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EPISODE · Oct 18, 2024 · 35 MIN

Adrienne Woods: Bankruptcy as a Fresh Start After Divorce

from Been There Got Out Podcast · host Chris & Lisa / Adrienne Woods

Bankruptcy carries a lot of shame, and Adrienne Woods wants you to put it down first. She points out that the credit was extended to you, frequently well beyond what the lender had any reason to think you could pay back, and that the system exists precisely to give an honest, unfortunate debtor a way to get ahead.Adrienne Woods is a bankruptcy attorney with about twenty years of experience who leads the restructuring and creditors'-rights practice at her New York firm, handling both business and individual cases. She clerked in a federal bankruptcy court early on, and she is the first bankruptcy attorney Lisa has brought on, because so many people come out of a high-conflict divorce financially decimated and convinced they are out of options.In this episode, Woods and Lisa reframe bankruptcy as a protective fresh start rather than an ending. She explains why credit-card debt is dischargeable while retirement savings are generally exempt, so draining the latter to pay the former is a costly mistake, and how the automatic stay can stop a foreclosure or garnishment once you file. She walks through how home-equity protection varies dramatically from state to state, how the streamlined small-business path known as sub-chapter 5 works, and why not opening your mail turns a solvable situation into default judgments and seized wages.She is candid about the traps, too: transfers to family members inside the look-back window can be clawed back, and only a properly drafted trust actually shields its assets, so the do-it-yourself version often fails. Her specifics are New York and time sensitive, so treat them as education and confirm your own situation with a lawyer in your state.As always, this is strategic education, not legal or mental-health advice for your specific situation.🎓 What you'll learnWhy bankruptcy is a protective fresh start built into the system, not a moral failureCredit-card debt is dischargeable while retirement is exempt, so don't drain retirement to pay cardsHow the automatic stay can stop a foreclosure or wage garnishment the moment you fileWhy how much home equity is protected depends heavily on the state you're inWhat sub-chapter 5 is, and how it lets a small business reorganizeWhy avoidance, not opening the mail, leads to default judgments and seized wagesHow transfers to family before filing can be clawed back, and why most DIY trusts don't protect assetsWhen filing on your own can be reasonable, and when it isn't⏱️ Chapters 0:00 Intro 1:00 Why interview a bankruptcy attorney: divorce and financial ruin 3:00 Bankruptcy as a fresh start, not the end 5:00 Putting down the guilt about the debt 7:00 Adrienne's background, and a common costly mistake 9:00 Exemptions by state, and what's protected 11:00 How filing can save your home from foreclosure 13:30 Sub-chapter 5: reorganizing a small business 19:00 Avoidance, denial, and not opening the mail 24:00 Trusts, spendthrift provisions, and clawbacks 27:30 When representing yourself makes senseKeep going 💜 Book a free 30-minute discovery call and we'll help you map your next steps: https://beentheregotout.com/call 📘 Been There Got Out: Toxic Relationships, High-Conflict Divorce, and How to Stay Sane Under Insane Circumstances — https://www.amazon.com/dp/194627495X 📘 Been There Got Out: When Your Ex Turns the Kids Against You (our parental-alienation book) — https://www.amazon.com/dp/1967674183 🔗 Adrienne Woods at Weinberg Zareh Malkin Price LLP: https://wzmplaw.com/attorney/adrienne-woods/About Been There Got Out Chris Barry and Lisa Johnson are high-conflict divorce, custody, and co-parenting strategists, and the founders of Been There Got Out. They know these cases from the inside: both have successfully represented themselves in family court. Few attorneys have a playbook for a case like this — Chris and Lisa write yours with you, so you and your kids can get through it as unscathed as possible.

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Bankruptcy carries a lot of shame, and Adrienne Woods wants you to put it down first. She points out that the credit was extended to you, frequently well beyond what the lender had any reason to think you could pay back, and that the system exists precisely to give an honest, unfortunate debtor a way to get ahead. Adrienne Woods is a bankruptcy attorney with about twenty years of experience who leads the restructuring and creditors'-rights practice at her New York firm, handling both business...

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Adrienne Woods: Bankruptcy as a Fresh Start After Divorce

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