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Kate Lincoln-Goldfinch
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I didn’t think I’d ever see anything as cruel as the family separations of 2018. Our collective anguish and horror over border patrol agents tearing children from their parents’ arms and vanishing them into a system without tracking who belonged to whom eventually created change. Donald Trump reversed course after the public outcry last summer, with help from a federal judge ordering him to halt the separations. In the intervening months, we’ve weathered news stories of ongoing separations, public charge rules, asylum bans, the transit ban, the attack on sanctuary cities, and the reduction of refugee allocations. I know it’s a little numbing. But I’m here to tell you that we’ve reached a new low. MPP is worse than family separations.

?The Migrant “Protection” Protocol (MPP), otherwise known as the Remain in Mexico program, is the plan under which asylum seekers who speak Spanish are turned back to Mexico during their asylum process. Since this summer, over 50,000 migrants have been returned to Mexico, where many are forced to live in a makeshift refugee camp next to the international bridge. The camp is dangerous and unsanitary.

There is no humanitarian organization overseeing the camp. Any water, electricity, medical care, clothing, blankets, or other aid is provided by volunteer organizations like Team Brownsville or Angry Tias and Abuelas of the RGV.

I visited the camp last weekend and was absolutely and completely overwhelmed by how awful things are at the camp. I was traveling with two other seasoned immigration attorneys and we took turns sobbing over the horror of it all as we walked through the camp. We saw tents made out of trash bags, dirty pack n’ plays for babies set up right next to the road full of exhaust fumes, sick people hoping to get medical care at the volunteer medical tent, kids bathing in the river, and so many children.


I met baby M, whose mother came to the bridge in labor and was sent back to Mexico. Baby M is two months old and has only known life in a makeshift refugee camp, without even the trappings of a typical refugee camp – food, water, shelter, and medical care.

The migrants live in danger. Drug cartels have seized upon the opportunity to use the migrants for economic gain. They are regularly kidnapped and held for ransom, as most have family members in the US who can scrape some money together for their release. The going rate is about $6,000 per person. Sexual assault against women and girls in the camp happens daily. It has gotten so bad that many parents have chosen to send their children across the bridge alone so that they can be processed into the country as unaccompanied minors.

After we walked around the camp, we reported to a local attorney that we felt safe while we were there. Her response:

“You weren’t. The cartels have lookouts on every corner, and they knew you were there.”

Providing legal representation to the migrants is near impossible. They are expected to prepare their asylum applications and evidence in English while living in tents. The day of their court hearing, they line up at 4:30am outside the court and will spend all day waiting with their kids for their moment in front of the judge, who often resets their case for months in the future. Almost none will win, despite having strong claims for asylum: many have been persecuted by their own government – Cubans, Venezuelans, Nicaraguans, and Central Americans. Of the 47,313 people whose cases were filed between January and September, only 2.3% have legal representation and only 11 have been granted asylum or other legal status, according to the Transactional Records Access Clearinghouse at Syracuse University, which tracks immigration court data. It is an impossible system.

It’s tempting to look away from something so hopeless. But there is something we can do. I urge you to support organizations providing humanitarian and legal support. There are many, but in this article, I will highlight Team Brownsville and Angry Tias and Abuelas for humanitarian aid and VECINA.org for legal work. I serve on the board of VECINA, a mentoring organization that provides training and mentoring to pro bono attorneys who take MPP cases. If you are lawyer reading this, stay tuned for a training in January offered by the Austin Bar Association and VECINA on how to do pro bono MPP work! Thank you for your help in this important fight. And as always, your energy is never wasted supporting candidates who will reverse these awful policies. Blockwalk, canvas, phone bank, and donate to campaigns you believe in. Oh, and hug your family tight this holiday season. If you’re safe and warm, you’re pretty lucky.

In solidarity,

Kate

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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Immigrant rights during police encounters can be confusing and difficult to navigate. It is important that you know your rights so that you can protect yourself and avoid any serious consequences. Here are some key things to remember when you are approached by police officers:

Do not provide government officials with false information about your immigration status. This includes giving false documents or carrying false documentation. You could face severe punishment if you do so incorrectly.
Do not sign anything without knowing what you are signing, as the consequences may be severe if you do so incorrectly. If you don’t understand an encounter, ask for an interpreter.
Immigration officials are not obligated to provide legal counsel and just a list of lawyers’ contact information. Do not answer any questions that immigration officials ask you–you can call your consulate and lawyer if necessary–but make sure to give them all the details of your arrest if it happens.
If arrested, contact your family immediately and give them all the details of your arrest.
How To Defend Your Immigrant Rights In The U.S

What Should You Do If You Are An Immigrant & You Are Stopped By The Police?
If you are an immigrant and you are stopped by the police, it is important to remember that you have rights. The term “reasonable suspicion” is a legal term that defines the amount of information needed to stop somebody. This means the police officer must have reason to suspect you are about to commit or committing a crime. This is especially true if they want to do a pat-down. Without this reasonable suspicion, they cannot conduct one.

You should always ask the police officer for their name and badge number, and write down everything that happens during the encounter. You also have the right to remain silent. If you are not comfortable speaking with the officer, tell them that you want to speak with your attorney first. Remember, it is important not to sign anything until you have talked to a lawyer.

If you feel like your rights were violated during the stop, contact an immigration lawyer immediately.

What Are Some Of The Risks Immigrants Face During Police Encounters?
There are a number of risks that immigrants face when interacting with law enforcement officials, regardless of their citizenship status.

For one, it is important to remember that you do not have to provide the police with any information about your immigration status or give them papers from another country. You must only discuss these matters with your lawyer. Furthermore, it is vitally important not to lie to an immigration officer as this is a serious crime.

In addition, do not sign anything without knowing what you are signing–this includes documents in English that you may not be able to read. If you are stopped by a police officer, ask for an interpreter and read all papers carefully before signing anything.

If you do not understand the content or cannot read the document, tell the officer that you need an interpreter. Remember that it is always important to read all immigration papers thoroughly before signing anything in jail–particularly if the consequences of a plea will affect your immigration status later on in life.

It’s also worth noting that some immigrants could be consenting to waive their right to bail or having an audience with a judge. This can lead to immigrants being held in jail for longer periods of time and increase the risk of deportation proceedings. If you are under suspicion of a crime, make sure your immigrant rights are protected by hiring an immigration attorney.

What Can You Do To Protect Yourself During A Police Encounter If You Are An Immigrant?
If you are an immigrant, there are a few things you can do to protect yourself during a police encounter:

Remember your phone number and call someone if you have any questions.
Remember what the police are asking for, whether it’s your name or documents.
Don’t lie or present false documents when interacting with the police during a stop-and-frisk situation.
You should prepare yourself in advance of a police or ICE encounter by learning about your rights and finding out what kind of lawyer might be best for you in case of such an event.
A lawyer is someone who can help you prepare for a possible interaction with the law and protect your rights.
Effects Of Not Knowing Your Immigrant Rights When Dealing With Police
Asylum Attorneys At Lincoln-Goldfinch Law Can Help You Defend Your Legal Rights During Police EncountersIf you are an immigrant and are not aware of the rights you should know when dealing with the police, there are several consequences that may follow. For one, you may end up getting deported from the country. You could also lose financial assets or face family separation. In addition, you might get arrested or detained for longer than necessary.

It’s important to stay calm during any kind of law enforcement encounter–especially if you’re an immigrant. That way, you can avoid making any sudden movements that might provoke them into an altercation with you. Remember: you have rights under the U.S Constitution! If the situation is concerning, find a lawyer and don’t sign or answer questions without your lawyer present. Recording details and names of officers can be useful for later use if necessary

Consequences Of Resisting Or Fleeing Police During A Stop
There can be serious consequences for immigrants who resist or flee from police during a stop. For one, you may be arrested and face criminal charges. Additionally, resisting arrest can lead to an immigration hold being placed on you. This means that you could be detained by Immigration and Customs Enforcement (ICE) and face deportation proceedings.

