Affiliated Attorneys, LLC Blog

Monday, October 7, 2019

Why You Should Give Your Spouse Power Of Attorney

Married couples will often have legal estate documents prepared together.  Such documents may include a will, leaving all property to the surviving spouse and/or the couple’s children, and a heath care proxy (sometimes known as a living will) to direct the spouse how to handle medical issues if one spouse becomes incapacitated.   However, another estate document may be beneficial for spouses -- a durable power of attorney.  

What is a durable power of attorney?

A durable power of attorney (POA) is a power of attorney given in the event of disability (whether mental or physical) by one spouse and directs the other spouse how to handle certain business or monetary activities detailed in the agreement.  Some instances of disability could include mental illness, physical illness, advanced age, drug use, alcoholism, confinement or disappearance.  

While state law may grant spouses certain rights to act for the other spouse, some activities may or may not be covered.  A power of attorney also helps spouses who may have separate ownership of property by giving the spouse the right to act on behalf of the incapacitated spouse. 

Some examples of business decisions in real estate matters where the well spouse is not a co-owner (perhaps because the real estate was a premarital asset or for other tax reasons) and can act for the incapacitated spouse are:

  • If the incapacitated spouse owns rental property, the other spouse can collect rent
  • To pay real estate taxes for properties that may not in both spouses ownership
  • To handle issues related to any mortgages
  • To take out property insurance

Some other general business related functions a durable power of attorney can include: 

  • To sue on the collect of a debt
  • To file for bankruptcy
  • To write checks and do banking transactions
  • To sell stock or other securities
  • To file tax returns
  • To manage retirement accounts
  • To borrow money
  • To make loans
  • To make charitable donations
  • To hire attorneys, accountants or other professionals

In the event state law did not allow a spouse to do any of the functions described above for its incapacitated spouse, a durable power of attorney signed by the incapacitated spouse before the disability (and notarized for validity) can come in handy in a family emergency. 

Friday, September 20, 2019

An Overview of Priority Debts in Bankruptcy

When filing for bankruptcy, debt will be grouped into two primary categories: secured and unsecured. Secured debt is asset-backed debt in which the lender has a property interest, such as a  car loan or a mortgage. If you take out a $100,000 mortgage to acquire a home, and the mortgage is secured by the property you’re acquiring, then the bank has a “property interest” in the home for the value of the outstanding loan. Similarly, an auto lender will retain a property interest in the vehicle for the outstanding value of the loan.

Comparatively, unsecured debts are not asset-backed. These are loans where the only recourse the lender has is to attempt to get you to pay – they cannot repossess your property as you have not pledged it as collateral. A common example of unsecured debt is a credit card. The bank lends you credit without any guarantee beyond your word that you’ll pay it back.

When filing for bankruptcy, secured debts are paid first based on the assets that they are secured by. Unsecured debts are satisfied second. However, unsecured debts are further divided into two categories for order of payment: priority and nonpriority. Priority debts are debts that are specifically identified in the Bankruptcy Code to be paid before other unsecured debts. Additionally, priority debts are not dischargeable in bankruptcy. This means that filing for bankruptcy will not eliminate your priority debt obligations.  Comparatively, non-priority unsecured debts are all other debts such as credit card debt, medical debt, and personal loans.

Priority debts are explicitly defined by the Bankruptcy Code meaning that unless the unsecured debt is expressly identified as being a priority debt, it is an unsecured non-priority debt and generally dischargeable in bankruptcy. Common priority debts include:

  • Legal fees and other costs associated with the bankruptcy;
  • Child support;
  • Spousal support (alimony);
  • Money owed to the government such as income tax or overpaid benefits;
  • Money owed for causing the death or personal injury of another person as a result of drug or alcohol consumption; and,
  • Criminal fines and fees.

To help provide some context to priority debts and bankruptcy, consider a Chapter 7 bankruptcy where assets are liquidated to pay outstanding debts. After the secured creditors are paid, the debtor has $30,000 remaining. The debtor still owes $45,000 in unpaid child support and $20,000 in credit card debt. The trustee will first deduct the costs of the bankruptcy from the remaining $30,000 – let’s say $2,000 in this example. Now, the trustee will pay off the unsecured debts with the unpaid child support first. The remaining $28,000 will go to the unpaid child support reducing it to $17,000. Because there is no money left to pay remaining debts, the credit card debt will go unpaid and be discharged because it’s unsecured non-priority debt. However, the remaining $17,000 of child support will not be discharged and will continue to be owed following the bankruptcy due to its priority debt status.

