Posted by Greg Martin | Under Finance: Bankruptcy
Friday Feb 13, 2009
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Most people hear the word bankruptcy and get a lump in their throat. Bankruptcy is basically something that a person claims when they have no other way out financially, and obviously this is very depressing.
There are actually three different ways a person can go into bankruptcy, and these are: voluntary assignment where insolvent persons make an assignment of all their assets for the general benefit of all creditors, involuntary assignment which is when a creditor files a petition in a provincial court for a receiving order against the debtor’s assets, and deemed bankruptcy which is when a proposal in bankruptcy under the Bankruptcy Insolvency Act has failed.
Bankruptcy Debt Relief
Bankruptcy is definitely a serious thing and can cause an array of problems, but bankruptcy debt relief is possible. The first step to bankruptcy debt relief is to understand some more about life after bankruptcy. Specifically in terms to how long bankruptcy lasts, if a person has been declared bankrupt before, within the past fifteen years, then they will not be automatically discharged.
If it is the first time for being declared bankrupt however, then discharge may be automatic, and this means that there will be a release of the bankrupt from most of the debts owed at the date of the bankruptcy order. There are a few exceptions to this as with most anything however, including debts arising from fraud and fines.
Also on the topic of bankruptcy debt relief is the issue of assets that were obtained before discharge. This is important because this will largely determine how much money is going to be available after bankruptcy. When discharged there may still be assets that were owned either when the bankruptcy began or which were acquired before discharge. This may include property of insurance for example.
Think About the Future
Bankruptcy debt relief is a critical topic to discuss, but more than anything it is important that people are aware of how to stay out of debt in the future. After all, many people go to incredibly hard work to get out of debt but then just fall back into the same hole again in the future. This is not only going to be frustrating and devastating to a credit report, but also it is much harder to get out of debt the second time around.
Debt does not bring anything positive, and can really be repressing on a person’s life, because it means that they may not be able to do many of the things that they would like to.
For more information please visit my Debt Relief - Debt Relief Service Management Website.
Posted by Greg Martin | Under Finance: Bankruptcy
Friday Feb 13, 2009
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a Chapter 13 bankruptcy
A Chapter 13 bankruptcy is a certain kind of court filing that is provided for under US Federals laws that allows a debtor to set up a repayment plan for the debts owing. Once the Chapter 13 bankruptcy forms have been filled out, the new plan for repayment can be for three years or for five years. The plan itself is crafted to accommodate the creditors according to the bankruptcy code and must be agreed to by all parties. The execution of the plan is under the authority of the bankruptcy trustee who is a third party appointed by the court.
When someone files a Chapter 13, it means that they are not able to repay their debt obligations as they originally agreed to do when the debt was taken on. Chapter 13 bankruptcy law allows for these debts to be reorganized for the purpose of repayment. This is different than a Chapter 7 bankruptcy, in which the debts are discharged immediately instead of being set up with a repayment schedule.
In most cases, a Chapter 13 type of bankruptcy has a repayment plan in which the debtor makes monthly, bimonthly or weekly payments to the trustee. The trustee then provides bankruptcy help by taking care of properly dispersing the payments to the creditors. In most instances, the amount of the debt has been restructured and is less than the full amount that is owed to all the creditors.
It is the trustee in a Chapter 13 bankruptcy who is in the position of analyzing the financial situation of the person filing for bankruptcy, so that he can make a reasonable repayment plan and set the dollar amount of the payments that are to be made to the court monthly. The trustee looks at the earning potential of the family, or the individual, and notes any obligations and living expenses that are needed and then decides on the amount the debtor will be able to repay over the course of the repayment plan.
Because a Chapter 13 requires that regularly scheduled payments be made to the court, it is generally recommended only for debtors who have a regular and stable income. For those who are seasonal workers or freelancers, filing Chapter 13 bankruptcy is not the best solution for their financial troubles, in most instances.
