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Who can file for bankruptcy in Idaho?

Who can file for bankruptcy in Idaho?

Federal bankruptcy law is written to permit everyone an opportunity to file bankruptcy.  There are no minimums in debt, no maximums of income, but there are a number of things to consider in Idaho.  Not everyone needs a bankruptcy.  It is a frequent...

What About a Deficiency Claim?

What About a Deficiency Claim?

I have written on how bankruptcy can stop and stall a foreclosure so that a person can keep their home in the face of losing it. However, sometimes a debtor does not know some of their rights before the foreclosure and then lose their home. Idaho does not give the...

Can Bankruptcy Stop a Foreclosure?

Can Bankruptcy Stop a Foreclosure?

The answer is a resounding yes. However, bankruptcy must be catered to your specific needs and will really only be available through a Chapter 13 Bankruptcy Plan. But this is a very powerful tool to help save your home from foreclosure and require the bank to work...

What is an Automatic Stay?

What is an Automatic Stay?

One of the powerful ways in which bankruptcy can help anyone, whether small or big, is the "automatic stay". It is powerful medicine for curing almost all the initial problems that come with insolvency; namely, the harassing phone calls, the constant threats of...

Am I Forced to Give Up My Tax Refund?

Am I Forced to Give Up My Tax Refund?

The season has mostly passed, but for future reference, I thought I better give some information about tax refunds and bankruptcy. Under bankruptcy law, all tax refunds owed to you are part of the bankruptcy. If you are entitled to receive a tax refund while the...

Am I Required to do Credit Counseling?

Am I Required to do Credit Counseling?

Before an individual can file bankruptcy, that person is required to complete a "credit counseling course". If a is couple filing, both individuals are required to complete the course. The course must be completed within 180 days before the filing of the bankruptcy,...

Do I Get to Keep Some of My Property?

Do I Get to Keep Some of My Property?

When an individual files for bankruptcy, especially a Chapter 7, there is a concern that the debtor will lose all their property. A debtor is allowed by law to retain certain property (called exemptions) under the bankruptcy code. Even more appealing is the fact that...

Do I Have to List All Property?

Do I Have to List All Property?

I received a question about a potential inheritance. This person knew that a Trustee could pull in property received after a bankruptcy, but asked how the Trustee would know. I thought I would present this post since I get asked similar questions all the time about...

What About Divorce?

What About Divorce?

I regularly have questions about what happens in bankruptcy when part of the debts belong to an ex-spouse by a divorce decree and yet the creditor is still coming after this ex-spouse. Hopefully I can help flesh out the answers and variations in this post....

What About Debt Consolidation?

What About Debt Consolidation?

We hear regularly that people are going to try debt reduction or consolidation before taking the last steps to bankruptcy. Even after visiting with them for a time, it becomes clear that reduction or consolidation services will be of little value. Here are some things...

How Does Bankruptcy Help in Credit Scores?

How Does Bankruptcy Help in Credit Scores?

We constantly hear about how people wish to avoid filing for bankruptcy because of the detrimental effect it will have on the person's credit rating. Let's dispense with some bogus notions out there. I hope to answer a few of these questions here in this post. This...

Must I Have an Attorney?

Must I Have an Attorney?

Bankruptcy is the same in Idaho as it is everywhere else in the United States because it is a power only given to the national government. Sometimes, many feel they can dispense with an attorney because there are plenty of online tools to help file a bankruptcy by...

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