Answers to Your Questions About Retirement Funds and Bankruptcy

Retirement Plan — Overland Park, KS — Wiesner & Frackowiak LCAre you considering bankruptcy during the later part of your working career? Many Americans struggle with debt and financial challenges even as they start to look toward retirement on the horizon. But you may wonder how bankruptcy will affect your retirement plans. Are your assets safe, or will this create a retirement setback worse than your current challenges with debt?

To help you make the right call about your financial position, here are a few answers to your questions about retirement and bankruptcy. (more…)

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Do You Have to File Bankruptcy If Your Spouse Does?

Bankruptcy Law — Overland Park, KS — Wiesner & Frackowiak LCBankruptcy is always a complicated decision. But when you are married, it is even more complex. You must, after all, consider more than just yourself and your particular financial and material situation. You also have additional choices as a married partner. To help you find the right path to a solid financial future as a family, discover a few answers to your questions about marriage mates and bankruptcy.

Must Both Spouses File Bankruptcy?

Legally, each individual debtor is treated as a unique case. So, while you should make a bankruptcy decision as a family, you aren’t obligated to file bankruptcy just because your spouse does.
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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.
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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…)

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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…)

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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.

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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.

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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

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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…)

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