Understanding the intricacies of asset and debt classification is essential when filing for bankruptcy.

Friday, September 13, 2019

An Overview of Chapter 12 Bankruptcy

Bankruptcy provides individuals and businesses with an opportunity to restructure or discharge their debt when needed. The most common bankruptcies are Chapter 7, Chapter 11, and Chapter 13. Chapter 7 cases allow for the discharge of debt while cases under Chapters 11 and 13 allow for the reorganization of debt. A relatively unknown bankruptcy chapter, and a fairly recent addition to the Bankruptcy Code is Chapter 12, which came into effect in 1986. Although Chapter 12 operates similar to Chapter 13 since it allows for the restructuring of debt, it is only available to farmers and fishermen.

Who May File for Chapter 12 Bankruptcy?

“Family farmers” and “family fishermen” who have “regular annual income” are permitted to file for Chapter 12 Bankruptcy. Under the Bankruptcy Code, family farmers and family fishermen may be (1) either an individual or individual and spouse, or (2) a corporation or partnership. To qualify as an individual or individual and spouse, the following criteria must be met:

  1. Must be engaged in a farming or commercial fishing operation.
  2. Total debts must not exceed $4,153,150 for a farming operation or $1,924,550 for a commercial fishing operation.
  3. At least 50% of a family farmer’s fixed debts and 80% of a commercial fisherman’s fixed debts must be related to the commercial operation.
  4. More than 50% of the individual’s or individual and spouses’ gross income for the preceding tax year must be from the commercial operation.

For a corporation or partnership to qualify, the following criteria must be met:

  1. At least half the stock in the business must be owned by a single family (including relatives).
  2. The family must conduct the commercial operations.
  3. More than 80% of the value of the business’ assets must be related to the commercial operation.
  4. Total debts must not exceed $4,153,150 for a farming operation or $1,924,550 for a commercial fishing operation.
  5. At least 50% of a commercial farm’s fixed debts and 80% of a commercial fishery’s fixed debts must be related to the commercial operation.
  6. The stock cannot be publicly traded.

What is the Repayment Plan?

For a Chapter 12 bankruptcy, the debtor must propose a repayment plan that will pay back creditors through installment payments for a period of 3 to 5 years. The default duration is 3 years and court approval must be sought for payment plans extending beyond 3 years. When a proposed repayment plan extends beyond 3 years, the court will review the case and determine whether cause exists to grant the extended plan. If cause is not identified, then the payment plan must not exceed 3 years. Once the payment plan has been accepted by the courts and the installment payments completed, the courts will grant a discharge of the remaining debts and close the bankruptcy case.


Friday, September 6, 2019

5 Possible Alternatives to Foreclosure

Being delinquent on your mortgage is a scary time. You’re faced with potentially losing your home at a time when you need stability. If you’re behind on your mortgage payments, there are several options available to avoid foreclosure and protect your future.

      1. Sell the property

        If you have equity in the home, you can simply put the home up for sale. If you are behind on mortgage payments and owe less on the home than it is worth, you can sell the home, repay the loan in full, and keep the difference to help rebalance your finances.

      2. Rent the property

        Depending on your mortgage payments, you may be able to rent the home. In a situation where the rental income covers the mortgage payment and you have an alternative place to live, you can avoid foreclosure by continuing to pay the mortgage via the rental income. Similarly, you can always rent out a room or area of your home to help supplement your income while remaining in the home to help pay the mortgage payment.

      3. Negotiating a workout agreement with your lender

        In most situations, the lender does not want to foreclose. The costs of foreclosure are high when factoring in legal fees and potential complications due to state law. For many lenders, they are likely to find themselves in a situation where they are losing money by attempting to foreclosure and then sell. Rather than foreclose, some banks will consider workout agreements. A workout agreement is a mutual agreement between the debtor and lender establishing new covenants and repayment terms. For many individuals who are behind on their mortgage payments, a simple call to your lender or mortgage servicer can provide the relief that you need.

      4. Short sale

        If you owe more on the home than it’s worth, the lender may agree to a short sell. A short sell is a sale of the property for less than the value of the mortgage. While the bank loses money on the difference in sale price and outstanding mortgage, it may still agree as this could be less costly to them than foreclosing.

