Bankruptcy Filings, Bankruptcy Trends

Bankruptcy Filings Increase by 16 Percent

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Bankruptcy filings rose 16 percent during the 12-month period ending March 31, 2024.

Factors contributing to the increase include higher interest rates, a reduction in consumer discretionary spending, higher housing costs, and a continued drawdown of excess savings.  The trend is expected to continue through 2024.

According to statistics released by the Administrative Office of the U.S. Courts, total filings rose to 467,774 new cases, compared with 403,273 cases reported during the year ending March 31, 2023.

Business filings increased 40.4 percent, from 14,467 in March 2023 to 20,316 in the newest report. Non-business filings rose 15.1 percent, from 388,806 in March 2023 to 447,458 in March 2024.

This year’s 12-month filing total for the quarter ending March 31 is nearly three-fifths of the total reported in March 2020, when the pandemic disrupted the U.S. economy. That year’s 12-month total was 764,282.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

SOURCE:

Bankruptcies Rise 16 Percent Over Previous Year | United States Courts (uscourts.gov)

Bankruptcy Filings, Bankruptcy Law, Consumer Bankruptcy

Protecting Your Assets During Bankruptcy

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People often fear losing everything they own when filing for personal bankruptcy. The good news is the U.S. Bankruptcy Code and Florida bankruptcy laws protect a great deal of a consumer’s assets and property, if used appropriately.

The State of Florida has some of the most generous bankruptcy exemptions in the country. For these exemptions to apply, the consumer must have lived in the state for at least two years before filing. Otherwise, federal exemptions apply.

How bankruptcy exemptions apply depends on the type of bankruptcy case being filed. In a Chapter 7 case, the bankruptcy trustee sells the filer’s nonexempt property, using the proceeds to pay off qualified debts and discharging the remaining debts at the end of the case.

In some cases, if you are not able to exempt an asset fully, the trustee may abandon it because the value is not significantly more than the exemption amount.  Keep in mind, it is expensive to conduct a sale for an asset, and it is only worth selling the asset if there is money to pay back your creditors. Usually, goods and clothing are exempt unless they are worth a significant amount of money. In certain states, like Florida, there is an unlimited homestead exemption, which allows you to keep your home in its entirety.

Here is a list of the most common bankruptcy exemptions in Florida.

Homestead Exemption

The homestead exemption allows the filer to keep equity he or she has in the home. In Florida, the amount that is allowed to be exempted is unlimited, meaning the entire value of the house is protected. The filer can keep his or her home after the bankruptcy, so long as he or she can keep up on mortgage payments and can pay off any past due payments. Also, to use the unlimited exemption offered by Florida bankruptcy law, the consumer must have owned the home for at least 1,215 days prior to filing, which comes out to roughly three years and four months.

Wage Exemption

Money the filer earns through his or her paycheck can also be exempted up to a certain amount. The law allows wages of the head of household to be fully exempt up to $750 per week. This exemption applies to both paid and unpaid wages. Any wages deposited into the bank account for up to six months prior to filing can also be protected. Other members of the household can protect up to 75 percent (75%) of their wages or 30 times the federal minimum wage, whichever is higher.

Personal Property Exemptions

Personal property can also be protected to a certain amount. Florida’s bankruptcy exemptions protect up to $1,000 in personal property or $4,000 in personal property if the filer does not use the homestead exemption. This exemption covers art, electronics, jewelry, and furniture. Money in a health savings account and education savings account is also protected, as are prescribed home health aides.

Wildcard Exemption

If the filer does not use the homestead exemption, he or she can protect other property via the wildcard exemption. This exemption can be used on up to $4,000 of personal property or $8,000 if the consumer files his or her taxes jointly with his or her spouse. The wildcard exemption can also be used towards the consumer’s home if he or she owes more than the house is worth, to protect that amount of value in the residence.

Motor Vehicle Exemption

The law allows the filer to retain a certain amount of equity in the car he or she drives. Florida allows the filer to exempt up to $1,000 of the equity he or she has in a car, if the filer has any equity at all in the vehicle.

