Money Tree Investing

Filing for Bankruptcy the Right Way with Ashley Morgan


Listen Later

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:

  • Kirk Chisholm | Innovative Wealth
  • Barbara Friedberg | Barbara Friedberg Personal Finance

Follow on Facebook: https://www.facebook.com/moneytreepodcast

Follow LinkedIn: https://www.linkedin.com/showcase/money-tree-investing-podcast

Follow on Twitter/X: https://x.com/MTIPodcast

 

For more information, visit the show notes at https://moneytreepodcast.com/filing-for-bankruptcy-ashley-morgan-712 

...more
View all episodesView all episodes
Download on the App Store

Money Tree InvestingBy Money Tree Investing Podcast

  • 4.6
  • 4.6
  • 4.6
  • 4.6
  • 4.6

4.6

646 ratings


More shows like Money Tree Investing

View all
Investing Insights by Morningstar

Investing Insights

490 Listeners

InvestTalk by Hosts Justin Klein & Luke Guerrero, CFA | Wealth Managers and Investment Advisors

InvestTalk

1,511 Listeners

Motley Fool Money by The Motley Fool

Motley Fool Money

3,182 Listeners

Masters in Business by Bloomberg

Masters in Business

2,189 Listeners

Money For the Rest of Us by J. David Stein

Money For the Rest of Us

1,368 Listeners

We Study Billionaires - The Investor’s Podcast Network by The Investor's Podcast Network

We Study Billionaires - The Investor’s Podcast Network

3,368 Listeners

Rule Breaker Investing by The Motley Fool

Rule Breaker Investing

933 Listeners

The Investing for Beginners Podcast - Your Path to Financial Freedom by By Andrew Sather and Dave Ahern | Stock Market Guide to Buying Stocks like

The Investing for Beginners Podcast - Your Path to Financial Freedom

1,397 Listeners

Bogleheads On Investing Podcast by bogleheads

Bogleheads On Investing Podcast

585 Listeners

The Long View by Morningstar

The Long View

870 Listeners

Sound Investing by Paul Merriman

Sound Investing

330 Listeners

The Intrinsic Value Podcast - The Investor’s Podcast Network by The Investor's Podcast Network

The Intrinsic Value Podcast - The Investor’s Podcast Network

553 Listeners

Barron's Streetwise by Barron's

Barron's Streetwise

1,539 Listeners

Barron's Live by Barron's Live

Barron's Live

192 Listeners

Investing Experts by Seeking Alpha

Investing Experts

61 Listeners