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You Can Protect Your Tax Refund in Bankruptcy

Posted on Wednesday, January 20th, 2016 at 10:18 am    

protect-tax-returnThe beginning of the year is always the busiest season for filing bankruptcy. Nobody likes to think about their financial troubles during the holidays, and often the holiday spending that so many businesses rely upon is the same tipping point for balanced debt to begin spiraling out of control. But the beginning of the year is also when many people get tax refunds. If the tax refund can cover the credit card bills, disaster may be averted. But if not, Northern Kentucky debtors need to figure out how to protect that tax refund in bankruptcy.

In the Northern Kentucky and Cincinnati, trustees always watch for bankruptcies filed during the first half of the year that do not properly protect a tax refund. Although the debtor’s tax refund can be appropriately reported and exempted in a Chapter 7 or Chapter 13 bankruptcy filing, do-it-yourself filers or inexperienced attorneys often fail to complete this crucial step. If the tax return is not properly reported or exempted, the trustee can seize the refund and use it to pay creditors. It is therefore very important to get an experienced bankruptcy attorney to properly file and protect the tax refund.

How can the Tax Refund Be Saved in My Bankruptcy?

A tax refund must be listed as an asset in the bankruptcy filing, even if the tax return has not been filed yet and even if you don’t know how much the refund will be. A reasonable estimate of the refund must be given, although you can also say you don’t know exactly how much the refund is. Trustees in Chapter 7 or Chapter 13 carefully review refunds for debtors that have minor children. Having minor children causes the earned income credit to be applied, and this generally provides for a high tax refund. However, the entire earned income credit can be protected from the bankruptcy trustee – again, this is something only an experienced lawyer knows how to do properly!

Chapter 7 trustees in Northern Kentucky are typically more likely to be aggressive in pursuing a high tax refund than a Chapter 13 trustee, since the Chapter 7 trustee can seize the refund outright if it is not exempted properly. This is, in part, how a Chapter 7 trustee gets paid. In Cincinnati, both the Chapter 7 and the Chapter 13 trustees are fairly aggressive in pursuing tax refunds.

There is no specific exemption in the bankruptcy code for a tax refund, so the wildcard exemption has to be used. In Cincinnati, this is a big problem because the wildcard (or miscellaneous) exemption used in Ohio is small. In Northern Kentucky, this is less of a problem because Kentucky law allows debtors to use the federal wildcard exemption. The federal wildcard exemption is very large and most tax refunds will be protected by it.

However, in Kentucky the federal wildcard exemption is also used to cover many other assets, such as the money in the debtors’ bank accounts, any firearms in the home, and any equity the debtor has in a second car. Thus, it is possible that, without proper legal advice, even a modest tax refund could go beyond the limits of the exemption and be taken by the trustee.

How Can Lawrence & Associates Help Protect My Refund?

Experienced bankruptcy lawyers make a big difference. In our consultations, Lawrence & Associates will explain how your tax refund can be spent on reasonable and necessary household expenses to protect it from seizure by the trustee. The lawyers at Lawrence & Associates have spent years learning exactly which expenses can be used to offset the tax refund and which cannot, thus avoiding the risk that the trustee will take the refund or delay the bankruptcy. Details matter, and our attorneys and paralegals are trained to find the details in your life that keep thousands of dollars of tax refunds in your bank account. Lawrence & Associates has been very successful over the years at putting money back in our clients’ pockets by offsetting their tax refunds with our attorney’s fees and thus protecting the debtor’s hard-earned cash from seizure by the Chapter 7 trustee.

You should not put off filing for bankruptcy if your debts cannot be repaid under your current interest rates, or if you are behind on payments and in danger of being sued or having a vehicle repossessed. Lawrence & Associates can help Northern Kentucky and Greater Cincinnati clients protect their assets. We are Working Hard for the Working Class. Call us today and learn how we can help you!


A Debt Collector Threatened Me with Fraud and Jail. Can They Do That?

