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All You Need To Know About Chapter 13

February 23, 2010 By admin Leave a Comment


When people file for bankruptcy under Chapter 13, their main aim is to get an opportunity to refund few or all the debts on better terms i.e. lower or no interest. In comparison to Chapter 7, which includes liquidation of assets, the Chapter 13 process allows debtors to use all their income for future pay off. This process applies to debtors who have a regular income and can request for reductions or adjustments.


According to the United States Bankruptcy Code, debtors are given a ceiling time of 5 years. The debtors are expected to repay within the given time period. The attorney safeguards the interest and the courts supervise the entire process.


How Does Chapter 13 Bankruptcy Work?


While the court approves new interest free plans for the repayment, debtors are allowed to keep the property. A written plan containing all the details of transactions and their respective duration is created for future reference. Repayments are expected to begin with thirty or forty five days after the case commences. Incase of the Chapter 13, the transitory stage of paying the trustees is eliminated.


However, in some cases people prefer to involve a trustee who takes care of the disbursement of money to the creditors according to the given plan. In addition, the creditor should strictly adhere to the repayment plan approved by the court. They are prohibited from collecting any claims from the debtor. Attorneys are very helpful in such cases, as they know the case well and can suggest and prepare a plan to suit the client.


Advantages of the Chapter 13


Opting for a Chapter 13 has its own advantages. In comparison to the Chapter 7 Bankruptcy, Chapter 13 has the full discharge option, which is not relevant in the case of the former. For instance, if a debtor completes all obligatory payments according to the plan he is allowed a full plan discharge. Attorneys guide in cases where the debtor is clueless about the technicalities of the process.


Another distinctive advantage of the Chapter 13 is that if creditors happen to disapprove of it, a repayment can be initiated. Of course, this can be done only after approval from the court. Besides this, the court also has the right to allow a creditor to file an objection if and when they have one.


Who Can File For Chapter 13 Bankruptcy?


A common and important criterion in regard to the Chapter 13 is that they should have a regular income. In addition to this there are some other criteria, which are better explained by the respective attorneys of the debtors.


How can a person file for Chapter 13 Bankruptcy


Filing for Chapter 13 Bankruptcy involves the following:


. Make sure Chapter 13 is the best solution for you.

. Formulate a budget.

. Refer to previous individual cases to gauge if you have to file for a Chapter 13 bankruptcy or whether it can be settled by the other means.

. Chalk out and put into practice ways of doing business with secured creditors.

. Create a chapter 13 plan and fill out the forms.

. Pay the filing fee and complete all processes, including filing the pleadings and forms.

. Attend meetings with the creditors and court hearings.


Obtain a discharge once all the payments have all been made and the current plan ends.

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Chicago Chapter 7 Bankruptcy – What You Need To Know

February 20, 2010 By admin Leave a Comment


People who consider filing a Chapter 7 Bankruptcy in Chicago may feel overwhelmed by the complexity of the bankruptcy laws. It is very important that you get all the answers to your questions so that you can make an informed decision.

To make sure you are not confused about the laws, a Chicago bankruptcy attorney can answer specific questions about how the laws affect you. Please remember, the bankruptcy laws exist to help people get out of debt and get a fresh start. So, how do you get started?

The first consultation with a bankruptcy attorney in Chicago should be free.

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Why Do You Need Bankruptcy Attorneys?

February 16, 2010 By admin Leave a Comment


It is abysmal and often very difficult to take see yourselfbeing insulted for debt, to see your property repossession and face foreclosure or simply not being able to see yourself on the other side of all your debts. If you also find yourself in such a case of mounting debts and torturing creditors then perhaps you should take the first appointment you get with a bankruptcy attorney. For bankruptcy lawyers it is their business and they know about everything that goes around in it so they will be able to sketch out a viable alternative for you which you might not even think can be worked out. So give in an expert and let them help you.

Along with repaying your debts and the bankruptcy attorney can also guide you to sell off your property in order to repay the creditors. And if selling off your property is not exactly your idea of getting rid of all your debts the bankruptcy lawyers can also assist you in making an arrangement with your creditors approved by the court to repay them in a pre-determined frame of time. Again, if you hire a bankruptcy attorney they are updated with every last bit of information regarding the United States Bankruptcy code. Bankruptcy is not an easily gliding procedure it can really confuse nonprofessional so a bankruptcy lawyer really can make things easy and facilitate them for you. The most common procedures in bankruptcy proceedings are Chapter 7 wherein you follow the debt liquidation or reorganization. The other one is arranging for repaying the indebted money under the Chapter 9, 11, 12, or 13 bankruptcies.

