Filing for Bankruptcy: What Can You Protect?

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If you watched the video above, you know that your tax refund can be taken if you file for chapter 7 bankruptcy. I would not be a good Florida debt relief lawyer if I didn’t also explain what you can do to protect that refund. The method is not complicated: Wait to file for bankruptcy. That’s it.

By "bankruptcy," most people mean filing under Chapter 7 of the bankruptcy code. This is the so-called straight bankruptcy, in which debts can be discharged (gotten rid of). Certain types of debt cannot be discharged in Chapter 7 quite so easily, however. Take note of these 8 exceptions before you decide to file Chapter 7 bankruptcy:

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You can only file under Chapter 7 once every six years, but you can repeatedly turn to a chapter 13 plan if there are more financial hardships and each filing will appear on your credit report. Bankruptcy court could convert your Chapter 7 case to a Chapter 13 bankruptcy .

Wages that you earned before you filed but didn’t receive until after you file are part of the bankruptcy estate. You may be able to keep wages earned before filing and received after filing if you can prove that you need the money for reasonable and necessary living expenses.

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Before you consider filing a Chapter 13 here are some things you should know: You must file all required tax returns for tax periods ending within four years of your bankruptcy filing. During your bankruptcy you must continue to file, or get an extension of time to file, all required returns.

Financial predators want to take advantage of you and make money off your misfortune. Here’s what you can do to protect yourself and avoid scams after you’ve filed for bankruptcy. Most people enter bankruptcy with the understanding it will be a while before they can borrow money again. However, it might not be as long as you think.

In every bankruptcy case, the debtor (the person who’s filing for bankruptcy) can protect property needed to get a fresh start using laws called exemptions. A typical exemption list will include basic household goods, clothing, tools of the trade (items you need in your profession), necessary medical equipment, a car, real estate, and other.

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