Why It’s Not Too Late for Bankruptcy in These 4 Situations

Bankruptcy Law — Overland Park, KS — Wiesner & Frackowiak LCBankruptcy is a hard decision for most Americans, and this means it’s often put off until the last possible moment. But has that moment already past? If you’re being sued by creditors, have seen your wages garnished, or have already seen an asset repossessed, is it too late to seek help through bankruptcy? The answer is often no, and here’s what you need to know about why.

1. If You’re Being Sued

When a debtor can’t make the payments to a creditor, that creditor has the right to eventually ask the court to order the debtor to pay. If they still can’t or won’t, the order to pay may also be followed by an order to seize some sort of assets (such as cash, wages, or a vehicle) to pay the debt. The good news is that a bankruptcy filing includes an automatic stay that stops all collections processes — including a lawsuit.
(more…)

Continue ReadingWhy It’s Not Too Late for Bankruptcy in These 4 Situations

Facing Foreclosure? Don’t Do These 4 Things

Facing Foreclosure  — Overland Park, KS — Wiesner & Frackowiak LCAre you facing the possibility of foreclosure? The last thing homeowners want to do during this stressful time is make errors that could make the situation even worse. So what should you avoid and how can you make smart moves instead? Here are four key things not to do.

1. Don’t Ignore the Problem

First and foremost, you shouldn’t ignore a growing problem in regard to making mortgage payments. In this case, the worst thing you can often do is to do nothing. If you do ignore the problem, it can become unmanageable fast due to a growing backlog, rising fees, and interest increases. (more…)

Continue ReadingFacing Foreclosure? Don’t Do These 4 Things

Being Audited? 5 Indicators You Should Hire a Tax Attorney

Tax Attorney for Audits — Overland Park, KS — Wiesner & Frackowiak LCAre you going to be audited by the IRS or your state’s tax agency? This is undoubtedly a stressful event for most Americans. And you have two choices for handling the matter. You can try to go it alone with the IRS or you can hire a tax professional for assistance. When should you avoid the DIY route and work with a trained tax attorney instead? Here are 5 clear indicators.

1. The Audit Is In Person

The IRS audits taxpayers in several different ways. The least stressful is a mail audit, which is conducted entirely through correspondence. However, both office audits and field audits involve meeting directly with the assigned agent. This can be intimidating for many people. You may not know how to answer questions, how to explain items on your tax return, or how to present your case. (more…)

Continue ReadingBeing Audited? 5 Indicators You Should Hire a Tax Attorney

Wage Garnishments: When Bankruptcy Can Help and When It Cannot

Woman Signing On Check Over Table — Overland Park, KS — Wiesner & Frackowiak LC

Anyone struggling to pay their bills will struggle even more if their wages are garnished. The law allows creditors to extract money from wages after they receive a court order, regardless of the individual’s other debts. The payments can come from any earnings, including commissions, worker’s compensation, and bonuses.

Employers face penalties if they refuse to remove these payments from a paycheck or other compensation. In Kansas, employers could receive a fine of $500 or more and become liable to the creditor for legal fees and an amount three times the original debt amount.

(more…)

Continue ReadingWage Garnishments: When Bankruptcy Can Help and When It Cannot

How Does Separation From Your Spouse Affect Bankruptcy?

Spousal Separation — Overland Park, KS — Wiesner & Frackowiak LC

For many couples experiencing the breakup of a marriage, legal separation is an important tool to smooth the transition and protect themselves. But it can also make things more challenging if you simultaneously need to seek debt relief through legal bankruptcy. How do these two processes affect one another? Here are a few answers to the most common questions.

Can You Seek Bankruptcy While Separated?

The short answer to this question is yes. Individuals nearly always have the option of declaring personal bankruptcy with or without their legal spouse. Individual bankruptcy focuses on the petitioner’s assets and obligations. The amount of joint debts and assets linked to your spouse would determine how affected they may be if you file separately.

(more…)

Continue ReadingHow Does Separation From Your Spouse Affect Bankruptcy?

5 Ways Debt or Bad Credit May Affect Your Employment

Woman Touching Her Head — Overland Park, KS — Wiesner & Frackowiak LCMost Americans know that a high debt load and ongoing credit problems could prevent them from being approved for new credit. But did you know that it could also jeopardize your employment potential?

If the idea of your debt impacting your job — or future promotions — is new, here are five reasons that employers could be wary of those with a worrisome credit history.

1. You May Experience More Temptation to Steal

(more…)

Continue Reading5 Ways Debt or Bad Credit May Affect Your Employment

Staving Off Bankruptcy? Money Sources You Should and Shouldn’t Tap

Staving Off Bankruptcy — Overland Park, KS — Wiesner & Frackowiak LCAny American suffering from a financial emergency — whether it be job loss, expensive medical treatment, a divorce, or other challenges — must decide how to handle the increasing pressure. Many turn to sources of money and credit in order to keep going. And while some willingly turn to legal tools like bankruptcy, that can be a hard call for many others.

If you find yourself hesitant about seeking bankruptcy protection even though this may become inevitable, knowing how to tap the right funds — and avoid the wrong money source — is vital. Use this short guide to learn about the do’s and don’ts of using sources of cash and credit in this difficult time.

Don’t Raid Your Retirement

Retirement savings can be one of the most tempting sources of quick cash if you can’t pay your bills. But this is one of the last sources you should actually raid — for several reasons. (more…)

Continue ReadingStaving Off Bankruptcy? Money Sources You Should and Shouldn’t Tap

6 Terms in the IRS Collection Process You Should Know

Collection Process You Should Know — Overland Park, KS — Wiesner & Frackowiak LCNo one enjoys dealing with the IRS tax collection process, so few people are well-versed in tax collection terminology. But when you find yourself entangled in unpaid tax debts, you need to understand what all the various terms mean and how they affect you. To help you navigate your own debt challenges, here is a short guide to six key terms you’ll encounter along the way.

1. CP14 Notice

The IRS has a wide variety of form notices and letters to convey different messages to taxpayers. One important notice for collections purposes is known as CP14. (more…)

Continue Reading6 Terms in the IRS Collection Process You Should Know