On June 23, 2025, the U.S. Supreme Court declined to hear an appeal in the case of Bronitsky v. Saldana, effectively upholding a Ninth Circuit Court of Appeals decision that allows Chapter 13 bankruptcy debtors to continue making voluntary retirement contributions during their repayment plans. The Supreme Court’s decision to not take the case is an important victory for consumer debtors. The case focused on whether retirement contributions qualify as “disposable income” under 11 U.S.C. § 541(b)(7), which would requireRead more
Stop Using Retirement Funds to Pay Debt
People facing debt collection are often tempted to dip into retirement funds to pay debts. While this has never been a good idea, using up retirement funds to pay debt is increasingly risky with the recent projection that the Social Security trust fund will be depleted by the year 2034. Beginning in 2034 it’s now expected that Social Security recipients will have their benefits cut by nearly 20%. The outlook for Medicare is equally dismal, with benefits projected to beRead more
Bankruptcy Filings Predicted to Surge in 2025
Bankruptcy inquiries are surging to their highest level since early 2020, signaling a potential wave of filings in 2025. Record consumer debt and new tariffs could push financially strained households past their breaking point. Trump’s tariffs, especially on Chinese goods and other imports (like steel and aluminum), have raised costs for American businesses that rely on those materials and components. Many companies have passed those costs onto consumers in the form of higher prices, contributing to inflation. These tariffs haveRead more
Bankruptcy Can Discharge Social Security Overpayments
In a significant victory for Social Security recipients, the Ninth Circuit Court of Appeals has ruled in Cooper v. Social Security Administration, reinforcing the vital protections that bankruptcy provides for individuals who have been overpaid Social Security benefits. The court held that the Social Security Administration (SSA) cannot bypass bankruptcy discharge protections to recover overpaid benefits from individuals who have not engaged in any wrongdoing. The ruling confirms that the SSA’s practice of withholding 100% of a recipient’s current benefit paymentsRead more
Trump’s Politics Could Lead to More Bankruptcies
One of the many harmful actions the Trump Administration has taken is the shuttering of the Consumer Financial Protection Bureau (CFPB). This shortsighted move could have serious consequences for consumers, potentially leading to more individuals needing to file for bankruptcy. Here’s how: Increased Predatory Lending and Deceptive Practices The CFPB plays a key role in regulating payday lenders, mortgage servicers, credit card companies, and other financial institutions. Without the CFPB’s oversight, predatory lenders could engage in deceptive or abusive practices,Read more
Debt, Tariffs and Consumer Bankruptcies
Total household debt increased to nearly $18 trillion in the third quarter of 2024. The bulk of that debt is tied to mortgages but credit cards and auto loans total nearly $3 trillion of the total debt. Student loans total another $1.6 trillion. Even more concerning about the household debt picture is that delinquencies on these debts also remain high and are growing. About 3.5% of all debt is delinquent, meaning borrowers will be facing debt collection and foreclosure unlessRead more
Bankruptcy and the Year of Jubilee in 2025
On Christmas Eve, December 24th, Pope Francis officially began the Year of Jubilee in 2025. The Year of Jubilee, rooted in ancient Israelite tradition, is described in the Bible (Leviticus 25), as a special year of economic and social reset. The year of Jubilee carried profound implications for forgiveness of debt and the lives of debtors. In the year 2025 Pope Francis called for “a new world where peace and justice reign.” As part of the Catholic church’s Jubilee recognition,Read more
Filing Bankruptcy in the U.S. While Living Abroad
I am sometimes contacted by someone living in a country other than the United States about filing bankruptcy. It’s often someone originally from the United States who is currently living in another country but who has debts originating in the United States or with creditors located in the U.S. Filing for bankruptcy in the United States while living in another country is possible under specific circumstances. The key factor is whether the individual has sufficient ties to the United StatesRead more
Should I File Bankruptcy?
People who call me inquiring about filing bankruptcy often believe there’s some rule or generally accepted answer to the question of “Should I file bankruptcy?”. I have to tell them there’s no such rule. There’s nothing but anyone’s own personal philosophy about when it’s best to file. I share my own philosophy that life is far too short to spend more than 2-4 years outside bankruptcy trying to pay off debt. There are more important places to spend our money.Read more
Chapter 13 Bankruptcy 101
Chapter 13 bankruptcy allows individuals with regular income to develop a plan to repay all or part of their debts over a period of three to five years. Chapter 13 bankruptcy is often used when an individual is not eligible to file a Chapter 7 because their income is too high, they have nonexempt property they want to keep from liquidation or they need to cure a mortgage default. In all cases, Chapter 13 bankruptcy is likely a better optionRead more
- 1
- 2
- 3
- …
- 15
- Next Page »