Bankruptcy Questions Answered

Reethi asked:


Bankruptcy is a phrase heard and used by many. Individuals tend to have pre-conceived notions about bankrupts that they are individuals who are totally broke. But bankruptcy information can be a real eye opener for debtors who are contemplating bankruptcy and individuals who are seeking information about bankruptcy. It helps debunk all the myths attached to bankruptcy.
1)What is bankruptcy?

Bankruptcy is a legal term to formally identify an individual as bankrupt. It refers to the inability of any debtor or organization to pay their creditors. In majority of the cases, bankruptcy is initiated by debtors or organization themselves. The main purpose of bankruptcy law is to provide any honest debtor a chance to start afresh and to help a debtor repay his/her creditor/s in an orderly manner to the best extent possible by the debtor. Debtors are discharged of most of their financial obligations after their non-exempt assets have been distributed. Creditors can no longer harass debtors or continue any lawsuits once the debtor has opted for bankruptcy.

2)Implications of bankruptcy:

Filing bankruptcy is one of the hardest financial decisions. Debtors must carefully examine the implications of bankruptcy and choose it as a last resort to deal with financial troubles. Following are the implications of bankruptcy:

Lose control over your assets (except items/equipment required for work/household purposes)Cannot act as director of a company/practice as a lawyer/chartered accountantNegative publicity as a bankruptcy is advertised in ‘London Gazette’ and a local newspaperBankruptcy remains on record with credit agencies, land registry and other organizations

3)Common terms to understand bankruptcy

Bankruptcy petition: Individuals who opt for bankruptcy need to formally request protection of the federal bankruptcy laws. It involves filling of two important forms-The petition (Insolvency Rules 1986 form 6.27) and the statement of affairs (Insolvency Rules 1986 form 6.28).Chapter 7 bankruptcy: This chapter of the bankruptcy code provides for ‘liquidation’. The debtor’s non-exempt property will be sold and the proceeds will be distributed among his/her creditors. Chapter 13 bankruptcy: This chapter of bankruptcy provides a reorganization plan for individuals with regular income. It allows a debtor to retain his/her property and pay back his/her debt within 3-5 years.

Debtors could also consider various alternatives to bankruptcy before filing for bankruptcy. IVA, debt consolidation loan, debt management etc are proven alternatives to bankruptcy which the debtor can consider before he/she files for bankruptcy.

For comprehensive bankruptcy information log on to www.bankruptcy-information.bankruptcy help



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Stephen Snyder asked:


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 $500 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 $250 to $500. 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.



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leeannmeyer1 asked:

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Jon Arnold asked:


When a consumer is considering bankruptcy, the usual way to file it is to use Chapter 7 bankruptcy but in some cases it makes more sense for the consumer to file under Chapter 13 bankruptcy law. All bankruptcies, regardless of which chapter is filed, are done under the jurisdiction and supervision of the federal bankruptcy court.

The consumer who files under Chapter 13 bankruptcy protection is shielded and protected from creditors who might otherwise file a separate lawsuit against the consumer to collect the outstanding debt owed. When a consumer files Chapter 13 bankruptcy, the debt from all creditors is consolidated into one debt, it drastically reduces and sometimes even eliminates interest payments, and in almost all cases, it lowers the total amount of money that the consumer needs to lay out each month.

One of the beautiful parts about this is that after you have notified the creditors that you have filed bankruptcy, Chapter 13 or any other chapter, they can no longer call you or send you threatening letters, which only serves to increase your stress level anyway. You are recommended to keep a notebook near your phone and note which creditors you told about your bankruptcy, noting date, time, creditor and the name of the person you talked with. If they persist in calling after being notified that you have filed bankruptcy, they are in violation of federal law and you may have the option at that point of bringing a countersuit against them for that violation. Believe me, they are well aware of that and do not want to risk it.

Now by looking at this explanation, if you have been doing research into your bankruptcy options, you may have noticed that Chapter 13 bankruptcy sounds very similar to the process of using a debt consolidation service. You are right, but there are some very distinct advantages and disadvantages of each. For example, a debt consolidation service charges a small fee for their services, where the total amount of that fee would probably be a bit more than you would pay for your Chapter 13 bankruptcy filings and legal fees. But then again, with a debt consolidation service, your credit score is maintained and the fact that you are using a debt consolidation service is frequently not even visible on your credit reports, whereas a bankruptcy filing is a huge neon sign on your credit reports for the next 7 to 10 years. Although everyone’s situation is different, it would seem that a debt consolidation service, even though costing a bit more, would have much fewer long term negatives. You should really compare both options with a good bankruptcy lawyer so you can make an informed decision about what is best for your circumstances.

