Bankruptcy Steps

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Personal Bankruptcy in Florida - Steps to Chapter 7 and Chapter 13 Bankruptcies

Author: Kenneth Diaz

Bankruptcy in the state of Florida can be filed by an individual without the aid of an attorney or document preparation agency. Yet, it is still recommended that anyone filing for personal bankruptcy should seek legal counsel.

The federal bankruptcy code creates different categories of bankruptcy, known as chapters, which gives debtors different ways of dispensing with debt. The two most common forms of individual bankruptcy available to any resident of Florida are chapter 7 and chapter 13. This brief "how to" guide is written in with a systematic process for both types.

Chapter 7

Note: After filing for a chapter 7 bankruptcy, a debtor must wait 6 years before they will be allowed to file again.

Step 1: Filing the Petition

A chapter 7 bankruptcy begins with a petition filed at the federal district courthouse servicing the area the filer lives in. Under federal and Florida law, an individual, partnership, or corporation can file chapter 7 regardless of the amount of debt. This petition paperwork is provided by the courthouse or can be obtained online at many legal websites.

Along with the petition, or shortly after the initial filing, the debtor must also submit several schedules listing current income, expenditures, and a statement of financial affairs, executor contracts, existing or potential lawsuits, and any recent transfers of assets. If a debt is omitted then it will not be covered in the bankruptcy.

Step 2: The Stay Period

Filing the petition automatically stops all creditors from trying to collect money that is owed. This stay period happens automatically without any judicial action. The stay period is effective from the time of filing, even if creditors are not aware of it until later. In this period, lawsuits, garnishment actions, and even phone calls to the debtor must stop.

Step 3: The Creditors Meeting

Once the petition is filed for a chapter 7 bankruptcy, the court immediately appoints a trustee to administer the overall case and liquidate any non-exempt assets to pay off creditors. The trustee will call a meeting for the debtor's attorney and the creditors wishing to collect debt. The debtor must attend this meeting and creditors may attend in order to ask questions and examine documents concerning a debtor's financial affairs.

In most individual bankruptcy cases, all of the debtor's assets are either exempt or subject to valid liens, which leaves no assets for a creditor to pursue. These cases are called no asset cases and many times a creditor will not show up.

Step 4: Claims of Creditors

After the creditors meeting takes place, all creditors can file a claim against the debtor with the court. This is done so that a creditor can make a claim against nonexempt assets free of security interests.

Step 5: Liquidation, Discharge, and Reaffirmation

The idea of having a trustee is to liquidate the debtor's non-exempt assets and pay off as many creditors as possible. A chapter 7 bankruptcy concludes when the trustee sells the debtor's property, distributes any cash to the creditors, and discharges the remaining debt. The final discharge, ordered by a judge, ends the debtor's remaining personal liability on the debt. Some debt is not dischargeable such as alimony and child support, most tax obligations, most student loans, and liability for damages resulting from willful or malicious acts.

During this process, creditors can ask the court to deny an individual debtor a discharge. The grounds for approval are based on whether a debtor fails to adequately explain the loss of assets, the debtor perjures him or herself or fails to obey lawful orders of the court, or the debtor fraudulently transfers, conceals, or destroys property that should be included in the bankruptcy case.

Chapter 13

Chapter 13 bankruptcy is considered a wage-earner plan because it is generally used by people with stable incomes who want to repay at least some of their debts but cannot handle the full brunt of it. The biggest advantage of a chapter 13 over a chapter 7 is that the debtor is allowed to keep his or her property and set up a court-approved payment plan. Only individuals with less than $100,000 in unsecured debts and less than $350,000 in secured debts are eligible to file chapter 13.

Step 1: The Petition

The petition is similar to that mentioned above in the explanation on chapter 7. The debtor provides the court with lists of all creditors including amounts and the nature of claims, the source and amount of income, lists of all property, and detailed descriptions of the debtor's monthly living expenses, including groceries, clothing, shelter, utilities, taxes, transportation, and medical care.

Step 2: The Stay Period

The stay period is identical to that of chapter 7 except that chapter 13 contains a provision that prohibits creditors from collecting on a debt owed by a third person such as a cosigner.

Step 3: Chapter 13 Plan

Federal and Florida law state that within 15 working days of filing for a chapter 13 bankruptcy, a debtor presents a plan to the bankruptcy court listing out how he or she intends to pay off debts over a three-year period, or in some cases a five-year period. These must be paid out based on priority and federal bankruptcy law lists several categories of unsecured claims that have priority over other unsecured claims including costs of administering the bankruptcy, employee's wages, salaries and commissions, contributions to employee benefit plans, deposits accepted by the debtor for personal items or services that the debtor did not deliver, and taxes.

