Ashley Morgan is here to share on filing for bankruptcy the right way. There has been a rising demand for bankruptcy services amid job losses and contracting challenges in the D.C. area, particularly among government contractors, and Ashley's VA based Law Practice has been doing a lot of work on these cases for both individuals and businesses. Ashley explains how bankruptcy can offer a fresh start, protect certain assets like homes or retirement accounts, and in some cases discharge tax and SBA debt. The conversation also covers the complexity of student loan discharge, the importance of asset protection and planning before filing, and misconceptions around credit damage post-bankruptcy.
We discuss...
- Ashley Morgan, a bankruptcy attorney near D.C., discussed the rising demand for her services amid increasing job losses, particularly among government contractors.
- The economic slowdown in the D.C. area is creating a trickle-down effect, impacting local small businesses as stable government money dries up.
- Bankruptcy is a legal, court-supervised process to eliminate or restructure debt, offering individuals a fresh financial start.
- The U.S. system allows broader bankruptcy relief compared to many other countries, though outcomes depend heavily on income, assets, and debt type.
- Common types of bankruptcy include Chapter 7 (liquidation), Chapter 13 (repayment plan), Chapter 11 (business restructuring), and Chapter 12 (for farmers/fishermen).
- Chapter 11 is often used by large businesses to renegotiate leases, restructure payments, or close unprofitable locations.
- Small business owners can file Chapter 7 to shut down a business, but Chapter 11 can be cost-prohibitive for many.
- Personal credit isn't always impacted by business bankruptcy unless the owner personally guaranteed business debt.
- Bankruptcy doesn’t automatically ruin credit—many filers see credit scores rebound shortly after filing.
- Asset protection during bankruptcy varies by state; homestead exemptions can protect homes, but limits differ widely.
- Timing and transparency are critical—transferring assets before filing may trigger fraudulent conveyance issues.
- Retirement accounts (e.g., 401(k)s, IRAs) are often protected and can be used strategically before filing.
- Student loans are generally not dischargeable, though rare exceptions exist through adversary proceedings under "undue hardship."
- SBA and certain tax debts may be dischargeable under specific conditions, like being sufficiently old and properly filed.
- Ashley emphasizes the importance of early education, legal consultation, and realistic expectations about outcomes when considering bankruptcy.
Today's Panelists:
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For more information, visit the show notes at https://moneytreepodcast.com/filing-for-bankruptcy-ashley-morgan-712