      5. Deed in lieu of foreclosure

        As noted above, foreclosure can be a costly endeavor for a lender. Rather than spend the money on the legal fees of a foreclosure, the lender may be willing to accept a deed in lieu of foreclosure. A deed in lieu of foreclosure is a transfer of the property from the debtor to the lender to satisfy the outstanding debt. The process can reduce the stress of foreclosure on both parties, and will result in the lender discharging any outstanding debt secured by the property.

There are many alternatives to foreclosure. Here, we have identified five of the most common methods.

Friday, August 23, 2019

What is the National Interest Waiver?

The national interest waiver is an individual petition under the US’s second preference program for the employment-based immigrant visa (the “EB-2”). The EB-2 visa allows individuals to work in the U.S. based on their specific employment-related skills. To qualify for the EB-2 visa, individuals must have either an advanced degree or have an exceptional ability. To qualify for advanced degree eligibility, the applicant must possess a baccalaureate degree plus five years of progressive work experience in that field. Alternatively, an individual may show exceptional ability in the sciences, arts, or business. “Exceptional ability” is defined as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

To meet the criteria for exceptional ability, at least three of the following must be met:

  1. Official records indicating degrees or awards from recognized institutions relating to the claimed area of exceptional ability.
  2. Letters documenting 10 years of full-time employment experience in the claimed area.
  3. A professional license for the occupation.
  4. Compensation indicating exceptional abilities, such as pay well beyond median amounts or strong performance bonuses.
  5. Membership in professional associations.
  6. Recognition of achievements and accomplishments in the asserted area of exceptional ability given by peers, government entities, and professional organizations.
  7. Other comparable evidence of eligibility showcasing exceptional ability may be considered.

If eligible to apply for the EB-2 visa, applicants must have an offer of employment from a U.S. employer who is willing to petition the government for a labor certificate for that individual. The labor certificate is not guaranteed and can be very costly for employers. As a result, many employers are reluctant to petition for the labor certificate which drastically increases the difficulty in receiving an EB-2 visa.

Alternatively, certain individuals may petition for a national interest waiver which eliminates the requirement for a labor certificate. National interest waivers are only granted to individuals with exceptional ability and whose employment in the U.S.  would greatly benefit the nation. Thus, individuals may use the national interest waiver exception to eliminate the requirement that potential employer petition for the labor certificate, reducing the risk for the employer and increasing the chances of the individual to be hired and granted the EB-2 visa.


Friday, August 16, 2019

Who is Eligible for Chapter 7 Bankruptcy?

There are multiple “chapters” of bankruptcy, such as Chapter 7 and Chapter 13, but what does it all mean? The chapter simply refers to which chapter in the bankruptcy code is being relied upon in the petition for bankruptcy. Each chapter has different requirements, costs, and consequences, and each should be reviewed extensively before deciding for which to file. This post will focus on Chapter 7 bankruptcy and who is eligible to file.

Chapter 7 bankruptcy is a liquidation event. This means that when a Chapter 7 bankruptcy petition is filed, the goal is to liquidate assets and pay whatever debts are possible. The unpaid debts will be discharged, which means that they are wiped out and no longer owed. When paying back debts, secured debts are paid back first. Secured debts are debts with pledged assets as collateral, such as a mortgage on a property. Next, non-dischargeable debts are paid back, such as child support, payroll taxes, and certain court judgments. Finally, if any money remains, unsecured creditors will be repaid. Unsecured creditors include credit card companies and other creditors who have extended credit without collateral. Regardless of whether the non-dischargeable debt is satisfied, it is not discharged following a Chapter 7 bankruptcy. However, any outstanding secured or unsecured debts are discharged upon completion of a Chapter 7 bankruptcy.

Given that debts are discharged under Chapter 7 bankruptcy, the eligibility requirements are stringent. To ensure that Chapter 7 bankruptcy is not taken advantage of, a two-part means test was created to determine whether the individual is actually in need of Chapter 7 bankruptcy. The means test first considers whether the petitioner’s household income over the past six months is greater than the state’s median income for a similarly situated household. For example, if you are married with one child and a household income of $50,000 while the state median income for a similar household is $65,000, then you’ve passed the first part of the Chapter 7 bankruptcy means test. If your household income is less than the state median income, you qualify for Chapter 7 bankruptcy. If your income is greater than the state median, then there is a second test for eligibility.