When a debtor has agreed to the terms and payment plan of a Chapter 13, it is crucial that they always make their payment to the bankruptcy court on time. If they fail to make their payments as agreed, the entire bankruptcy court record and case can be thrown out. Should this happen, the creditors once again have the right to come after the debtor for the full amount of the debt and the protections under the bankruptcy relief process would not be available to them until they are eligible to file bankruptcy again.
If it occurs that a debtor, who is under a repayment plan through a Chapter 13, is not able to keep up with the payment schedule, then there is the possibility to find bankruptcy relief from the reorganization provisions agreed upon. In the case of a situation that arises, in which the debtor is unable to make the payments to the court as agreed, such as in the case of losing a job or other source of income or if they have an extended illness, they might be able to file a bankruptcy claim form known as a “hardship discharge.”
For a debtor who has agreed to a Chapter 13 bankruptcy repayment plan to be able to seek a “hardship discharge,” the case cannot qualify to be changed into a Chapter 7 bankruptcy instead. It is best to have a bankruptcy attorney reviews the various guidelines and requirements before trying to make any type of changes to a Chapter 13 plan. Any type of change to a filing Chapter 13 bankruptcy means that the debtor must return to the bankruptcy court and this step can be both stressful and expensive. Because of this, it is strongly recommended to make every effort to stick to the repayment plan.
Posted by Greg Martin | Under Finance: Bankruptcy
Friday Feb 13, 2009
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bankruptcy for
Depending on your perception, life after bankruptcy can be either positive or negative. On the positive side, debtors can apply for credit cards and other types of loans and they usually get approved for them. On the negative side, a bankruptcy will stay on your credit report for 7-10 years, depending on which chapter you choose to file. For purposes of getting a home loan, your bankruptcy will always show up and you will have to pay higher interest rates than a typical home loan. Although it is sometimes a necessary evil, it is important to exhaust all other options before deciding on this as a last resort.
One of the biggest complaints that people have about bankruptcy for the sake of a new start is that it does not change a person’s habits. Oftentimes, people get deep in debt because of bad spending habits or because of letting their credit cards and consumer debts get out of control. The actions you take after bankruptcy are vital to keeping the management of your finances under control. This is one reason that bankruptcy does not actually help people. Without behavior change, the majority of filers fall back into the same destructive spending habits that they had before their debts were discharged. Therefore, recognizing that you have a spending problem is vital before considering bankruptcy.
More important than receiving a fresh start through bankruptcy is the need to change your spending habits. This is often the leading cause for people getting deep into debt and filing bankruptcy only reinforces these bad habits. Credit cards can be advantageous if you know how to use them responsibly. Unfortunately, all too often they get out of control until it is too late to fix the problem. Without proper counseling and education, bankruptcy is just a temporary fix that many people use to get them out of financial trouble.
The final step following a bankruptcy is to deal with the negative ramifications it has on your credit. For purposes of getting a home mortgage, bankruptcy will stay on your credit record for the rest of your life. This could be bad news for the interest rate or the repayment terms of your mortgage even several years after bankruptcy. If you file bankruptcy due to one single major setback in your life, such as an illness that resulted in huge medical bills or a job loss, some mortgage companies will work with you. While it still shows up on your credit, mortgage companies that do manual underwriting can customize your home loan and they will consider your specific situation. Be sure to save any papers related to the event so you can present them to the mortgage company when it is time to buy a home.
The choices you make after bankruptcy can affect your financial future. Realizing what put you into debt in the first place is your first step to moving on from the bankruptcy and making sure it does not happen again. Although it can have a negative impact on your pride or self-image, dwelling on the bankruptcy is neither helpful nor productive, so moving on with your life is the best thing to do. This is especially true if your financial troubles were a result a single life event. Recognize the mistakes you made and take measures to ensure that it does not happen again.
Posted by Greg Martin | Under Finance: Bankruptcy
Friday Feb 13, 2009
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Chapter 7 bankruptcy is a liquidation proceeding. If you have any non-exempt assets, they’re sold by the Chapter 7 trustee and the money is dispersed to your creditors according to the priorities established in the Bankruptcy Code. In most consumer cases, all assets are exempt. There are, therefore, no assets to liquidate and no money to give out to creditors. Chapter 7 is ordinarily the least complicated and fastest form of bankruptcy. It’s available to individuals, married couples, corporations and partnerships.