Posted on Tuesday, October 13th, 2015 at 3:01 pm    

jailcellLawrence & Associates has told you before about creditor harassment, and with a list of things the creditor can and cannot do. We’ve also talked repeatedly about illegal scams where someone calls and pretends to be a debt collector in order to swindle you out of money. This post is slightly different. Here, we talk about the debt collector’s threat of fraud and related threat of jail time. Fraud allegations are different because a debtor really can go to jail for actual fraud. However, because debt collectors generally don’t understand the real meaning of the word fraud, the threat of jail time for fraud charges is almost never a real concern for every day debtors like you. Here’s why:

What Is Fraud?

So what separates an average joe who can’t pay his credit cards on time from a criminal who is defrauding business of its hard earned money? In a word, intent. One must actually intend to commit fraud, because a necessary element of fraud is the knowledge that a representation made is false. For judges and prosecutors, there is no question that someone has not committed fraud simply because they find themselves unable to pay their bills. The real question is whether the person with the unpaid bill, at the time he or she took out credit, knew that the debt would never be paid back. As a practical matter, that is difficult to prove in the context of taking out a loan. It is one thing to show that a bad check was written when the check writer knew the account balance was too low. It is another thing entirely to say that someone signing for a loan never intended to pay it back. None of us have a crystal ball.

As a practical matter, most creditors don’t even try to prove fraud. The bar is simply too high, and the likelihood of winning too small. Further, the fact that some debts won’t be paid back is factored into the creditor’s business model. That is why credit card companies and banks are billion dollar businesses despite the bankruptcies filed on their loans every day. Rather than prove fraud, these companies simply sue for money. The difference is profound. Fraud is criminal and involves jail time. A civil suit for money is a matter of a garnishment or lien against property.

There Is a Way Out of Crippling Debt

Debt Consolidation Companies aren’t always a solution, but bankruptcy is always the nuclear option to debt problems. Although you don’t have to worry about debtor’s prison or fraud, you do need to worry about your credit score, your debt-to-equity ratio, and many other variables that determine the kind of life you live. Although it is counterintuitive, bankruptcy can drastically improve these factors and your ability to live the life you deserve.

Lawrence & Associates has helped many clients who have been hassled by debt collectors, and we’d be happy to help you. We are Working Hard for the Working Class, and we want to work for you! Give us a call for your free consultation, today!


Steps To Take Before, During, and After a Bankruptcy To Reduce The Impact On Your Credit

Posted on Friday, April 17th, 2015 at 4:42 pm    

credit-scoreMany people wonder how they can protect their credit during a bankruptcy. There are actually several steps you can take before, during, and after a bankruptcy to help reduce the bankruptcy’s impact on your credit to the greatest extent possible. The Fort Mitchell, Kentucky offices of Lawrence & Associates can help you find ways to mitigate credit damage based on your particular circumstances. In the meantime, here are some tips:

Tips Before Bankruptcy

A Fort Mitchell, Kentucky resident with credit card accounts that have zero balances should stop using them immediately! If the balance is less than six hundred dollars, paying it off may be a good idea before the bankruptcy. However, you should never pay more than $600 toward your debts prior to bankruptcy, and you should always consult with an attorney before doing so. Many credit card companies will keep a person’s account open during bankruptcy if the card has a $0 balance when the bankruptcy is filed. If the account remains open until after the bankruptcy, then that card can be used to rebuild credit.

Tips During Bankruptcy

A Northern Kentucky resident can help to improve credit as well. Reaffirming on a loan or lease for a car will help to improve your credit rating. Future car payments will also help boost your credit score. It is not wise to reaffirm on a vehicle if the payments are beyond your ability to pay, but with a careful budget in place payments toward a mortgage or a car loan will continually improve your credit score. A good Northern Kentucky Bankruptcy attorney will prepare a budget that allows for such payments.

Tips After Bankruptcy

In Fort Mitchell, Kentucky, almost everyone that exits a bankruptcy gets credit card solicitations immediately. If the solicitation comes from a legitimate and well known credit card company, they might help you improve your credit. You’ll need to make sure that the company reports the credit line to the credit bureaus, so the payments on the card will help your credit. If you do accept such a credit card, be sure to charge only minimal amounts to it such as gas or groceries. Most importantly, ALWAYS pay the card off at the end of the month to avoid interest taking a big bite out of your budget. Finally, be sure to always pay all loan or credit card payments on time, as timeliness is important to your credit rating.

