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Should I Borrow Use 401k Retirement To Pay Debts Or File Bankruptcy?

by Mark J. Markus | Feb 20, 2015 | Bankruptcy Law, means test, retirement accounts

In my opinion, using retirement or other protected funds to pay your debts is almost always a bad idea. Yet it is one of the most frequent “solutions” people utilize in their quest to deal with debt problems and their misguided attempts to avoid filing...

Can I Still File Chapter 7 Bankruptcy? Do New Laws Prevent Debt Discharge?

by Mark J. Markus | Nov 30, 2014 | Bankruptcy Law, chapter 7, means test, new bankruptcy laws

Yes, I went there.  I said the “B” word. Most people would rather get strung upside-down naked and lowered into a pile of fire ants than consider bankruptcy. And I don’t understand why. Many times–dare I say MOST times–bankruptcy is by...

How to Survive a Chapter 7 Bankruptcy Audit By US Trustee’s Office

by Mark J. Markus | Mar 1, 2014 | Bankruptcy Law, chapter 7, means test

Bankruptcy Audits By The Office Of The U.S. Trustee Bankruptcy case audits are back! According to the website of the United States Trustee (a branch of the United States Department of Justice), and as reported recently in an article by Jacqueline Palank of the Wall...

Does Bankruptcy Means Test Use Gross or Net Income?

by Mark J. Markus | Jan 21, 2014 | Bankruptcy Law, means test

Gross Income Is Used For Certain Parts of Bankruptcy Means Test Determining which chapter of bankruptcy one is eligible to file has always been tricky. But with the addition of the Means Test and other determining factors in 2005, bankruptcy eligibility became even...

The Bankruptcy Means Test. How Does It Work? What Does It Mean?

by Mark J. Markus | Aug 15, 2012 | bankruptcy definitions, means test, new bankruptcy laws

Much has been written about the dreaded bankruptcy means test (Official Form 22A) that was created by Congress and became law with the 2005 amendments to the Bankruptcy Code.  And much of what has been written is very hard to  understand. That’s probably because...

Bankruptcy Alphabet: N is for Numbers and New Bankruptcy Laws

by Mark J. Markus | Mar 1, 2012 | Bankruptcy Alphabet, Bankruptcy Law, chapter 7, Legislation, means test, new bankruptcy laws

The New Bankruptcy Laws Are All About Numbers People are Not Numbers When numbers are used to identify people, it’s usually when they are in prison. The Bankruptcy laws used to be about helping out people (and businesses) in need. They were about equitable...
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California Bankruptcy Attorney Certified Specialist in bankruptcy law handling exclusively bankruptcy cases since 1991 in Chapter 7, Chapter 11, and Chapter 13. Representation of debtors and creditors in bankruptcy.
This firm is a federally qualified debt relief agency and, among other things, helps people file for bankruptcy relief under the Bankruptcy Code.

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This website should not be construed as the giving of legal advice or the formation of an attorney-client relationship. Results of a case will vary based on the facts, circumstances, and legal issues involved. All cases must be properly reviewed prior to determining applicable law and likely conclusions. Attorney Mark J. Markus is responsible for the content of this website.
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