It is important to remember that you have the right to remain silent if an officer asks you questions during a stop, even if you are not an immigrant. You also have the right to refuse consent to a search of your person or belongings, including your car. If the officer has probable cause to believe that a crime has been committed, they can search your vehicle without your consent. However, it is best not to resist because doing so could lead to more severe consequences.

What To Do If You Witness A Police Encounter Involving An Immigrant
Read About Your Legal Rights As An Immigrant In The United StatesIf you see a police encounter involving an immigrant, your first step should be to call the police department’s non-emergency number and ask for the names of witnesses. This will help create a record of what happened in case there are any future legal proceedings.

You can also keep track of the officers’ badge numbers or names, in case you need to identify them later. If you witness an arrest, try to get as much information as possible about what is happening so that you can provide a detailed account later on.

If you’re stopped by law enforcement officials, remember not to answer any questions about your citizenship or immigration status. You also shouldn’t carry false documents with you, as this could lead to trouble down the road. Remain calm during the encounter and remember that local law enforcement cannot hold you past your warrant expiry date.

If local law enforcement officials arrest you, make sure to call a criminal defense lawyer immediately and remain silent unless spoken to by a lawyer or the police. Remember that anything you say could be used against you in court. Give copies of all your documents to a family member who can watch over them in case you are detained longer than expected.

What Are Some Of The Myths About Immigrants And Police Encounters?
There are a lot of myths out there when it comes to immigrants and their interactions with the police. Let’s take a look at some of the most common ones:

Myth #1: Immigration Officers Can Use This Information To Deport You
This is not true. The only time that immigration officials can use information gathered during a police encounter is if they are involved in an arrest or criminal investigation. Even then, they cannot share this information with other government agencies like ICE or CBP without a warrant.

Myth #2: Do Not Give False Documents Or Carry False Documentation
This is also untrue. There is no law that prohibits you from carrying false documents, and you are not required to show your papers to an officer unless he or she asks for them specifically. However, it is always best to be honest with the police and tell them that you do not have any identification on you. That way, they will know not to arrest you based on suspicion alone.

What Is The Reality Of Immigrants & Police Encounters?
When it comes to immigrants and their encounters with the police, there is a lot of confusion and misunderstanding on both sides. It’s important that we clear some things up so that everyone understands their rights in these situations.

First: stay silent. Immigration officials are not looking to help you–they’re trying to find reasons to deport you. So don’t give them any ammunition by saying something you might regret later.

Second: do not carry false documents or lie about your status. This will only make things worse for you and could lead to severe consequences.

If you don’t understand what you’re signing, ask someone–either an immigration lawyer or someone at your local community center who can translate for you. Make sure the document is legible before putting your signature on it!

You have a right to an interpreter if you don’t speak English fluently, so don’t be afraid to ask for help. There are plenty of people who want to see justice done for all immigrants, regardless of their language barriers.

Last but not least: if you encounter problems with the police or any other government agency, don’t be afraid to seek legal assistance. Lincoln-Goldfinch Law can provide you with the advice and support you need in these difficult times.

How Can We Make Police Encounters Safer For Immigrants?
There are a few things that immigrants can do to make police encounters safer and less stressful. First, it is important to know your rights. This includes knowing what to do if they are contacted by ICE, having the consulate number handy, and contacting an immigration lawyer immediately.

By being aware of these rights and knowing what to do in specific situations, immigrants can make police encounters much safer for themselves and their families. You have the right to remain silent, you have the right to speak to an immigration lawyer, and you have the right to contact your consulate. Do your best not to run away or argue with officers, as this could lead to negative consequences.

If you are an immigrant and find yourself in a police encounter, remember to keep your cool. You should not consent to a search of your person and your belongings. However, if you are under suspicion of carrying a weapon, officers may give you a pat-down. Reach out to Lincoln-Goldfinch Law for any immigration-related issues including any questions on immigrant rights during police encounters.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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My deepest gratitude to my clients and colleagues who allow me to keep doing what I do best. After five years with a focus on supporting the legal needs of immigrants as it relates to living and working in the United States legally, my firm is now expanding to offer Bankruptcy Law for immigrants!

I founded Lincoln-Goldfinch Law to deepen my practice as an immigration attorney because it is important, fulfilling, and helps me fight for social justice. As a law student, I identified immigration law as my chosen path the moment I met my first clients: a family of asylum seekers from Iraq who were in detention with their baby.

The immigration clients we serve share with us the most stressful parts of their lives, and it is our purpose to make their struggle easier to handle. We work to ensure that they are treated with fairness and dignity during all proceedings and over the past years my team and I have developed true friendships with our clients.

Over the past years, I have been awarded several honors, including:

2020 David H. Walter Community Excellence Award, Austin Bar Association
2019 & 2020 Best of Austin Immigration Attorney, Austin Monthly Magazine
2019 & 2020 SuperLawyer, Super Lawyers Magazine
2019 Kick Ass Award, Capitol Area Progressive Democrats
2019 Finalist in the legal category, Austin Under 40 Awards
2019 Changemaker Award, Austin Young Chamber
2018 Leadership in Advocacy Award, Grassroots Leadership
2018 Excellence in Pro Bono award, Austin Bar Association
2018 Clients’ Choice Award, Avvo
2017 & 2018 Rising Star, Super Lawyers Magazine
2017 Pro Bono Attorney of the Year, Travis County Women Lawyers Association
2010 Contribution to Minority Community Award, Travis County Women Lawyers Association
Everyone deserves a chance to fulfill their version of the American Dream and the transition to the American debt system can be overwhelming. Creditors often take advantage of trusting borrowers with unscrupulous and abusive lending practices, and it is easy to get in over your head. My team and I are creating a way to provide additional stability to immigrants and new citizens to the United States by adding Bankruptcy Law to the areas we practice.

As one of our clients shared, “Lincoln-Goldfinch Law is an amazing immigration office, they were very upfront, clear and helpful from the beginning. You can tell that they really care about you and your process.”

We will bring that clear and simple language into helping our clients come out of situations of financial hardship. If you or your loved one needs assistance with Immigration or Bankruptcy issues, please contact our office at (855) 502-0555.

See how we can help you

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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Of all the bankruptcy chapters, Chapter 7 is perhaps the easiest and simplest. It is sometimes referred to as “complete bankruptcy” or “liquidation bankruptcy” (although something is rarely liquidated). It does not involve any repayment plan; it simply discharges (eliminates the obligation to pay) any debt that is dischargeable, and what is not dischargeable is left to the debtor. For that reason, Chapter 7 provides relief to those who simply need to eliminate credit card, medical or unsecured personal loan debt.

How To File For Bankruptcy Lincoln Goldfinch Law Firm
Chapter 7 Bankruptcy Basics
Not everyone is eligible for Chapter 7 bankruptcy. To qualify, your household income must be below the Texas median income for a family of your size. For example, for a family of 4, household income before taxes must be less than $89,196.

The graph of median household income accounts for all sources of income except income received from pandemic assistance and social security income. If your household’s gross income is above average (or “above average”), you may still qualify for a Chapter 7 by deducting certain expenses.

In this case, your lawyer will perform a complex calculation, following certain laws and determinations about the expenses that can be deducted. If Chapter 7 is still out of reach, Chapter 13 may be a good solution in your case. It is important to discuss with your attorney all of your options for debt relief.

Steps To File For Bankruptcy Lincoln Goldfinch Law Firm
We have already said that it is rare for anything to be liquidated in a Chapter 7 bankruptcy. The reason for this is a part of the bankruptcy code called “exemptions”. The exemptions are like umbrellas, made to protect your belongings from liquidation. The exemptions are generous and apply to all your belongings: cars, household goods, real estate, etc.

