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Category Archives: Bankruptcy

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How to Get a 700 Credit Score After Chapter 7

By Bentz Holguin Law Firm, LLC |

The tips discussed in this post should help most former Chapter 7 debtors reach a 700 credit score, which is in the “good risk” range, within four years of discharge. This seemingly impossible goal is possible largely because, contrary to popular myth, a bankruptcy filing does not “ruin” a credit score. Since bankruptcy simply… Read More »

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What is the Student Borrower Bankruptcy Relief Act of 2024?

By Bentz Holguin Law Firm, LLC |

This proposed legislation would make student loans dischargeable in bankruptcy just like any other unsecured debt. But it faces an uncertain future. On September 30th, House Judiciary Committee Ranking Member Jerrold Nadler and Subcommittee on Administrative Law, Regulatory Reform, and Antitrust Ranking Member Lou Correa re-introduced the Student Borrower Bankruptcy Relief Act of 2024…. Read More »

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What are the Most Common Reasons for Bankruptcies?

By Bentz Holguin Law Firm, LLC |

Most people file bankruptcy because they want and/or need a fresh start. The Supreme Court has made it clear that this fresh start is available to honest yet unfortunate debtors. Honest debtors don’t have gambling debts or obligations related to illegal or illicit activities, like substance abuse or fraud. That’s why these debts usually… Read More »

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Over 60 and in Financial Peril? Read This Post.

By Bentz Holguin Law Firm, LLC |

Many people over 60 grew up with Puritan values, such as hard work and limited government. In terms of personal finances, these values mean pull your own weight and, if things go wrong, don’t expect a government bailout. Therefore, many people in this age group are extremely reluctant to file bankruptcy, even if there’s… Read More »

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Should I File Chapter 7 Bankruptcy?

By Bentz Holguin Law Firm, LLC |

If you have excessive unsecured debt, you should at least consider filing Chapter 7 bankruptcy. Credit card debt, the largest form of unsecured debt, plagues many Americans. When times get tough, or when unexpected expenses arise, many families charge living expenses on credit cards. With an average interest rate of 25 percent, the “charge… Read More »

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Chapter 7 vs. Chapter 13 Explained

By Bentz Holguin Law Firm, LLC |

Fundamentally, Chapter 7 and Chapter 13 are the same. Both kinds of consumer bankruptcy offer a fresh start to an honest but unfortunate debtor. Honest debtors are forthcoming about their financial situations and cooperate with court personnel, including the trustee (people who manage bankruptcies for judges). Unfortunate debtors file bankruptcy due to circumstances beyond… Read More »

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Can I Consolidate Credit Card Debt?

By Bentz Holguin Law Firm, LLC |

Most people need to do something about credit card debt. The average credit card debt load has increased to over $7,200 per cardholder. That’s more money than most families can comfortably repay. IN some cases, consolidating credit card debt is the best approach, especially if your credit card debt is significantly below the average…. Read More »

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Advanced Home Protection Loopholes in Bankruptcy

By Bentz Holguin Law Firm, LLC |

Illinois’ home equity exemption is different from many other bankruptcy exemptions. This exemption is value-based as opposed to item-based. So, it only protects a certain amount of home equity. Debtors who have lived in the same house for more than about fifteen years often have a substantial amount of equity in their homes. Furthermore,… Read More »

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Bankruptcy and Social Security Benefits: A Primer

By Bentz Holguin Law Firm, LLC |

Social Security benefits, whether disability-related or age-related, are 100 percent exempt in an Illinois bankruptcy. The same exemption applies to most other government benefits, such as federal VA disability benefits and state workers’ compensation benefits. The bankruptcy exemption doesn’t suspend offset rules, so debtors may not get to keep all their benefits. However, the… Read More »

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How Does Bankruptcy Affect My Security Clearance?

By Bentz Holguin Law Firm, LLC |

Contrary to popular myth, bankruptcy filings do not trigger security clearance revocation, denial, or other adverse action. Neither the government nor private entities, like employers or landlords, may discriminate against bankruptcy filers. However, a bankruptcy filing could trigger a DoD Directive 5220.06 inquiry. After notice and hearing, the DoD may take adverse action against… Read More »

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