Before you’ll be able to file Chapter 7 bankruptcy you’ll have to pass means test. The means test is a computation that compares your average income for the last six months, annualized, to the average income for households of the identical size in your state. If your income is less than or equal to the state average income, you “pass” the means test and may file Chapter 7 bankruptcy.
You Start by Filing a Chapter 7 Bankruptcy Petition
Your Chapter 7 bankruptcy is begun by filing the official petition, schedules and statement of financial affairs. These forms require you to name all of your assets and all of your debts, along with some recent financial history. This is the most important and most time intensive part of a bankruptcy filing.
It’s crucial that you name all of your creditors with accurate mailing addresses. You must list all of your debts. You must even list those debts that are’t dischargeable and those you plan to reaffirm.
You must similarly name all of your property, along with any debts secured by that property, and the sale value of the property. “Property” as defined by the Bankruptcy Code signifies “assets” or “possessions.” It’s not restricted to just real property.
You must sign the schedules under penalty of perjury. You then file the schedules with the bankruptcy clerk in the district in which you reside.
After you file your Chapter 7 bankruptcy petition, all the following bankruptcy proceedings concern your state of affairs as it existed on the date of filing.
The automatic stay moves into effect upon filing the petition. The automatic stay creates a legal barricade to collection activities by creditors. They can no longer contact you in an effort to collect a debt.
The court then appoints a trustee and sends notice to all your creditors telling them that you’ve filed bankruptcy. You’ll get a copy of that notice at the same time as your creditors.
Initial Meeting of Creditors
You must appear at a meeting of creditors. This is usually called the section 341 meeting. It gets its name from the section of the Bankruptcy Code that describes the meeting. At the meeting of creditors, the trustee will ask you questions about your assets and liabilities. Your responses are made under oath and carry the penalty of perjury. Creditors can similarly question you about those subjects, but they seldom do so.
After The Initial Meeting of Creditors
If you own several non-exempt assets, the trustee will take charge of them. The trustee will sell the non-exempt assets and apply the income to the expenses of administrating your case. He’ll also dispense any remaining money to creditors with allowed claims. Each claim is allotted a priority according to the Bankrtupcy Code. Those claims are paid off in order of the priority of the claims.
The trustee may review your income and expense schedule to ascertain whether you have adequate money left over after your actual living expenses to give something to creditors. Any money you make after the case is commenced is yours. It’s beyond the touch of creditors who have dischargeable debts on the date of filing.
Ordinarily, the single responsibility you have after the 341 meeting is to cooperate with the trustee by providing whatever info he requests.
Obtaining A Discharge
The trustee and your creditors receive a 60 day period of time following the 341 meeting during which they may challenge your right to a discharge in general or the dischargeability of a specified debt. Unless a petition to deny your discharge is filed, the order providing the discharge of debts is issued by the court soon after the 60 day period of time lapses. If one creditor files a challenge to your discharge it doesn’t preclude or hold up the entry of a discharge of the remainder of your debts.
As a stipulation to your discharge, you must finish a financial education course of study from an authorized provider. The class normally lasts for several hours. Most accredited providers have online courses available. Your failure to attend the class and file a certificate of completion of the course of study may result in your case being closed without the entering of a discharge order. The court may charge you a new filing fee to reopen the case, file the certificate and enter the discharge.
You can ordinarily expect your discharge inside 4-6 months of filing your case. The discharge involves dischargeable debts that existed at the start of your case.
Some debts do pull through a Chapter 7 bankruptcy discharge. They’re excepted from the discharge by law. Those particular debts are taxes, child support, student loans, and liens. If you reaffirm any debts they also come through the bankruptcy discharge.
Harvey L. Cox is a licensed attorney who runs a bankruptcy information site. Please visit The Bankruptcy Info Center to get more quality bankruptcy information and tips.
