Do not liquidate your retirement accounts to pay off debt that can be discharged in bankruptcy. Retirement accounts enjoy broad protections in a bankruptcy so it is not a good idea to cash them out. Do not take out an HELOC to pay off credit card debt that can be discharged in bankruptcy. Remember that credit card debt is unsecured debt meaning it is secured only by your signature, not collateral, a home or a car. If you pay off credit card with a HELOC, you not only risk losing your home if … [Read more...]
Bankruptcy’s Automatic Stay Keeps Creditors at Bay
If you are facing an eminent home foreclosure or fear your car will be repossessed any day, it is possible to stop creditors from acting by filing an emergency petition. Filing an emergency petition will result in a federal court order called an 'order for relief/automatic stay' which can protect you from certain actions by your creditors. The emergency petition requires less initial documentation to expedite the process, but you will need to submit a complete filing within a specified time … [Read more...]