Herrin Law | Daniel Herrin
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Author: Daniel Herrin

Bankruptcy is an economic solution that has many myths attached to it and most of those myths are false. One truth about every bankruptcy case is that you will have to pay to file for bankruptcy. Another misconception is that all lawyers, including bankruptcy lawyers cost an arm and a leg. We want you to know that it IS possible to find a team of affordable bankruptcy lawyers who can get you the results you need without...

You always have the right to control who represents you in legal matters. That is a fact that is always true no matter what type of legal situation you find yourself dealing with. If you filed a bankruptcy and Firm A represents you; you have the right to fire Firm A and hire Firm B to substitute in as counsel. REASONS WHY YOU MAY FIRE AN ATTORNEY You do not have to justify your reasons for wanting to...

When you surrender your home in bankruptcy, you are discharging the debt associated with your home.  This includes all debt associated with the home (property taxes, liens, mortgages, homeowner association fees, etc.). Once you file bankruptcy and notice goes out, you should not be receiving any collection letters from your creditors.  If you are then you need to consult with your attorney as those creditors may be violating federal bankruptcy law. An important thing to remember is...

There are two required financial courses in Bankruptcy.  The first course is taken before you file bankruptcy and the second course is taken after you have filed the bankruptcy. The First Class - Pre-Filing Bankruptcy Credit Counseling This class is intended to help you prepare for bankruptcy.  It goes over several budget/finance related questions to help you gain clarity on your personal finances.  Some of the questions relate to how much you spent on your home, vehicle,...

In my career clients sometimes will ask "why can't I just file bankruptcy on my own?"  My answer is always the same, "if your arm was broken, would you reset the bone yourself or go to a doctor?"  Clients always say "I'd go to a doctor" This is the exact same situation, your financial life is broken, go to the doctor so it can be fixed. Herrin & Wright are financial doctors and specialize in fixing...

Each chapter or type of bankruptcy defines who is eligible to be a debtor in its definition. Some of the chapters are reserved solely for individuals, some can be used by individuals or businesses. The most common forms of bankruptcy are Chapter 7, Chapter 13, and Chapter 11. An individual or business can be a debtor in a Chapter 7 or Chapter 11; however, a business cannot be a debtor in a Chapter 13. The next...

Can I include my student loans in my bankruptcy?  Are there qualifications I have to meet?  What is the process? Is it different than a “regular” personal bankruptcy? Student loan debt is likely to be the next bubble that bursts in our economy.  Today, there is over $1 trillion in federal student loan debt!   The problem with student loan debt is twofold. First, college is much more expensive now.  The increase in the cost of college...

A common question I always receive from debtors is "do I have to do anything different when I file my tax returns?" The short answer is no. This article will address the actions a debtor must take in order to properly file a tax return with the Internal Revenue Service and have no negative impacts on their bankruptcy. FILING TAX RETURNS WHILE IN BANKRUPTCY There is no special address your return is sent to or a different website you...

To answer this question, we first need to identify which chapter of bankruptcy you have filed or are planning to file.  There are several chapters, but the primary consumer chapters are known as a Chapter 7 Bankruptcy or a Chapter 13 Bankruptcy. Chapter 7 Bankruptcy: In a Chapter 7 Bankruptcy, the timing of the tax refund is important.  Bankruptcy allows most people to keep all of their property. This is accomplished by using state or federal exemptions....

So you filed a bankruptcy and received your discharge and do not want to ever have your wages garnished again; this article is to help you avoid that situation for ever. First you need to congratulate yourself; you have made it through the hurdle of completing your bankruptcy and receiving your discharge! You now have your fresh start and the goal is to never fall back into the patterns or events that lead to your financial...