If you are thinking of filing for bankruptcy, a bankruptcy attorney is recommended. The rules of bankruptcy have changed and new norms have been introduced which a nonprofessional cannot be expected to know about. Again, the new rules have made it only difficult to file for bankruptcies all the more reason you will need bankruptcy lawyers to make your experience more pleasant after everything that you are already going through. They will be able to suggest you ways to get rid of your debt mountains, deal with your property and assets in a way that will benefit you and give you more time at hand.

Bankruptcy Attorneys also work with the creditors and give them the assurance that their funds will also get recovered back. So a bankruptcy attorney is obviously a person you are going to thank once you see the benefits of hiring them.

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Bankruptcy and You- Everything You Need to Know About Bankruptcy

February 15, 2010 By admin Leave a Comment


There are four major types of bankruptcy in the United States. Each type is named for its respective chapter in the United States bankruptcy code. Which one would apply to you depends on several factors including whether or not you are individual or a business. Wikipedia defines bankruptcy as a legally declared inability or impairment of the ability of an individual or organization to pay their creditors. We will discuss the four different types and determine which best applies to you.

Chapter 7. A chapter seven bankruptcy is also called a liquidation bankruptcy. With this simply means is that the trustee cells on all nonexempt assets. Using the proceeds from those assets, the trustee and repays to the fullest extent. All creditors. Individuals, corporations and partnerships are all eligible for Chapter 7. The remainder of debt which cannot be repaid through liquidation is then discharged. Businesses generally try to avoid Chapter 7.

Chapter 11. A Chapter 11 bankruptcy is one that most bankrupting businesses file. This allows the business to still function maintain ownership of their assets and worked out a reorganization plan to pay off their creditors. The business must disclose all assets and debts to creditors. The business has 120 days in which to submit a plan on how to repay their debts. This can be a simple plan or more complex plan in which creditors are offered stock investments in business or simple closure of some of their franchises. If the business defaults on the timeframe or the payment plan, creditors can then submit their own plans.

Chapter 12. Chapter 12 bankruptcy is specifically designed for farm owners. The farm owner still owns and controls all assets and works at a repayment plan with the creditors, much like a Chapter 11.

Chapter 13. Chapter 13 bankruptcy is like a Chapter 11 only for individuals. The individual still retains control and ownership of all his assets. The individual is required to work out a three to five year repayment plan. In some cases, a portion of the debt may be discharged, but this is dependent on the income of the individual. There is also a maximum amount of debt allowed.

In all situations it is always best to try and avoid bankruptcy. You should try all solutions prior to advancing on declaring bankruptcy. It is important to keep track and properly manage your debts. When debts become too much, you must take action to prevent bankruptcy.

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What You Need to Know About Bankruptcy Records

February 15, 2010 By admin Leave a Comment


Filing for bankruptcy is a serious decision. Sometimes, when you can no longer make your payments and creditors are applying too much pressure, bankruptcy can be a welcome relief to a hard situation, but it is important to remember that filing bankruptcy leaves a long trail of bankruptcy records.

Your bankruptcy records include a lot of personal information about yourself. They tell people your real name and where you reside. Bankruptcy records also reveal your social security number and all of the credit accounts you owe money to. Bankruptcy records indicate the amount of debt that you defaulted on and whether or not a lien was put on any of your property. Bankruptcy records also list your assets.

Because bankruptcy records contain so much personal information, they are a great place to start when you want to do a background search on an individual or even a company. Perhaps you want to know more about a client you are interested in doing business with. Maybe you want more information about the new boyfriend or girlfriend a family member recently brought home. Possibly you are interested in learning more about the background of the person you are considering hiring at your place of business. A check into the bankruptcy records would provide many answers and vast amounts of information in any of those cases.

Checking the bankruptcy records of an individual or business you are considering partnering with will help you to see a real picture of their financial stability. If they recently declared bankruptcy, they will not be in a position to get credit and that could deter your desire to work with them The bankruptcy records of individuals will show how they dealt with the repayment of debts in the past and that can help you to determine how much of your money you trust them to handle.

Checking the bankruptcy records of an individual can help you to learn not only about their financial means, but about their trustworthiness. If the bankruptcy records of your daughter's new boyfriend show that he failed to pay off his credit cards and had to declare bankruptcy that might give you a solid look into his character when it comes to faithfulness. Bankruptcy records tell more than numbers. They give you insight into a person's integrity.

Checking the bankruptcy records of a prospective employee can also tell you a lot about the person you might hire. Are they faithful, diligent, and trustworthy? Their bankruptcy records can offer insight into the morals of the person you want to hire.

If you are interested in checking out the background of an individual or company, a perusal of their bankruptcy records is one of the best places to begin.

Dr. Amit Mehta is a writer for Find-Court-Records.org, a large online database that provides unrestricted instant access to bankrupty records.

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