Individuals seeking to fill out this plan should get the aid of an attorney to ensure it is filled out properly. If the plan is not done correctly the court can deny the document and the bankruptcy cannot proceed.

Step 4: The Creditors Meeting

A meeting is usually held about one month after the initial petition is filed. A trustee and filer must attend the conference, and creditors have the option of coming also. The idea of the creditors meeting is for the creditors and trustee to question the individual filing the plan about his or her financial affairs and any possible problems with their plan. Some problems can be solved at this meeting.

Step 5: The Confirmation Hearing

After the meeting mentioned in step 4, the bankruptcy court will make a final determination whether the plan is feasible and meets the standards set forth in the bankruptcy code. Creditors can dispute the plan if they believe that a debtor has not pledged enough income to the plan or that the creditors receive less than they would if the debtor's assets were simply liquidated.

If the plan is approved by the court, a portion of the debtor's paychecks will go to a court-appointed trustee who divides the money among the creditors. At that point, the creditors are prohibited from garnishing wages or repossessing property.

Step 6: The Discharge

Once all payments are made, the plan approved by the court is complete and the bankruptcy is successfully discharged. The discharge releases the debtor from all debts provided for in the plan.

Other Types of Bankruptcy

The Federal Bankruptcy code also allows an individual to file a chapter 11 or 12. Chapter 11 is available for individuals, but is generally used by troubled corporations and partnerships.

Chapter 11 allows the debtor to remain in operation and reorganizes debts in a way that they can pay them. It is designed to keep businesses up and running rather than liquidation.

Chapter 12 is available only to farmers and is very similar to chapter 11. Before choosing either chapter 11 or 12, an individual should consult an attorney.

Article Source: http://www.articlesbase.com/bankruptcy-articles/personal-bankruptcy-in-florida-steps-to-chapter-7-and-chapter-13-bankruptcies-1726462.html

About the Author

Author: Kenneth Diaz
Mr. Diaz is a Legal Document Preparer in Florida and New York with over 15 years of experience. He has launched an informational website for self-representing litigants (pro se) in the state of Florida. You can read more about his site at Florida Court Forms. For more information about this article, visit his Florida Bankruptcy web-page.

Bankruptcy Software

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How To File Bankruptcy And Save On Legal Expenses -- 3 Ways Of Filing Personal Bankruptcy

Author: Roilee Mandeville

How can you begin with your bankruptcy? If you want to declare yourself bankrupt you have to start the process by filing the official bankruptcy forms. You must know the several methods on how to file for bankruptcy. Your objective is to get the most inexpensive bankruptcy solution and save huge money on legal expenses. This article will give you an overview of the different process of filing for bankruptcy. This article is not a substitute for legal advice, and it is not intended to give you specific legal advice on your financial situation.

The Safest Method

This is the easiest and safest way to file personal bankruptcy -- retain a bankruptcy lawyer full-time. The attorney will guide you through the whole bankruptcy process. It is the lawyer's job to evaluate, prepare and file your case. During the creditors meeting your attorney will handle all the tough issues that may arise. The only negative in using this method is that it costs more. You must find a way on how to filter attorneys the right way for you to get the best workable deal if you want to use this method.

The Hybrid Method

This method is the most followed technique in filing for bankruptcy. The hybrid method normally works best in filing Chapter 7. The key component here is to hire the services of a lawyer or law firm to prepare your forms. You need to pay the service provider with a fixed fee. Once they file your documents you're on your own. You can save large amount on legal fees because half of the solution is a do-it-yourself work. You should look for a bankruptcy preparation service that will also give you a mini seminar on how to manage the do-it-yourself portion as part of the package.

The Cheapest Method

This method is a full do-it-yourself (DIY) solution or "pro-se" filing. You need to educate yourself with the complexity of the bankruptcy laws. You can download the official bankruptcy forms free but it is usually easier to do this method if you buy an up-to-date bankruptcy book or a bankruptcy kit. If you try to ask instructions from your local court clerks they will say they can't help you. They will not give you advice on how to fill up the forms because that would be "practicing the law" -- a task reserved only for licensed bankruptcy lawyers.

What To Do Next?