Unfortunately, our office does not provide additional services for rebuilding your credit after bankruptcy, although we can help you file bankruptcy or preserve your credit rating before filing bankruptcy. If you’d like more advice on filing bankruptcy or maintaining or preparing to preserve credit during bankruptcy, call Lawrence & Associates at our Fort Mitchell, Kentucky or Warsaw, Kentucky today!

If you are overwhelmed by mounting debt and tired or receiving harassing phone calls from creditors, contact Lawrence & Associates today. We can help you obtain that fresh start that you deserve!

Contact Us (859.371.5997) for a Free Consultation


Lawrence & Associates Help a Client Keep Her Home Using Chapter 13 Bankruptcy

Posted on Tuesday, April 14th, 2015 at 4:47 pm    

save my home from foreclosureThere are many reasons that individuals and families find they can no longer afford to pay monthly bills. Some may have recently gone through a divorce or been saddled with overwhelming medical bills. Others have been injured at work or in an accident and are unable to earn an income. Many are facing increased interest rates on mortgages or credit cards and cannot keep up. There are also people who simply let spending get out of control and cannot find a way out. We want to share a recent case we handled to give you an idea of what we can do for our clients. We will supply as many details as possible while still respecting our clients need for privacy.

The Situation

Our client needed to stop a foreclosure on her Northern Kentucky home. She was behind on her mortgage because she had unexpectedly gotten laid off, and it had taken her a few months to find a new job. The foreclosure had been filed and she had no way to defend it.

What We Did

When out client called Lawrence & Associates, we let her know that she could save her home with a Chapter 13 bankruptcy, so long as she filed the bankruptcy before the Master Commissioner’s sale on her home. Even if the mortgage company gets a judgment on the foreclosure, they cannot take the home so long as the mortgage arrearage is repaid inside a Chapter 13 bankruptcy.

The Result

Our client got to keep her home and she was able to repay her mortgage arrearage. With her new job and reduced debt, F.S. has gotten the fresh start through the bankruptcy court.

Contact Us (859.371.5997) for a Free Consultation

Providing You With Debt Relief Solutions Through Bankruptcy

Regardless of the reasons that brought you to financial distress, filing for bankruptcy does not make you a bad person. In fact, the government created bankruptcy in order to help people recover from unmanageable financial problems. At Lawrence & Associates, we help our clients understand how bankruptcy laws are made to protect them and will allow for a brighter financial future.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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Illness and Overwhelming Medical Bills Send Many into Bankruptcy

Posted on Thursday, April 2nd, 2015 at 3:53 pm    

chapter 7 bankruptcyAccording to a 2007 study, 62.1% of all bankruptcies have a medical cause and the share of bankruptcies attributable to medical problems rose by 50% between 2001 and 2007. [1] Moreover, a recent article in Forbes highlighted one woman’s story of illness and mounting debt and stated that overwhelming medical bills cause 17-62% of all bankruptcy declarations. [2]

Stephanie Casey Diagnosed with Multiple Sclerosis

The woman featured in the Forbes article, 30-year-old Stephanie Casey, discusses her diagnosis with Multiple Sclerosis and the skyrocketing medical bills and debt associated with the diagnosis. Before the diagnosis, Mrs. Casey and her family were in an ideal situation- they had health insurance, IRA accounts, a sizeable emergency fund, were saving for a home, and no debt. However, the medication for MS rose from $2,800.00 to $3,600.00 per month and even with health insurance, Mrs. Casey was responsible for $250.00 per month. That’s over $3000.00 a year spent just on injections to help slow the progression of MS!

The High Cost of Healthcare

In the article, Mrs. Casey also expresses concern for her future and the future of her family. She states, “If I lose my vision, like 81% of MS patients do, and can’t work–this would mean that I’d no longer be covered by health insurance after 18 months of COBRA–we’re prepared to file for bankruptcy. If I don’t have insurance, and I lose my income, our family would be functioning on my husband’s salary alone to cover a $2,200 a month mortgage–and my $3,500 per month medication.” She goes on to state, “We’d be bankrupt within a few months of running up credit card bills to pay for the drugs, so it would be better for me to file individually, get down to no income and qualify for disability insurance and patient assistance programs from the drug manufacturers.”

