Is Personal Bankruptcy Your Only Hope?

Right now millions of Americans are dealing with financial distress. Loss of jobs, income freezes, mortgage foreclosures, lack of health insurance, divorce – any of these can cause a family to find itself in the bring of disaster. Personal bankruptcy is a way to put some of your debt burden behind you and start on a new footing to rebuild. But is it the right choice for you?

Some of the bankruptcy chapters that apply to individuals are Chapter 7 and Chapter 13. When you’re making a decision to file for bankruptcy under either one, there are many considerations to think about. For example, not everyone can file a Chapter 7 any longer, since the laws were changed in 2005 to require a means test. In other words, you have to provide you really can’t make payment son your debt. If you fail the means test, the bankruptcy judge can move your case into a Chapter 13 filing. A personal bankruptcy then could happen under either of these sections.

With a Chapter 7, you are able to discharge most of your debts and get rid of for example credit cards, other unsecured debt, and so on. Keep in mind though that you will also probably lose your cars (if you do no reaffirm your car loan debts) and possibly your house (if you aren’t able to make the mortgage payments). In Chapter 7, the court basically sells everything you have, or returns it to the lenders, in order to pay what can be paid, then wipes away the rest of your debt. Under certain state law, you may be able to keep some items, for example cars that you need to get to work. Best to check with an attorney to see what can be done in your state.

With a Chapter 13, you submit a repayment plan, and then you have thee to five years to follow your repayment plan. In this case, a debtor with a regular job will probably have to repay some debts, and not be able to discharge them as in Chapter 7. This can help though if you want to try to keep your home, or car or other assets.

One thing you must remember is that filing personal bankruptcy will not remove all of your debt. If you have support obligations for spouse or children, or if you have back taxes you owe, or student loans, those are just some of the debts that can’t be avoided. So if that is the bulk of what you owe, bankruptcy may not be for you. Better to try to figure out a way to work out repayment plans directly with the lender or the tax authority.

Pros and Cons of Chapter 13 Bankruptcy

A previous post here described for you the details about filing an Chapter 7 bankruptcy, which is also referred to as “liquidation”. Chapter 13 bankruptcy is different from liquidation, in that you file a repayment plan to help manage your debt.

I found the following interesting article that gives the details you need to help you decide whether to file bankruptcy under Chapter 13. If you’d like to read more about Chapter 13 bankruptcy we recommend the book, “Chapter 13 Bankruptcy” from Nolo Press.

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What is Chapter 13 bankruptcy and what are its pros and cons? by Puneet

Filing Chapter 13 bankruptcy can benefit you if you have failed in all your attempts to get rid of your outstanding debt. With the help of Chapter 13, you can avoid foreclosure and also repay some or all of your debts over a specific time period; it usually takes 3 – 5 years to repay your multiple debts. Chapter 13 is also referred to as reorganization bankruptcy or a wage earner’s plan.
When do you need to file Chapter 13?

Filing Chapter 13 would be helpful to you if you’re experiencing one or more of the following situations.

* You want to protect your assets from liquidation. * You want to pay off your secured debts. * You’re not able to pay your monthly mortgage payments. * Your property lien is more than the value of your collateral. * You’re not able to discharge your debts by filing Chapter 7 bankruptcy. * Your income is much higher than what is required for filing Chapter 7.

What are the eligibility criteria?

You need to satisfy some factors in order to qualify for filing Chapter 13. The eligibility criteria are as follows.

* You should have a regular income so that you can make your monthly repayments. * You should’ve enrolled yourself in a credit counseling session within past 6 months before filing bankruptcy. * According to the bankruptcy rules, you shouldn’t have exceeded USD 307,657 and USD 922,975 in your unsecured and secured debts respectively. * You gross monthly income is required to be more than the State Median Income of your family size. * You cannot file Chapter 13 within 2 years from the previous filing; you need to wait for 4 years if you’ve filed Chapter 7 previously.

How does Chapter 13 bankruptcy function?

As a debtor, you need to prepare a repayment plan and attach the proposal along with your bankruptcy documents while filing Chapter 13. Then, you should send the proposal to all your creditors. Your repayment plan should comprise of all your debts, that is, the priority claims along with your secured and unsecured debts.

What are the pros and cons of filing Chapter 13?

The pros and cons of filing Chapter 13 are as follows:

Pros: * It stops any legal action against you. * You may get rid of some of your debts. * You’re able to save your real estate and personal property. * You can pay back your debts through a structured repayment plan. * You’ll get no more calls from your creditors or collection agencies.

Cons: * It will stay in your credit report for 7 years. * Your credit score may drop down by 200 – 250 points. * You need to bear the costs of hiring an attorney and a trustee. * You’ll have to pay the regular fees for filing Chapter 13.