Second, the means test considers disposable income. To determine whether your disposable income is low enough, you first need to determine your expenses for the past six months. This is a rather meticulous undertaking that involves gathering receipts or proof of purchase for all “allowable expenses” such as rent, groceries, clothing, and medical expenses. The allowable expenses are then deducted from your income to determine your disposable income. You may qualify for Chapter 7 bankruptcy if your disposable income is low enough for your state. Each state has different limitations on disposable income.

Although filing Chapter 7 bankruptcy can be a complex and challenging endeavor, it will offer you a fresh start, provided that you have proper legal representation.

Friday, August 2, 2019

What is the Board of Immigration Appeals?

The Board of Immigration Appeals is the highest administrative body for issues pertaining to immigration laws. It is an administrative appellate body that reviews decisions made by United States immigration courts and district directors of the Department of Homeland Security, among other departments. The Board of Immigration Appeals is headquartered in Falls Church, Virginia.

What are the Powers of the Board of Immigration Appeals?

The Board of Immigration Appeals has the authority to review and potentially overturn decisions made by immigration courts, the United States’ Citizenship and Immigration Services, and the Department of Homeland Security. While the Board of Immigration Appeals is the highest administrative body for immigration law, it is not the highest authority. Some decisions made by the Board of Immigration Appeals can be appealed to the United States’ Court of Appeals, and then potentially to the Supreme Court of the United States.

Who Makes up the Board of Immigration Appeals?

The Board of Immigration Appeals is authorized to be comprised of up to 21 Board Members with a Chairman and Vice Chairman. A current list of Board Members can be found here.

Who will Hear an Appeal to the Board of Immigration Appeals?

When making an appeal to the Board of Immigration Appeals, you may have a single Board Member or a three-Board Member Review Panel. A three-board Member Review Panel is used in the following situations:

  • Settling inconsistencies among the rulings of different immigration judges
  • Establishing precedent construing the meaning of laws, regulations, or procedures
  • Reviewing decisions by immigration judges or the Immigration and Naturalization Service (INS) that are not in conformity with the law or with applicable precedents
  • ¸Resolving cases or controversies of major national import
  • Reviewing clearly erroneous factual determinations by immigration judges

For appeals not satisfying one of the above criteria, a single-Board Member Review is to be expected.

How Does the Board of Immigration Appeals Review Cases?

In the past, the Board of Immigration Appeals reviewed cases on what is known as a de novo standard which meant that the Board could disregard the immigration judge’s finding of fact or reasoning. However, in an effort to streamline the Board of Immigration Appeals and clear out the backlog, a new rule was put in place which requires the Board Member, or three-Board Member Review Panel, to find the immigration judge’s findings “clearly erroneous” in order to disregard them. Thus, under the new “clearly erroneous” standard, it is much harder for the Board of Immigration Appeals to overturn a prior decision made by an immigration judge.

What Happens if I want to Appeal to the Board of Immigration Appeals?

If you want to appeal an immigration court decision, or another decision appealable to the Board of Immigration Appeals, you should first consult an experienced immigration attorney near you. Once the appeal has been filed, the Board may review the decision and give a ruling based on its review. In some situations, the Board may request a personal appearance, such as when granting a request for oral arguments on a motion, although this occurrence is quite rare.


Friday, July 26, 2019

The Basics of Naturalization

For many, becoming a U.S. citizen is a long-awaited dream come true. However, the process of naturalization can be complicated and is often not well-understood. As an overview, the first step is to assess your eligibility to apply for naturalization. If you’re eligible, then you will need to file an application for naturalization. After the application has been assessed, you may be invited to attend an interview and then to take an English and civics test on U.S. history, government, and other areas deemed necessary to assimilate. The following subsections will address each step in more detail.


To apply for naturalization, you must first meet several eligibility requirements set out by the U.S. Citizenship and Immigration Services (“USCIS”):

  • You must be at least 18 years of age
  • You must be a lawful permanent resident of the United States for at least five years prior to applying for naturalization
  • You must have been physically present in the United States for at least five years prior to applying for naturalization
  • You must be able to understand and speak English
  • You must be of good moral character

For certain applicants, however, eligibility for naturalization is slightly different. If you are currently married to and living with a U.S. citizen, and you and your spouse have been living together for the past three years, and your spouse has been a U.S. citizen for the past three years, then you are only required to have been a permanent resident and have had continuous residence in the United States for three years. Similarly, if you are currently in the U.S. Armed Forces or will be filing your application within six months of an honorable discharge, and you have at least one year of service, then you only need to be a permanent resident at the time of your interview.

