Bankruptcy Basic: Don’t Lie

One of the most basic tenets of bankruptcy: don’t lie! It’s not a complicated concept but it is is not always followed. Bankruptcy affords filers a broad range of benefits. Chief among them is the ability to eliminate your debt. Since this is debt that cannot be afforded, bankruptcy can be a big help.

But to reap the bankruptcy benefits, there are obligations. Telling the truth is one of those requirements. When you file bankruptcy you must be truthful in disclosing all your personal and financial information. Your income, expenses and assets are all required in preparing your bankruptcy petition and paperwork.

Your income, including your income history, is required as part of the bankruptcy process. Eligibility for certain bankruptcy filings, including both Chapter 7 & 13 filings, depend on the amount of income you earn. To file for Chapter 7 bankruptcy, your income must be lower than your expenses. For a Chapter 13 bankruptcy your must earn more than you spend. Whatever bankruptcy option you need, you must disclose accurate financial facts.

Same bankruptcy basic goes for disclosing your personal assets. When you file bankruptcy you can protect, or exempt, your property. In most consumer cases all property is protected. But you can’t lie. You must reveal all your property in your bankruptcy paperwork. Leaving out a home or car is a bad idea!

In addition to your personal information, another bankruptcy basic is to not lie about your debt. You must list it all in your bankruptcy petition and paperwork. You cannot pick and choose what debts to include in your bankruptcy. You must disclose all debts when you file bankruptcy. Eligibility and affordability of your bankruptcy is dependent on your accurate disclosure of your debts.

Even the debt you have and ability to discharge it through bankruptcy is reliant on truth. If you lied to obtain debt, you may not be able to eliminate it through a bankruptcy. The US Supreme Court recently ruled on this subject broadening the definition of fraud beyond just lying. This Wall Street Journal article reflects that ruling.

No matter the situation, when it comes to bankruptcy basics: don’t lie!

Bankruptcy Can Discharge Overpayment of Unemployment and Social Security

Bankruptcy can discharge overpayment of unemployment and Social Security benefits. Like any other unsecured debt, such benefit overpayments are legally binding. But as with most other legally binding debts, bankruptcy can discharge them. There is no special provision in the law that denies the dischargeability of these debts. So if you are overpaid unemployment from the California Employment Development Department (EDD), or benefits from the Social Security Administration (SSA), you can eliminate these debts through bankruptcy.

It is common for people to be overpaid by the EDD and SSA for unemployment and other benefits. Millions of people file for and receive such benefits. Instruction and oversight covering the application for these benefits, though, is slight. Sometimes the money paid does not match the benefits earned. When the EDD or SSA finds out, debt can result. The EDD even has a link on their website concerning overpayments. But again, bankruptcy can discharge the overpayment of unemployment and Social Security Benefits.

The only limitation to bankruptcy being able discharge overpayment of unemployment and Social Security benefits is fraud. If excess benefits are obtained from false information, bankruptcy will not help. Understandably, only overpayment resulting from mistake or innocent error can be dealt with through bankruptcy. The glitch that gave rise to the overpayment must be a mistake. Nothing more. The mistake can be either on your part or the government’s. Whatever way, so long as there is no fraud, overpayment is dischargeable in bankruptcy.

If overpayment of unemployment or Social Security benefits is not discharged in bankruptcy, it must be paid. Unlike most other forms of debt, it can be collected quickly, without the need of a lawsuit. If the government overpays you, they can get it back without having to sue you. Your wages can be withheld (garnished), your tax refund tapped, or a host of other collection tools applied by the government to get their money. Since bankruptcy can discharge overpayment of unemployment and social security benefits, many choose this route.

If the government has already begun collecting for benefit overpayment, it’s not too late to file bankruptcy. Bankruptcy will still allow you to discharge those debts even if the government has already started to collect. If you want to stop your wages from being garnished or your tax refund from being intercepted, file for bankruptcy.

Bankruptcy Bang for the Buck

Bankruptcy bang for the buck is another way of saying whether filing bankruptcy will benefit you financially. In other words, will the savings of a bankruptcy outweigh the cost of filing for bankruptcy?

With the average consumer bankruptcy, credit card debt alone exceeds $23,000. This amount does not include other forms of debt. Medical bills, car repossessions, payday loans and other unsecured debts often accompany the credit card debt figure. For the average bankruptcy filer, then, there is a good bankruptcy bang for the buck.

If, just considering the average credit card debt, the amount spent on interest in a few months is more than the cost of filing a bankruptcy, there is bankruptcy bang for the buck. It is easy to see why. Spending $1,500 filing for bankruptcy is less than the interest you pay on your credit cards over a few months. Spending money on your credit card interest gets you nowhere. Filing bankruptcy gets you a discharge and your debt is done.

The traditional mindset with bankruptcy is file only as a last resort. But given the bankruptcy bang for the buck, maybe that logic is flawed. An article in the Huffington Post suggests filing right away if it is cheaper to file bankruptcy than to manage your debt for a few months. The logic makes sense.

The past mindset of bankruptcy has often been tied to reluctance. People have hesitated from filing. Perhaps fear or some supposed stigma prevents them. But no more. It is a results-oreiented society we now live in. If there is a bankruptcy bang for the buck, people will file. Filing bankruptcy is a legal right. If your finances are such that is is worthwhile, filing bankruptcy makes sense.

There is more to it than just bankruptcy bang for the buck. Eliminating your debt through bankruptcy creates a peace of mind. It is easier to live without owing debt, particularly debt you cannot afford!

Discharge Student Loans?

Can you discharge student loans in bankruptcy? Maybe soon you can. Eliminating student loans though bankruptcy is not normally allowed under the current bankruptcy code. Though student loan debt is unsecured, like credit card debt and medical bills, it is not treated the same. But times may be changing.

As this editorial piece for the Los Angeles Times reflects, perhaps now is the time to reevaluate whether you can discharge student loans. Student loan debt has skyrocketed over the last decade. So have college costs. Given the tuition increases over the same span it should not be a surprise for the spike in student loan debt.

College costs have exploded and, along with it, debt. College degrees, once considered financial bedrock, have not held their value compared to their costs. If your graduate from college you should earn more. Right? Often this is not so. At least when it comes to the inflated costs to get the degree. Earning $1,000 more per month does little good if that comes with a lifetime debt of $1,200 per month. The math doesn’t make sense. Perhaps, then, now is the time to evaluate whether you should be able to discharge student loans.

Student loan can be eliminated through a separate bankruptcy proceeding. It is a costly procedure. And it takes an extreme showing of hardship to rid yourself of the student loan debt. As I have often commented to clients, you would not want to be able to discharge student loan debt. To discharge student loan debt would not be worth the hardship it would require. Showing an inability to afford the debt is not enough.

Most debt that is discharged in bankruptcy requires, primarily, a showing of inability to afford the debt. Perhaps it is time now to apply this same standard to student loans.