Posted by Greg Martin | Under Finance: Bankruptcy
Tuesday Feb 10, 2009
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Chapter 13 bankruptcy law is on occasion called reorganization bankruptcy. It’s very different than Chapter 7 bankruptcy. In a Chapter 7 bankruptcy virtually all of your debts are cancelled out. But, you must forfeit any belongings that aren’t exempt from seizure by your creditors. Under Chapter 13 bankruptcy law, you don’t have to forfeit any worldly items. But, you’re expected to apply your income to pay back most or all of what you owe your creditors. Your payments to creditors are made over time, typically from three to five years. The time parameter turns on the amount of your debts and income.
Chapter 13 Bankruptcy Eligibility Essentials
Chapter 13 bankruptcy isn’t for everyone. Chapter 13 bankruptcy law involves using your income to pay off most or all of your debt. So, you’ll have to demonstrate to the court that you’re capable of fulfilling your payment obligations. If your income is unpredictable or excessively low, the court may not permit you to file under Chapter 13 bankruptcy law.
If your complete debt burden is too high, you’re also ineligible to file under Chapter 13 bankruptcy law. Your secured debts can’t be more than $1,010,650. A “secured debt” is one that gives a creditor the ability to take away a particular piece of property (like your house or auto) if you don’t pay the debt. Your unsecured debts can’t be greater than $336,900. An “unsecured debt” doesn’t allow your creditor the power to take your property. An example of an “unsecured debt” is a credit card or a medical bill.
The eligibility requirements of a Chapter 13 bankruptcy are covered in detail in Chapter 13 Bankruptcy: Keep Your Property & Repay Your Debts Over Time.
Starting a Chapter 13 Bankruptcy
Before filing a Chapter 13 bankruptcy, you must attend credit counseling from an agency licensed by the United States Trustee’s office. These agencies are permitted to charge a fee for their services. But, if you can’t afford to pay the fee, they have to furnish reduced rate counseling and, in a few situations, free counseling.
Payment Plans In Chapter 13
The most critical part of your Chapter 13 bankruptcy paperwork is your repayment plan. It delineates in detail how much money you’ll devote to every one of your debts. There’s no standard form for the plan. But, most all courts furnish their own forms. To learn more about Chapter 13 Bankruptcy repayment plans, read Chapter 13 Bankruptcy: Keep Your Property & Repay Your Debts Over Time.
How Much Will You Be Required to Pay
Your Chapter 13 plan must pay off specific debts in full. These debts are called “priority debts” because they’re viewed important enough to spring to the head of the bankruptcy repayment line. Priority debts include child support and alimony, wages you owe to employees, and certain tax duties. In addition, your plan must include your typical payments on secured debts.
The plan must indicate that any income you have remaining after doing these compulsory payments will go toward paying back your unsecured debts. You don’t have to pay these unsecured debts fully. You simply have to demonstrate that you’re applying any leftover income towards their repayment.
How Long Will You Make Repayment
The length of your repayment plan hinges on how much you earn and how big your debts are. If your normal monthly income during the six months prior to the date you filed for bankruptcy is more than the median income for your state, you’ll have to offer up a five-year plan. If your income is less than the average, you may offer a three-year plan.
Regardless of how much you earn, your plan terminates when you pay back all of your debts in full, even if you’ve not progressed to the three- or five-year mark.
What Takes Place If You Can’t Produce Plan Payments
If you encounter a job loss after beginning a payment plan or discover that you can’t maintain the payments on your Chapter 13 bankruptcy plan, the bankruptcy trustee may modify your plan. It’s even possible that the court could grant the discharge of your debts on the basis of hardship. Hardship may include the sudden loss of a job due to a company shutting down or a severe debilitating sickness. If the bankruptcy court won’t allow you to alter your plan or allow you a hardship discharge, you may be able to switch to a Chapter 7 bankruptcy.
