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Personal Bankruptcy

September 3, 2010 By admin Leave a Comment

The Empire of Debt by Dee Hon by Renegade98

Personal Bankruptcy - Not Something To Be Anxious About

Author: Thomas Jhon

Several thousands of Americans file personal bankruptcy even when they have better options available to them. A bankruptcy can stay with you for your life. Bankruptcy lawyers and counselors tell you that bankruptcy gives honest debtors a fresh start. Keep in mind, the fresh start is a costly restart of your financial life. Avoid it if you can. If it is inevitable, you need to know your rights, limitations, and future possibilities.

Chapter 7 and Chapter 13 are the two personal bankruptcy choices available to individuals. Chapter 7 is about liquidation of assets. It gives immediate relief of debts. The trustee liquidates the assets and repays the creditors. The property for which the debtor has a right is not liquidated. There is little or no nonexempt property under Chapter 7 bankruptcy cases.

Another option is Chapter 13 bankruptcy. There is no immediate discharge of debts in this type of bankruptcy. This is filed by persons who have a regular income. The debtor promises to repay the debts over three to five years. The debtor can keep his or her properties. In both cases, the creditors are not allowed to initiate any action against the debtor. Although no immediate discharges are available, this plan covers more debts than Chapter 7 personal bankruptcy does. At the end of the three to five year repayment plan period, the remaining unsecured debts are discharged.

The payments are made through the trustee. However, creditors can challenge the bankruptcy filing at court.

Before Filing Personal Bankruptcy

There are several provisions in effect prevent abuse of bankruptcy laws. People planning to file bankruptcy suits must first get credit counseling. Only government approved organizations can offer such counseling.

The pre-bankruptcy counseling involves appraisal of individual financial situation, exploration of alternatives to bankruptcy, and preparation of a practical personal budget plan. The organization is legally required to provide free counseling, if the individual can't pay for the services. The fee is around $50. You will also receive a certificate of completion of counseling.

There is also a debtor education session, which lasts for about two hours. Your bankruptcy plea won't be accepted unless you furnish the certificates.

About The Credit Counselor

Certificates from government approved counselors are needed for filing personal bankruptcy suits. You must take into consideration the kind of services on offer. The services, fees, fee-waiver, if needed, the qualifications of the counselors, etc. are important matters to discuss. Do your research on the counselors before you sign up for their services.

A credit counselor can also tell you if personal bankruptcy is the best choice you have. If bankruptcy is inevitable, they can also tell you whether to go for Chapter 7 or Chapter 13.

Except in minority of cases, bankruptcies are due to the sloppy behavior of individuals. If you plan to make a fresh start with a personal bankruptcy, make sure your personal finance decisions are always wise.

Article Source: http://www.sooperarticles.com/law-articles/copyright-law-articles/personal-bankruptcy-not-something-anxious-about-28339.html

About Author:
The individuals facing multiple debts can file a petition under chapter 7 or chapter 13 of the bankruptcy law. These chapters deal with personal bankruptcy and to explore the available legal options, it becomes important to consult a personal bankruptcy attorney.

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Divorce Bankruptcy

August 14, 2010 By admin Leave a Comment

Phillip Galyen | Founder of Bailey & Galyen Attorneys at Law by GETLEGAL Websites

Bankruptcy And Divorce

Author: Natalia Kobseva

Bankruptcy and Divorce

It is one of those unpleasant topics to discuss. But in reality - it happens. Two people come together with love and optimism to start a new life together and then it all falls to pieces. Such is life.

Divorce can be amicable or it can be a real war of the roses. And things can get extremely messy and ugly when it comes to the division of assets and liabilities. One party might unwisely or even worse - spitefully consider to file for bankruptcy if they feel they might be ordered to make financial payments to the other party as part of a divorce settlement. Or in some cases, the effects of the divorce itself might leave one party in an unenviable financial position in which they might (again, unwisely) consider to file for bankruptcy.

What I want to stress in this article is not so much the reasons for filing bankruptcy when it comes to divorce. Because while bankruptcy attorneys are quick to take your money and give you the false impression that bankruptcy is a walk in the park - the fact is that bankruptcy is in nowhere near as simple, cut and dry, and beneficial at all when it comes to sorting out the finances of a party involved in a divorce. In fact, there a great many Negative consequences - Highly negative consequences to filing for bankruptcy, whether a divorce is involved or not.

These include: the virtual destruction of the filer's credit record, the bankruptcy remaining on the filer's credit record for up to a full 10 years, the near impossibility of obtaining future credit during the time period, the inability rent an apartment, being required to pay deposits for future home utilities such as gas, electricity, water, internet, cable TV, etc. and the very real possibility of being passed over for a job, as more and more employers these days are performing credit checks as part of their routine job applicant screening process.