Filing for Naturalization

To file for naturalization, you will need to complete Form N-400 (Application for Naturalization), acquire two photographs of yourself that meet USCIS’s requirements, gather all necessary documents related to the application, and then send your application with all documents and filing fees to the relevant service center.

Interview and Tests

Once you’ve filed your application and USCIS has determined your initial eligibility, they will contact you to set up an interview and to take the English and civics test. The interview is designed to determine the sincerity of your claims and the legitimacy of your application. The English test then ensures that you speak and understand English while the civics test ensures that you understand the tenets of American society.

After Completing the Tests

Once you’ve completed the interview and successfully passed the test, you will receive a ceremony date where you will take the oath of allegiance to the United States, submit your permanent resident card, and answer follow up questions to your interview before officially becoming a U.S. citizen.


Friday, July 19, 2019

When is Chapter 11 Bankruptcy Available to Individuals?

Deciding which chapter of bankruptcy to file is almost as important as the decision to file bankruptcy itself. Many individuals are familiar with bankruptcy being identified by chapters, but few understand the differences between them. Chapter 11 bankruptcy is available to both businesses and individuals. Under a Chapter 11 bankruptcy, an individual or business may reorganize their debts to make payments manageable given their income. Chapter 11 bankruptcy is generally an option when the business or individual has a continuing source of income, but that income is insufficient to continue to pay outstanding debt obligations.

Although it’s relatively uncommon for individuals to file for Chapter 11 bankruptcy due to its extraordinarily high costs, filing for Chapter 11 bankruptcy may be appropriate when the individual has too great an income for Chapter 7 bankruptcy or has debts that exceed the Chapter 13 bankruptcy allowance. Because Chapter 11 bankruptcy has extremely high fees, it is generally seen as a last resort when an individual doesn’t qualify for Chapter 7 or 13 bankruptcy filings.

Under federal law, anyone individual may choose to file Chapter 11 bankruptcy. As noted, however, the fees associated with Chapter 11 bankruptcy often result in only corporations and high network individuals filing. Chapter 11 offers several advantages for individuals when compared to Chapters 7 and 13 bankruptcy filings.

First, if you owe more than $1,081,400 of secured debt or $360,475 of unsecured debt, you are not eligible for a Chapter 13 bankruptcy filing. Thus, for those with debts in excess of the Chapter 13 bankruptcy maximum, a Chapter 11 bankruptcy filing may provide relief to individuals. Similarly, having too great an income can cause you to fail the Chapter 7 bankruptcy means test which. Thus, Chapter 11 bankruptcy provides debt restructuring relief for those who have too much debt for Chapter 13 bankruptcy or too much income for Chapter 7 bankruptcy.

Second, if you owe more on a car than it’s worth and you financed it within 910 days of the Chapter 11 bankruptcy petition date, you are eligible to “cram down” the car loan. A cram down wipes out the debt in excess of equity. For example, if you buy a vehicle worth $25,000 and petition for Chapter 11 bankruptcy two years after buying it (within the cram down window), and you can show that you owe $20,000 on the vehicle while it’s only worth $15,000, the $5,000 difference may be wiped out and the debt restructured to $15,000.

Third, if you have non-dischargeable debts, such as owing child support and payroll taxes, penalties and interest associated with these unpaid debts will be stopped upon a petition for Chapter 11 bankruptcy. Thus, a Chapter 11 bankruptcy can provide you the time necessary to organize your finances to pay back these non-dischargeable debts.

When choosing which bankruptcy chapter to file, there are a multitude of factors that need to be considered.

Friday, July 5, 2019

Gaining Citizenship Through Your Parents or Birth

There are four primary methods of becoming a U.S. citizen: (1) being born on U.S. soil, including U.S. territories, (2) being born to American parents, (3) at least one of your parents becoming a naturalized citizen, or (4) becoming a naturalized citizen by living in the U.S. legally. This post will focus on the first three methods of obtaining U.S. citizenship.