Filing for Bankruptcy May Help

Although Mrs. Casey’s situation may seem extreme, many insurance companies in Northern Kentucky cancel coverage when the employee suffers a disabling illness because they become too sick to work, leaving them with medical bills and no insurance.With the rising costs of medical care and the increase of individuals struggling to stay on top, filing for bankruptcy may help relieve some of that debt. A Northern Kentucky Bankruptcy Attorney can help you get a better idea of what disclosures are required in order to file for bankruptcy and what debts will be discharged.

If you are overwhelmed by mounting debt and tired or receiving harassing phone calls from creditors, contact Lawrence & Associates today. We can help you obtain that fresh start that you deserve!

Contact Us (859.371.5997) for a Free Consultation


A Fresh Take on Bankruptcy: Filing for Bankruptcy Can Benefit Individuals, Companies and Society

Posted on Friday, March 27th, 2015 at 4:08 pm    

fresh start bankruptcyThe Webster Dictionary defines bankruptcy as the quality or state of being bankrupt or the utter failure or impoverishment. Although the definition of bankruptcy gives off a negative connotation, it doesn’t have to. Filing for bankruptcy can benefit individuals, companies and society as a whole.

A Fresh Start

People often don’t understand the process of filing for bankruptcy, however, bankruptcy is a legal procedure by which an individual or a business can discharge its debts when the petitioner (the person or company filing bankruptcy), does not have the means to pay off the debt within a reasonable period time. Bankruptcy can help both individuals and companies have a fresh start.

An Over Abundance of Debt Options

In today’s environment of the over abundance of credit cards, pay day loans, car loans, and first, second and third mortgages, it is very easy to fall behind in paying bills, which often leads to people drowning in debt. Falling deep into debt is not a positive thing for either the individual or for society. In fact, according to the Federal Reserve, the average household in the United States has approximately $15,799 in credit card debt, $54,000 in household debt and credit card debt for the United States totals $793.1 billion. [1] With statistics like this, it is no wonder why so many of us are struggling and forced to file for bankruptcy.

Earnings Are Meant to Motivate

Although our clients often worry about embarrassment that may come from filing for bankruptcy, many of our clients who are forced to file for bankruptcy are hard working individuals who can no longer afford to hand over every penny they make to creditors and there is nothing embarrassing about that. After all, the purpose of earnings is to motivate people to work hard, but how motivated can you be if you know that most of the money you make will go to creditors? Without the option of filing for bankruptcy, many people would work long hours just to hand over hard earned money to creditors.

Bankruptcy Stop the Calls and Collections Immediately 

Bankruptcy helps to give debtors a fresh start, alleviating what could be a tremendous burden. Further, when an individual or company files for bankruptcy, the automatic stay goes into effect meaning the harassing phone calls, letters and potential lawsuits from all creditors stop.

If you are overwhelmed by mounting debt and tired or receiving harassing phone calls from creditors, contact Lawrence & Associates today. We can help you obtain that fresh start that you deserve!

Contact Us (859.371.5997) for a Free Consultation

Footnote: [1] http://www.statisticbrain.com/credit-card-debt-statistics/


Bankruptcy Explained: Stopping Foreclosure Through Bankruptcy or Loan Modifications

Posted on Friday, March 13th, 2015 at 12:15 pm    

avoidingIf you are struggling financially and have not been able to keep up with your mortgage payments, a personal bankruptcy filing under Chapter 7 or Chapter 13 can suspend foreclosure actions and help you get a fresh financial start. There are also ways that you can avoid foreclosure without filing for bankruptcy. You want an experienced attorney to help you understand your options, so that you can make decisions that are in your best interests. Simply allowing your home to be foreclosed upon without understanding your options can lead to serious consequences that follow you for years.

Questions to consider if you have received a foreclosure notice…

  • Have the foreclosure papers been properly filed by the mortgage company?
  • Is the current mortgage company the original mortgage company? If not, do they have the legal right to pursue foreclosure?
  • Has the current mortgage company padded the fees they are charging you?

