People will hold off on filing for bankruptcy for several reasons, especially if they are in the midst of a pending divorce case. The fear is that a bankruptcy case will affect the ability of the parties in a divorce case to divide their property. While a bankruptcy case will not affect a family law court’s ability to handle child custody and child support matters, the bankruptcy will prevent the court from finalizing a division of marital property.
Tag: child support
What Debts Are Not Erased in Bankruptcy?
Not all debts can be discharged in a consumer bankruptcy case under the U.S. Bankruptcy Code. These debts will remain with the consumer even at the successful close of the Chapter 7 bankruptcy case. While these debts may remain with the consumer, many of his or her other consumer debts will not. The goal is that with the discharge of other debts, the consumer will have extra money to be able to pay down these non-dischargeable debts.
For the most part, the consumer debts that are discharged include credit card debt, medical bills, past utility bills, personal loans and in some cases student loan debt. Many of these non-dischargeable debts cannot be eliminated due to public policy interests, such as child support.
Understanding Wage Garnishment
Wage garnishment is a common tool used by creditors and third-party debt collectors to satisfy a judgment on an outstanding debt. Consumers who are facing the possibility of a wage garnishment should understand what exactly a garnishment means for him or her.
A wage garnishment is a legal procedure ordered by a judge after a court issues a judgment on a debt. The garnishment order allows the consumer’s employer to take a portion of his or her wages prior to the check being given to the consumer to pay back a creditor. Some common types of debt that can lead to a person’s wages being garnished include: unpaid taxes, overdue child support, defaulted government student loans, delinquent credit card loans, and outstanding medical bills.
Actor Mekhi Phifer Files for Bankruptcy
Actor Mekhi Phifer has filed for bankruptcy, TMZ reports. The 39-year-old actor, best known for his role as Dr. Greg Pratt on NBC’s “ER” has racked up approximately $1.2 million in back taxes, $50,000 in lawyer fees and $4,500 in back child support, according to legal documents obtained by TMZ.
Legal documents reveal he spends around $11,600 in monthly expenses, but only brings in $7,500. In addition to his role on “ER,” from 2002-2008 he is also well known for his role opposite Eminem in the movie “8 Mile.”
According to TMZ, Mekhi’s list of assets include: a leather bed, a 12-year-old Segway (valued at $1,500) and a large collection of firearms.
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If you are in a financial crisis and are considering filing 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, P.A. 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 website at www.miamibankruptcy.com.
Divorce often tied to Bankruptcy
A recent study from the Minnesota Population Center at the University of Minnesota revealed that the age-standardized divorce rate has grown by 40 percent since 1980. The age-standardized divorce rate is an important factor in calculating divorce risk, because the U.S. had a younger population in 1980 and statistically younger couples are at a higher risk of divorce. The study also revealed that since 1990, the divorce rate for those ages 60 to 65 has tripled.
Divorce can be costly for a variety of reasons and is a common cause of many bankruptcy filings. Considering the court costs, attorney fees and similar expenses, the divorce process can cause financial hardship. Not to mention splitting into two households, the financial strain of alimony or child support payments and the loss of certain economic benefits associated with marriage.
Depending on your unique circumstance, bankruptcy may be better to file before or after divorce. In some instances it can be advantageous to file for bankruptcy before divorce. Eliminating your debts can simplify the divorce settlement process. On the other hand, filing a joint bankruptcy can save on court costs and legal fees. Incomes generally decrease after a divorce so while you may not qualify for bankruptcy prior to divorce, you may qualify for it afterwards.
The best way to determine if and when bankruptcy is the right option for you before a divorce is to speak with 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, P.A. 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 website at www.miamibankruptcy.com.
Related Resources: http://www.digitaljournal.com/pr/1826759
Man who Faked Bankruptcy Faces 17 Years in Prison
A Sacramento businessman who asked the FBI to investigate his ex-wife ended up with the Feds investigating him. Steven K. Zinnel, now 50, and his wife split in 1999. They had two sons. Zinnel, a successful Gold River businessman declared bankruptcy during the proceedings. However, his bankruptcy, which was finalized in 2005 was fake. He had put money in accounts with other people’s names on it and hid assets. As the case proceeded through family court, he continued to hide assets and disguised his wealth so he could pay less in child support.
Zinnel was in the clear until he asked the FBI to investigate his ex-wife, Michele, for trying to get illegal access to his private health insurance information. However, when the authorities heard her side of the story, they were more interested in Zinnel’s bankruptcy than her alleged offense.
The president of the electric substations company that was paying Zinnel off the books agreed to cooperate with the Feds and participated in taped interviews with undercover agents. Far from being bankrupt, Zinnel was found to be worth several million dollars. He was convicted on 15 counts of bankruptcy fraud and money laundering. This week he was ordered to forfeit $2.8 million of his assets, pay a half million dollar fine and serve more than 17 years in prison.
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If you are in a financial crisis and are considering filing 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, P.A. 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 website at www.miamibankruptcy.com.