How Does a Chapter 13 Case End
Once you complete your repayment plan, every remaining debt that’s eligible for a discharge is wiped out. But, before you’ll be able to obtain a discharge, you must prove to the court that you’re current on your child support responsibilities and that you’ve finished a budget counseling course with an agency sanctioned by the United States Trustee. This budget counseling course is in addition to the required credit counseling you experience prior to filing for bankruptcy
Posted by Greg Martin | Under Finance: Bankruptcy
Monday Feb 2, 2009
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The New Bankruptcy Laws Make it More Difficult to File Chapter 7 Bankruptcy
The most recent changes to bankruptcy laws might cause it to be more difficult for you to file bankruptcy. If you’re in a higher income bracket you’ll no longer be allowed to use Chapter 7 bankruptcy. Rather, you’ll be required to file under Chapter 13 bankruptcy and pay off at least a few of your debts. If you want to file bankruptcy, you must take part in credit counseling prior to filing. You’re similarly required to attend further counseling in the field of budgeting and debt management. The extra counseling is a requirement to obtain a release of your debts. And, since the law imposes new demands on attorneys, you might have a more trying time getting a attorney to take over your bankruptcy case.
Specified Eligibility for Chapter 7 Bankruptcy
Under the previous bankruptcy laws, you were allowed to choose the type of bankruptcy that seemed best for you. In virtually all cases that would be a Chapter 7 bankruptcy liquidation rather than a Chapter 13 bankruptcy repayment. But, if you’re in a high income bracket, the new bankruptcy laws won’t permit you to utilize Chapter 7 bankruptcy.
To discover out whether you’re able to file Chapter 7 bankruptcy under the new bankruptcy laws, you must first measure your “current monthly income” against the average income for a family unit of your size in your state. If your income is lower than or equivalent to the median, you’ll be able to file for Chapter 7 bankruptcy. If it’s greater than the average, however, you must pass a new test to file for Chapter 7 bankruptcy. The other test is called “the means test.”
The purpose of the means test is to ascertain whether you have enough available income, after deducting certain permitted expenses and required debt payments, to make payments on a Chapter 13 plan. To find out whether you pass the means test, you subtract certain allowed expenses and debt payments from your current monthly income. If the money that’s left after these calculations is less than a particular amount, you’ll be able to file for Chapter 7.
Counseling Requirements
Prior to filing for bankruptcy under either Chapter 7 or Chapter 13, you must complete credit counseling with an agency approved by the United States Trustee’s office. The reason for this counseling requirement is that it assists you in discovering whether you actually need to file for bankruptcy or whether an informal repayment plan will help you recover your financial stability.
Counseling is necessary even if it’s evident that a repayment program isn’t doable for you. You’re required only to participate in the counseling. You don’t have to accept any repayment plan the agency proposes. Even so, before you’ll be able to file bankruptcy, you’ll have to present any repayment program the agency offers along with a certificate showing that you finished the counseling.
Near the end of your bankruptcy case, you’ll have to attend a different counseling session. This counseling session is fashioned to teach you personal financial management skills. You can’t obtain the discharge that cancels out your debts until you deliver proof to the court that you accomplished this requirement.
Lawyers May Be Harder to Hire — and a Good Deal More Pricey
The new bankruptcy laws do add numerous complex requirements to bankruptcy cases. Some of these recent demands impose more responsibilities on attorneys leading to bankruptcy cases being more time-consuming. Among the major new requirements on attorneys is that they must now personally ensure the truth of all the information their clients give them. That extra demand means that lawyers must spend a good deal of time on each bankruptcy suit. Thus, they’ll bill more to take each bankruptcy suit. The new bankruptcy law requirements have in reality driven a few bankruptcy attorneys out of the field entirely.
Some Chapter 13 Filers Will Need to Live on Less
When you filed Chapter 13 bankruptcy under the previous bankruptcy laws, you had to dedicate all of your usable income to your repayment plan. The older bankruptcy laws defined disposable income as that which you had left after paying your actual living expenses. The new bankruptcy laws have adjusted this calculation. While you still must fork over all of your spendable income, if your income is greater than the average in your state, you don’t get to figure your spendable income based on your actual expenses. Rather, you have to calculate your available income implementing permitted expense amounts defined by the IRS. And these permitted expense totals must be subtracted from your median income during the six months before filing bankruptcy, not from your real pay every month.