In Texas, we can choose between federal and Texas exemptions. Texas exemptions are more generous for real estate, but federal exemptions are more generous for bank account balances. Your attorney will do a complete analysis to determine which exemptions are best for your case. If anything in your case needs to be liquidated, your attorney will likely be able to tell you prior to filing if any of your assets are at risk.

Your Chapter 7 bankruptcy will last approximately 3 months (90 days). You will present your case with the assistance of your attorney. When you file, you will have listed all of your assets (however small) and all of your debts, all of them. Sometimes people want to stick to one credit card. However, under bankruptcy law, you cannot “extol” what you keep and what you discharge.

What To Do After Filing For Bankruptcy Lincoln Goldfinch Law
In fact, if you do not inform your attorney about a credit card, it is very likely that the creditor will find out about the bankruptcy filing anyway and disable all collection capabilities. Approximately one month after your filing, there will be a hearing, called a “341 Hearing” or “Meeting of Creditors”. This hearing is conducted by the Trustee in your case, and is the time when you swear under oath to the accuracy of your bankruptcy petition and schedules. Creditors rarely appear in consumer cases, but it is called a Meeting of Creditors because creditors are invited to appear and ask questions of the debtor under oath.

You can expect a discharge approximately 60 days after the 341 Hearing. At that time, all dischargeable debts are discharged and you are no longer obligated to pay them. Talk to your attorney about what debts are discharged and what debts you will have to continue to pay. With three (3) exceptions, the ownership of the property you acquire after the filing date of the original petition will not be affected by the previously filed bankruptcy petition or the claims of your creditors. Exceptions are as follows:

Assets inherited within 180 days (6 months) after the filing of the bankruptcy petition.
Life insurance proceeds or death benefit proceeds purchased within 180 days (6 months) of the filing of the claim.
Property interests acquired through a property settlement or divorce decree within 180 days (6 months) after the filing of the petition.
If you learn that you are entitled to receive any of these types of assets within 6 months of filing bankruptcy, it is essential that you tell your attorney immediately.

Chapter 7 of the Bankruptcy Act is intended to provide relief to individuals who are burdened by consumer debt. If you are unable to make ends meet, or reach your financial goals, under the weight of your debts, call our specialized attorneys to schedule a case evaluation, where we can determine if bankruptcy can help you.

In case you have additional questions about the potential benefits of Chapter 7 Bankruptcy, or about your specific case, you may contact us at (855) 502-0555. After a short 10 minute evaluation of your case via telephone, we will let you know what options you have. You can also follow us on our social networks so you won’t miss our weekly broadcasts via Facebook, YouTube and Twitch.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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Bankruptcy dismissal is terrible news when you are seeking legal relief for your debts. From 2016 to 2020, millions of Americans filed for bankruptcy. It happens more often than you think, and it happens to everyone. However, you must be transparent in your documentation if you take this road. Also, you must comply with all federal and state laws governing bankruptcy and follow related regulations.

Otherwise, you are giving the court a strong reason for bankruptcy dismissal. One hint of deceit in your documents or one failure to comply with bankruptcy statutes can end your bankruptcy case.

Why file for bankruptcy in the first place? Is this option suitable for you?

Why People File For Bankruptcy
Why Do People File For Bankruptcy In Texas Lincoln-Goldfinch Law Firm

Bankruptcy should not be taken casually since it is not a quick scheme to bail you out of uncontrolled spending and large debts. People who are having difficulty keeping up with mortgage payments, or can’t repay, can resort to filing a petition for bankruptcy.

A positive outcome can significantly reduce dues or eliminate them entirely. It can also put a stop to harassment from debt collectors. In some cases, it can save homes from foreclosure.

Filing for bankruptcy is not without repercussions. For one, your credit score will take a major hit. Such damage can take many years to rebuild and will adversely impact your future chances to borrow money. It can also result in increased insurance premiums. In some instances, a bankruptcy record can hinder your chances of getting employment.

There is also the emotional impact brought by bankruptcy. Some people might gain low self-esteem and a pessimistic outlook on their finances. They may even lose hope of turning their situation around. Some may worry about the stigma attached to it and may fear being judged or shunned by family and friends. That said, bankruptcy goes beyond just money talk, it also might affect your mental health and personal relationships.

While filing for bankruptcy can provide a solution to financial troubles, it should not be done hastily. It is wise to consult with a trusted bankruptcy lawyer before making the decision.

Speaking with an experienced bankruptcy lawyer and taking credit counseling sessions are good investments before making the decision. If there is no other option but to file for bankruptcy, keep in mind that the consequences are not permanent. You can slowly rebuild your credit score and get back on your feet.

Types Of Bankruptcy
Not all bankruptcy cases are the same, and people file for bankruptcy for various reasons. Thus, bankruptcy is broken down into six different types.

Chapter 7: Liquidation.
Chapter 9: For Municipalities.
Chapter 11: Business Reorganization.
Chapter 12: For Family Farmers and Fishermen.
Chapter 13: Reorganization.
Chapter 15: For Foreign Creditors.
Chapter 7 and Chapter 13 are the most common types of bankruptcy cases, and a wide range of individuals can file them in court. These terms simply refer to the chapters of the specific section of the US Bankruptcy Code. For simplicity, this article will dwell more on the reasons for the dismissal of Chapter 7 bankruptcy and Chapter 13 bankruptcy.

Chapter 7 Bankruptcy
Read About How Chapter 7 Bankruptcy Can Affect Your Credit Score

The most common type of bankruptcy for individuals is Chapter 7 which is also known as the liquidation or straight bankruptcy. This type seeks to “liquidate” or sell a debtor’s assets to pay all debts. After that, all unsecured debts are discharged, wiped out, or forgiven.

Individuals or some businesses can file for this type. It has the fastest path through bankruptcy, taking as fast as four months for the whole process to complete.

Chapter 7 follows a hierarchy when paying off debts with the amount secured from your sold assets. Unsecured priority debts such as tax debts or claims against the debtor are paid first before everything else. Secured debts such as a home mortgage are paid next. Unsecured debts such as credit cards or medical bills are the least priority. These are merely wiped out in case there are no more funds left from the liquidation process.

Not everyone can qualify for Chapter 7 bankruptcy. It is up to the court to determine if your income is not enough to pay off your debts. The court uses the means test to take a look at your finances. If your income fails the means test then you may qualify for Chapter 7. You will have to attend a meeting with everyone to whom you owe money, including creditors. Failure to do so can merit a bankruptcy dismissal.

There are debts, however, that a Chapter 7 bankruptcy cannot erase. A student loan is a good example. Also, it cannot relieve you of dues mandated by the government such as taxes, child support, or alimony.

While Chapter 7 can erase some debts, Chapter 13 bankruptcy presents a different path.

Chapter 13 Bankruptcy
How Chapter 13 Bankruptcy Work In Texas

Chapter 7 can wipe out your debts but Chapter 13 bankruptcy reorganizes debts. Also known as a wage earner’s plan, it is simply a repayment plan duly approved by the court. In this type of filing, a debtor keeps his assets in exchange for having a longer payment period that can take three to five years to complete.

The good news about Chapter 13 is that it lets you keep your assets. It can even stop foreclosure by giving you the chance to catch up with your monthly dues.

Chapter 13 bankruptcy requires a debtor to submit a proposal to pay back creditors in three to five years’ time. The court will evaluate the proposal and ensure that the monthly repayment must give a significant amount to the creditors. Thus, it’s not just an arbitrary amount set by the debtor.

Also, the debtor makes monthly payments to a designated trustee. The payment is then distributed to the creditors. There is no contact between debtor and creditors under Chapter 13.