Retirement Savings & Pension Exemptions

Florida bankruptcy law will also protect certain types of retirement plans and pensions, including the following:

  • ERISA-qualified retirement plans, including 401(k)’s, 403(b)’s, IRAs, Roth IRAs, money purchase plans, and profit-sharing plans,
  • Public employee retirement benefits,
  • Firefighter and police pensions, and
  • Teachers’ retirement plans.

Insurance and Benefits Exemptions

Florida bankruptcy filers may also protect the following financial assets through bankruptcy exemptions:

  • Proceeds of a life insurance policy that are payable to a specified beneficiary,
  • Disability income benefits,
  • The cash surrender value on a life insurance policy,
  • Fraternal society benefits, and
  • Proceeds from an annuity contract, with the exception of annuities set up for lottery winners.

Public Benefits Exemption

Additionally, other benefits the consumer receives may also be exempt including the following:

  • Social Security benefits,
  • Veterans’ benefits,
  • Workers’ compensation and/or unemployment benefits,
  • Local public assistance benefits, and
  • Money received as crime victim’s compensation benefits.

Child Support and Alimony Exemptions

Money the consumer receives from an alimony or child support order are exempt from being seized in a bankruptcy so long as they are reasonably necessary the support of the filer and his or her child, in cases of child support.

To ensure that the consumer is properly using these bankruptcy exemptions to protect his or her property, a qualified bankruptcy attorney should always be consulted.

Please click here to read more.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

 

Foreclosure Defense, Foreclosures

Florida Sees Highest Rate of Home Foreclosure Filings Nationwide

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Florida has one of the highest rates of home foreclosure filings in the nation, according to ATTOM Data, the leading provider of nationwide property data.

The real estate data analysis firm reported that one in every 2,632 housing units in Florida had a foreclosure filing in February. South Carolina registered foreclosure filings for one in every 2,248 homes, while Delaware had one in every 2,428.

Miami and Orlando had the highest rates of foreclosures for areas with populations of at least 1 million people: Orlando—with one in 1,938 housing units experiencing foreclosures—and Miami, with one in every 2,392.

Florida had the highest number of these foreclosure starts, with 2,732 properties affected, followed by California with 2,730 and Texas with 2,694.

When Can Foreclosure Start?

Foreclosure cannot start until the homeowner is more than 120 days past due on his or her payments. The purpose of this length of time is to give the homeowner time to submit a loss mitigation application before the foreclosure process begins.

If you are not able to make your monthly mortgage payments, you have options available to you that can keep you from losing your home.

REMEMBER: In Florida, the homeowner has rights when it comes to foreclosure! But do not delay.

Choosing the right attorney can make the difference between keeping your home or losing it in foreclosure. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure, please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Sources:

Florida Homeowners Are Losing Their Houses (newsweek.com)

How to Avoid Foreclosure: Forbearance, Short Sale, and Other Options (businessinsider.com)

Consumer Bankruptcy

How to Get a Home Loan After Bankruptcy

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Filing for bankruptcy is not an easy decision. But while filing for bankruptcy can be emotionally challenging, it is a relatively common option to choose. Annual bankruptcy filings totaled 452,990 in 2023, according to a report from the Administrative Office of the U.S. Courts — an increase of nearly 17% compared to 2022, when 387,721 bankruptcy cases were filed.

Oftentimes, it is easier to reestablish credit after filing bankruptcy, because you are essentially given a “clean slate.”

Here are 5 Tips for Getting a Home Equity Loan After Bankruptcy.

  • Timing is everything. Depending on the type of bankruptcy filed, it is crucial to recognize that lenders typically become more willing to work with you as time passes. Be proactive about increasing your credit score after bankruptcy and lenders will view your financial situation more favorably.
  • Rebuild your credit. After filing for bankruptcy, obtain a copy of your credit report to confirm that everything is accurate. Rebuilding your credit should be a top priority. That means paying your bills on time, reducing outstanding debts and using a secured credit card.
  • Shop around. Home equity lenders have different requirements when it comes to lending ‘post-bankruptcy.’ It is in your best interest to take the time to research those lenders who offer terms that are most favorable to you. Compare interest rates, fees, terms and conditions of the loans.
  • Consider a co-signer. A co-signer with a strong credit history can significantly increase your chances of being approved for a home equity loan following bankruptcy. When you add a co-signer to the loan you are essentially vouching that they will repay the loan if you are unable. However, it is important to recognize that co-signers are equally responsible for the loan, and any default can negatively impact that person’s credit.
  • Highlight positive financial changes. When applying for a home loan after bankruptcy, it can be helpful to provide the lender with evidence of positive financial changes you have made since filing.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