It is really important to do the required documentation under the guidance of an experienced bankruptcy lawyer because the court has every right to dismiss your case if there is any mistake.

About the Author
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Start Rebuilding Credit After Bankruptcy

After bankruptcy, how to rebuild credit is usually the most important concern you may have. It’s not easy, especially in today’s economic environment. In past years, banks were more willing, even eager, to lend to what we all now call “sub prime” borrowers. These clients will low or poor credit could get bad credit loans, bad credit credit cards, and even home mortgages. Those days are now past. So what are your options if you want to know how to rebuild credit after bankruptcy?

First you need to remember that a bankruptcy stays on your credit report for ten years. This means that even if you successfully raise your credit score through other methods, a lender will always see that public record notice of your bankruptcy on your credit report. Also, having this on your credit report will always depress your score somewhat (although no credit reporting agencies will ever tell you by how much.)

Many people think the best bankruptcy rebuild credit steps include getting back into debt, and getting a new credit card for rebuilding credit, or a loan for the same purpose. Yet it’s important to note that these cards and loans, even secured loans, come with extremely high fees and interest rates – rates that allow the lender to make money while expecting you to default again. A better option than getting immediately back into debt with a bad credit product is to take a breath, and wait for a bit to do other things to slowly recover your financial footing.

For example, one excellent thing to do is to subscribe to a credit watch service, where you can review your credit reports, see your score, and get notified when your score improves. One such service is FICO Quarterly Monitoring
which costs less than ten dollars a month. You should review your credit report for errors, to clean up whatever you can other than your bankruptcy, and these services help you to do that.

Next, start using a budget. Rebuilding credit is not just about using credit cards, but managing your debt wisely. People who are financially organized use budgets, and these people are less likely to go into bankruptcy. Make yourself a promise not to use debt as a replacement for income. Start using cash and debit cards, and avoid credit for the time being. That’s not to say that eventually you’ll want to apply for a rebuilding credit cards product, but right now, figure out your financial capacity to do so first.

Plan to put together a budget and stick to it for six months. Within that budget, determine what credit you still have. In bankruptcy, not all debt is discharged. You may have been on a payment plan, and kept some assets. Start paying those on time every single month. Even in a Chapter 7 bankruptcy, you may have some student loans after bankruptcy that you can pay on time, every month. You may even be able to consolidate loans or get a slightly better rate after a few months of on time payments.

One avenue to use to rebuild bad credit after bankruptcy is a small secured personal loan with your bank. Some banks are willing to work with you a year or two after your bankruptcy is discharged. You deposit a small amount of money in a savings account or CD, and the bank gives you a loan in that amount secured by your deposit. The loan payments appear on your credit report, which helps with rebuilding your credit, and once it’s paid off, you get your deposit back with interest. Talk to your banker, since loans of this type through other lenders can have high fees attached.

Finally, consider using less credit or no credit in the future. Banks are now much more wary of any borrower who has even moderate credit let alone bad credit. With a bankruptcy in your past, banks will be less likely to approve you for credit for two to five years. But banks are also treating even good customers badly these days – raising credit card interest rates to ridiculous heights, cutting back lines of credit or closing accounts. Do you want to be a slave to this attitude by banks?

Take this as a challenge. Start living without credit, and rebuild your credit after bankruptcy by keeping debt to a minimum. Don’t be a slave to FICO scores and borrowing. Instead, add money to savings each month instead, since after bankruptcy, as many of your old debts may now be gone, and you have some breathing room.

First Consider The Negative Effects of Filing Bankruptcy

Before you consider filing personal bankruptcy, it’s important to get the whole story on the negative effects of bankruptcy. I went through bankruptcy four years ago, and I am still sorry I did it. I did not know about the true effect of filing bankruptcy, and if I had, I might have made a different decision.

There are long term effects of bankruptcy which you may not be aware of, since bankruptcy stays on your credit report for ten years, unlike other debts. When you first visit a bankruptcy lawyer, they may explain some of the effects to you, as mine did. Yet they probably won’t go into too much detail, because they don’t want to spend a lot of time with a client who isn’t going to file – why try too hard to talk you out of it – and talk themselves out of a fee!

So what are the bankruptcy negative effects you need to know about? For starters, the cost. If you are going to file bankruptcy, you are most likely to need a bankruptcy lawyer to do it. While there are some books about how to prepare for a do it yourself bankruptcy, it’s pretty difficult due to all the paperwork. You better be an organized person. So if you don’t do it yourself, hiring a lawyer will cost in the range of $2,000 to start, just for lawyer fees. The bankruptcy court itself charges about $300 in filing fees and costs, on top of your lawyers fees. So it’s not an inexpensive process.