It is up to the court to decide how much you pay monthly, depending on your monthly income and how much debt you have. The court may even give you a strict budget order and check on your monthly spending. An individual with updated tax payments and who does not exceed the prescribed secured and unsecured debt amount can apply.

Note that it takes seven years for a Chapter 13 bankruptcy to leave your credit report. In addition, those seeking to file Chapter 13 should complete credit counseling to qualify.

Chapter 13 does not erase debts. For those who do not qualify for Chapter 7, the court may offer Chapter 13 bankruptcy as an option. It is a better alternative than a bankruptcy dismissal.

Difference Between Dismissal & Discharge
There are two possible results for your bankruptcy case. One is bankruptcy dismissal, and the other is bankruptcy discharge. The two terms may sound similar but legally they are nothing alike.

A bankruptcy dismissal happens when something goes wrong and the court decides to close your case. There is no legal relief in this kind of outcome. It happens for various reasons, such as improper or incomplete paperwork, failure to show up to the court hearing, or failure to provide the necessary documents.

The court may also dismiss your case if you do not qualify for the type of bankruptcy you are filing. Additionally, there is usually a cool-down period before you can refile. Thus, it is an act of prudence to get the services of an experienced bankruptcy lawyer to avoid dismissal.

In contrast, a discharge means that the court has heard your case and decided to forgive your debts. This is the kind of outcome that every filer wishes to obtain. In a Chapter 7 case, it means giving the required information to the court and attending the meeting with creditors. After which, most or all debts are wiped out. In a Chapter 13 bankruptcy, it means upholding the terms of your repayment plan.

Five Common Reasons For Bankruptcy Dismissal
As mentioned earlier, the goal of all debtors in filing for bankruptcy is to get a discharge. However, it is also possible that the case ends up with bankruptcy dismissal. Here are five common reasons for dismissal.

Bankruptcy Fraud
When you fill out your bankruptcy paperwork, it is imperative you do it truthfully. All forms should correctly reflect all your assets, liabilities, income, and other financial information required by the court. Bankruptcy fraud is a serious criminal offense and offenders face heavy fines or even incarceration.

Failing The Means Test
The Means Test is a tool that evaluates your average income for the previous six months and compares it with the average income of a similar household. A Chapter 7 petitioner with above-average disposable income will get a dismissal. In some cases, the court will suggest Chapter 13 as an option.

Failure To File Forms/Supporting Documents
The paperwork needed to file for bankruptcy includes the bankruptcy petition, schedules, and other official forms. Supporting documents include tax returns, pay stubs, or bank account statements. Submission of these is mandatory. Otherwise, the bankruptcy court can dismiss your petition.

Failure In Chapter 13 Payments
Failure to comply with the repayment plan duly approved by the court can end up with a Chapter 13 bankruptcy dismissal. The repayment plan typically lasts three to five years. The filer needs to be faithful with their monthly repayment. Failure to do so could merit a bankruptcy dismissal. Not Attending Meeting With Creditors

If you file for Chapter 7 or 13, a meeting with your creditors is necessary. It gives chance to the designated trustee and creditors to ask questions about your bankruptcy documents and finances. The whole meeting is done under oath. You face bankruptcy dismissal if you are a no-show in this meeting.

What A Bankruptcy Dismissal Means For You
Why Was My Bankruptcy Petition Dismissed?

Filing for bankruptcy may seem overwhelming but it is not as scary as it sounds. Debt discharge should be the end goal and not bankruptcy dismissal. A dismissal does not grant a reprieve from debts, and you are back to square one in facing debt collectors.

All through this process, a bankruptcy lawyer can ensure that your rights and personal interests are defended. Austin-based Lincoln-Goldfinch Law can help you have a fresh start from debts through a team of highly capable bankruptcy attorneys. You can call (855) 502-0555 for a free case evaluation.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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The holidays are a time of joy and celebration, but they can also be a source of stress and financial strain for many individuals. People spend more money on gifts, decorations, or travel expenses during this time. While holiday spending can bring happiness to oneself and loved ones, overspending can result in accumulating an overwhelming amount of debt.

This article discusses the common spending mistakes made during the holiday season, our favorite budgeting techniques to help maintain financial stability, and how the option of bankruptcy can help bring financial relief to those with overwhelming debt. Enjoy the holiday season without financial worries and learn more about the resources available to you that will help you navigate holiday spending.

Common Mistakes In Holiday Spending
Who doesn’t want to buy the best gifts for their loved ones? Sometimes pressures are placed on us, and it can be hard to find a way to budget out our gifts for the ones we love. To avoid being put into a difficult financial situation, it’s essential to recognize and avoid the common financial mistakes associated with holiday spending.

Not Creating A Budget
One of the most significant mistakes people make during the holidays is not creating a budget. Without a budget, it’s easy to overspend on gifts or holiday decorations. People may feel pressured to spend more money to create the perfect holiday experience, which can quickly lead to debt. A budget allows individuals to set spending limits, prioritize expenses, and avoid overspending.

Racking Up Credit Card Debt
Another common mistake during the holidays is using credit cards without proper planning. People may use credit cards to pay for gifts, travel, and other expenses, only to find themselves accumulating high balances. Credit card interest rates and fees can quickly add up, causing even more financial strain. To avoid this situation, it is essential to use credit cards wisely and create a clear plan to pay off any balances.

Overspending On Non-essentials
Many people fall into the trap of overspending on gifts, decorations, and travel during the holidays. People may feel pressured to satisfy their wants by buying trending products for gifts, or traveling to exotic locations even when they do not earn enough money. This type of overspending can soon lead to debt, causing financial strain long after the holiday season has ended.

Not Shopping Around For The Best Deals
People often make the mistake of not shopping around for the best deals during the holidays, which can lead to overspending. By comparing prices and searching for the best deals, individuals can save money and avoid overspending.

By recognizing these mistakes and taking steps to avoid them, individuals can have a stress-free and financially-stable holiday season. A budget, wise use of credit cards, preventing overspending on gifts, travel, or decorations, and shopping around for the best deals are essential tips to help you stay on track.

B.H.S. - Managing Debt During Bankruptcy And Holiday Spending

Budgeting Techniques For The Holidays
The holidays can be exciting, but it’s easy to get carried away with spending. To avoid overwhelming debt and financial strain, it’s crucial to have a budget and stick to it. Here are some techniques to help you stay on track during the holidays.

Making A List And Spending Limit
One of the easiest ways to control your holiday spending is by making a list of people you want to buy gifts for and setting a spending limit for each person. This helps you prioritize your spending and ensures that you don’t overspend on a gift for one person. Having a budget allows you to buy thoughtful gifts without breaking the bank.

Save Up For The Holidays
Another way to budget for the holidays is by saving up every month leading up to the gift-giving seasons. This helps you build up a fund specifically for holiday spending and ensures that significant expenses won’t catch you off guard. By saving a little bit each month, you’ll have more money to spend on the things that matter most. Even setting aside $5/month will make the holidays that much less stressful.

Compare Prices And Shop For Deals
Remember to check out the discounted items, ongoing sales, and special holiday discounts at your favorite stores! Make sure to ask about student, senior, and veteran discounts when applicable.

Using Cash Instead Of Credit Cards
Try using cash instead of credit cards to avoid overspending during the holiday season. With cash, you can keep track of your spending and stick to your budget. Additionally, seeing the physical money leave your wallet can give you a better sense of your expenses. By using cash, you also won’t have to worry about paying interest on any holiday spending debt you incur.

Following these budgeting techniques allows you to enjoy the holiday season without worrying about financial strain. Remember to be mindful of your spending and stick to your budget. By doing so, you can avoid the common mistakes that often lead to overwhelming debt during the holidays.