SOURCE:

6 tips for getting a home equity loan after bankruptcy – CBS News

Foreclosure Defense, Foreclosures

U.S. Foreclosure Activity Increases in Q1 2024

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Real estate data by ATTOM, revealed its Q1 2024 U.S. Foreclosure Market Report, which showed a total of 95,349 U.S. properties with a foreclosure filing during the first quarter of 2024. These numbers were up 3 percent from the previous quarter.

The report also showed a total of 32,878 U.S. properties with foreclosure filings in March 2024, down less than 1 percent from the previous month and down 10 percent from a year ago.

Foreclosure starts to increase nationwide.

67,657 U.S. properties started the foreclosure process in Q1 2024, up 2 percent from the previous quarter and up 4 percent from a year ago.

States that had 100 or more foreclosure starts in Q1 2024 and saw the greatest quarterly increase included, New Hampshire (up 43 percent); Illinois (up 26 percent); Florida (up 22 percent); Rhode Island (up 21 percent); and Nevada (up 16 percent).

Major metros with a population of 200,000 or more that had the greatest number of foreclosure starts in Q1 2024 included, New York, New York (4,404 foreclosure starts); Houston, Texas (2,977 foreclosure starts); Chicago, Illinois (2,867 foreclosure starts); Los Angeles, CA (2,398 foreclosure starts); and Miami, FL (2,319 foreclosure starts).

Click here to read more.

Choosing the right attorney can make the difference between keeping your home or losing it in foreclosure. A well-qualified Miami foreclosure defense attorney will not only help you keep your home, but they will be able to negotiate a loan that has payments you can afford. Miami foreclosure defense attorney Timothy Kingcade has helped many facing foreclosure alleviate their stress by letting them stay in their homes for at least another year, allowing them to re-organize their lives. If you have any questions on the topic of foreclosure, please feel free to contact me at (305) 285-9100. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Credit Card Debt

How is Credit Card Debt Handled in Bankruptcy?

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Credit card debt is treated as an unsecured debt in bankruptcy. Unsecured debt is debt that is not secured by any collateral. For example, a mortgage would be a secured debt guaranteed by your home; an auto loan would be a secured debt guaranteed by your car. Unsecured debts, like credit cards, medical bills, and personal loans can be easily discharged in bankruptcy.

Most consumer bankruptcy cases do not include any assets, and there is no property that can be liquidated to pay off creditors. Any funds from liquidated assets are paid to creditors based on priority. Credit card companies and other unsecured creditors are usually last on the list.

If you file Chapter 13 bankruptcy, your repayment plan will be approved if it repays most or all your creditors over a three-to-five-year period. But that doesn’t mean all creditors will be repaid, some not at all. Creditors are repaid according to priority in Chapter 13.

As bankruptcy attorneys, we see credit card debt as one of the most common problems facing those with serious financial challenges. Filing for bankruptcy is a viable option for those struggling with insurmountable credit card debt. Chapter 7 is the fastest form of consumer bankruptcy and forgives most unsecured debts like credit card debt, medical bills, and personal loans. There are certain qualifications a consumer must meet regarding income, assets, and expenses to file for Chapter 7 bankruptcy, which is determined by the bankruptcy means test.

SOURCE: Credit Card Debt Under Bankruptcy Law | Bankruptcy Law Center | Justia

student loan debt, Student Loans

SECURE 2.0 Helps Lighten the Burden of Student Loans

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A recently enacted piece of legislations allows employers to “match” any payments their employees make towards their student loan debt, with tax-advantaged contributions to their retirement accounts. This includes retirement savings plans like 401(k), 403(b), IRA, and Roth accounts.

