Jillian Hishaw
Purchasing a Car During Bankruptcy: Timing and ...

To protect your bankruptcy recovery while securing necessary transportation:

  1. Obtain pre-approval from multiple lenders before approaching your bankruptcy trustee

  2. Limit vehicle purchases to reliable, fuel-efficient models under $15,000

  3. Aim for down payments of at least 20 percent to reduce interest costs

  4. Choose loan terms under 60 months to avoid negative equity situations

  5. Verify lenders report to Equifax, Experian, and TransUnion for credit rebuilding benefits

Understanding these financing considerations helps bankruptcy filers maintain employment transportation while safeguarding long-term financial stability and creditworthiness.

Purchasing a Car During Bankruptcy: Timing and Lender Options
Jillian Hishaw
Can Prisoners File Bankruptcy?

“Yes. A person incarcerated in federal or state prison may file bankruptcy if they meet the basic eligibility rules under 11 U.S.C. § 109, which focuses on whether the person has a qualifying connection to the United States, such as residence, domicile, property, or business activity. “

Can Prisoners File Bankruptcy?
Jillian Hishaw
SSI Overpayment Bankruptcy Relief Guide

“Under bankruptcy law, SSI overpayments are often treated as unsecured debts, similar to credit cards or medical bills. This means they can potentially be discharged in bankruptcy, especially when there is no fraud or intentional misrepresentation involved. If the SSA believes fraud occurred, it may file an objection, but proving fraud can be difficult in many cases.”

SSI Overpayment Bankruptcy Relief Guide
Jillian Hishaw
Non-US Citizens Can File Bankruptcy

“Many people are surprised to learn that U.S. bankruptcy law does not require citizenship or legal immigration status to qualify for relief. Under 11 U.S.C. § 109(a), the key requirement for filing bankruptcy is not immigration status, but whether the individual has a meaningful connection to the United States. This means that a person may be eligible to file bankruptcy if they reside in the U.S., own property here, or operate a business within the country.”

Non-US Citizens Can File Bankruptcy
Jillian Hishaw
Recover Wage Garnishments After Bankruptcy

“The Trustee will review the timing of the wage garnishment in relation to the bankruptcy filing. If the garnishment occurred within the 90-day period prior to filing, it may be considered a preferential transfer under the Bankruptcy Code. This means the trustee has the authority to pursue recovery of those funds from the creditor if the amount is over $600….”

Recover Wage Garnishments After Bankruptcy

Why Depending on Social Security is Not a Great Retirement Plan

Why Depending on Social Security is Not a Great Retirement Plan

“One of the major concerns with relying solely on Social Security is the uncertainty surrounding its future. The program faces financial challenges due to an aging population and a decrease in the number of workers supporting the system. While the government has taken steps to address these issues, such as raising the retirement age and increasing payroll taxes, there is still a level of uncertainty regarding the long-term sustainability of Social Security. Depending solely on this program for retirement income may expose individuals to the risk of reduced benefits or potential changes to the program.”

Navigating Bankruptcy: Can You Exclude Some Credit Cards?

Navigating Bankruptcy: Can You Exclude Some Credit Cards?

“In the complex landscape of financial recovery, the interaction between bankruptcy and credit cards stands out as a pivotal concern for many. Deciding to file for bankruptcy is a significant step, fraught with both relief and challenges, particularly when it comes to managing existing debts. The common misconception that individuals can selectively exclude certain credit cards from bankruptcy proceedings underscores the necessity for clear, authoritative guidance on this matter. Understanding the legal and financial ramifications of such decisions is essential for anyone considering bankruptcy as a pathway to regain financial stability.”

If You Owe Property Tax in North Carolina & you are a Veteran or Senior Citizen, Do Not File Bankruptcy.

If You Owe Property Tax in North Carolina & you are a Veteran or Senior Citizen, Do Not File Bankruptcy.

“In conclusion, if you're a homeowner in Mecklenburg County, North Carolina, and you're struggling with past-due property taxes, you may have options beyond filing for bankruptcy. The Disabled Veteran Homestead Exclusion and the Senior Citizen Homestead Exclusion can provide significant tax relief, allowing you to keep your home and avoid the negative consequences of bankruptcy. By understanding your eligibility and navigating the application process, you can take control of your financial situation and secure a more stable future. Please click on the link to access the form to apply for relief of property tax fees https://www.ncdor.gov/2024-av-9-securedpdf/open”

Why an Irrevocable Trust is not Always the Best Way to Protect Your Assets

Why an Irrevocable Trust is not Always the Best Way to Protect Your Assets

“Additionally, an irrevocable trust is not easily modified or revoked. The "irrevocable" aspect of the trust means that changes can only be made with the consent of all beneficiaries, which can be challenging to obtain. This lack of flexibility can pose difficulties if the trust no longer serves its intended purpose or if there are changes in tax laws or family dynamics.”

How Day Trading Income is Treated in Bankruptcy

How Day Trading Income is Treated in Bankruptcy

“In Chapter 7 bankruptcy, which is also known as liquidation bankruptcy, your non-exempt assets are sold to repay your creditors. If you've made substantial profits as a day trader after filing for Chapter 7 bankruptcy, those profits may be considered part of your bankruptcy estate. This means that the bankruptcy trustee has the authority to collect and distribute those profits to your creditors.”

