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August 24, 2010 By admin Leave a Comment

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Bankruptcy Confirmation: Chapter 13 Bankruptcy Information

Author: Simon Volkov

Bankruptcy confirmation is required under the United States Bankruptcy Code for all debtors filing Chapter 13 protection. Commonly referred to as "reorganization bankruptcy", debtors must submit proposed repayment plans at the time of filing or within 15 days of petitioning the court.

The purpose of bankruptcy confirmation hearings is to ensure debt repayment plans adhere to new bankruptcy laws. Chapter 13 payment plans must include payment amounts to each creditor along with payment dates.

Once bankruptcy refinance plans are approved, debtors submit payments to the court Trustee. Chapter 13 payments are generally paid on a bi-monthly or monthly schedule. Trustees distribute payments to creditors until debts are repaid.

Shortly after bankruptcy petitions are filed, notification to creditors is sent out to inform them of the bankruptcy filing and scheduled date of the 341 creditors meeting. 341 meetings give debtors the opportunity to meet face-to-face with creditors and explain their financial situation and ability to repay debts. Creditors can agree to accept a reduced payoff, lower interest rates, or remove late fees and penalties.

Information obtained at creditor meetings is given under oath. Debtors who provide false information are subject to criminal charges and their petition of bankruptcy will be denied.

In 2005, Congress enacted new bankruptcy laws which have made filing bankruptcy protection more difficult. The Bankruptcy Abuse Prevention and Consumer Protection Act require debtors to repay a portion of their debt and undergo credit counseling.

Few people can abide by BAPCPA regulations without legal counsel. Unfortunately, locating bankruptcy attorneys has become more challenging and expensive because the new laws hold lawyers accountable for information provided by their clients.

Several bankruptcy lawyers changed to other legal fields; leaving a deficiency of lawyers willing to assist with petition filings. Those who have remained in this field of law charge higher fees to cover increased business insurance premiums and potential litigation fees.

Debtors filing for Chapter 13 bankruptcy are required to undergo the means test to determine the amount of debt to be repaid. The means test compares debtors' income to that of their states' median income level.

When income is equal to or greater than median levels, debtors must file Chapter 13 and develop a confirmed debt reorganization plan. If income falls below median income, debtors might qualify for Chapter 7 which discharges all outstanding debts.

Bankruptcy repayment plans typically extend between three and five years. Debtors are prohibited from incurring new debt during the repayment period without court authorization. Chapter 13 payments are in addition to normal household expenses. One unexpected expense could cause debtors to fail out of bankruptcy.

If debtors are unable to adhere to bankruptcy repayment plans, creditors can petition the court seeking dismissal. If approved, debtors lose protection from the court and creditors are allowed to proceed with collection actions.

Bankruptcy confirmation can help debtors overcome financial hardships. However, individuals should become informed about the advantages and disadvantages of this action. Research bankruptcy alternatives including: debt consolidation, debt settlement, credit counseling or budgeting, to determine if similar results can be achieved.

Article Source: http://www.articlesbase.com/bankruptcy-articles/bankruptcy-confirmation-chapter-13-bankruptcy-information-1901742.html

About the Author

Simon Volkov is an author and real estate investor who specializes in buying houses to help homeowners avoid foreclosure and bankruptcy. He has published numerous articles about personal bankruptcy, bankruptcy confirmation, tips for hiring bankruptcy lawyers, failing out of bankruptcy and bankruptcy alternatives via his website at www.SimonVolkov.com

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Bankruptcy Counseling Nevada

July 27, 2010 By admin 2 Comments
Reno Bankruptcy Attorney ...

Mortgage Bankruptcy: Tips to Save Your Home from Foreclosure

Author: Simon Volkov

Mortgage bankruptcy filings are on the rise as homeowners continue to struggle financially. The American Bankruptcy Institute states bankruptcy filings rose 35-percent during 2009 and millions more are anticipated during 2010.

Mortgage bankruptcy is also referred to as the Conyers Bill; a controversial bill enacted by legislation in 2007. The Conyers Bill modified terms of the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) passed by Congress in 2005.

Controversy stems from the fact the Conyers Bill grants bankruptcy courts authorization to alter existing mortgage terms to benefit borrowers. Mortgage terms that can be changed include: reduction of principal mortgage balance to reflect appraised property value; reduced interest rates; and elimination of excessive fees.

Altering mortgage terms provides homeowners the opportunity to regain control over finances. As long as borrowers adhere to modified loan terms, mortgage lenders can recover financial losses and avoid foreclosure.

Under Conyers Bill, borrowers are required to provide evidence they are financially insolvent and unable to cure mortgage arrears. The bill provides relief to eligible homeowners who want to keep their home in the event of bankruptcy.