Stopping Foreclosure Through Bankruptcy

Often, the fastest and most effective way to suspend foreclosure actions and save your home is through a Chapter 13 bankruptcy filing. When you file for bankruptcy, an automatic stay goes into effect, prohibiting your creditors from calling, writing or pursuing any legal action (outside of the bankruptcy) to collect on debt. Mortgage debt can either be discharged in a bankruptcy, if the property is going to be surrendered, or the debt can survive bankruptcy if you are attempting to retain the property. Chapter 13 can provide you with a structured way to catch up the mortgage arrearage in an interest and penalty free environment. If you want to delay a foreclosure to allow you to find alternate living arrangements, a Chapter 7 bankruptcy may be your best option.

If you file Chapter 7 bankruptcy, your debt relief normally includes…

  • Credit card debt relief
  • Medical bill debt relief
  • Collection calls must stop
  • Your assets are normally left intact allowing you to repay the debt (i.e., home, vehicles), and possibly reduce your payments, and/or interest owed.

If you file Chapter 13 bankruptcy, your debt relief normally includes…

  • Reorganization of credit card debt to possibly reduce interest, and extend the time to repay
  • Collection calls must stop
  • Your assets are normally left intact allowing you reduce your monthly payments, and possibly reduce interest.
  • All debts are repaid and lenders value your desire to repay them.

Stopping Foreclosure Through Loan Modification

Another option that will allow you to keep your home is the modification of the terms of your mortgage. Loan modification is not a cure-all, however. Unfortunately, we know of too many stories of people who tried to handle a loan modification effort on their own, only to have foreclosure proceedings filed against them when they thought a modification was in the works. Regardless of your situation, if you think foreclosure proceedings are imminent, you need to contact us.

Regardless of where you are in the foreclosure process, time is always of the essence. Your best chance to stop a creditor from taking your home is to contact Lawrence & Associates right away. We are always prepared to take swift legal action in order to stop a foreclosure and protect our clients.

Our Bankruptcy Explained Series

[posts type=”category” name=”Bankruptcy Explained Series” limit=”20″ date=”m-d-Y”]

logoLawrence & Associates Provides You With Debt Relief Solutions Through Bankruptcy

At Lawrence & Associates, we help our clients understand how bankruptcy laws are made to protect them and will allow for a brighter financial future.

Contact Us (859.371.5997) for a Free Consultation


Bankruptcy Explained: Protecting Your Paycheck From Creditors

Posted on Friday, March 6th, 2015 at 2:31 pm    

garnishmentIf you have received notice that a creditor is suing for the right to garnish your wages, or if they have already begun to deduct money from your paycheck, it is time to seriously consider your options in bankruptcy. Many people find themselves facing wage garnishment when they were already having trouble paying all their monthly bills. So, when one of your creditors begins to take money straight from your paycheck, you may find yourself in worse financial distress than before.

Protecting Your Paycheck From Creditors

A Northern Kentucky Bankruptcy Attorney helps its clients obtain debt relief through Chapter 7 and Chapter 13 bankruptcy. As part of this process, an attorney can help you deal with threatened or realized wage garnishment issues. When you work with a good Bankruptcy Lawyer, they will quickly assess your financial circumstances and decide which type of bankruptcy will be best for you and your family. Once they file a Chapter 7 or Chapter 13, the wage garnishment will stop immediately.

Experienced Bankruptcy Lawyers Can Stop Wage Garnishment

Good bankruptcy attorneys can stop creditors from garnishing your wages. They will work to build a strong and successful case for you against creditors that are or are wanting to garnish your wages.

Did You Know?

  • Once a creditor has secured a ruling to garnish your wages, they can often take up to 25 percent of your income per month, until the debt is repaid in full.
  • Even if a creditor has already begun to garnish your wages, there may be legal remedies to reclaim the money — but it is nearly impossible to achieve without a qualified lawyer on your side.

Regardless of where you are in the garnishment process, time is always of the essence. Your best chance to stop a creditor from taking your income is to contact Lawrence & Associates right away. We are always prepared to take swift legal action in order to stop a garnishment and protect our clients.


Bankruptcy Explained: Can Debt Consolidation Protect Me from Creditors?

Posted on Thursday, February 26th, 2015 at 4:12 pm    

Debt Consolidation Northern Kentucky

A consolidation or “workout” is an attempt to modify one or multiple debts without the need for bankruptcy, usually through a debt consolidation agency. The main issue with a workout is that most debt consolidation companies don’t provide local creditors with a contract that enforces the agreement.

