Which Bankruptcy Debts Can Be Cleared


Bankruptcy discharge is a lawful term which means that all your obligations towards the creditors have been cleared and you no longer have to payback certain kind of debts. Your creditors no longer have the right to try and collect debts from you.


How fast can bankruptcy be discharged?


It depends on the chapter you have filed under (Chapter 7 or 13). If you have been granted to file under Chapter 7 bankruptcy can be discharged within couple of months.


Chapter 7 bankruptcy however requires you to sell all your property that is not exempt under the federal or the state laws in order to payback your creditors.


If however you have filed under Chapter 13 bankruptcy, you will not have to sell your property to settle your debts to the creditors because it will be taken care of by the repayment plan.


With Chapter 13 bankruptcy will be discharged after you have completely paid back all debts from your payment plan.


Which debts can be cleared and which not?


Some of the debts you can successfully clear are:

1. Credit card debts

2. Unsecured loans

3. Utilities

4. Bills from department stores

5. Gas bills

6. Legal bills

7. Health/medical bills


There are however some bills Congress has determined must be paid and can not be discharged. Most of these debts can not be discharged because of the way in which they incurred, meaning that debtors improper behavior is responsible for them.


Some of the debts that can not be discharged are:


1. Alimony

2. Child support

3. Taxes

4. Student/collage loans

5. Debts incurred from embezzlement or fraud

6. Secured loans

7. Debts which are not stated in your bankruptcy documentation

8. Debts for luxury services or goods and cash advances made just before filing bankruptcy


Exactly which of your assets will be turned over to the trustee is determined by the bankruptcy law. Under federal bankruptcy law you are allowed to protect some of your property from the creditors claims.


This is allowed because some items are exempt and protected under the federal or the state laws.


Because most states have used the privilege to adopt their own exemptions you will have the right to choose between the state and federal bankruptcy exempts.


It is very useful because although types of property allowed to be exempt are very similar in both federal and state law, allowed asset values can be very different (this is why it pays to consult a bankruptcy lawyer).

At www.Debt-Free-Family we are dedicated to help you get out of debt, avoid bankruptcy and enjoy a debt free life. Visit us and find out all about Laws On Bankruptcy.

How to Refinance Even After Bankruptcy


If you have filed for bankruptcy in the past, then you already know how difficult it can be to get a refinance loan or a home equity loan. But if you are willing to take the time to dig a little deeper into the topic, you may be surprised at the number of very viable and downright attractive offers and options. The fact that you have a bankruptcy on your credit report or a past or existing debt consolidation loan does not seem to deter many lenders from various sources in the same way that it may cause traditional lenders to run for the hills.

In fact, many of these lenders are more than willing to offer you an attractive program or rate for a home equity loan or a refinance loan. The reason for this is that they have looked at the bankruptcy statistics and realize that the majority of people who filed bankruptcy did not do so out of their personal financial mismanagement, but more often due to an unexpected financial setback which was totally out of their control, such as a job layoff or huge and unexpected medical bills that your health insurance did not cover.

If your bankruptcy was in the very recent past, even with Chapter 7 or Chapter 13 bankruptcy filings, you may have to wait six months after you have filed to be eligible for all the programs that a potential lender may have to offer you.

Whether or not you have filed bankruptcy, you must realize that in most cases you are able to retain your home, where that is typically not one of the assets that needs to be liquidated to satisfy a bankruptcy judgment. In that light, you almost certainly have some equity in your home, so lenders will look at it as a loan they are making that already has a substantial piece of collateral on it, in the form of your home. In other words, when a lender makes a loan offer, one of the major factors that determines the program or rate they will offer you is their risk factor. That risk factor is partially determined by the applicant’s credit score, but it is also heavily influenced by the collateral that is used to secure the loan, so in the case of having your home equity loan or refinance loan secured by your house, the lender’s risk is minimal.

Even with the loan secured by your home, the fact that you did file bankruptcy will not go unnoticed by the lender. The worst thing you could possibly do is to try to cover it up, because that fact is highlighted in your credit report and is virtually impossible to hide. Based on your filing, you will likely need to pay a slightly higher interest rate that somebody else with perfect credit and no bankruptcy on their credit history, but even so, this could reduce your payments and give you a bit of financial breathing room as you are getting your financial act back in order.