Now that you know the different ways of filing personal bankruptcy, which method are you going to select? The new bankruptcy law does not require you to have an attorney, but it is in your best interest to seek the advice of an seasoned bankruptcy attorney. If you choose to file bankruptcy without the help of a lawyer, you will need to have to exhibit a lot of patience and diligence. Keep in mind and remember that when it comes to personal bankruptcy, you either liquidate your assets or you protect them.

Article Source: http://www.articlesbase.com/finance-articles/how-to-file-bankruptcy-and-save-on-legal-expenses-3-ways-of-filing-personal-bankruptcy-782498.html

About the Author
Do you want to know where you can get inexpensive bankruptcy filing services? Find out how to file personal bankruptcy with easy, fast, and inexpensive bankruptcy solutions. Go to http://www.bankruptcylawyersandattorneys.com/how-to-file-bankruptcy.html and get a free e-book when you visit today!

File Bankruptcy Online Florida

 Many Years Does Bankruptcy ...

The Steps to File Bankruptcy

Author: Jane Worthington

If you are someone who finds himself in a difficult financial situation, you might want to consider filing for bankruptcy. Most people are not familiar with bankruptcy laws unless they have gone to law school. Before you start seriously thinking about bankruptcy, you should try all of your other options first if possible. Try working with a finance specialist on reorganizing your budget. Assess all your debt and determine how long it would take at your current salary, minus all of your necessities, to pay off your creditors.

The one thing to remember about filing for bankruptcy is that it will show up on your credit reports for up to the next ten years. This feature on your credit report will make it difficult for you to borrow money during that time period but odds are that your credit is already in bad shape if you feel like bankruptcy is your only option. Therefore, the bankruptcy court can help you obtain a fresh start.

If you need to know how to file bankruptcy, these steps will give you a basic idea on how to do so.

1) After you have explored all other options, you should hire a lawyer. Some people decide to file without a lawyer, but it is highly recommended that you have one.

2) Explore what type of bankruptcy is right for your situation. The two most common methods for the individual filing are Chapter 7 and bankruptcy Chapter 13.  Chapter 7 is liquidation and Chapter 13 is a reorganization of your finances. Laws have changed recently and they require that you take a means test before you file for Chapter 7 bankruptcy; it will determine whether you are eligible for that type of bankruptcy.

3) Determine how much filing bankruptcy will cost. Your attorney cannot be your creditor for a Chapter 7 case so his fees need to be paid in full beforehand. Once your lawyer files the case, the automatic stay goes into effect and your creditors no longer have the right to hassle you for their money. All interactions from that point on must go through the attorneys. 

Your lawyer will help you with the rest of the steps because each case is unique. One note you should take under consideration is that you should not use your credit cards if you plan on filing for bankruptcy. If you create debt knowing that you will not be able to repay it, it will not be absolved in your bankruptcy case.

Article Source: http://www.articlesbase.com/bankruptcy-articles/the-steps-to-file-bankruptcy-756391.html

About the Author

Just another creative writer talking about anything and everything under the sun!


Bankruptcy Credit Lenders

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The Six Questions Lenders Will Ask you After your Bankruptcy

Author: Stephen Snyder

When I first began applying for credit after my bankruptcy I noticed a trend.

Lenders would ask me the same series of questions over and over again. They all seemed to care about a few key things. Of course, now I realize they were trying to quickly assess if I was creditworthy or not.

You see, after you file bankruptcy, lenders will be very cautious when considering if they should extend you credit (and rightfully so).

Can you blame them?

After bankruptcy your number one mission is to prove to lenders you're now a low credit risk.

So what do they want to see from you? The right answers to the following six questions.

Question 1: Are You Discharged?

The first thing a lender will need to confirm is if your bankruptcy is discharged. Or, in other words, if your bankruptcy is complete.

The reason lenders want to know that you're discharged is because if your bankruptcy is still "open," then you could technically still add accounts to your bankruptcy (including the lender you're applying with). Not many lenders are going to grant you credit when you still have the ability to include them in your bankruptcy.

Make sure you don't confuse the term "discharge" with the term "filing."

Hopefully you're not one of the poor saps who've had a bankruptcy dismissed.

Having a dismissed bankruptcy is bad, bad, bad. You basically receive all the negative effects of filing bankruptcy-but none of the benefits-since your bankruptcy was not completed.

It's like paying off one of your collection accounts...then realizing the collection account remains on your credit reports. So your FICO credit scores don't increase at all. They stay the same.

