purchase “luxury goods or services” within 90 days of filing bankruptcy.  Debts considered to be luxury goods and aggregating more than $500 are nondischargeable, which means that the debt will survive the Chapter 7 bankruptcy discharge and you will still owe the debt.

Rack Up Credit Cards2. Don’t take out cash advances within 70 days of filing bankruptcy. Cash advances aggregating more than $750 from a single creditor within 70 days before filing bankruptcy are presumed nondischargeable. Even if you take less than this amount, cash advances are looked at with special scrutiny, and may be determined to be nondischargeable even if you take less than $750.  It is better not to take cash advances from credit cards at all within several months before filing a Chapter 7.

3. You may use credit cards for purchases reasonably necessary for the support or maintenance. Credit card purchases made within 90 days of filing bankruptcy but that are necessary for the health and welfare of you or your family are considered dischargeable, which means that the debt will be wiped by the Chapter 7.  Food and groceries, prescriptions and medical supplies, gas and other reasonable purchases can in most cases be discharged.

You can’t borrow your way out of debt. Once you have made the decision to file for Chapter 7 bankruptcy protection, in most cases you should stop your using your credit cards to avoid being stuck with the debts you rack up before filing. Living without credit can be hard once you’ve become accustomed to it. If you are considering filing bankruptcy, call Lee Legal for a free consultation.