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Category Archives: Bankruptcy

Chapter13

What Happens When You File Chapter 13 Bankruptcy?

By Bentz Holguin Law Firm, LLC |

The short answer to this question is easy. When you file Chapter 13, or any other form of bankruptcy, you get a fresh start, as the Supreme Court confirmed once again in 2023. But the legal bankruptcy process goes far beyond filing paperwork. If the case isn’t filed properly, or is filed at the… Read More »

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TaxFile

Can You File Bankruptcy on IRS and State Taxes?

By Bentz Holguin Law Firm, LLC |

Many Illini are behind on their taxes, mostly because the era of the pure 9-to-5 job is gone. In the United States alone, freelancers now earn more than $1.3 trillion per year. Since this income is uneven, it’s easy to fall behind on estimated tax and other such payments. Taxing authorities, especially in cash-strapped… Read More »

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BankruptcyFiling

How Are Chapter 7 and 13 Bankruptcies Similar?

By Bentz Holguin Law Firm, LLC |

Overall purpose might be the biggest similarity between Chapter 7 and Chapter 13 bankruptcy. Both federal debt relief programs offer a fresh start to honest yet unfortunate debtors. Honest debtors have pure motives when they accurately complete and file all bankruptcy forms and other paperwork. Unfortunate debtors usually have excessive debts primarily because of… Read More »

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MoneyGavel

Bankruptcy and House-Buying: What You Should Know

By Bentz Holguin Law Firm, LLC |

Most mortgage banks follow the Fannie Mae rules, which include a two- or four-year waiting period for a home mortgage that applies in most cases. Usually, the clock begins ticking after the judge issues a dismissal or discharge order. Generally, Chapter 13 filers must wait two years and Chapter 7 filers must wait four… Read More »

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Bankr16

Does Bankruptcy Affect Your Security Clearance?

By Bentz Holguin Law Firm, LLC |

Although most people believe the answer to this question is “yes,” the B-word does not appear in Guideline F of DoD Directive 5220.6, the relevant document in these situations. However, Guideline F does touch on a number of bankruptcy-related matters. It simply says some very unexpected things about the relationship between bankruptcy and a… Read More »

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CarShopping

If I File Bankruptcy, Can I Buy A Car?

By Bentz Holguin Law Firm, LLC |

Absolutely, and it’s a good thing too. Most new cars last about 175,000 miles. At 15,000 miles per year, a typical mileage rate for Chicagoland, that’s a little over eleven years. So, in some cases, a debtor might need another vehicle during bankruptcy. Assume Phil drives a ten-year-old car when he filed Chapter 13… Read More »

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Bankr22

Why Does A Person File Bankruptcy?

By Bentz Holguin Law Firm, LLC |

The simple answer is people file bankruptcy because they owe more than they can pay. Generally, if you spend more than about a third of your income on mortgage debt, credit card debt, and other fixed monthly obligations, that’s too much debt to comfortably repay. Families in this situation have basically two choices. They… Read More »

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Debt7

How Can I Get My Debt Reduced?

By Bentz Holguin Law Firm, LLC |

Consumer debt spiked in 2022 to over $16 trillion. Because so many people are stretched so thin, seemingly minor issues, like a temporary income disruption, make a manageable debt load unmanageable. A missed payment or two is almost impossible to make up. Usually, Chapter 7 or Chapter 13 bankruptcy is the best way to… Read More »

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Bankr21

Chapter 7 Bankruptcy Explained

By Bentz Holguin Law Firm, LLC |

Financial emergencies that are almost completely beyond their control, like high medical bills, prompt most bankruptcy filings. Unexpected storms on lakes and oceans often cause sailors to lose control of their boats. Likewise, unexpected storms, like high medical bills, job loss, or divorce, cause many people to lose control of their finances. These storms,… Read More »

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Bank9

What Is The Best Interest Of Creditors Test For Chapter 13?

By Bentz Holguin Law Firm, LLC |

The formal, written bankruptcy exemptions in Illinois protect most core financial assets. So, the idea that people who file bankruptcy lose most or all of their property is largely a myth. But most of these exemptions are value-based. For example, the motor vehicle exemption protects $2,400 of motor vehicle equity. Informal exemptions, such as… Read More »

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