Exploring Bankruptcy As An Option
If you find yourself dealing with an overwhelming amount of debt due to holiday spending, bankruptcy may be an option. Bankruptcy is a legal process that allows individuals to discharge or reorganize their debt, depending on the bankruptcy chapter they may qualify for. It is a way for individuals or businesses to get a fresh financial start that offers a pathway to financial wellness.

Please note that bankruptcy is a financial resource that has helped millions of families in the United States regain financial stability. It’s always a good idea to reach out to a Bankruptcy Attorney to review your financial options so you can sleep more peacefully at night.

What Is Bankruptcy?
Along with providing a fresh financial start, bankruptcy also provides an automatic stay. After this automatic stay goes into effect, creditors must stop trying to collect from you. The most common types of bankruptcy for individuals are Chapter 7 and Chapter 13 bankruptcy.

Chapter 7 Bankruptcy
Chapter 7 bankruptcy is also called a “complete” bankruptcy. It’s typically a good fit for individuals who cannot repay a substantial amount of unsecured debt, like credit card debt, medical bills, or personal loans.

Overview:
It allows individuals to discharge most types of unsecured debt.
The process is relatively quick, typically taking around three to four months to complete.
It can provide a fresh start for individuals struggling with debt.
While bankruptcy may impact a credit score, this is only a momentary setback as there are many ways to rebuild a credit score so that it bounces back stronger than ever. The financial impact of bankruptcy on one’s credit score does not measure to the negative impact on one’s credit score from unpaid debts.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy is known as a “wage earner” or “restructuring” bankruptcy. It is a repayment plan that can last anywhere from three to five years so that the debtor can keep their assets and pay off some or all of the debt over time. This type of bankruptcy is best for people who need to catch up on mortgage payments and taxes or make too much to qualify for a Chapter 7.

Overview:

It can provide a fresh start for individuals who are struggling to pay off their debt.
It can help individuals get caught up on past due payments for secured debts.
It allows for the modification of certain contracts, such as reducing interest rates and sometimes paying the principal amount instead of the full amount owed.
While it may not be an option for individuals who do not have a regular income, a Chapter 13 filing allows you to have your payment plan confirmed by the court without consent from your creditors.
Which Type Of Bankruptcy Is Right For You?
The type of bankruptcy that is right for you will depend on your specific financial situation. If you have a significant amount of unsecured debt and cannot pay it off, Chapter 7 bankruptcy may be the right choice. However, if you have a regular income and can make payments over a certain number of years, Chapter 13 bankruptcy may be a better option.

Consulting with a Bankruptcy Attorney is essential to determine which type of bankruptcy chapter is right for you.

From Overspending To Overcoming: Strategies For Debt Management And Bankruptcy Survival

Why Hire A Bankruptcy Attorney From Lincoln-Goldfinch Law?
Filing for bankruptcy can be a complex and overwhelming process. Thus, hiring an experienced Bankruptcy Attorney is vital. A Bankruptcy Lawyer from Lincoln-Goldfinch Law can help you navigate the process and protect your rights.

With a combined average of over 8 decades in bankruptcy law, they’re here to help you during every part of your journey. They will assist you with each step, from exploring every possible strategy to achieve the best outcome for your case to helping you organize the necessary documentation to ensure that your paperwork is filed efficiently.

Our Bankruptcy Attorneys can help you work out a repayment plan that is fair and manageable for you. They’ve helped people from all backgrounds reach their financial goals and are always ready to help their clients reach financial peace.

Lincoln-Goldfinch Law Is Here For You
Holiday spending can be a significant source of stress and financial strain for many people. However, by avoiding overspending, creating a budget, shopping around for deals, and using cash instead of credit cards, your finances can stay on track during the holidays. While bankruptcy may be an option for those with overwhelming debt, it’s important to remember that there are steps you can take to prevent financial strain in the first place.

If you’re feeling overwhelmed by debt and need help figuring out your next step, it’s essential to reach out to Lincoln-Goldfinch Law. Our experienced Bankruptcy Lawyers can help you understand your options and guide you to financial wellness. Don’t let the stress of holiday spending and debt ruin your holiday season. Contact Lincoln-Goldfinch Law today to schedule your free consultation.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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Bankruptcy is a complex and stressful process for anyone, but it can be incredibly challenging for families. When a family member files for bankruptcy, it can produce a ripple effect on everyone in the household, affecting finances, relationships, and even physical and emotional well-being. Working with a Bankruptcy Lawyer, who can help navigate the legal process and advocate for the family’s needs, is essential.

This article will discuss the special considerations for bankruptcy in different situations, such as when a child has special medical needs, the filer has extraordinary medical conditions, when one spouse wants to file but the other doesn’t, and the decision of which chapter to file.

Rebuilding Your Financial Future: Essential Strategies For Managing Bankruptcy As A Family With The Help Of An Attorney

Impact Of Bankruptcy
Filing for bankruptcy can be a difficult and stressful process, especially for families. It is essential to consider the various challenges and issues that may arise when it comes to bankruptcy, such as the impact on children with medical needs, the filer’s health, disagreements between spouses, and the sale of marital property. Understanding these issues and how to handle them can help families navigate the bankruptcy process with confidence and ease.

Children With Extraordinary Medical Needs
The process can become even more challenging when a family has a child with extraordinary medical needs. The cost of medical care for the child can escalate the financial burden on the family. Bankruptcy can forgive past medical debt and help a family budget for future medical emergencies. This is why families must work with a Bankruptcy Attorney who understands the impact of medical costs within the context of bankruptcy.

Every bankruptcy case is unique. When a family has a child that is experiencing a health emergency, medical debt can quickly accumulate. Additionally, a common concern is the healthcare coverage of children. If the child’s coverage is impacted, it could make it difficult for the family to afford necessary medical care. In such cases, the family can work with an attorney to find solutions.

The Health Of The Filer
The bankruptcy process can be even more challenging when the filer has medical needs. They may be unable to work, making it difficult to pay bills and maintain a household. This can add to the already overwhelming financial stress that the family is facing. In these cases, the filer needs to work with a legal practitioner who can help navigate the legal process and advocate for their needs.

When the filer has extensive medical needs, it’s essential to consider how the medical expenses will be paid for during the bankruptcy process. A Bankruptcy Attorney can help determine if and how bankruptcy can discharge debt (freeing up disposable income) and establish a budget to pay for ongoing medical expenses.

A filer’s attorney must also be mindful of their client’s well-being and how the bankruptcy process could impact their client so as to minimize any stress in order to prioritize the filer’s health. Thus, a Bankruptcy Attorney should explore options to reduce stress and ensure that the filer has access to necessary medical care and emotional support during the bankruptcy process.

Disagreements Between Spouses
When one spouse wants to file for bankruptcy but the other does not, it can be difficult to navigate the legal process and make decisions about property and assets. In these situations, the couple needs to work with an attorney who can help guide them through the process and ensure that the rights and interests of both parties are protected. Communication between spouses is essential in these situations.

It’s important to understand that bankruptcy is a collaborative process, meaning both spouses will be affected by it regardless of one’s decision to file. The couple should seek a lawyer’s help to understand the implications of their decisions and the financial options available to them. It’s also important to consider the impact on the couple’s assets and property.

In some cases, the couple may decide to file jointly, while in others, one spouse may file individually. It’s essential to understand each option’s legal implications and work with an attorney who can guide them through the process. With the help of a Bankruptcy Lawyer, the couple can agree and decide what is best for their family. When the stress and burden of crushing debt are eliminated, it can help improve marital relations, quite possibly saving a marriage!

Disagreements On Selling Marital Property
When couples want to sell marital property, but one spouse disagrees, it can be difficult. Marital property is property acquired during the marriage and is considered jointly owned by both spouses in community property states like Texas.

Filing for bankruptcy may not directly help with a disagreement between spouses when selling marital property, as bankruptcy is a legal process that deals with the discharge of debts and financial obligations. However, bankruptcy may indirectly provide relief in certain situations.

