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Bankruptcy Attorneys in Indianapolis Since 1980

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Marriage & Divorce

Bankruptcy and Personal Injury Claims / Modifying a Chapter 13 Plan / Joint and Several Liability

February 5, 2017 By TomScottLaw

Bankruptcy and Personal Injury Claims

If you have a pending personal injury claim when you file for Chapter 7 bankruptcy, you relinquish to your trustee all control of the settlement of the case, but you retain some control with a Chapter 13 bankruptcy. In rare Chapter 13 cases, the cram-down method of reducing debt for an automobile can be used […]

Filed Under: Chapter 13, Chapter 7, Marriage & Divorce, Mortgage, Non-Dischargable Debt, Trustee, Vehicles Tagged With: Deficiency Balance, Joint and Several Liability, nondischargeable debt, Rash Decision, Wholly-unsecured Second Mortgage

Bankruptcy Can Affect a Divorce Settlement / Advantages, Disadvantages, and Misunderstandings of Bankruptcy

December 14, 2016 By TomScottLaw

Bankruptcy Can Affect a Divorce Settlement

You can use a Chapter 13 plan to catch up on child support arrearage or spousal maintenance support (alimony) arrearage. If you have received a Chapter 7 bankruptcy discharge, you may still be obligated to relinquish to the bankruptcy trustee assets you receive in the future, such as your next tax refund check, a pending […]

Filed Under: Exemptions, Marriage & Divorce, Misperceptions, Wage Garnishment

Divorce and Child Support Can Impact a Bankruptcy

June 7, 2016 By TomScottLaw

Divorce is one of the major causes of bankruptcy. If your divorce agreement includes child support payments, your ex-spouse can play a significant role in determining whether or not your bankruptcy will be discharged. We recently discussed several aspects of bankruptcy with Christopher Holmes and Jess M. Smith, III, partners at Tom Scott & Associates, […]

Filed Under: Chapter 13, Chapter 7, Marriage & Divorce, Wage Garnishment Tagged With: Child Support, Indiana Child Support Collection Unit, Indiana Support Enforcement and Tracking Number

Divorce and Bankruptcy

July 27, 2015 By TomScottLaw

We recently interviewed Christopher Holmes and Jess M. Smith, III, the senior partners at Tom Scott & Associates, P.C. Below is Part 1 of that interview, which focuses on a few aspects of how a divorce can impact bankruptcy. Q: We know that divorce is one of the major unfortunate events that cause people to […]

Filed Under: Chapter 13, Credit Card Debt, Marriage & Divorce, Non-Dischargable Debt Tagged With: Arrearage, Child Support, Dischargeable Debt, Individual Retirement Account, IRA, Median Debtor

$20,000 Contempt Penalty Because Mother Hurt Father’s Credit Should Be Dischargeable In Bankruptcy

September 8, 2014 By TomScottLaw

*Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott & Associates, P.C., are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Q: A state court judge orders the mother to pay the father $20,000.00 following a contempt hearing as a penalty for actual […]

Filed Under: Chapter 13, Chapter 7, Credit Score, Marriage & Divorce, Non-Dischargable Debt, Questions About Bankruptcy Tagged With: Section 523

Discharging Property Settlements in Divorce Cases: Chapter 13 and Why to File – Overview of Bankruptcy, Part 8

July 3, 2014 By TomScottLaw

Series: #13 0f 13 The previous article in this Overview of Bankruptcy series discussed how stripping off wholly unsecured mortgages is a valuable option in a Chapter 13 case, giving a debtor the opportunity to modify a wholly undersecured second or other junior mortgage. In this last article of the series, we will take a […]

Filed Under: Chapter 13, Chapter 7, Marriage & Divorce Tagged With: discharge debt

Do both spouses have to file for bankruptcy?

July 5, 2013 By TomScottLaw

No, there is no requirement in the Bankruptcy Code that a married couple must file bankruptcy jointly. In fact, in many cases our office will not recommend a joint filing. For example, if a couple is newly married and one spouse has brought significant debt to the marriage, then it may be best that only […]

Filed Under: Marriage & Divorce, Questions About Bankruptcy

Does being divorced affect bankruptcy?

July 5, 2013 By TomScottLaw

Yes, it might in several ways. There are certain debts that may be incurred during a divorce through a written court order or property settlement that may not be dischargeable in a Chapter 7 bankruptcy. An experienced attorney will need to review a divorce decree to determine whether you may face contempt actions for filing […]

Filed Under: Marriage & Divorce, Questions About Bankruptcy

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Indianapolis, IN 46227
Phone: 317-786-6113

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Indianapolis, IN 46219
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  *Disclosure required by 11 U.S.C. § 528(a)(3): We, the law office of Tom Scott & Associates, P.C., are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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