Additional Changes
There are additional changes that can impact you negatively if you’re filing or looking at filing bankruptcy. For plain-English guidance in the new bankruptcy laws, get a copy of The New Bankruptcy: Will It Work for You?
Posted by Greg Martin | Under Finance: Bankruptcy
Wednesday Jan 28, 2009
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Debt management
Facing foreclosure is not something any one wants to have to deal with unfortunately there cases where it is impossible to avoid. There are a few things to that you can do that can help when facing this particular financial issue. Budget mismanagement and buying a home that cannot be reasonably afforded are some reasons people face foreclosure, along with other financial difficulties such as a job loss, accidents or loss of a family member.
Debt Help
There are a few things you can do to help yourself and be able to keep your house because facing foreclosure does not mean you are in foreclosure. To prevent this situation from occurring is the first step when purchasing a house. Payment insurance is one option. The mortgage payment is covered in the event of injury, loss of life, or financial difficulties up to a certain point. Although this payment insurance is an additional initial expense, it can save you a lot in the long run.
{Steps to Take}
After the purchase of your home if you find yourself in this situation where the possibility of foreclosure exists then it is a good idea to consider the various options that are open to you. Looking over the household budget and considering where you can reduce spending is the first option. Things like subscriptions to mail order online movie rental sites, subscriptions to cable or Satellite TV provided you are not on a contract should be canceled. The additional money may be enough to keep the roof over your head until a more permanent solution can be found.
Those normal household items you do not use can be sold for extra cash. Clean out your garage, storage unit or attic and see what you find. You may find enough to make yourself a decent take on a garage sale or EBay. If you have student loan obligations contact them there are forbearances and deferments that can be applied for at any time and are granted if you qualify. When facing foreclosure, the money you save from these payments can make a big difference.
Second jobs are always an option as well if you have the time. Helping other people with errands, mowing lawns, and babysitting are ways for teenagers living at home with you can help out c. Apply for government assistance if you qualify to help with food expenses. Check if there are any assistance programs in your area and you may qualify for temporary assistance based on you income level. All of these can be done when facing foreclosure.
Credit Counseling
Posted by Greg Martin | Under Finance: Bankruptcy
Thursday Jan 22, 2009
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Present-day economic conditions are causing a lot of individuals who have never before thought about filing bankruptcy to now look at it as a possible solution to their financial problems. The problem is that not everyone can be served by filing bankruptcy. So, if you’re one of those individuals who has never, until lately, given thought to filing bankruptcy, you need to know whether bankruptcy will help you or not.
Should You Even Be Toying With Filing Bankruptcy?
As funny as it sounds, there’s no general test you can take to see whether bankruptcy is okay for you. You don’t need a certain level of debt. You don’t need to earn less than a certain sum of money. And, you don’t even need to be in arrears in payments to your creditors.
Bankruptcy isn’t a decision you make by checking off boxes on a flow chart. Bankruptcy is a individual decision. But, it’s a personal decision that’s based on particular factors in your life. They are some of the things you need to look at before deciding one way or the other about bankruptcy.
1. Are you in financial distress? You may be in financial distress if you’re having trouble paying the minimum payments on your credit cards. And, if you’re scarcely able to keep necessaries like food, clothing and shelter you’re probably in financial trouble.
2. Do you live paycheck to paycheck? If you had even a small health problem, would it put you in a financial crisis?
3. Are you judgment proof? Put differently, do you have no assets that can be confiscated and sold to pay off your liabilities? You may not need to file bankruptcy if you’re judgment proof. Then again, judgments do stick around for a while. Each state’s judgment rules vary on exactly how long a judgment can hang around. But, what you need to look at is that your current bad situation may, and in all likelihood will, improve in the future. If it does, those judgments that were of no concern during your financial crisis will interest you because you could be looking at the seizure of your future assets. Most lawyers will give you a free bankruptcy consultation. You should use it to talk about this particular issue.
