It is always important to try to stay one step ahead of events. In terms of present day issues, the jobs reports are not looking good, according to a recent Boston Globe article. What this means is that, as stated in prior blogs, if there is any possibility of a problem of cash flow or insolvency, the best thing is to recognize it and plan early. A consultation does not mean that you are filing bankruptcy. It means that you are looking out for options and planning. Waiting too long to plan can effectively eliminate the opportunity to plan.
Knowledge is power. Contact Us if you have any questions.
Bankruptcy To Be Filed? What About Timing?
Is there always a reason to hurry up the bankruptcy filing? Does the timing of a filing matter? Timing depends upon your objectives, and filing quickly sometimes is important when the client needs protection from creditors right away. This happens when one is trying to stop an impending foreclosure sale, a wage garnishment, or seizure of a bank account. When creditors are moving to seize assets, immediate bankruptcy protection may be needed.
But when the creditors are not threatening immediate action, waiting is something the answer. This may be the case in various circumstances:
- Tax Debts. Income taxes are generally nondischargeable in bankruptcy, but there are critical exceptions, and most depend upon timing of the bankruptcy filing. You may have to wait a short while, or as much as 3 years so that taxes may become dischargeable. It is sometimes worth the wait.
- Assets. The amount of assets that someone in bankruptcy may protect may vary from state to state. If your assets are worth substantially more than you can protect, this you may have to take the time to legitimately utilize your assets for your benefit today, rather than to lose them in a bankruptcy. As a result of doing so, you may need to wait to file bankruptcy fro a period of 1 to 10 years, depending upon the facts involved. However, with proper planning, it will be worth it.
- Asset Transfers: If you have transferred assets – your home, cash, stock, or vehicle – to a trusted friend or family member to keep it out of the hands of creditors, this creates timing issues. This frequently happens when individuals are being pursued by creditors and are afraid that the creditors will seize their property. This creates a need to wait before filing bankruptcy.
Just like all things in life, timing can be everything. It is always best to file a bankruptcy case when you and your lawyer have considered all the possibilities.
Knowledge is power. Contact us for answers to your questions.
It is fairly commonly known to divorce lawyers and bankruptcy lawyers that the stresses of one form of issues faced by clients (divorce or bankruptcy) can and often does lead to the other situation. Certain factors are obvious, such as the post-divorce requirement to support two households on the same pre-divorce income. Similarly, the financial stresses leading to bankruptcy can and do often take their toll on personal relationships, thus leading to divorce. In any event, there is a good article about preparing yourself for some of these issues.
Remember, as we say, knowledge is power. Contact us to discuss your issues.
Well, it appears that the number of cases being filed in 2012 is down from 2011. This is based upon information in a report issued by the US Courts through March 2012.
What does it mean? Unemployment is still up. Real estate prices are not going up as foreclosures continue to rise in order to relieve the backlog of distressed properties on the market, as stated in a recent article. Although interest rates are down, that is little help when there is no equity in properties
The reality may be tough for anyone. There is still a long way to go. If there are questions that we can answer for you, please contact our office.
Knowledge is power.