Debt can be a difficult issue to deal with, but it is something that affects most people. Regardless of the reasons why debts have accrued, an individual or family that experiences financial difficulties may be unable to make payments as required, and this may lead creditors to seek legal judgments against them. In these situations, a debtor may find themselves facing wage garnishment or liens against their property. By understanding the best ways to deal with these issues, including the options for filing for bankruptcy, debtors can determine how to receive relief from their debts and avoid ongoing financial problems.

What Is Wage Garnishment?

Wage garnishment is the legal process of taking money from a person's paycheck or other forms of income in order to pay debts owed. When a creditor initiates a lawsuit against a debtor, and the court rules in their favor and states that they are allowed to collect the debt, the creditor may then seek to enforce this judgment through a wage garnishment order.

When it comes to debt, no one is immune. Whether you have lost your job, had an unexpected medical emergency, or encountered other financial difficulties, the stress you may face in these situations can be overwhelming. These issues can sometimes become even worse if you are considering bankruptcy as a viable option. It is important to remember that a better financial future is possible, and there are ways to manage the stress associated with bankruptcy. Here are some tips for addressing emotional issues related to debts and other financial concerns:

Take Care of Yourself 

The first step in dealing with any stressful situation is to make sure you are taking care of your health and well-being. You may need to make sure you are taking time for yourself, getting enough sleep, eating healthy meals, and exercising regularly. Taking care of yourself will help you feel more grounded, and it will help ensure that you will have the energy you need as you tackle your financial troubles. 

Filing for bankruptcy can be a difficult and overwhelming decision. While nobody wants to be in this situation, there are many cases where debts become overwhelming and impossible to repay due to unforeseen circumstances. Rather than living with this burden indefinitely, struggling to make payments every month, and worrying about constant calls from creditors and the possibility of losing property, a family can benefit by receiving relief from their debts through Chapter 7 or Chapter 13 bankruptcy. However, it is important to understand the bankruptcy process and the steps that will need to be followed before, during, and after filing. Here is what you need to know as you prepare for bankruptcy:

Understand Your Options 

Before filing for bankruptcy, it is important to understand all of your options. There are two types of personal bankruptcy that individuals or married couples can pursue: Chapter 7 and Chapter 13. A Chapter 7 bankruptcy involves liquidating assets in order to pay off creditors, while a Chapter 13 bankruptcy reorganizes debt into a manageable payment plan over a three-to-five-year period.  In many cases, Chapter 7 is the preferred option, since it will allow for a relatively quick discharge of debts, and most of the time, debtors will be able to use exemptions to avoid the loss of most or all of their assets. However, Chapter 13 may be a better option for debtors who do not pass the means test to qualify for Chapter 7 or for those who wish to maintain ownership of their home after catching up on mortgage payments. Depending on your individual circumstances, one type of bankruptcy may be the better option, and you can speak with an experienced attorney who can help you decide which type of bankruptcy is best for you. 

If you are considering filing for bankruptcy, you might be wondering what will happen to your money and property. Will you lose everything you have worked so hard for? Depending on the type of bankruptcy you file, you may be required to turn over certain assets. In a Chapter 7 bankruptcy, you may receive a discharge of most of your debts, but the bankruptcy trustee may seize some of your assets and liquidate them in order to repay some of what you owe to creditors. Fortunately, exemptions apply to your property, and you will be able to keep any assets that are exempt. However, determining whether to use exemptions that are available under federal or state laws can sometimes be difficult.

Federal Bankruptcy Exemptions

Under federal law, certain types of assets are exempt from bankruptcy. The federal exemptions are updated every three years, and the most recent update went into effect on April 1, 2022. Some examples of the current federal exemptions include:

There are multiple types of debts that can cause a person or family to experience financial difficulties. While filing for bankruptcy can provide relief from debts, it is important to understand how different types of debts will be handled during the bankruptcy process. Understanding how domestic support obligations, which include child support and spousal support, will be affected by bankruptcy can be a crucial part of the planning process. If you are currently paying alimony or child support, you will want to work with an attorney to determine your best options for addressing these obligations and other debts you owe.

Understanding How Priority Debts Are Handled During Bankruptcy

Domestic support obligations are considered to be priority debts, and this means that they typically cannot be discharged through bankruptcy. Court-ordered child support or spousal support must be paid as required, and any missed payments will need to be made up. In addition, interest may apply to past-due amounts.

If you file for Chapter 7 bankruptcy, certain types of debts may be eliminated, such as credit card balances and medical bills. While you will still owe domestic support obligations, the elimination of other debts may free up money that can be used to pay child support or alimony. You will continue to be responsible for these payments after you file for bankruptcy, but by becoming current on your obligations, you can ensure that you will be able to maintain ongoing financial success.