QDROs: Divorce Agreement Language is Key to a Successful QDRO

I first speak to most of my QDRO (Qualified Domestic Relations Order) clients after their divorce has been finalized. Usually the divorce was resolved by a carefully negotiated written agreement. However, when it comes to dividing retirement benefits (often the largest assets to be divided), divorce attorneys sometimes opt for generic agreement language. Perhaps these … Continue reading QDROs: Divorce Agreement Language is Key to a Successful QDRO

Can I File For Bankruptcy if I Received a Discharge Previously?

While no one wants to be in the position of filing multiple bankruptcies, sometimes circumstances of medical debt or job loss can cause debt to mount again. Here's what you need to know if you may need to file and have previously received a bankruptcy discharge: The key moment when calculating dates is the case … Continue reading Can I File For Bankruptcy if I Received a Discharge Previously?

Cryptocurrency: Can the Bankruptcy Trustee Take My Bitcoin?

More people than ever are investing in cryptocurrency. Increased accessibility has made this category of volatile asset intriguing even to some that are technologically averse. As I write this, Dogecoin is hitting new highs, while one Bitcoin is valued at over $60,000 and hundreds of other "altcoins" are bought and sold on exchanges such as … Continue reading Cryptocurrency: Can the Bankruptcy Trustee Take My Bitcoin?

Is Your Stimulus Check Protected in Bankruptcy?

As of mid-March 2021, a new round of stimulus payments from the federal government is being deposited into bank accounts. While not explicitly protected in bankruptcy by the 2021 bill, it is very likely that these funds will be considered to not be property of the bankruptcy estate (not subject to the bankruptcy trustee's control) … Continue reading Is Your Stimulus Check Protected in Bankruptcy?

How To Afford Bankruptcy Attorney Fees When You’re Broke

"If I had the money to pay you, I wouldn't be in this mess!" That's something that all bankruptcy attorneys hear, and while usually not true (I don't charge nearly enough for that amount to be able to fix my clients' finances), it's a sensible feeling. Money is the problem, and to fix that problem … Continue reading How To Afford Bankruptcy Attorney Fees When You’re Broke

COVID “Relief” Bill Offers Little For Individuals

Some of my potential clients have been expressing hope that Congress would deliver substantial relief that would allow them to stave off bankruptcy. Unfortunately, it appears that the current relief bill will only offer minimal help for individuals. The most relevant provisions for my clients are the $600 direct relief payment and the $300 increase … Continue reading COVID “Relief” Bill Offers Little For Individuals

Chapter 7 Meeting of Creditors – What Will the Trustee Ask?

The Chapter 7 Meeting of Creditors (a/k/a the 341 meeting) takes place about a month after the case is filed. At this meeting, the trustee assigned to the case asks questions of the filer relating mostly to assets and transfers. Most of the questions are a review of information already provided in the filed bankruptcy … Continue reading Chapter 7 Meeting of Creditors – What Will the Trustee Ask?