Chapter 7 Bankruptcy Alternatives

What you need to take with you today from this reading is the fact that bankruptcy is not the way to go. When it comes to being in a financially unstable position, there are in fact much better solutions to help one reduce and eliminate debt - without the need to even consider filing for bankruptcy. Chief among these programs is Debt Settlement. This programs involves a debt settlement firm negotiating on your behalf with your creditors to come to an agreement or settlement for a vastly reduced amount. This debt reduction is typically in the range of 50% and can be as high as 75% to 80%. Literally pennies on the dollar.

To learn more about debt settlement and other bankruptcy alternatives, please visit Debt Relief.bz

Article Source: http://www.articlesbase.com/personal-finance-articles/bankruptcy-and-divorce-1267384.html

About the Author

Noted Financial Author

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Individual Bankruptcy

August 12, 2010 By admin Leave a Comment

Balance Sheet by Nancy Polo

The Difference Between Chapter 7 and Chapter 13 of the Bankruptcy Code

Author: Law Office Of Goldstein

Individuals who have amassed large debts have many options. However, if an individual finds that non-bankruptcy alternatives are not feasible, a decision then must be then made between filing a Chapter 7 liquidation proceeding or a debt adjustment proceeding under Chapter 13.

A Chapter 7 bankruptcy filing is best described as obtaining a discharge from debts (with some exceptions) while retaining some assets such as a home, household goods and an automobile as long as they do not exceed certain values determined by the U.S. Bankruptcy Code. Chapter 7 is consider a "liquidation" decision however if filed correctly and using the Bankruptcy Code to the best of your ability some assets can be retained while crushing debt is removed.

To be eligible to file a Chapter 7 bankruptcy the filer has to reside or be domiciled in the United States. In addition, they can not have been a debtor in a bankruptcy case in the 180 day period prior to filing the current bankruptcy case; they must receive counseling from an approved nonprofit budget and credit counseling agency prior to the filing and pass the "median family income" test. In order to receive a discharge in a Chapter 7 an individual may not have received a Chapter 7 bankruptcy discharge in the previous eight years or a Chapter 13 discharge in the previous six years.

The element which will fully determine if you can file a Chapter 7, is the "median family income" level. The individual or couple must review income made within the previous six months and average it out. If when the average income is measured against the "median family income" as stated in 11 U.S.C. § 707(b)(7) and it falls below, then a Chapter 7 filing is appropriate. If the household income exceeds the "median family income", then the individual or couple will be subject to the means testing. The means testing calculation takes the average amount of the income received during the six-month period prior to the bankruptcy filing and subtracts it from the average monthly expenses. This determines the margin of excess income. Using this figure you determine if the excess income exceeds the margin allowed by 11 U.S.C. § 707(2)(A)(i) and if you are eligible to file a Chapter 7 bankruptcy.

If you are unable to file for Chapter 7 due to the "median family income" level being too high and failing the means testing, then your other option is filing a Chapter 13. A Chapter 13 bankruptcy filing allows a person to seek protection of their property and develop a plan of paying creditors by making monthly payments to a Trustee under Court supervision. The plan can be for as little as 24 months or for as long as 60 months.

To be eligible to file a Chapter 13 bankruptcy the filer must reside in the United States, have a regular income, have unsecured debt less hand $336,900 and secured debt less than $1,010,650 and receive counseling from an approved non profit budge and credit counseling agency. In order to obtain a discharge in a Chapter 13 an individual must not have been granted a discharge in a Chapter 7 bankruptcy in the previous 4 years or been granted a Chapter 13 discharge in the last 2 years.

The primary advantage of a Chapter 13 filing over a Chapter 7 filing is that a debtor by paying a portion of his or her pre-bankruptcy debts over the life of the Chapter 13 plan can obtain a discharge of the unpaid balances while retaining all of their asset, avoid foreclosure of a home and more debts are deemed dischargeable in a Chapter 13 verses a Chapter 7.

The disadvantages to a Chapter 13 verses a Chapter 7 is that the filer will have to pay something to unsecured creditors, a reduced amount against entire debt. However in a Chapter 7 filing it could result in a discharge from most or all pre-bankruptcy obligations without any payments. Another disadvantage to a Chapter 13 is that a discharge will not be received until all payments required by the plan are done whereas a Chapter 7 debtor will usually receive a discharge in three to five months from filing.

It is essential that when trying to figure out if bankruptcy is the right option to contract an attorney to discuss the entire matter, review your current financial situation, determine what is most important to keep and let go and decide which is the best plan for their situation.