The mortgage bankruptcy bill offers protection to homeowners who obtained subprime or non-conventional mortgage loans after January 1, 2000 and later filed for chapter 13 bankruptcy. Borrowers are required to provide sufficient evidence proving they lack the financial ability to stay current on their mortgage note.

When debtors petition the court for bankruptcy protection their main objective is to save their home from foreclosure. Since Chapter 13 provides financial relief by restructuring debt and extending payment terms, bankruptcy courts can control payment terms to ensure creditors and debtors are protected.

Debtors are required to submit chapter 13 payments directly to the bankruptcy Trustee, who in turn distributes payments to creditors. If debtors do not adhere to their repayment plan, creditors can petition the court and seek dismissal of the bankruptcy petition.

A judge will take the petition under advisement and review events which caused debtors to fail out of bankruptcy. The judge can either allow debtors to file Chapter 7 or dismiss the case. Chapter 7 requires debtors to liquidate assets and use proceeds to pay debts. Outstanding balances are discharged and debtors are no longer responsible for repayment.

When mortgage bankruptcy petitions are dismissed, debtors lose all protection from the court. Creditors can move forward with collection action at the point where they left off prior to the debtor's bankruptcy filing. In some cases, foreclosure can begin within 72 hours of failing out of bankruptcy.

Homeowners considering mortgage bankruptcy should obtain legal counsel from a qualified bankruptcy attorney. Personal bankruptcy has serious financial consequences which remain on credit reports for ten years.

When possible utilize bankruptcy alternatives such as debt consolidation, debt settlement, or credit counseling. For borrowers with no other options, mortgage bankruptcy might be a solution to saving their home as long as they can adhere to the repayment plan.

Article Source: http://www.articlesbase.com/mortgage-articles/mortgage-bankruptcy-tips-to-save-your-home-from-foreclosure-1636482.html

About the Author

Simon Volkov is a California real estate investor who provides solutions to individuals facing mortgage bankruptcy and foreclosure. His website provides resources and articles on topics such as debt management, bankruptcy alternatives, credit counseling and personal investing. Simon is currently buying pre foreclosure homes in Orange County and southern California, Nevada, Arizona and Washington. If you need to sell your home fast, submit property information via the "we buy houses" form at www.SimonVolkov.com.


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Personal Bankruptcy Statistics U S

July 23, 2010 By admin 8 Comments
Mortgage Lending Wheres the ...

Chapter 13 Payments and Personal Bankruptcy

Author: Simon Volkov

Chapter 13 payments are used when debt is restructured through bankruptcy. Debtors must abide by the repayment plan for two to five years. During the restructured debt period, debtors are prohibited from incurring new debt unless approved through the court.

Chapter 13 payments are usually paid to a bankruptcy Trustee and dispersed to creditors on a monthly basis. Occasionally, chapter 13 payment plans are setup through payroll deduction. Automatic payroll payments are usually reserved for debtors who have been employed with the same company for three or more years. Should the debtor quit or be terminated by the employer, bankruptcy payments will be revised through the court.

Many people turn to chapter 13 bankruptcy to avoid foreclosure. While filing personal bankruptcy can temporarily stop lenders from commencing with foreclosure action, if debtors do not adhere to their chapter 13 payments repayment plan, they will eventually lose their house.

One thing homeowners often fail to understand is they must be financially able to pay regular monthly home loan payments in addition to chapter 13 payments. Individuals struggling to make ends meet find that bankruptcy repayment plans create a heavier debt load which can cause them to fail out of bankruptcy.

When debtors fail out of bankruptcy, creditors are legally entitled to petition the court seeking bankruptcy dismissal. Depending on the circumstances, bankruptcy judges can elect to allow borrowers to file for Chapter 7 or dismiss the case.

Chapter 7 is referred to as 'liquidation bankruptcy' because debtors must liquidate assets to repay creditor debts. Debtors are not allowed to remain in their home and must sell the property or give the house back to the bank using deed in lieu of foreclosure.

Bankruptcy is a debt reduction option available to all U.S. citizens. However, certain eligibility requirements must be met. Chapter 13 eligibility requirements state debtors cannot owe more than 7,675 in unsecured debts or 2,975 in unsecured debts.

Congress enacted the Bankruptcy Abuse Prevention and Consumer Protection Act in 2005. BAPCPA requires debtors to obtain credit counseling through a U.S. Trustee Program approved agency within 180 days of submitting bankruptcy petitions.

To determine the amount of debt to be repaid through chapter 13 payments, debtors must undergo the 'means' test; a financial tool that measures debtor's income against their states' median income. If debtor's earn as much or greater than median income, they are required to file chapter 13 bankruptcy. When debtors earn less, they might be allowed to file chapter 7.