When a married couple files for bankruptcy, the court may order an automatic stay, which is a legal order that temporarily stops most collection actions, including efforts to sell marital property. This stay can provide a brief period of time for the couple to negotiate and come to an agreement on how to divide their assets, including the marital property, without the added pressure of ongoing collection activities.

Additionally, bankruptcy may help eliminate certain debts and liabilities that are associated with the marital property. For example, if the marital property is subject to a mortgage or other secured debt, filing for bankruptcy may discharge the debt and relieve the spouses of their obligation to repay it. This can make the marital property more attractive to potential buyers and make it easier to sell.

However, it’s important to note that bankruptcy can be a complicated and potentially risky process, and it may not be the best solution for every couple. It’s important to consult with a qualified bankruptcy attorney to fully understand your options and the potential consequences before deciding to file for bankruptcy.

Navigating Bankruptcy As A Family: Expert Guidance From An Attorney

Chapter 7 vs. Chapter 13 Bankruptcy For Families
Families facing financial difficulties may find relief through bankruptcy, but choosing the right chapter of the U.S. Bankruptcy Code is crucial. The two most common chapters associated with individuals and families are Chapter 7 and Chapter 13.

While many families with average income and average assets also qualify for Chapter 7, it is ideal for families with few assets and low income, as most unsecured debts like credit card debt and medical bills will likely be discharged. The purpose of a Chapter 7 bankruptcy is to eliminate debts and gain debt relief in the process.

While each case is unique, generally, certain assets such as primary residence, personal property, and retirement accounts may be protected, and a client can keep them. The process usually takes about three months to complete and results in a discharge of certain debts.

On the other hand, Chapter 13, known as the “wage earner’s plan,” provides a repayment plan over three to five years to pay some or all debt. This is a good option for families with regular income. A Chapter 13 bankruptcy is ideal for those who want to catch up on mortgage payments and tax payments.

It’s essential to consult with a seasoned lawyer to determine the best option based on your family’s financial situation. A Bankruptcy Attorney can explain the process for each chapter, the pros and cons, and help your family make an informed decision. Additionally, families should consider and plan for their long-term financial goals. With the help of an experienced attorney, a family can gain a fresh financial start.

How A Bankruptcy Attorney Can Help Families
A Bankruptcy Attorney can play a critical role in helping families navigate the bankruptcy process. Below are some of the ways that they help families.

An experienced Bankruptcy Attorney takes a comprehensive look at the family’s finances, including their income, assets, debts, and expenses, to determine which chapter of bankruptcy is most suitable for them.
They explain the steps involved in filing for bankruptcy, including how to prepare and file the necessary paperwork, attend court hearings, and deal with creditors.
A skilled bankruptcy lawyer helps families understand the exemptions available to them, which will help them protect their assets during the bankruptcy process.
They ensure their client’s rights are protected and their interests are served.
They provide support and guidance throughout the bankruptcy process, helping families navigate any challenges that may arise.
They can provide peace of mind to families during a stressful and uncertain time. They can help ensure the bankruptcy process goes as smoothly as possible and help families achieve their financial goals.
Call Lincoln-Goldfinch Law For Help
If you’re a family facing financial difficulties and considering bankruptcy, it’s essential to work with a trusted and experienced attorney to guide you through the process. At Lincoln-Goldfinch Law, we have a team of knowledgeable Bankruptcy Attorneys who can help you understand your options and make the best decisions for your case.

Don’t navigate this complex process alone. Call Lincoln-Goldfinch Law today to schedule a consultation and take the first step towards a brighter financial future.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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Military service members often face unique financial challenges, including the potential for overwhelming debt. While filing for bankruptcy can provide a path to debt relief, we sometimes hear concerns that doing so may affect benefits, promotions, and security clearance within the military. However, it is essential to understand that these concerns are largely unfounded and that bankruptcy can be a viable option for military members looking to get out of debt.

This article explores the special circumstances faced by active duty military service members or veterans, such as housing allowances, disability benefits, and overseas deployment. It also discusses how filing for bankruptcy likely won’t affect the existing benefits, promotions, and security clearances associated with military service. Military bankruptcy attorneys can help active servicemen and veterans navigate the bankruptcy process so that they can secure financial wellness.

Navigating The Bankruptcy Process As A Member Of The Military Community

Military Service & Bankruptcy
Service members in the military often encounter a distinct set of financial difficulties that can make debt management challenging. For instance, housing allowances and other perks given to military personnel may fluctuate due to deployment or other circumstances.

Furthermore, disability benefits and other sources of income may have limitations or be subject to alterations. Despite these difficulties, it’s crucial to understand that filing for bankruptcy will not impact a service member’s current benefits, advancement opportunities, or security clearance within the military.

Special Circumstances For Military Service Members
The unique financial circumstances faced by military service members and veterans can make it difficult to manage debt. At Lincoln-Goldfinch Law, we are all passionate about ensuring that everyone is able to explore the pathways to financial relief that are available to them.

We are used to helping our clients navigate various circumstances. These include the economic challenges associated with frequent deployments, long periods of separation from families, and the inherent risks and sacrifices associated with military service.

Housing Allowances
Housing allowances are a common financial benefit for military service members stationed or deployed to certain areas. These allowances are intended to help cover the cost of housing, utilities, and other expenses.

While housing allowances can provide valuable financial support, they are also subject to change based on deployment status, making it challenging for service members to budget and manage debt. In some cases, the housing allowance amount may be reduced or increased, making it essential for service members to review their financial situation and adjust their budget accordingly regularly.

Disability Benefits
Military service members injured or who become ill while on active duty may be eligible for disability benefits. These benefits are intended to provide financial support to service members unable to continue their military service.

However, the number of disability benefits received can vary and may be limited in scope or subject to change based on a service member’s medical condition or other factors. This variability can make it challenging for service members to manage their debt and plan for the future.

Overseas Deployment
Service members deployed overseas can face various financial challenges related to the cost of living in a foreign country. For example, housing, food, and other essentials may be higher in certain areas, making it difficult to budget and manage debt.

Additionally, service members may face challenges when managing their finances from a distance, often facing hurdles that make it hard to access their bank accounts and pay bills. Service members overseas must consider these unique financial challenges when planning their finances and seeking debt relief.

Separation Pay
Service members separating from the military may be eligible for separation pay, which can help cover expenses associated with the transition to civilian life. This pay may provide financial support for housing, education, or other costs.

However, separation pay is also subject to taxes, which can reduce the amount received and make it difficult to manage debt. Service members separating from the military must consider this tax burden when planning their finances.

Readjustment Allowances
Like separation pay, readjustment allowances are intended to provide financial support to service members who are separating from the military. These allowances can cover expenses associated with the transition to civilian life, such as housing, education, and other essentials.

However, like separation pay, readjustment allowances may also be subject to taxes. Service members must evaluate this tax burden when managing their finances.

Family Separation Allowance
Service members separated from their families due to deployment, or training may be eligible for Family Separation Allowance (FSA). This financial benefit is intended to help cover expenses related to the separation, such as travel, communication, and other essentials.

FSA can provide valuable financial support to service members and their families during separation, helping reduce financial stress and improve overall well-being.

Post-9/11 GI Bill
Active duty service members who served in the military after September 10, 2001, may be eligible for educational benefits under the Post-9/11 GI Bill. These benefits can be used to pay for college, vocational training, and other educational expenses.

However, these benefits may be subject to change based on the service member’s deployment status or other factors. Service members must stay informed of their eligibility and the terms of their benefits to make the most of these educational opportunities and reduce their financial stress.

Despite these challenges, it is essential to understand that filing for bankruptcy will not affect existing benefits, promotions, or security clearance within the military.