Without a Contract Your Workout Can’t Be Enforced 

In Northern Kentucky, a debt consolidation agreement is subject to contract laws, and without a valid contract between you and your creditors the workout can’t be enforced in a Northern Kentucky County court. This means that, if a creditor such as a credit card (like Capital One), or a medical provider (like St. Elizabeth Medical Center) decides not to be bound by the terms of the workout, they can still sue you in the county in which you live. This is the central reason that debt consolidation agreements often do not work for Northern Kentucky residents. Creditors that do not participate in the debt consolidation plan are entitled to file a lawsuit, which sometimes makes the entire exercise pointless. Only filing bankruptcy provides Northern Kentucky debtors with the muscle they need to force creditors to obey the rules.

Debt Consolidation vs Chapter 13 Bankruptcy

There are many reasons why Northern Kentucky residents try to avoid bankruptcy by contacting a debt consolidation company. Many debtors believe bankruptcy is a bad thing, and try to avoid it by seeking a new repayment agreement with creditors. What those debtors don’t realize is that a Chapter 13 bankruptcy provides the same relief but also forces the creditors to abide by the new repayment plan. The downside of the debt consolidation agreement is that it will not freeze interest accumulation on unsecured debts, while a Chapter 13 bankruptcy will. Further, if the debt consolidation agreement fails, Northern Kentucky debtors will enter bankruptcy anyway, but with the added complication of having less money than they would have had if they had filed the Chapter 13 bankruptcy in the first place.

Lawrence & Associates is experienced in debtor-creditor law and we can advise Northern Kentucky debtors on whether a non-bankruptcy workout will provide immediate debt relief.


Bankruptcy Explained: Understanding Property Exemptions – Keeping Your House and Car

Posted on Wednesday, February 18th, 2015 at 1:19 pm    

If you file a Chapter 13 Bankruptcy, you can always keep your property. If you file a Chapter 7 Bankruptcy, the United States bankruptcy code allows you to keep your house, keep your car, and keep your property so long as your equity in that property is below certain thresholds at the time the bankruptcy is filed. Equity is the value of the property minus the amount of any loans secured against it. The amount of equity you can have and still keep your property depends on whether you file your bankruptcy in Kentucky or Ohio.

How to Keep Your House and Car When You File Bankruptcy in Kentucky

Kentucky allows you to use federal exemptions to keep your property. This is good, because federal exemptions are usually much more forgiving than state exemptions. Kentucky allows you to use Kentucky state exemptions as well, but they are not as good as the federal exemptions and are rarely used. You can read the entire section of the federal bankruptcy code that gives us property exemptions, 11 U.S.C. 522, here: http://www.law.cornell.edu/uscode/text/11/522. The exemption levels are adjusted every three years. For the latest levels, contact Lawrence & Associates or check our blog to make sure these amounts haven’t changed.

As a rule of thumb, if you file bankruptcy in Kentucky you usually only have to worry about protecting your home, your car, or any “luxury” items you might own (such as a nice boat). The federal exemptions are large enough that it is rare for anything else to be in danger. The good Fort Mitchell bankruptcy attorney assess your equity in your property for you, and report your options to keep your house, car, and other property to you before filing. For example, under the federal exemptions you can keep your home as long as your equity in the house and land is less than $22,975.00 (and married couples can keep their home with double that exemption). So a married couple filing bankruptcy with a $200,000.00 house and a $175,000.00 mortgage can keep the house since their equity ($25,000.00) is less than the total exemption ($35,950.00). Figuring out how to value the home, car, or other property appropriately is sometimes a matter of controversy, but your attorney will be able to affix all values before filing.

How to Keep Your House and Car When You File Bankruptcy in Ohio

Ohio requires that you use the state exemptions, but does not allow federal exemptions. This can be good or bad, since Ohio has a much better exemption for your home, but lesser exemptions in other areas. Other than the change in exemption levels, the analysis works basically the same when you file bankruptcy in Ohio as it does when you file bankruptcy in Kentucky. Unfortunately, because Ohio’s exemptions are so much worse than the federal exemptions (again, other than the exemption for your home), many people who file bankruptcy in Ohio have more trouble keeping their car, or other property.

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