Being Born in the U.S. or in a U.S. Territory

Many individuals who were born within the U.S. or a U.S. territory but have lived abroad their entire life may not realize that they are still U.S. citizens. If you were born within the U.S., you instantly receive U.S. citizenship. However, birth in a U.S. territory, such as Guam or the Virgin Islands, does not automatically grant U.S. citizenship. Individuals born in a U.S. territory may be granted citizenship if one or both parents were U.S. citizens and physically present in the U.S. or one of its territories for a continuous period of at least one year at the time of birth.

Being Born to American Parents

Even if you were not born in the U.S. or in a U.S. territory, you may still be a U.S. citizen or eligible to become one. The law regarding automatic citizenship resulting from birth to at least one U.S. citizen parent has changed multiple times throughout recent history. To best determine whether you automatically received U.S. citizenship as a result of birth to at least one U.S. citizen parent, you will need to identify the law in effect at the time of your birth.

Your Parents Becoming U.S. Citizens

If your parents become naturalized citizens, you too may be eligible for U.S. citizenship through “derivation.” Generally, if you held a green card and were under 18 years of age at the time one of your parents becomes a naturalized citizen, then you automatically derive U.S. citizenship. However, like the law pertaining to being born to at least one American parent overseas, the laws surrounding derivation have changed several times over the years. To ensure that you fully understand the law applicable at the time of at least one parent’s naturalization, consult with an experienced immigration attorney near you.

In addition to obtaining U.S. citizenship through one of the three above mentioned methods, you may be a U.S. citizen through a combination of methods. For example, your parents may unknowingly be U.S. citizens due to derivation or being born to a U.S. parent overseas. As a result, you may also be a U.S. citizen.


Friday, June 28, 2019

What is a “No Asset” Case?

A “no asset” case is a specific type of Chapter 7 bankruptcy. When filing Chapter 7 bankruptcy, certain assets are exempt from the bankruptcy proceedings and thus protected from unsecured creditors attempting to recover for the debts owed. A no asset case is when all of the property owned by the debtor filing bankruptcy falls within the category of exempt property.

In Chapter 7 bankruptcy, there is no attempt to renegotiate payment plans or continue to pay for debts. When a Chapter 7 bankruptcy is filed, the debtor’s non-exempt assets are sold off to pay debts owed to unsecured creditors. Because unsecured creditors do not have a security interest in the debtor’s property, they are relegated to whatever non-exempt property can be seized and sold by the bankruptcy trustee. Thus, a situation in which the debtors owns no assets that are available for the trustee to sell and repay unsecured creditors is often referred to as a “no asset” case.

Exempt vs Non-Exempt Property

In a Chapter 7 bankruptcy proceeding, property owned by the debtor is categorized as exempt or non-exempt. By law, exempt property cannot be sold by the trustee to repay unsecured creditors. Property exemption is generally a matter of state law and thus is different from state to state. For example, the State of Texas is notoriously difficult to collect unsecured debt because the classification of exempt property is so broad. In Texas, your entire residence likely falls within the homestead exemption that protects your house from being sold to satisfy debts owed to unsecured creditors in a Chapter 7 bankruptcy. Comparatively, Wisconsin’s homestead exemption covers $75,000 of the home per person.

To illustrate the difference between the state laws, assume that a couple owns a home on one acre of land worth $500,000, and there is no mortgage against the property. In Texas, this one-acre home would be fully covered by the homestead exemption and the couple filing Chapter 7 bankruptcy would be able to keep the house. Additionally, if their personal property fell within the exemption amounts, they would have a no asset case.

Conversely, if the couple with the home filed for Chapter 7 bankruptcy in Wisconsin, only $150,000 of their home would be covered under Wisconsin’s homestead exemption. What this translates to is that the home would be sold by the trustee for the fair market value of approximately $500,000. Then, the couple would receive $150,000 – the amount of their homestead exemption. The trustee would then pay the remaining $350,000 to the unsecured creditors to satisfy outstanding debts.

In the two scenarios, the couple would have a no asset case when filing Chapter 7 bankruptcy in Texas, whereas the same valued property in Wisconsin would fail to be a no asset case as the couple owns property not fully covered by the exemptions. Planning for Chapter 7 bankruptcy is complex and requires an intricate knowledge of federal and state bankruptcy law. Due to the complexity, consulting with an experienced bankruptcy attorney is essential if you are considering filing for Chapter 7 bankruptcy.


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