4. Are creditors and collection agencies harrassing you? Bankruptcy is one choice to halt that harassment. But, you may also terminate it with a letter writing campaign under the federal Fair Debt Collection Practices Act and affiliated state law fair debt collection laws. But, bankruptcy is in all probability the best alternative if you’re being harrassed and you’re in financial distress (see #1).
5. Are you facing foreclosure? You’ll be able to block a foreclosure by filing a Chapter 13 bankruptcy. Chapter 13 allows you to restructure your debts and pay your mortgage arrearage over time.
Will Bankruptcy Help You?
Bankruptcy won’t give you more income. So, if you don’t make adequate money to support your lifestyle, bankruptcy isn’t your solution. You either need to lower your expenses or increase your income. You may even need to do both. But, you don’t need to file personal bankruptcy.
Bankruptcy also won’t help if your main debts are non-dischargeable debts. Bankruptcy law defines those debts that are dischargeable and those that are not. The following is a concise listing of such non-dischargeable debts in a Chapter 7 Bankruptcy under current bankruptcy laws.
* Recent taxes and government penalties
* Child support
* Criminal fines or court ordered restitution
* Personal injury awards where the debtor was drunk at the time of the incident
* Debts that aren’t named in the bankruptcy filing schedule
* Student loans (there are exceptions but it’s virtually impossible to meet the prerequisites for them. So, it’s best to view student loans as non-dischargeable)
* Debts that were part of a preexisting bankruptcy case but weren’t discharged
Concluding Considerations for Personal Bankruptcy
Making Up One’s Mind whether to file bankruptcy isn’t an easy decision. But, it’s a decision you’ll be able to make if you adopt a logical and balanced approach to it. As part of your consideration, you’ll need to weigh your emotions, your background, your religious beliefs and your values. So, consider the following:
1. Do your own research. Learn everything you can about bankruptcy. A phenomenal resource for educating yourself on bankruptcy law is the book The New Banktruptcy: Will It Work for You?
2. Keep your future in mind. Consider of how you’ll feel when the case is all over and you’re out from under a stack of debt. How will you feel about yourself in 6 months or a year? Will you be delighted with your choice to either file bankruptcy or not file bankruptcy?
3. Find the correct bankruptcy lawyer for you. A great place to find bankruptcy lawyers in your region is Legal Match. Virtually all bankruptcy attorneys will give you a free bankruptcy consultation. Use that free consultation to question the lawyer. But, when you start questioning bankruptcy attorneys, don’t base your final hiring decision entirely on fee. It will be tempting to hire the most inexpensive. After all, you’re in a financial crisis so the more bargain-priced the better, right? That’s not always the case. Interview the lawyer first. Be sure you’re a good match with that attorney. Your bankruptcy lawyer will be working for you so you need to be comfortable with the whole approach to your case. You need to feel good about the fundamental interactions you have with the lawyer and staff. You want a bankruptcy lawyer who will help you through this crisis in a positive way. You don’t want to feel judgment or dislike from either the lawyer or the staff.
4. Filing bankruptcy is a moral decision. Don’t kid yourself into thinking it’s not. But, you do have to make the decision that’s best for you and your family. So ask yourself: “Is it more respectable to push a losing financial battle that puts your family’s future at risk in an attempt to pay back old debt?” Or, is it more respectable to acknowledge you did your best, you couldn’t make it work and you need a clean start that will allow you to devote your personal time and effort into actions that will more than positively impact your family’s future?”
Only you can answer that question. Take your time. Make the right decision for you and your family. Once you’ve arrived at that decision, have faith in your power to make the appropriate choice. Then, move forward knowing that your financial crisis will shortly give way.
Posted by Greg Martin | Under Finance: Bankruptcy
Wednesday Jan 21, 2009
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Transforming Debt Into Wealth Review
A person deep in difficult financial situation and is desperate for a solution tends to grab the first option that is offered. This may be true but in most cases, doing so could lead to more financial disaster than a lasting solution to the problem. A wrong choice could end up giving more headaches and stress than before.