Divorce, Spousal Debt and Bankruptcy

Divorce, Spousal Debt and Bankruptcy

“Divorce can be a challenging and overwhelming process, especially when it involves the division of debt. If you are worried about being held responsible for your ex-spouse's debt, it is important to consult with a knowledgeable attorney who can guide you through the legal options available. Whether through negotiation, mediation, or bankruptcy, there are ways to get rid of your ex-spouse's debt and move forward with a fresh start. Remember, every situation is unique, so it is essential to seek personalized advice to ensure the best possible outcome for your specific circumstances. Hishaw Law LLC Blog”

Can US Residents File for Bankruptcy?

Can US Residents File for Bankruptcy?

“US residents, regardless of their citizenship status, can file for bankruptcy as long as they meet the residency requirements. Bankruptcy provides a legal process for individuals to eliminate or repay their debts and achieve a fresh financial start. It's important to consult with a bankruptcy attorney to understand the specific rules and requirements in your state. Additionally, considering alternatives to bankruptcy is crucial before making a decision. Seek legal and financial advice to explore all available options and determine the best course of action for your financial situation.”

Special Circumstances of Creating a Revocable Trust as an Unmarried Couple

Special Circumstances of Creating a Revocable Trust as an Unmarried Couple

“Unmarried couples face unique challenges when it comes to estate planning. Unlike married couples, who have certain legal protections and assumed rights, unmarried couples do not receive the same level of protection under the law. This can lead to issues regarding inheritance, estate taxes, healthcare decisions, and financial management. To address these challenges, unmarried couples should consider creating a revocable trust as part of their estate planning strategy.”

Bitcoin Halvings and Tax Implications

Bitcoin Halvings and Tax Implications

"When reporting your Bitcoin transactions to the IRS, you will need to use Form 8949. This form is used to report capital gains and losses from the sale, exchange, or disposal of property, including Bitcoin. Each transaction must be reported individually, including the date, description, sales price, and cost basis."

Wyoming's Commitment to Cryptocurrency Asset Protection

Wyoming's Commitment to Cryptocurrency Asset Protection

“With the increasing popularity of cryptocurrencies, it has become crucial to protect your digital assets from potential threats. Wyoming, known for its crypto-friendly regulations, offers a unique opportunity for individuals and businesses to safeguard their crypto currency investments. In this comprehensive guide, we will explore the various measures and strategies that can be implemented to ensure the security and longevity of your crypto assets in Wyoming.”

Granting Power of Attorney: A Comprehensive Guide for Residents of India from the United States

Granting Power of Attorney: A Comprehensive Guide for Residents of India from the United States

“Granting Power of Attorney from the United States to someone in India is a process that requires careful attention to detail. By following the steps outlined in this comprehensive guide, you can ensure that your Power of Attorney is valid and legally recognized in India. Remember to consult with the Indian embassy or consular office for the most up-to-date information and fee requirements. With the Power of Attorney in place, you can confidently manage your business interests and property transactions in India from the United States.”

How to Protect Your Mineral Rights in Bankruptcy

How to Protect Your Mineral Rights in Bankruptcy

“During bankruptcy proceedings, the fate of lease agreements can be uncertain. In Chapter 7 bankruptcy, the oil and gas leases held by the debtor may be sold to another operator, potentially affecting the terms and conditions of the original lease. In Chapter 13 bankruptcy, the operator may propose a reorganization plan that could modify lease terms. As a mineral rights owner, it is essential to stay informed about any proposed changes to your lease and consult with legal professionals to protect your interests.”

Protecting Your Home: Joint Ownership with a Non-Married Partner

Protecting Your Home: Joint Ownership with a Non-Married Partner

“When couples decide to purchase a home together, they often assume that their legal rights and protections will be the same as married couples. However, this is not always the case, especially for couples who are not married or in a domestic partnership. In such situations, it is crucial to understand the options available for protecting your interests and ensuring the smooth transfer of property in the event of a breakup or death. One effective method is through the use of a revocable trust, which provides a range of benefits and safeguards. In this article, we will explore how joint ownership with a non-married partner can be protected through the use of a revocable trust, ensuring peace of mind and financial security.”

Protecting Digital Assets with Estate Planning in Wyoming

Protecting Digital Assets with Estate Planning in Wyoming

“Wyoming has positioned itself as a leading state for estate planning with digital assets, particularly cryptocurrencies. With its tax-friendly environment, innovative trust laws and structures, strong privacy and creditor protection laws, comprehensive legal framework for digital assets, and companies like Two Ocean Trust leading the way, Wyoming offers a favorable jurisdiction for managing and protecting digital asset portfolios.

When considering estate planning with digital assets, it is important to consult with experienced professionals who can navigate the complexities of this emerging field. By leveraging Wyoming's advantageous laws and structures, individuals can ensure the secure and efficient administration of their digital assets for generations to come.”