But there's hope even if you've been dismissed. So don't throw in the towel just yet. Life's a garden-dig it ...plant some seeds of hope...and watch as you prosper...You can still start the process of increasing your credit scores.

Question 2: When was your bankruptcy discharged?

This is very simple.

The more time that has passed since your discharge-the better.

You see, each lender has different credit guidelines. A lender's credit guidelines are essentially their minimum requirements that you have to meet in order for them to approve your application.

For instance, you won't be able to finance a new car through a low interest lender until you're discharged. Being discharged is a basic credit guideline when financing a car after bankruptcy.

Getting approved for a secured Visa® or MasterCard® is relatively easy. Just being discharged and sending in your deposit are the two most important criteria.

Unsecured credit card lenders' credit guidelines vary. Some lenders won't touch you until the bankruptcy no longer shows up on your credit reports. If you discharge debt with some lenders, you'll never get another card with them until that debt is paid back (e.g., American Express®). There are lenders that will give you a second chance-but it won't be soon after your discharge (so don't hold your breath).

Mortgage lending requirements are more complicated. How much time you have after your discharge will determine what type of mortgage financing you qualify for.

Anything less than 24 months after your discharge and you're considered a sub-prime borrower. If you have more than 24 months after discharge you may qualify for more conventional mortgage programs.

Chapter 13 filers have even more options for getting a mortgage after bankruptcy, most of which are determined by the amount of time since your filing date.

So keep track of how long it's been since your discharge. Or if you filed Chapter 13, how much time since you filed. They are important dates to memorize.

Question 3: How have you paid your bills since your discharge?

Late payments appearing on your credit reports after a discharged bankruptcy are kisses of death.

Some lenders even consider 1 day late after the due date to be enough for them to report a 30-day late payment to the credit reporting agencies. The reason is that technically, they count everything in the 1-30 day late payment range the same. So even being one day late could burn you.

Bottom line-don't be late. Pay early, worst case on time. You simply cannot afford to be late.

Lenders will look to see how you've handled your credit since your discharge.

And if you think late payments hurt you...collection accounts, judgments, and other nasty things like those will haunt you much more.

You need to be able to tell a lender that you've paid everything early or on time since your discharge. When they review your credit reports they will see what you're saying is true.

Question 4: Have you reestablished new credit since your discharge?

Avoidance is not recovery.

Although it's good if you reaffirm a few credit accounts through your bankruptcy, it's even better if you can show lenders that you've established new credit since your discharge.

The types of new credit you need to aim for are:

- Home mortgage

- Car loan

- Car lease

- Credit union loan

- Bank loan

- Overdraft protection

- Credit card

- Retail credit card

- Gasoline credit card

- Home equity loan

- Student loan

The catch-22 is that the lenders you really want to work with don't really want to be the first ones to grant you credit. It can be frustrating trying to open that first account-which is why you need a strategic plan of attack. In other words, don't apply for a business loan (which can be tricky to get) if you can't even qualify for a secured credit card yet.

But it all starts with you. I'm saving you months-even years-worth of trial and error. But you have to take the information and put it into action. So get to it!

You simply will not recover unless you jump back into the fire and prove to the world you can manage credit effectively.

Question 5: How much do you have for a down payment?

It will be necessary in most cases to be able to come up with a down payment or deposit. So start saving! Lenders don't take food stamps, or post-dated checks.

As a general rule of thumb, if you made all your payments as agreed on your last car, you should plan on no more than 0 to finance a new car at a normal interest rate...that is IF you follow what I teach in the free Credit After Bankruptcy seminar.

On the other hand, if you missed or made late payments on your last auto loan, your only option will most likely be 20% down at a high interest rate through a finance company.

If a car dealer is telling you to come up with more money, you're either at the wrong dealer...or you need to wait until you've reestablished your credit a little more.

If you want a good secured credit card-plan on depositing around 0 to 0. There are some secured credit cards that you can get that have lower deposits, but I don't recommend them. Most of the lower-deposit cards have hidden fees...don't report to the credit reporting agencies properly...and usually have higher interest rates to boot.

A down payment on a home will obviously depend on the amount of the mortgage. Although 3% to 10% of the purchase price is considered the norm-it's more than possible to get a mortgage for no money down. And I'm not talking about some crazy television infomercial that's promising you the world. I'm talking about real, bona fide mortgage programs.

So be prepared. Have a little money down to show you're a playa.

Question 6: What are your credit scores?

Of course you knew this was coming, right?

