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Filing for bankruptcy is never an easy decision. There are many factors that you must consider before you file. How bankruptcy will affect your children in the present and future, is a legitimate concern that must be taken into consideration.
In regards to your child’s property, any property in your household is considered yours, including items that you gave or “gifted” to your child. These items include your child’s bedroom furniture, toys, clothing, etc. The only way it will be considered your child property is if the child purchased the item with their own money and it can be proven. Under Chapter 13 bankruptcy, in most instances a debtor can keep all of their property, and in Chapter 7 you can keep all exempt property. Fortunately, Trustees are typically not interested in used furniture or household goods.
As for child support issues, the court will protect your child. The Court treats support orders with the utmost importance and support obligations will not be discharged in bankruptcy. This rule applies to both chapters 7 and 13 bankruptcies.
Child bank accounts or money held in trust for your children are generally not property of the bankruptcy estate. If you are the custodian for a trust account, this money is not yours, therefore, the trustee and creditors cannot get access to this money.
Private School tuition for private elementary and secondary schools are allowed in Chapter 7 bankruptcy, however, a chapter 13 may not allow for it. The federal government allows an educational expense per child under the means test, if your child’s school is more than that, then it will be determined on case-by-case basis.
If your child is seeking student loans, generally speaking, a bankruptcy should have no impact on eligibility for federal student aid. You might be disqualified from credit based financial aid like the Plus Loan and the Graduate Plus loan if you have declared bankruptcy within the past five years, unless there was an extenuating circumstance. Regardless, your child qualifies for Stafford loans which are more beneficial because the loan remains in forbearance while the student is in school.
Ultimately, you should be aware about the effect of bankruptcy on your child’s future and the complications that may arise. Therefore, you should discuss the issue with a bankruptcy attorney before making a final decision.
Client Review
"Benjamin Wright with Wright Law Office made a very difficult time for us much easier. We were struggling and did not know what our options were. He explained all our options and helped us to make the best financial decision. They made things easy and were always available to answer any questions we had. I would definitely recommend him."
Carlos Aguirre
Why should you hire our firm to represent you in bankruptcy?
Great question. Here are a few reasons:
- 1. Bankruptcy is our sole area of practice. Attorney Wright has over 10 years of experience in the field of bankruptcy and has helped over 1000 people successfully file.
- 2. Attorney Wright has an accounting background that is useful in analyzing complex financial documents. Prior to law school he obtained a degree in accounting from the University of Wisconsin School of Business. He exercised his strong numerical aptitude in the field of accounting, including several years with The Kohler Co., before ultimately deciding to pursue a law degree.
- 3. New clients meet with an attorney during their first visit. We understand your time is valuable. It is important your questions are answered quickly and accurately so you can take appropriate steps to secure a better financial future and eliminate fear and stress.
4. In business, referrals are the highest form of professional compliment. We frequently receive referrals from other lawyers and previous clients.
- 5. Our firm is small which enables us to focus on quality over quantity. We don’t have billboards on the I-10 or banners affixed to public transportation. Our approach is a bit more understated. We care about people and doing things right and it shows in our low employee turnover and positive reviews.
- 6. Perhaps the most important consideration is the cost of filing bankruptcy. We continuously assess our fees to ensure we offer fair and competitive pricing. We want to offer you a deal without sacrificing the quality of your experience.
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What our clients are saying…
Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.
I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!
Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.
Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.
I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.