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Can a Creditor Garnish a Paycheck or Bank Account?
A creditor who has obtained a judgment against you can garnish a paycheck or bank account, or both. The creditor must file garnishment affidavit at your bank, at which point the bank will pay that creditor whatever amount is available in your account, up to the amount of the judgment. A creditor will drain your…
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Do Not Run Up Your Credit Cards Before Bankruptcy
Chapter 7 bankruptcy is an excellent option for those who have accumulated large credit card debts. But if you run up your credit cards before bankruptcy, you may be found to have committed a form of bankruptcy fraud. When you file for bankruptcy, credit card companies carefully review all of your most recent purchases. Do…
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How to Dispute Errors on Your Credit Report
Federal law allows you to request an investigation of information on your credit report that you feel may be inaccurate. No one can legally remove from a credit report accurate negative information, such as bankruptcy, tax liens, judgments or child support. However, it is perfectly legal to request an investigation of any item on your…
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Will Filing for Bankruptcy Affect My Security Clearance?
The Washington, D.C. regional workforce is heavily reliant upon the federal government. I am often asked the question: How will filing for bankruptcy affect my security clearance? Guideline F and security clearance With any security clearance, the federal government examines each applicant on a case-by-case basis. Guideline F of DOD’s Guidelines for Determining Eligibility For…
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How Often Can I File Bankruptcy?
If you have filed a previous bankruptcy and you received a discharge, you may wonder: “How Often Can I File Bankruptcy?” The Bankruptcy Code specifies certain time limits as to when you can file bankruptcy again and obtain a discharge. If your case was closed or dismissed, however, and you did not obtain a discharge…
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Should I Stop Paying My Bills?
I often get asked the question, “If I am filing Chapter 7 bankruptcy, should I stop paying my bills?” The answer is Yes and No. Continue to Pay the Bills You Will Still Have After Bankruptcy First the No. You must continue to pay certain bills. These include your rent or mortgage, auto loans for any…
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Are student loans dischargeable in bankruptcy?
In the United States there is more than $1.2 trillion in outstanding student loan debt, 40 million borrowers, an average balance of $29,000. Are student loans dischargeable in bankruptcy? No. If you are considering filing for bankruptcy in the Washington, D.C. area, you should know that student loan debt is generally nondischargeable, which means that…
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Can the Bankruptcy Trustee Take My Tax Refund?
Your income tax refund is basically an interest-free loan to the government. If you have paid more in taxes than you owe, then the government must repay you for your overpayment. Especially around this time of year, clients ask me the the same question. Can the Bankruptcy Trustee Take My Tax Refund? The short answer…
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Beware of Temporary Mortgage Modifications
On December 1, 2010, Chris Dodd’s final Senate hearing featured testimony from senior Fannie Mae and Freddie Mac executives. These execs blame mortgage servicers for triggering the mortgage meltdown. As a bankruptcy lawyer practicing in Washington, D.C. and Virginia, I have had several clients report the following scenario to me about temporary mortgage modifications. The homeowner…
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Anatomy of a Foreclosure: How Foreclosure Works
Foreclosure activity in the U.S. totaled 676,535 properties in 2017, down to a 12-year low. Foreclosure activity includes default notices, auction sale notices, and bank repossessions. Many of those seeking foreclosure assistance ask how foreclosure works. If you are seeking to avoid foreclosure in Washington DC, Maryland, or Virginia, you must educate yourself quickly and…









