Archive for May, 2014

The Extraordinary Tools of Bankruptcy: Avoid Paying Your Ex-Spouse Most of Your Property Settlement Debts – Logan, Utah

Please fill out our free online intake form for a free consultation of up to a half an hour.   You can access the form here:  Free Consultation Form. Chapter 13’s “super discharge” means that you can avoid paying much of, or even all of, any non-support debts included in your divorce decree. What’s a “Discharge”? When a debt is discharged, the creditor is legally forbidden to take any action “to collect, recover or offset any such debt.” See Section 524 (a)(2) of the Bankruptcy Code. The goal of most consumer bankruptcy cases is to discharge all debts, or as…

The Extraordinary Tools of Bankruptcy: Taking the Bite Out of an IRS or Utah Income Tax Lien on Nondischargeable Taxes

Chapter 13 helps minimize the effect of a tax lien on older tax debts. But it also does wonders with newer taxes that can’t be written off.                                 Chapter 7 and Chapter 13 Dealing with a Dischargeable Tax with a Tax Lien In the last blog post we explained the hugely beneficial way that Chapter 13 “adjustment of debts” can resolve a recorded income tax lien on a tax that could otherwise be discharged (legally written off) in bankruptcy. Although Chapter 7 “straight bankruptcy” can discharge that underlying tax debt, it does not help at all with the surviving tax lien.…

The Extraordinary Tools of Bankruptcy: Taking the Bite Out of an Income Tax Lien or a Utah State Tax Lien

Bankruptcy can prevent a tax lien from being recorded. But even if one IS recorded before you file, Chapter 13 can particularly benefit you.              Secured and Unsecured Debts The power that a debt has over you turns a lot on whether or not that debt is secured by anything your own. For example, if a debt is secured by your vehicle or your home, that vehicle or home is collateral on that debt. In most situations you have to either pay the debt or you will lose the vehicle or home. The Effect of an IRS or State Tax Lien

The Extraordinary Tools of Bankruptcy: Wage Garnishment after Filing Bankruptcy, under Utah’s amended Exemption for Wages

Almost all paycheck garnishment is illegal from the moment your bankruptcy case is filed. Here’s what to do in the rare event it happens.  

Pre-Bankruptcy and Post-Bankruptcy Garnished Money Our last blog post was about what happens when a garnishment happens during the 90 days before you file bankruptcy. Today we talk about garnishments that happen immediately after filing. Can Your Paycheck Be Garnished After You File Bankruptcy? Almost never. Virtually all paycheck garnishments are stopped by the “automatic stay,” the federal law preventing the continued collection of debts after you file bankruptcy. The automatic stay goes into effect immediately…

Henderson Law Offices Announces New Service — Financial Coaching

For our clients, current, prospective, and former.   We have been sponsoring Dave Ramsey’s Financial Peace University for three years now.  We have learned a lot about his program and how it works for our bankruptcy and debt relief clients.  We want to put this information to work for our new and former clients.  We have now implemented a flat fee structure that gives financial coaching options to our bankruptcy and debt relief clients.  They will also be available as stand alone products.   Part of the genius of Dave Ramsey’s program is having an accountability partner as well as a group…

The Extraordinary Tools of Bankruptcy: Recovering Money After It’s Garnished in Logan Utah

If you lost money through garnishment during the 90 days BEFORE filing bankruptcy, that money may be returned to you or a favored creditor.                                 Pre-Bankruptcy and Post-Bankruptcy Garnished Money Whether a creditor grabbed some money from you by garnishment before or after you file bankruptcy determines how you could go about getting it back. Today’s blog post is about garnishments before filing bankruptcy. The next one will be about garnishments that happen after filing. The Extraordinariness of “Preferences” In most respects bankruptcy focuses on your present financial circumstances and, especially with Chapter 13, on your future. Bankruptcy does not care…

The Extraordinary Tools of Bankruptcy in Utah: Make Your Creditor Pay Back Money Taken from You

Filing bankruptcy doesn’t just stop creditors’ present and future collection efforts against you. It might recoup money you’ve already lost.   The last blog post was about the “automatic stay,” the powerful tool for stopping virtually all actions against you by your creditors. This tool goes into effect immediately when your bankruptcy case is filed. But what if a creditor grabbed a bunch of your money, or some other asset, in the hours, days, or weeks BEFORE you filed bankruptcy? In certain circumstances the creditor can be forced to give up even such previously taken money or asset. Fairness Among Your

The Extraordinary Tools of Bankruptcy in Utah: The “Automatic Stay”

Filing bankruptcy quickly and thoroughly protects you, your money, and everything else you own.   Extraordinary Protection The automatic stay is amazing. Every one of the 50 states has a complicated set of laws and procedures that dictate how and when a creditor can pursue a debtor. These laws and procedures determine in detail what it takes to sue and get a judgment, to garnish wages and bank accounts, to repossess vehicles and other collateral, and to take any other action by which debts can be collected. But even if a creditor is following your state’s collection laws to the letter,…