5 Foolproof Strategies for Protecting Your Cryptocurrency and NFT Assets

5 Foolproof Strategies for Protecting Your Cryptocurrency and NFT Assets

“To mitigate these risks, it is crucial to take control of your digital wealth. By implementing robust security measures and adopting best practices, you can significantly reduce the likelihood of falling victim to cyberattacks or scams. The following foolproof strategies will help you secure your cryptocurrency and NFT assets effectively.”

A Comprehensive Guide to Reducing Tax Debt with Revocable and Irrevocable Trusts

A Comprehensive Guide to Reducing Tax Debt with Revocable and Irrevocable Trusts

“In the realm of estate planning, there are various strategies and tools available to help individuals protect their assets and reduce tax liabilities. One such approach is the utilization of revocable and irrevocable trusts. These trusts can play a crucial role in minimizing tax debt and ensuring a smooth distribution of assets according to your wishes. In this comprehensive guide, we will delve into the differences between revocable and irrevocable trusts, explore their benefits and limitations, and provide guidance on how to choose the right trust for your estate planning needs.”

What happens when I file Chapter 7 Bankruptcy and I own a business?

What happens when I file Chapter 7 Bankruptcy and I own a business?

If you own a business and need to file for Chapter 7 bankruptcy, it is important to understand the implications for your business and your personal finances. In a Chapter 7 bankruptcy, the business's assets will be sold and the proceeds will be used to pay off its creditors. After the bankruptcy is complete, the business will be dissolved.

The Benefits and Disadvantages of Placing Your House in a Revocable Trust

The Benefits and Disadvantages of Placing Your House in a Revocable Trust

Understanding Revocable Trusts

Before diving into the specific advantages and disadvantages of placing your house in a revocable trust, let's first understand what a revocable trust is. A revocable trust, also known as a living trust, is a legal document that allows you to transfer ownership of your assets, including your house, to a trust while retaining control over them during your lifetime. You can serve as the trustee and manage the trust assets, and you have the ability to modify or revoke the trust at any time.

What will happen to the Equity in my home if I file Chapter 13 Bankruptcy?

What will happen to the Equity in my home if I file Chapter 13 Bankruptcy?

“In some states, such as Texas and Florida, there are unlimited homestead exemptions that allow debtors to protect all of the equity in their homes, regardless of the value. Other states, such as North Carolina and Wyoming, have more limited homestead exemptions that may only protect a certain amount of equity.”

IRS Proposed Tax Rules Impact on Ways Estate Planning Reduces Crypto Holders Liability

IRS Proposed Tax Rules Impact on Ways Estate Planning Reduces Crypto Holders Liability

“The IRS proposed rules also have implications for estate planning and investments involving cryptocurrency and NFTs. Cryptocurrency and NFT holdings are subject to estate tax, just like any other assets. It is important for individuals with substantial digital assets to consider estate planning strategies to minimize the tax impact on their beneficiaries. One effective strategy is the use of irrevocable trusts.”

“I didn’t know a thing about bankruptcy, I needed to get back on my feet and unfortunately I couldn’t do it by myself. This is where Hishaw Law comes in, she was a Godsend. She walked me through every detail of what I needed to have and what I needed to do to get my bankruptcy started. Any time I had a question, concern, freak out, she was there to help me through it. I never had any doubt that she was doing her job and doing it very well. I would highly recommend Attorney Hishaw for your attorney needs.”

-Kendra, Bankruptcy Client 2018

Did you know?? #Bankruptcy #charlotte #charlottencrealestate #charlottenc #debt #creditcards #medicaldebt #foreclosure #Chapter7 #Chapter13 #garnishment #repossession
If you need to file bankruptcy and you live in Wyoming or Charlotte, NC contact us by phone or email #bankruptcy #Chapter7 #Chapter13 #charlotte #charlottenc #debt #creditcards #medical #medicaldebt #foreclosure #garnishment
There are several types of bankruptcy. The most common is Chapter 7 which gets rid of credit card and medical debt and Chapter 13's which stops the foreclosure of your home. If you need to file bankruptcy give us a call at 1.307.228.0407 if you liv
It's important to know how to continue to build up your credit even after you file bankruptcy. If you need to file bankruptcy give us a call at 1.307.228.0407 if you live in Wyoming or 1.704.218.9883 if you live in the Charlotte, NC area. You can al
All reported assets are taken into account when you file Chapter 7 bankruptcy. If you need to file bankruptcy give us a call at 1.307.228.0407 if you live in Wyoming or 1.704.218.9883 if you live in the Charlotte, NC area. You can also email us at
If your debt is primarily in uour name and you are married, you can file Chapter 7 bankruptcy separate. If you need to file bankruptcy give us a call at 1.307.228.0407 if you live in Wyoming or 1.704.218.9883 if you live in the Charlotte, NC area.
If you are married you can file bankruptcy separately. Give us a call, we can help. There are several types of bankruptcy. The most common is Chapter 7 which gets rid of credit card and medical debt and Chapter 13's which stops the foreclosure of
If you are creditor it's important to file a proof of claim in a timely manner prior to the 341 Meeting of the Creditors. If you need to file bankruptcy give us a call at 1.307.228.0407 if you live in Wyoming or 1.704.218.9883 if you live in the Char