Next, if you have some debt that can’t be discharged, you’re going to still have debts to pay after you file. For example, federal income tax owed, spousal or child support, and student loans are just some of the debts you can’t wipe away with bankruptcy. If this is the bulk of what you owe to others, bankruptcy might not help.

If you do file, and get a discharge under Chapter 7 or enter a repayment plan under Chapter 13, the fact that you filed for bankruptcy will remain on your credit report for ten years. Probably at the time you filed, your credit history was poor to begin with, and the filing itself will not lower your credit score after bankruptcy. But worse than a bad credit score, lenders in the future will see that you filed bankruptcy once upon a time, and many will turn you down flat regardless of your score.

Especially in these bad economic times, banks are far less likely to lend to anyone but the best credit risks. They are looking for high credit scores to begin with. It will take years to rebuild your credit after bankruptcy, but even if you do so successfully, the bankruptcy can haunt you for a long time.

Another problem with bankruptcy, and it’s not so much a problem as just an issue to consider, is foreclosure in bankruptcy. Many people think, incorrectly, that bankruptcy will save their home. In only a couple states can a debtor exempt his or her home, meaning, it is not touched by the bankruptcy. In other states, a mortgage lender can get permission of the court to sell your house. If keeping your home is of high importance to you, then you should consider Chapter 13, which can help you set up a plan to keep making payments. In Chapter 7, you would likely lose your house.

The bottom line is, after filing bankruptcy, your credit will suffer more than just a low score. Lenders will look at you differently, so regardless of what you do to rebuild after bankruptcy, consider that it could take five to ten years before you are considered a good credit risk again.

What Are Your Domestic Support Obligations In Bankruptcy?

Many times, having support obligations, whether child support or spousal support, adds a heavy financial burden, even if it is necessary. When there are past due obligations, in addition to credit card debt, loan debt, or mortgage debt, a debtor tries to find a way out from under.

However, bankruptcy is not a way to get rid of domestic support obligations in bankruptcy. If it were, what would stop anyone from trying to get out from under legitimate obligations to family members simply by filing bankruptcy?

Below is an interesting article we located talking about debts that cannot be discharged in bankruptcy. You can also find out more by reading about the New Bankruptcy Laws and support obligations.

Spousal Support and Bankruptcy

The dissolution of a marriage or civil union can be a very emotionally draining time for any family and may also come with serious financial consequences for the individuals involved. In some cases, individuals may be required to pay support to their spouse, children, and other dependents following divorce. In addition, there may be court and lawyer’s fees that must be paid following the legal proceedings.

Persons who go through divorce may have to assess their financial situation following their separation from their former spouse. If a person is facing serious financial struggles, he or she may consider filing for bankruptcy to relieve the burden of debt from his or her life. Although there are many types of debts that may be discharged through bankruptcy, support payments to spouses and children are not dischargeable debts.

If an individual chooses to file for bankruptcy, certain types of unsecured debts like credit card debt, certain types of loans, and other financial obligations may be discharged. In addition, an “automatic stay” is placed on your accounts, which allows the individual to stop making payments on the debt and prevents creditors from attempting to collect on the balance owed. The court notifies the person’s creditors of the bankruptcy filing and requests that they stop collection calls and attempts to collect the debt directly with the person going through bankruptcy.

Debts that are owed for support, however, are important financial obligations that cannot be removed by bankruptcy. The court understands the importance of providing financial support for former spouses and children and does not allow the individual to escape such obligations. In addition, many types of legal debts that the person may have incurred during the divorce proceedings may still be valid debt, such as lawyer’s fees and court costs.

Although the person may still be responsible for support-related obligations, he or she may find bankruptcy to be helpful, because it can remove other types of debt. By freeing the individual of some of the debt burden, the person may find that he or she has more money to pay for support to former spouses and children. If you are considering filing for bankruptcy, it may be helpful to consult an experienced bankruptcy attorney to discuss the specifics of your financial situation.

If you would like to know more about bankruptcy and spousal support, visit the website of the Boston bankruptcy attorneys of Joshua Spirn & Associates.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
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Do You Really Need A Bankruptcy Lawyer?

One of the biggest obstacles to filing for personal bankruptcy are the legal costs. The fees charged by the court are under $500 in total, but bankruptcy lawyers will charge you an additional $2,000 or more for services to file for bankruptcy. If you’re too broke to pay your credit cards and loan payments, how can you afford to hire a bankruptcy lawyer?

The question comes up, do you need a lawyer to declare bankruptcy? Or, can you file a do it yourself bankruptcy?