Once bankruptcy petitions are filed, debtors are required to provide a credit counseling certificate, chapter 13 repayment plan, proof of income, detailed financial statement, and recent years' tax returns.

Chapter 13 provides debtors with the opportunity to restructure debt and regain control over finances. However, personal bankruptcy stays on credit reports for ten years; making it difficult to obtain credit of any kind.

Before making a final decision to obtain bankruptcy protection, take time to investigate bankruptcy alternatives such as budgeting, credit counseling, debt settlement or debt consolidation. Oftentimes, these debt reduction options help debtors achieve the same result without incurring substantial credit damage.

Article Source: http://www.articlesbase.com/personal-finance-articles/chapter-13-payments-and-personal-bankruptcy-1646615.html

About the Author

Simon Volkov is a real estate investor residing in southern California. He specializes in buying real estate from individuals facing foreclosure or bankruptcy. He has published hundreds of articles on topics such as personal money management, bankruptcy and chapter 13 payments via his website at www.SimonVolkov.com.


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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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Bankruptcy Chapter 13 Information

April 20, 2010 By admin Leave a Comment

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Bankruptcy Confirmation: Chapter 13 Bankruptcy Information

Author: Simon Volkov

Bankruptcy confirmation is required under the United States Bankruptcy Code for all debtors filing Chapter 13 protection. Commonly referred to as "reorganization bankruptcy", debtors must submit proposed repayment plans at the time of filing or within 15 days of petitioning the court.

The purpose of bankruptcy confirmation hearings is to ensure debt repayment plans adhere to new bankruptcy laws. Chapter 13 payment plans must include payment amounts to each creditor along with payment dates.

Once bankruptcy refinance plans are approved, debtors submit payments to the court Trustee. Chapter 13 payments are generally paid on a bi-monthly or monthly schedule. Trustees distribute payments to creditors until debts are repaid.

Shortly after bankruptcy petitions are filed, notification to creditors is sent out to inform them of the bankruptcy filing and scheduled date of the 341 creditors meeting. 341 meetings give debtors the opportunity to meet face-to-face with creditors and explain their financial situation and ability to repay debts. Creditors can agree to accept a reduced payoff, lower interest rates, or remove late fees and penalties.

Information obtained at creditor meetings is given under oath. Debtors who provide false information are subject to criminal charges and their petition of bankruptcy will be denied.

In 2005, Congress enacted new bankruptcy laws which have made filing bankruptcy protection more difficult. The Bankruptcy Abuse Prevention and Consumer Protection Act require debtors to repay a portion of their debt and undergo credit counseling.

Few people can abide by BAPCPA regulations without legal counsel. Unfortunately, locating bankruptcy attorneys has become more challenging and expensive because the new laws hold lawyers accountable for information provided by their clients.

Several bankruptcy lawyers changed to other legal fields; leaving a deficiency of lawyers willing to assist with petition filings. Those who have remained in this field of law charge higher fees to cover increased business insurance premiums and potential litigation fees.

Debtors filing for Chapter 13 bankruptcy are required to undergo the means test to determine the amount of debt to be repaid. The means test compares debtors' income to that of their states' median income level.

When income is equal to or greater than median levels, debtors must file Chapter 13 and develop a confirmed debt reorganization plan. If income falls below median income, debtors might qualify for Chapter 7 which discharges all outstanding debts.

Bankruptcy repayment plans typically extend between three and five years. Debtors are prohibited from incurring new debt during the repayment period without court authorization. Chapter 13 payments are in addition to normal household expenses. One unexpected expense could cause debtors to fail out of bankruptcy.

If debtors are unable to adhere to bankruptcy repayment plans, creditors can petition the court seeking dismissal. If approved, debtors lose protection from the court and creditors are allowed to proceed with collection actions.

Bankruptcy confirmation can help debtors overcome financial hardships. However, individuals should become informed about the advantages and disadvantages of this action. Research bankruptcy alternatives including: debt consolidation, debt settlement, credit counseling or budgeting, to determine if similar results can be achieved.

Article Source: http://www.articlesbase.com/bankruptcy-articles/bankruptcy-confirmation-chapter-13-bankruptcy-information-1901742.html

About the Author

Simon Volkov is an author and real estate investor who specializes in buying houses to help homeowners avoid foreclosure and bankruptcy. He has published numerous articles about personal bankruptcy, bankruptcy confirmation, tips for hiring bankruptcy lawyers, failing out of bankruptcy and bankruptcy alternatives via his website at www.SimonVolkov.com

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