There are many firms that you can find in the internet offering their exclusive services to help people get out of their debt. Depending on the type and amount of debt you have some of them promise to do the job in a short time like 3 to 5 years or even a little more.
There are those who espouse the idea that you need a third party entity to help you understand the convoluted ins and outs of debt negotiation. They offer an easy and almost painless way of managing your debt for you so they are the ones to deal with your creditors instead of your self. While this maybe applicable to some, there are those who believe that with a little help from them, you could do your own negotiations and obtain favorable results. John Cummuta and Legal Helpers are two firms that offer different solutions to the same problem.
Transforming Debt Into Wealth Review
John Cummuta is a personal finance advisor who is offering a self-help program to help you to get in charge of your life towards paying off your debt. He believes in building wealth through accelerated debt elimination. In his program called “Transforming Debt Into Wealth” he will teach you to focus on getting out of debt in 5 to 7 years and stop wasting your energy and transform spending lifestyle to that of gaining wealth instead. He challenges his clients to dream of a life without debt where they own everything, their home, their cars and everything because they are free of debt, mortgage or rent payments, car loans, and credit card payments. He wants to help you to own your life starting the moment you accept his offer.
LegalHelpers Review:
If you have no other alternative but to file for bankruptcy, Legal Helpers is one company that has experienced bankruptcy lawyers who can protect your rights. They are one of the largest consumer bankruptcy firms in the country that helps people to file for bankruptcy relief under the bankruptcy code. Legal Helpers is focused on helping consumers file for bankruptcy as stated in Chapter 7 and Chapter 13.
This focus assures the clients that their cases are being handled by the most experienced bankruptcy attorneys in the country. The firm’s reliable teams of bankruptcy lawyers can give their clients immediate protection from debt and help them find their way towards true financial stability. They can assist you in stopping those inconvenient garnishments, foreclosures, repossessions, creditor harassment and long drawn lawsuits while allowing you to keep your precious home, your car and your wages.
Read about more debt elimination plans.
These are only two viable solutions but whichever you decide to go with, make sure that you read and understand all the documents related to the procedure you are asked to undergo. Whether you decide to do it on your own or get professional help, never let your guard down because you need to be aware of the details that can make the difference between making you pay more in interest payment over the original cost of the loan.
Posted by Greg Martin | Under Finance: Bankruptcy
Tuesday Dec 30, 2008
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It is clear that almost all people would ideally like to live a life that is debt free. Debt not only affects your life it also has a major effect on your mental state. Then avoiding personal bankruptcy advice is probably the best kind of advice that anyone can give.
It is also the realistic way that is needed to approach life. Being young, you often times take your financial responsibilities for granted. If you are not given the right advice from and early onset, you will soon come to realize the realities of debt and what it can do to you. It might not seem that easy to actually avoid personal bankruptcy but it takes a small step, to do this you must avoid debt no matter what. What this means for you is that you must always save as much as you can and avoid luxeries you know that you can pass on.
It is difficult to accept that saving small in the beginning and avoiding spending all your money will help you avoid personal bankruptcy in the future. Likely it is the thought of sacrificing your present enjoyment.
Avoiding Personal Bankruptcy to Relieve the Emotional Strain
Being sensible is the best way to avoid personal bankruptcy. What this means for you is that you should try your best to consciously stay away from debt. Keeping a monthly statement of your income and outgoings is likely the best thing to do. You might be amazed at just where your money is going and where it should not be going.
With the economy in shambles it is time to be sensible about the realities of debt and leading to personal bankruptcy. The reason why people are advised to avoid personal bankruptcy is because it can really have an impact on your life.
Debt will have already hurt your self-esteem and filing for personal bankruptcy will simply be even more painful. It is difficult to keep from spending lavishly on the things we enjoy in life that we feel we deserve from working so hard. Spending much more than you are saving will easily lead you to debt and eventually personal bankruptcy so think carefully about just where your money is going and what you are spending it on and save for the future when things may be tough.