Article Source: http://www.articlesbase.com/finance-articles/the-difference-between-chapter-7-and-chapter-13-of-the-bankruptcy-code-624712.html

About the Author
The forgoing article about bankruptcy choices was drafted by The law office of Goldstein and Clegg, LLC, a debt relief agency. More information can be found on their blog, http://www.goldsteinandclegglaw.com/bankruptcy_blog

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Personal Bankruptcy Laws

July 28, 2010 By admin Leave a Comment

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What Chapter 11 Bankruptcy Law Entails

Author: Peter Gitundu

Chapter 11 bankruptcy law is also known as the reorganization code applicable to partnerships and corporations. It allows for businesses to make a plan on how to pay off their debts without having to sell their property. This comes as an opportunity for businesses to keep on operating even when they are in a financial crisis. Partnerships and corporations are eligible to file under this chapter in court. It may be voluntary, meaning that the debtor will file the petition, or involuntary where creditors who meet some standard file the petition.

To have the court accept the bankruptcy petition, he should also attach financial documents of the previous years operations. They must have gone through credit counseling on how to manage the debt. A fee is paid to the court clerk to cover filing charges and to pay the trustee. These can be paid in installments for not more than one eighty days after filling the petition. Once a voluntary or involuntary petition has been filed, he assumes the position of a “debtor in possession” meaning that he is still in control of the property.

For the bankruptcy petition to be accepted in court, he should also file a reorganization plan and a disclosure statement which includes information on the assets, liabilities and the business affairs. This enables the creditor to have an informed perspective on the reorganization plan filed.

Chapter 11 identifies the debtor under a corporation or a partnership as a separate entity from the business and as such personal property is not at risk. However, for a sole proprietor, he is part and parcel of the business and therefore personal property may be at risk.

Article Source: http://www.articlesbase.com/personal-finance-articles/what-chapter-11-bankruptcy-law-entails-892126.html

About the Author

Peter Gitundu Researches and Reports on Bankruptcy. For More Information On Chapter 11 Bankruptcy, Read More Of His Articles Here CHAPTER 11 BANKRUPTCYYou Can Also Add Your Views About Chapter 11 Bankruptcy On His Blog Here CHAPTER 11 BANKRUPTCY

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Personal Bankruptcy Information

June 20, 2010 By admin Leave a Comment

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Bankruptcy Information: Know The Facts Before Filing Bankruptcy

Author: Simon Volkov

Obtaining accurate bankruptcy information is crucial in order to determine if filing personal or business bankruptcy is the best option. In 2005, significant changes were made to the United States Bankruptcy Code through the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act. In order to comply with BAPCPA regulations, petitioners should retain the service of a qualified bankruptcy lawyer.

An important piece of bankruptcy information is that BAPCPA requires all petitioners to undergo the 'means' test. This financial tool compares debtor's income with their state's median income level. Using mathematical calculations, the means test determines how much debt must be repaid.

In most cases, debtors are required to file Chapter 13 bankruptcy and establish a repayment plan. In the past, many debtors petitioned the court seeking Chapter 7 bankruptcy protection. Chapter 7 requires debtors to liquidate assets to repay debts. Any outstanding balances are dismissed and the debtor has the opportunity to make a fresh financial start.

With bankruptcy chapter 13, debtors are required to repay a portion of their debts over an extended period of time. Generally, Chapter 13 payments extend for three to five years and can cause serious financial hardship; particularly if job loss or unexpected emergencies arise.

During the repayment period, debtors must pay a large amount of disposable income toward repayment of debts. If debtors miss a payment, creditors can petition the court and seek dismissal.

In certain situations, the bankruptcy Trustee can negotiate with creditors if extenuating circumstances occurred causing the debtor to fail out of bankruptcy. If the problem is temporary, creditors generally give debtors a second chance. However, debtors who become repeat offenders don’t receive much sympathy.

When debtors fail out of bankruptcy they lose all protection from the court. Creditors can move forward with collection actions, including foreclosure. It is important to note that if a person files bankruptcy to save their home from foreclosure and later fails out of bankruptcy, foreclosure proceedings will commence where they left off. In some cases, foreclosure can occur within as little as three days.

During Chapter 13 repayment, debtors must do whatever it takes to stay on track. Otherwise, they will lose court protection, and will likely lose their home and all money invested in it. For this reason alone, all bankruptcy alternatives should be explored before making a final decision.

Alternatives to bankruptcy include debt settlement, debt consolidation, budgeting and credit counseling. It is important to research all available options and understand the pros and cons of each.

One of the most accurate sources of bankruptcy information is the Department of Justice, U.S. Trustee Program website. The DOJ presents thorough information on both personal and business bankruptcy, and includes an entire section on BAPCPA rules and regulations. A list of approved credit counseling agencies is also available at the U.S. Trustee website.

Article Source: http://www.articlesbase.com/personal-finance-articles/bankruptcy-information-know-the-facts-before-filing-bankruptcy-1880654.html

About the Author

Simon Volkov is a private real estate investor who specializes in buying and selling foreclosure, bankruptcy and probate real estate. Simon has published numerous bankruptcy information articles via his website and throughout the online community. If you are facing bankruptcy or foreclosure and need to sell your home quickly, visit www.SimonVolkov.com today.

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