Insights & Analysis

Bankruptcy Can Happen to Anyone

Bankruptcy Can Happen to Anyone According to the United States Supreme Court, “The primary purpose of bankruptcy is to…relieve the honest debtor from the weight of oppressive indebtedness and permit him to start afresh free from the obligations and responsibilities consequent upon business misfortunes.” Williams v. United States Fidelity & Guaranty Co., 236 U.S. 549, […]

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Overview of the Bankruptcy Process

Overview of the Bankruptcy Process Bankruptcy is for everyone’s benefit In economist Adam Smith’s book, Wealth of Nations, he uses the phrase “invisible hand” metaphorically to demonstrate how each person acting in his own interest combines to promote the good of the community. The same is true in bankruptcy proceedings. For debtors, the bankruptcy process […]

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Bankruptcy (For Debtors Only)

Bankruptcy (For Debtors Only) The decision whether to file for bankruptcy is often fraught with fear and shame. It doesn’t need to be. In fact, it shouldn’t be. Consider this: If Thomas Jefferson filed for bankruptcy protection (and he did), it might behoove you to toss out the moral guilt and consider your situation anew. […]

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FAQs for Individual Debtors

FAQs for Individual Debtors Where can I get basic information How much does bankruptcy cost? Do I need to pay the entire fee up front? Can I file without my spouse? How long does it take? Will this affect my credit score? Is information about my bankruptcy case publicly available? What if I don’t qualify […]

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What Must a Chapter 13 Plan Do?

What Must a Chapter 13 Plan Do? When a debtor cannot file for bankruptcy under Chapter 7, either because he cannot pass the means test, because of a too recent prior bankruptcy, or other reason, he usually will file for protection under Chapter 13 of the Bankruptcy code. Chapter 13 is somewhat like Chapter 7 […]

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