The law does allow you to file a bankruptcy yourself. When you file on your own behalf, this is called appearing “pro se”. But just because you can file on your own, does not mean you should. There is a ton of paperwork, deadlines, court rules and much more that you will need to know in order to do this on your own. Even the U.S. Bankruptcy courts warn that filing on your own can cause your case to be thrown out if you mess up any of these never ending details.

But let’s say you want to at least find out more, and learn exactly how to file for bankruptcy. First off, do you know whether you want to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy? Chapter 7 lets you discharge, or eliminate your debt, but you must meet certain financial guidelines (called a means test) to qualify. If you don’t qualify for Chapter 7, or you have assets you want to try to keep, like a house, you would file for Chapter 13, which lets you set up a repayment plan over three to five years.

If you aren’t sure what chapter to file under, you should read more about bankruptcy in general to find out what the differences are.

Once you choose the type of bankruptcy you want to file, you will need to have a guide to how to file a do it yourself bankruptcy. One of the best series of books are by Nolo Press, which at Amazon cost under $20.

If you are not able to be really organized or understand all the details to file on your own, what other bankruptcy options do you have? First, know that many lawyers will work with you on payments, allowing you can pay your legal fees over time, however your bankruptcy itself won’t be filed until your fees have been paid up.

But one of the biggest bankruptcy alternatives you have is to not file for bankruptcy at all! If you are willing to give up assets you have, for example allow your home to be foreclosed, or if you can work with your credit card companies to set up alternate payment plans, you may not need bankruptcy. Today, with a bad economic climate, more and more credit card companies are willing to set up payment plans to help people through tough economic times. The best idea is possibly to start there, and decide if you need the protection of bankruptcy courts in the long run.

Chapter 7 Bankruptcy Information: What You Need To Know

Today I’m going to discuss specifically about Chapter 7 bankruptcy information and what you need to know. This is the chapter that most people would probably like to file under, since it will wipe your slate clean so to speak of all debt. Chapter 7 is also called “Liquidation” because your assets will be liquidated, or sold, to pay your debt. For secured debt, like cars or home loans, your asset will probably go back to the lender as it would if it were repossessed or foreclosed.

Chapter 7 is the way to get a fresh start. You discharge your debt, well most of them as you’ll see below there are some exceptions. But basically most of your debt can be gotten rid of, and you now have fewer or no monthly debt payments to make at all. Your credit after bankruptcy will be worse of course but more on that later.

The process starts with you deciding to file bankruptcy. This is not always an easy decision, and in not every case should you file. If you think you can work out repayment plans with your creditors, you might be better of not to declare bankruptcy. But let’s say you’ve decided to go ahead. Before you can file, you have to take a credit counseling course from an approved counseling agency within the six months before filing. This is also true of Chapter 13 bankruptcy.

With Chapter 7, you will also have to pass a “means test” which determines whether you are making enough money form a regular job to be moved into Chapter 13 bankruptcy instead. If you have no regular income, you are likely to be able to file Chapter 7. But, with regular income, which allows you to pay at least some of your debt, you will be moved into Chapter 13. This was done in 2005 as a result of the new bankruptcy laws.

Before you file, you should be aware that some debts cannot be discharged, or eliminated, in bankruptcy. These include student loan debt, delinquent taxes, and child or spousal support. So, if the bulk of your debt burden is made up of these types of debt, you may want to reconsider your decision to file personal bankruptcy.

The process can be complicated, and it’s recommended you use an attorney to file. For starters, the courts charge a $245 case filing fee, a $39 miscellaneous administrative fee, and a $15 trustee surcharge. Also, your lawyer will charge a significant fee, which can start at about $2,000 and up.

There are a lot of forms you have to complete for Chapter 7, which list all of your income, assets, and debts. Some of the Chapter 7 information the court requires are:

1. A list of your creditors with the amount of their claims;
2. Your income, including you job and how much you make, and how often you are paid;
3. A list of all of your property; and
4. A detailed list of your monthly living expenses, such as food, clothing, shelter, utilities, transportation, medicine, etc.

Your lawyer will help you prepare a list of exempt property, which means property you get to keep. In some states this includes your home, but only in a few – it’s a common misconception that you can always keep your home.

Once you file, your bankruptcy case will stop, or “stay” all creditors from coming after you, either with calls or with legal action, however sometimes this stay lasts for a limited time. Some proceedings like garnishment may continue.
After about a month, there will be a meeting of the creditors, where you may be asked some questions. Other than that, you will not be likely to have to appear in bankruptcy court in front of the judge. Usually, the creditors do not show up, but you will have to answer some questions on the record.

It can take only a few months for your bankruptcy Chapter 7 filing to be completed. Once all the forms and meetings have taken place, your debt will be discharged, which means it is basically eliminated. This of course excludes any of the debts listed above that are not subject to discharge.

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