The bankruptcy process is a legal procedure that has no bearing on a service member’s security clearance status, ability to receive promotions or other forms of advancement, or deployment status. Bankruptcy can be a viable option for military members looking to get out of debt and secure a debt-free life.

Protection For Service Members During Bankruptcy
Filing for bankruptcy as a military service member may seem daunting, but it is essential to understand that it will not affect existing benefits, promotions, or security clearance. This is protected under the Servicemembers Civil Relief Act (or SCRA), which provides financial and legal protections to active duty service members.

The Means Test is a specific financial calculation that determines qualification for Chapter 7 bankruptcy or, in a Chapter 13 bankruptcy, is used to assess how much (if any) will be paid to unsecured creditors.

This calculation is affected by certain kinds of benefits under the HAVEN Act and other laws. In some cases, active duty service members and veterans may be able to avoid the Means Test entirely.

A service member’s security clearance is usually not impacted by a bankruptcy filing, except perhaps those at the highest levels. This means service members can file for bankruptcy without worrying about losing their security clearance or access to sensitive information.

Similarly, promotions are also protected under the SCRA. Filing for bankruptcy will not affect a service member’s chances for promotion or advancement within the military. Generally, this means that service members can file for bankruptcy without worrying about any negative impacts on their military careers.

It is important to note that the SCRA only applies to active-duty service members, not veterans. However, veterans may still be eligible for other forms of financial protection through bankruptcy. An experienced Bankruptcy Lawyer can help navigate these options and ensure that a service member’s rights are protected throughout the process.

Understanding Military Bankruptcy: Key Considerations For Service Members

Help For Active Service Members & Veterans
Reaching financial wellness is an important goal for military service members. With their unique financial challenges, bankruptcy can be an effective way to get a fresh start and achieve financial stability. However, navigating the bankruptcy process can be complicated, especially for active service members who may be deployed or stationed overseas.

That’s where Bankruptcy Attorneys come in. They have extensive experience in helping clients navigate the bankruptcy process and are well-versed in the unique circumstances military servicemembers face. They are ready to help active service members and veterans understand the bankruptcy process and help them determine if it is the right choice for their financial situation.

A military bankruptcy attorney can help military service members understand their rights and protections under the law, including the special bankruptcy provisions for military service members, such as the Servicemembers Civil Relief Act (SCRA). The SCRA provides additional protections for military service members, such as the ability to delay certain legal proceedings, including bankruptcy proceedings, while on active duty.

In addition to helping military service members navigate the bankruptcy process, a Bankruptcy Attorney can also assist with debt negotiation and debt management while working with creditors to develop a payment plan that is affordable and manageable. They can also help military service members strategize how to gain long-term financial stability and rebuild one’s credit score so their finances can bounce back stronger than ever.

With the help of a Bankruptcy Attorney, active service members, and veterans can confidently navigate the bankruptcy process, knowing their rights are protected along the way.

How Can Lincoln-Goldfinch Law Help?
If you’re a military service member or veteran needing debt relief, you must work with a law firm that understands your unique challenges. At Lincoln-Goldfinch Law, we have a well-established track record of helping active duty service members and veterans with their bankruptcy cases.

We understand the unique circumstances that service members face, such as deployment, family separation, and limited income. Rest assured that we are passionate about ensuring these factors are considered when evaluating a client’s financial situation.

Additionally, Lincoln-Goldfinch Law offers various services to help military service members and veterans navigate the bankruptcy process. We are ready to provide guidance on the different types of bankruptcy options available, such as Chapter 7 and Chapter 13 bankruptcy filings, while also being transparent about the pros and cons of each. Our firm also works with clients to create a customized debt relief plan that considers their unique financial situation and goals.

We are committed to customer care. We understand that bankruptcy can be stressful and confusing. We have specific systems in place that allow us to work together with you in a collaborative way to make the bankruptcy process as smooth and as straightforward as possible. Our team is available to answer questions, provide support, and address clients’ concerns throughout the process.

If you’re a military service member or veteran in need of debt relief, consider giving us a call. Let us help you catch up on sleep! Reach out to us so that we can answer your questions or concerns. We are ready to put our experience, knowledge, and commitment to customer service to work for you! Regain control of your finances and get back on the path to financial stability.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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Gig work has become a popular alternative to traditional employment, with millions of people choosing to earn their livelihood through freelance, part-time, or short-term jobs. This type of work is known as gig work and falls under the umbrella of the gig economy. However, while gig work provides a lot of flexibility and freedom, it also comes with its challenges, particularly when filing for bankruptcy.

Bankruptcy is a process that allows individuals to gain relief from overwhelming debt. However, gig workers (especially those who may not have consistent income) face a unique set of circumstances when filing for bankruptcy. Gig workers may face difficulties in proving their income, tracking their expenses, and meeting the requirements of the bankruptcy process.

What happens when you file for bankruptcy as a gig worker? Find out more about the benefits and potential challenges and how bankruptcy attorneys can help you navigate the bankruptcy process by protecting your rights. Whether you are a gig worker or considering becoming one, this article will provide valuable insights and advice.

Examples Of Gig Work
Gig work encompasses many freelance and short-term jobs, many of which can be performed using a smartphone or a computer. Some of the most common examples of gig work include the following:

Ride-Sharing
Ride-sharing is a popular gig work option for those who own a vehicle. Drivers use their vehicles to provide transportation services to riders through apps. These services have revolutionized the taxi industry and have made it easy for people to access transportation on demand. Drivers can choose their hours and work as much or as little as they want, providing flexibility.

Food Or Package Delivery
Another popular gig work option is food and package delivery. Drivers use their cars or bikes to deliver food, packages, or groceries to customers through mobile apps. This is excellent for people who enjoy being on the road and earning money while staying physically active. It also offers the flexibility to work anytime, including during peak hours when delivery demand is high.

Pet Care
Pet care is a growing area of gig work that involves caring for pets, including walking, feeding, and providing companionship. Various apps can connect people with pet sitters and dog walkers, making it easy for people to find trustworthy and affordable pet care services. This gig work is perfect for people who love animals and are passionate about providing care and attention to pets.

Home Cleaning And Handyman Services
Home cleaning and handyman services are other popular areas of gig work. Some platforms connect people with gig workers skilled in various tasks, including cleaning, organizing, painting, and repairing. This gig work suits people who enjoy working with their hands and have experience in a particular trade.

Online Tutoring
Online tutoring is a growing area of gig work that allows people to teach and mentor students from their homes. Numerous online services connect students with experienced tutors who can help them with their studies. This gig work is perfect for people who are knowledgeable in a particular subject and have a passion for teaching and mentoring.

These are just a few examples of today’s many gig work opportunities. Regardless of which type of gig work you choose, it is essential to understand the benefits and challenges of this work style and how it may impact your finances, including your eligibility for bankruptcy.

Advantages And Disadvantages Of Gig Work
Gig work offers opportunities and challenges for those who participate in the gig economy. Understanding the benefits and drawbacks of gig work is essential before deciding if it is the right choice.

Advantages Of Gig Work
Flexibility: One of gig work’s most significant advantages is its flexibility. Gig workers can create their schedules, choosing when and where they want to work. This allows them to balance work with other commitments, such as family or education, and to work at times that suit their lifestyle. It also allows workers to work around other responsibilities or challenges, such as disabilities or caregiving responsibilities.
Control over earnings: Another advantage of gig work is the control that gig workers have over their earnings. They can choose which jobs they accept and increase their profits by working more hours or taking on more challenging or high-paying jobs. This gives gig workers more control over their financial future and can provide financial stability for those who are self-employed.
Work from home: Many gig work opportunities can be performed from the comfort of home. This can be a significant advantage for those who live in remote areas or have mobility issues. It can also save time and money on commuting costs and provide a more comfortable work environment.
Disadvantages Of Gig Work
Lack of benefits: One of the most significant disadvantages of gig work is the lack of benefits. Gig workers are typically classified as independent contractors and do not receive benefits such as health insurance, paid time off, or unemployment insurance. This can leave gig workers vulnerable to illness, injury, or job loss. This can make it more challenging to plan for their financial future.
Irregular income: Another disadvantage of gig work is the irregularity of earnings. Gig workers may experience fluctuations in their income due to changes in demand for their services or other factors beyond their control. This can make budgeting and planning for the future complicated and make it challenging to secure loans or other forms of credit.
Without an employer, gig workers are also responsible for paying their own income taxes.