Back when I was recovering from bankruptcy, credit scoring was just starting to become popular. You couldn't even purchase all 3 of your credit scores before 2003.

Today credit scores are used by nearly every lender in the United States and Canada.

If you don't know your FICO credit scores-you should.

Most important, you need to know which credit reporting agency has your...

...HIGHEST credit score

...your MIDDLE credit score

...and your LOWEST credit score

To gain the most leverage over any lender you should choose to work with the lender that uses the credit reporting agency that has your HIGHEST FICO score. This way you receive the lowest interest rate and best terms.

A Final Note

So there you have it. The six questions lenders will ask you after bankruptcy. Like my scoutmaster taught me many years ago...be prepared.

Chance favors a prepared mind.

Article Source: http://www.articlesbase.com/credit-articles/the-six-questions-lenders-will-ask-you-after-your-bankruptcy-317884.html

About the Author

Stephen Snyder is the founder of the After Bankruptcy Foundation a non-profit organization that helps people recover after bankruptcy. He has helped thousands of people obtain a credit card after bankruptcy with a fair interest rate.



Bankruptcy Law Firm Los Angeles

 ... West Covina Los Angeles

Why Declare a Chapter 7 Bankruptcy? Turn a Tax Killer Into a Tax Saver!

Author: Michael H. Raichelson

Should I file a Chapter 7 bankruptcy?  According to Los Angeles Chapter 7 Bankruptcy Attorney Michael H. Raichelson, that is the question most often asked by his clients. The answer depends on your assets, age, earning capacity, current earnings, physical health, and emotional well-being.

As a rule of thumb, if you cannot pay off all of your unsecured debt (i.e., credit cards, personal loans, judgments, etc.) within three to five years, you should seriously consider filing a Chapter 7 bankruptcy.  The urgency to file a Chapter 7 bankruptcy is even greater the older you are in that the older you are, the less time you have to save for retirement.

Every year you spend making just the minimum payments on your credit cards is a year you can never get back, resulting in thousands of dollars in losses.  Take the typical client that we will call “John Owe”, who owes ,000 in credit card debt.  Let’s assume that the average interest rate for all of John Owe’s credit card debt is 20%.  Under these circumstances, John Owe is paying ,000 per year in pre-tax dollars in interest alone.  In other words, he must earn from ,000 to ,000 before taxes to service just the ,000 in interest on his debt.  By eliminating this credit card debt in a Chapter 7 bankruptcy, John Owe is now in a position to save this money immediately.

If John Owe is 50 years old or older, he is better off depositing this ,000 in an IRS qualified retirement account such as an IRA than paying interest on his credit card debt.    The math is simple -- by the time John Owe is 65 years old, he will have saved ,000 for retirement.  This straightforward calculation does not consider the positive tax savings that would result from depositing his savings into an IRA -- contributions to an IRA come off his yearly income, thereby reducing his total tax liability.  It also does not consider the potential return on investment that he is likely to receive when savings is put into a deposit account.  If John Owe simply earns a 5% return on his investment and has an adjusted gross income of ,000 per year, he would have 6,000 in the bank by the time he is 65 years old.  If John Owe waits until he is 55 years old (i.e., delays just five years) before making his ,000 annual contribution, he would have saved only ,824, thus losing ,176 for retirement!

No one is going to help you save for retirement, especially not the credit card companies.  The math is clear -- filing a Chapter 7 bankruptcy turns a tax killer into a tax saver; delaying the filing will cost you tens of thousands of dollars.

Get a fresh start today and contact a Chapter 7 Bankruptcy Attorney in Los Angeles at the Law Offices of Michael H. Raichelson for a free consultation at 1-866-912-2669.

The Law Offices of Michael H. Raichelson is a debt relief agency as defined by the United States Bankruptcy Code. With offices in Bakersfield, Los Angeles, Santa Barbara and Ventura.

Article Source: http://www.articlesbase.com/bankruptcy-articles/why-declare-a-chapter-7-bankruptcy-turn-a-tax-killer-into-a-tax-saver-1287569.html

About the Author

Michael H. Raichelson practices in the following areas of law: Bankruptcy; Bankruptcy Chapter 7; Bankruptcy Chapter 11; Bankruptcy Chapter 13; Bankruptcy Litigation; Bankruptcy Reorganization; Commercial Bankruptcy; Bankruptcy Trustees Rights; Commercial Insolvency; Creditor Bankruptcy; Debtor Bankruptcy; Debt Relief; Foreclosures; Insolvency; Personal Bankruptcy