SECURE 2.0 Act has brought about substantial changes to the retirement account rules in the United States. Its primary objective is to encourage more workers to save for retirement.

Student loan debt remains a burden for many people in America. The nation’s collective student loan debt is roughly $1.73 trillion, according to the Federal Reserve. Borrowers pay between $200 and $299 monthly toward student loans, on average.

A recent survey found that more than nine in ten young adults who continued with education after high school faced stress over money and finances that affected their physical and mental wellness. Of that group, 86% said student loans were a contributor to that stress. Nearly half said this debt impacted the amount of money they were able to contribute to retirement.

Putting off saving for retirement can have long-term consequences. Just $10,000 contributed at age 25 grows into more than $100,000 by age 65, assuming a 6% annual return. Waiting until age 35 to set aside that money drives the total return at age 65 to just $57,000.

Click here to learn more.

For borrowers who are struggling with student loan debt, relief options are available.  Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. There are ways to file for bankruptcy with student loan debt.  It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

student loan debt, Student Loans

MOHELA Accused of Deflecting Calls and Mismanagement of Student Loan Relief Applications

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The student loan company, MOHELA, is in hot water for allegedly profiting from a backlog of Public Service Loan Forgiveness (PSLF) applications.

With nearly a million unprocessed forms, it is alleged that MOHELA incorrectly told some borrowers they didn’t qualify for the program, and inaccurately counted the payments borrowers made to be eligible for full relief.

Public Service Loan Forgiveness allows student loan borrowers who work in public service-oriented jobs; for example, teachers or government employees, to have their loans fully canceled if they have made payments for 10 years.

The American Federation of Teachers and the Student Borrower Protection Center are also accusing MOHELA of engaging in a “call deflection scheme” by strategically avoiding borrowers who needed help.

The Education Department said the Biden administration has made clear it will not let borrowers pay for the actions of student loan companies. In October, the feds issued a $7.2 million penalty to MOHELA for failing to send millions of borrowers their bills on time when payments resumed, which in turn made borrowers delinquent.

In a statement this week, Senate Majority Leader Chuck Schumer, D-N.Y., and Sen. Elizabeth Warren, D-Mass., chastised MOHELA over the conduct described in the report.

“Our nation’s public servants, members of the military, and first responders deserve far, far better,” they wrote.

“What has happened here is a pattern and practice of greed,” said Randi Weingarten, the president of the American Federation of Teachers.

Click here to learn more.

For borrowers who are struggling with student loan debt, relief options are available.  Many student loan borrowers are unaware that they have rights and repayment options available to them, such as postponement of loan payments, reduction of payments or even a complete discharge of the debt. There are ways to file for bankruptcy with student loan debt.  It is important you contact an experienced Miami bankruptcy attorney who can advise you of all your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

Consumer Bankruptcy

What to Expect Before, During and After Filing for Bankruptcy

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The process of filing for bankruptcy can seem daunting. The uncertainty behind the process often drives the fear of the unknown, which keeps many people from taking the steps needed to file bankruptcy. Pulling back the curtain and knowing what to expect when filing for bankruptcy can help clear up any myths or misconceptions surrounding bankruptcy.

It can be difficult for someone to admit that they need financial help. Many see filing bankruptcy as admitting failure or hitting financial rock bottom, when in fact it’s a chance to start again, fresh.

If you have decided filing for bankruptcy is right for you, the first step is whether to hire a lawyer to help you through the process. It is possible to file a bankruptcy case and go through the process without the assistance of an attorney but paying a legal professional to handle the paperwork and necessary steps will ensure that the case moves along smoothly. Bankruptcy law is complex and making a simple mistake on one or more of the forms submitted can result in the case being dismissed or rejected from the start.

The initial process of filing for bankruptcy involves a series of steps that must be followed. What these steps entail depends on the type of bankruptcy case being filed.

To qualify for Chapter 7 bankruptcy, the filer must pass the means test. Through this test, the filer must show that his or her income is less than the median income for the State of Florida. A Chapter 7 bankruptcy case discharges most of the filer’s personal debts, with the exception of a handful of others, such as tax debts, spousal support, and student loan debt. The bankruptcy trustee will take the assets not covered by exemptions and will sell these assets, using the proceeds from them to pay off qualifying debts. If the individual does not qualify under the means test, he or she can pursue a Chapter 13 case.