Lack of job security: Gig work also provides no job security. Gig workers can be hired or fired at any time, and their income can be impacted by weather, economic downturns, and changes in demand for their services. This unpredictability can be stressful for those who rely on gig work as their primary source of income and can make it more challenging to plan for the future.
Unpredictable expenses: Gig workers are responsible for their costs, including vehicle maintenance, gas, and insurance. This can be a significant burden, especially for those who rely on gig work as their primary source of income. The cost of doing business can add up quickly, and gig workers must be prepared to handle these expenses to succeed.
Gig work offers advantages and disadvantages, and it is essential to carefully consider these factors when deciding whether or not it is the right choice for you. Additionally, it is crucial to understand how gig work may impact your finances and eligibility for bankruptcy and to seek the guidance of a Bankruptcy Attorney if necessary.

How A Bankruptcy Attorney From Lincoln-Goldfinch Law Can Help
Gig workers face unique challenges when it comes to filing for bankruptcy. They need to work with an attorney who understands these challenges and can provide the appropriate guidance. Our bankruptcy attorneys (and the entire team at Lincoln-Goldfinch Law) are ready to help gig workers navigate the bankruptcy process and ensure their rights are protected.

Understanding The Impact Of Gig Work On Bankruptcy
Everyone at Lincoln-Goldfinch Law understands how gig work can impact the bankruptcy process. We work with all of our clients, to explain how irregular incomes (when applicable)may affect their eligibility for bankruptcy and how to provide the necessary documentation to support their filing. Our legal team is also here to help all of our clients strategize so that tracking expenses becomes a smoother process.

Help Keep Track Of Gig Worker’s Finances
Our Bankruptcy Attorneys can help gig workers keep track of their finances by helping form a budgeting and financial plan for the long term, and navigate bookkeeping.

Navigating The Bankruptcy Process
Our bankruptcy lawyers are here to assist gig workers through bankruptcy and help them understand their options. They can explain the differences between Chapter 7 and Chapter 13 bankruptcy and help gig workers determine which type suits them. Moreover, we can help gig workers understand the Means Test and how it applies to their situation.

Providing Legal Representation
Lincoln-Goldfinch Law is alongside you every step of the way. It is a privilege to provide legal representation to gig workers throughout the bankruptcy process. Whenever we represent a client, we are ready to assist our clients (such as gig workers) in filing the necessary paperwork to represent them in court. This can be especially important for those facing legal challenges, such as foreclosure or repossession, as an attorney helps clients understand their rights and defend their interests.

Protecting Gig Workers’ Rights
We are here to explain how bankruptcy laws apply to freelancers and ensure everyone’s rights are protected. Gig workers face unique challenges when it comes to filing for bankruptcy, and they need to work with a lawyer who understands these difficulties and can provide the appropriate guidance. Lincoln-Goldfinch Law is here to help you thoroughly understand how gig work can impact the bankruptcy process.

We are honored to guide our clients who are gig workers through the process by providing legal representation, helping them keep track of their finances, and protecting their rights.

Get Help From Lincoln-Goldfinch Law
Reach out to Lincoln-Goldfinch Law so you can start your journey to financial wellness. We are ready to guide individuals through the complexities of the bankruptcy process, no matter the source of their debt. Don’t hesitate to contact Lincoln-Goldfinch Law today for a consultation and take the first step towards a fresh financial start.

Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555

Kate Lincoln-Goldfinch
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If you are facing eviction, or know someone who is, bankruptcy can help. Whether you want to stay at home, or leave without the back rent debt following you, there are solutions in filing bankruptcy.

Let’s discuss what eviction is. Eviction is a legal process that ends in a judgment recorded with the clerk of the court. With that judgment, the landlord can have law enforcement remove the renter from the residence. You can dispute the eviction under certain circumstances. For example, if you believe you are being evicted as retribution, or due to your race, you may want to contact a landlord-tenant attorney. Bankruptcy deals only with the debt associated with eviction, not the basis for eviction.

If you have fallen behind on your rent payments, bankruptcy can either eliminate (“discharge”) that debt, or give you time to catch up on your rent payments. Once a bankruptcy is filed creditors are prohibited from any attempts to collect from you. This is called the automatic stay: automatic, in that nothing needs to be done once you file - it happens automatically, and stay, as in stay away, bill collectors! Collection activity can be many different things: asking you for money, sending a bill, filing a lawsuit for collection or eviction, even reporting an amount due on your credit report. All of these are forbidden once a bankruptcy is filed.

If you are behind on your rent and believe you may be facing eviction, bankruptcy could help you, but your attorney will need to know what your plans are in order to guide you. For example:

  • If you want to stay in the rental, but need time to catch up on payments, you may want to consider filing a Chapter 13 bankruptcy petition. In a Chapter 13, you make monthly payments that are tailored to your budget, allowing you time to catch up while also providing you with the protection from eviction.
  • If you want to move out of the rental, a Chapter 7 may be better suited for you. In a Chapter 7, there is no monthly payment (as in a Chapter 13). You can “reject” your rental lease, and the back rent is forgiven (“discharged”).

Of course, your specific situation will also determine which chapter to file. For example, if you do not have any monthly income, or insufficient monthly income, making a Chapter 13 monthly payment will be impossible. Or, if you prefer to file a Chapter 7 but have high income, you may not qualify for a Chapter 7 and may need to consider a Chapter 13. (If you are in this situation and do want to leave the rental, you can still do that in a Chapter 13.)

As with many other parts of life, timing is everything. Waiting until after an eviction is filed, or even after a judgment has been entered, limits your options. It’s best to be proactive. An eviction has several steps:

  1. A verbal request for late rent;
  2. A 3-day “Pay or Vacate” notice;
  3. Filing of an eviction lawsuit. A hearing will be scheduled at least 10 days after the petition is filed;
  4. Eventually, a judgment will be entered. There can be no action for 5 days after the judgment is entered;
  5. Writ of Possession: 24 hours after the court issues a writ of possession, the renter and possessions are removed from the rental.

The best time to file a bankruptcy - the time that gives you the most options - is during or before the Pay or Vacate notice. At this point, there is nothing filed with the courts, so your next landlord will not see any “red flags.” Moving to a new rental will be easiest at this point. Furthermore, filing a bankruptcy before any court action simplifies the proceedings considerably.

If an eviction petition has been filed, but no judgment has been entered, filing your bankruptcy will stop a judgment from being entered. Your next landlord will not see anything about the eviction petition on a credit report, but if they check court filings, they may see a “red flag” on the court website. A bankruptcy can still stop collection from the landlord, and if you so choose, give you time to catch up on rent.

Once a judgment has been entered, you can still file your bankruptcy to buy yourself some time to either catch up on rent (through a Chapter 13) or to move. The judgment will likely show on a credit report, which future landlords will see. This could limit your options as you search for a new home to rent. Bankruptcy cannot remove the judgment from your credit report—it only addresses the debt coming from that judgment.

Bankruptcy can help if you have fallen behind on rent. With eviction moratoria across the state ending on December 31st, it is best to be proactive, and call us today for a free consultation.

 

Lincoln-Goldfinch Law

1005 E 40th St Austin, TX 78751

(855) 502-0555