Bankruptcy & Debt

Bankruptcy and debt law covers issues such as foreclosure, loan payments (credit cart debt, student loans, medical bills), repossession, wage garnishment and the declaration of bankruptcy when debts become impossible to manage.

Bankruptcy is the first step a person or business makes towards financial health is debt management. If the debt is too large to overcome, Bankruptcy helps people and businesses who are unable to pay their bills to those they owe. It wipes away much or all of their debt and gives them a fresh start. Chapter 7 and Chapter 13 of U.S. Bankruptcy Code are frequently used for personal bankruptcy and Chapter 11 for business filings. Under Chapter 7, the debtor’s non-exempt property is sold and the proceeds are distributed between the creditors. Under Chapter 13, the debtor keeps the property and a “reorganization plan” is created to pay creditors over the next 3-5 years. It is prudent to obtain legal advice from a bankruptcy attorney or debt specialist before deciding to file for bankruptcy. A bankruptcy filing can stay on your credit report for up to ten years.

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Michael Wechsler
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When individuals do not pay their bills, the creditor who holds their debt can get a court order to have their wages or property “garnished.” The creditor, with assistance from the court, can compel the debtor’s employer to withhold a portion of the employee debtor’s paycheck to be paid directly...
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