Bankruptcy: The Healthy Choice?

“Deciding to file bankruptcy has caused so much stress in my life.” My client said these words the first time we met for an initial consultation. “I’m so sorry you are going through a tough time. I am here to help. Nobody wants to file bankruptcy, and that’s why we should discuss your non-bankruptcy options…

Should I Take Out a 401k Loan?

Almost everyone I meet with in my Asheville office would like to find a strategy to avoid bankruptcy. I examine their non-bankruptcy options before ever considering a filing. One option is to borrow money against a retirement account in order to pay back debts. The good news for 401k loans is that they are easy…

What is a Bankruptcy Preference?

A bankruptcy preference is a transfer of an asset shortly before a bankruptcy filing to a specific creditor. These types of transfers result in one creditor being treated more favorably than other creditors. Generally, the trustee will review the 90 days before a bankruptcy petition is filed to determine whether such a transfer should be…

Why Did I Get This 1099-C in the Mail?

Creditors are sending out IRS Form 1099-C seemingly more than ever these days when a debt is cancelled (short sale, credit card settlement, etc.) or sometimes when discharged in bankruptcy. The reason people receive these forms is that the IRS treats forgiven debts as income based on the theory that someone could be paid for…