Finding a lender who will consider you with a bankruptcy on your credit report is not hard, but you will need to look beyond the traditional lenders. There are actually companies who specialize in loans such as this. A bit of searching can yield just the right lender as you work towards rebuilding your excellent credit history and putting the bankruptcy behind you.

For more insights and additional information about a Refinance Loan Home Equity Loan After Bankruptcy as well as getting a free online loan quote with no obligations, please visit our web site at http://www.personalloantips.com

How Does Bankruptcy Come About


Bankruptcy does not care what your race, sex or religion is. It does not care if you are upper, middle or lower class. Bankruptcy can happen to anyone and it can be caused by several factors. Divorce, lawsuits, job loss, medical bills, and business failure can all be cause for bankruptcy. Society has led us to believe that people who are lazy, irresponsible and careless are the only people who file bankruptcy. In all actuality people with clean credit history who are homebuyers and have steady jobs are subject to bankruptcy. An example of this is a woman we will call Ann Marie. Ann Marie has been married for twenty-eight years. She does not drive and is a homemaker. Her husband oversees all of the finances and suddenly passes away due to heart failure. Ann Marie has no savings and has bills for her husband’s unexpected funeral. She has monthly bills that are due for utilities and the mortgage payment. Harassing bill collection calls are coming in day and night. Ann Marie is becoming depressed and is left to consider personal bankruptcy.

As unfortunate as this example is, it happens to people. It could happen to you or me. We can pay our debts on time and keep our credit history squeaky clean and yet bankruptcy could be something we face in our unforeseen futures. Next time you hear of a neighbor or business that going through bankruptcy you will smile and be supportive instead of listening to the whispers of his or her misuse of finances. Perhaps it is something more that has happened to you or me.

Non-profit debt counselors are counselors who are trained to help people who are in debt and financial turmoil. Debt counselors who work for non-profit organizations provide their services for free, as an educational program.

A debt counselor will use tools to assess the debt of their clients and to help the person in debt successfully get on a repayment plan. This process includes you laying all of your finances on the table for the debt counselor to analyze. They look at your credit report, look at your income, and dissect your assets and debts. After they look at your situation, they will either advise you to pay off your debt or file for bankruptcy. Most counselors only tell you to file for bankruptcy as a last resort. Most often they can work with your creditors to develop a good payment schedule. Sure, you’ll be paying off your debt instead of simply erasing it, however the process will not be as damaging to your credit and you’ll feel great knowing you paid everything off.

When choosing a debt counselor to avoid bankruptcy, be sure you are seeking one that works with a non-profit company. Some will charge you a monthly fee for managing your payments, however a non-profit company will not force you to pay a monthly fee. In addition, be sure you follow up on your payments to ensure they’re being applied to your accounts each month.

From The Bankruptcy Files: Recognize Trouble Before It Gets Overwhelming


There are many reasons someone may find themselves in enough debt to consider bankruptcy. While choosing to file for bankruptcy is a difficult decision, it’s often one that can’t be avoided. Here are three reasons many people use when choosing to file for bankruptcy.

1) They have an excessively high debt load. This can be from credit card debt, loans or even medical bills. Through a Chapter 7 bankruptcy with which the slate is effectively wiped clean or reorganization with a Chapter 13 filing, the person in debt can often benefit from the filing.

2) Many file to save their home from foreclosure. Filing for Chapter 13 bankruptcy will automatically stop a foreclosure on a home. The homeowner remains responsible for the amount borrowed, but the past due payments can be included in a repayment plan. The court must approve the plan however. In addition, many people use bankruptcy as a way to save their car and other property likely able to be repossessed.

3) Another common reason people file bankruptcy is when one or both workers in the home lose their job. In this case, they usually have financial obligations they can no longer meet. The typical person’s lifestyle is guided by their income and with a sudden loss of employment it can be difficult to stay afloat financially.

Most debtors realize that they are financially in trouble well before they are filing for bankruptcy, but there are a few whose bankruptcy files showcase the fact that possibilities for avoiding this drastic step were not realized. Instead, a steady decline resulted in the dreaded filing and if the debtor had but pulled the fiscal emergency brake just a bit earlier, she or he might have avoided a long term mistake!

Here are some of the most commonly disregarded warning signs that – when observed carefully – may help you to get back on track:

What is Bankruptcy ?