To file for bankruptcy, the consumer must first gather all necessary documents he or she needs, including paychecks, bank statements, retirement account statements, tax returns, appraisals for real estate, vehicle registrations, and any other documents he or she has relating to debts owed or assets owned. The filer must also complete a credit counseling course before and after filing. The fee to take these courses is normally $50.

Additionally, the filer will need to fill out all bankruptcy forms, including the petition to file in bankruptcy court. Filing fees accompany these forms, and the fees and all documents will be filed with the court and forwarded to the bankruptcy trustee.

After the case is initiated, the filer will need to attend a meeting with his or her creditors, along with the bankruptcy trustee. This normally is a month or so after the case is filed.

Certain mistakes during the initial process can lead to the court dismissing the petition. One of the biggest of these mistakes is to be dishonest or misleading in the disclosure of assets and debts the filer has. Not only will failing to disclose assets result in the person’s case being dismissed, but this lapse in honesty can result in the filer facing criminal charges.

The court will also scrutinize any debts the filer incurred just before filing. Maxing out credit cards prior to filing with the intention that these debts will be discharged will not be looked upon favorably by the bankruptcy court either.

After receiving a bankruptcy discharge, the filer should take steps to ensure that they do not end up in the same situation in just a few years. Some helpful steps include the following:

  1. Creating a realistic budget and following it as closely as possible.
  2. Establish emergency savings. A good rule of thumb is to make sure a savings account has at least one month’s worth of income to cover expenses in the event of the unthinkable.
  3. Open a secured credit card account, using it to pay for expenses that can be paid in full every month. Over time, this account will help establish a positive credit history.
  4. Continue to pay all bills on time.
  5. Get a credit report regularly to ensure that any debts that were discharged in bankruptcy are no longer on the consumer’s profile.

These steps allow the consumer to create a pattern of paying all bills on time, which, over the course of time, will reflect positively on the person’s credit report. While a bankruptcy case does put a dent in an individual’s credit score, eventually this positive pattern will allow the consumer’s score to rebound to a respectable figure.

If you have questions on this topic or are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade Garcia McMaken has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade Garcia McMaken website at www.miamibankruptcy.com.

SOURCE:

What experts say to do before, during and after filing for bankruptcy (cnbc.com)

Credit Card Debt

Credit Card Delinquencies Exceed Pre-Pandemic Levels

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Americans owe a whopping $1.13 trillion on their credit cards. The total increased by 4.6% in the third quarter of 2023.  When it comes to credit card debt, consumers are maxed out.

All stages of credit card delinquency (30, 60 and 90 days past due) jumped during the third quarter of last year, surpassing pre-pandemic levels for the first time, according to a recent report by the Federal Reserve Bank of Philadelphia.

This means a number of consumers are revolving all or part of their credit card balance every month. As of the third quarter, 33.18% of accounts paid off their balance in full. That’s the lowest share since the fourth quarter of 2020, Philadelphia Fed data show.

A nearly three-year stretch of high inflation has sent consumer debt into overdrive. Towards the end of last year, outstanding credit card balances surpassed the $5 trillion mark for the first time, according to Federal data.  These rising delinquencies are becoming painfully expensive for many consumers. Interest rates are the highest they have been in two decades.

As bankruptcy attorneys, we see credit card debt as one of the most common problems facing those with serious financial challenges.  It is not surprising with the high interest rates, unreasonable fees, harassing debt collection calls, penalties and never-ending minimum payments that do not even make a dent in your actual debt.

Filing for bankruptcy is a viable option for those struggling with insurmountable credit card debt. Chapter 7 is the fastest form of consumer bankruptcy and forgives most unsecured debts like credit card debt, medical bills, and personal loans.  There are certain qualifications a consumer must meet in regard to income, assets, and expenses to file for Chapter 7 bankruptcy, which is determined by the bankruptcy means test.

SOURCE: Credit Card Delinquencies Surpass Pre-Pandemic Levels – CNN (January 11, 2024)