So the bottom line is that a chapter 13 bankruptcy gives the consumer the opportunity to pay off their financial obligations in a timely manner. The amount that the consumer will pay each month is determined by the bankruptcy court and will be an amount determined by a close examination of the consumer’s sources of income. A trustee is appointed by the court and the consumer’s check each month is given to that trustee. In most cases, this must be a certified check or cashier’s check, so it is going to be a bit more hassle to get that kind of check each month and get it to the trustee.

If you are considering bankruptcy as a consumer, you can either file Chapter 7 or Chapter 13. But especially with the recent changes in the bankruptcy laws, filing bankruptcy is no longer a “do it yourself” process unless you are willing to get very familiar with the bankruptcy laws. Making a mistake in the complex procedures that have been established could easily end up costing you more than a bankruptcy lawyer’s fees.



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Cornie Herring asked:


People loves credit card because it provides convenient on spending that meets today’s lifestyle, but they also **** it because it may cause them to trap in overwhelming debt, some people even need to go for bankruptcy filing to relief themselves from credit card debt. If you are at this worse financial situation due to large credit card balances that beyond your financial affordability to clear it, what are the options available for you to resolve your debt problem?

Many heavy credit card debtors tend to think of going for a bankruptcy filing so that they can relief themselves from hassling phone calls and surprising visits from their creditors to ask for their debt payment. But, they did not or might not aware of the consequences of filing a bankruptcy that will follow them for years (7 to 10 years) before they can freely reuse their credit again. Hence, bankruptcy filing should always be your last option after you have explored all alternatives for better options than bankruptcy which can potentially resolve your debt issue.

Credit card debt consolidation can be your alternative to bankruptcy. You should always explore this option for debt relief before you go for extreme solution such as bankruptcy filing which may badly hurt your future credit worthiness. You either can choose to consolidate debt with an unsecured or secured loan. But, if you have reached the status of receiving harassing phone call and getting visits from debt collectors, then you may already hurt your credit ratings due to the late payment or default payment. Then, it might be hard for you to get an unsecured loan to consolidate your credit card debt; however, it still worth to try to search for one, but be prepared that you won’t be able to get the best interest rate. If you manage to get an unsecured loan with interest rate that is good enough to consolidate the debt and bring it to current status, then you can avoid the need to filing for a bankruptcy.

If you own a home, you will be at a better situation to resolve the overwhelming credit card debts by consolidating them into a secured loan. You can apply for a home equity loan or refinance a mortgage to cash out money to pay off your debt. By pledging an asset for a loan, you should be able to find a good loan with low interest rate which you can use it to consolidate your debt. Remember, using your home to secure a loan also means that you are risking your home because you may lose it if you default the loan, so you should always make your loan repayment on time and don’t build more new debt before you clear the loan.

Summary

Bankruptcy filing is not the only solution for heavy debtors to get a relief from their overwhelming debt problem. You should always explore other alternatives for better debt relief options such as debt consolidation, which can potentially resolve your debt problem and able to minimize impacts on your future credit worthiness.



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Resolve Legal asked:


Like many people, you may be reluctant to file for bankruptcy even though a Washington bankruptcy lawyer has advised you that bankruptcy is the best – maybe the only — solution to your financial problems. Your resistance is understandable.

You may feel embarrassed – you should be in control of your finances, but you’re not. And there’s a certain stigma attached to bankruptcy, whether you go through the process yourself or are represented by a Washington bankruptcy lawyer. The filing is a public admission that you are unable to pay your debts. Bankruptcy also carries with it several unpleasant consequences, including the following:

• For 10 years, the bankruptcy will be reflected on your credit report (and there’s nothing a Washington bankruptcy lawyer can do to change that).

• You can obtain credit after bankruptcy, but it will cost you more.

• Though it’s highly unlikely you’ll be fired from a job because you declare bankruptcy, there are some jobs and licenses you can’t obtain because of bankruptcy. For example, some professions – stock broker is one — don’t allow a bankrupt to be employed in certain positions. These positions usually involve trust and money. (If you’re considering bankruptcy, a Washington bankruptcy lawyer can advise you about bankruptcy’s impact on your employment.)

• There are restrictions on how soon you can re-file for bankruptcy. For example, if you file under Chapter 7, you can’t file again under that chapter for eight years. (A Washington bankruptcy lawyer can explain these timelines to you.).

• Bankruptcy is listed in the top five life-altering negative events, along with divorce, severe illness, disability and loss of a loved one.

While these consequences are unpleasant, there’s another side to bankruptcy, as a Washington bankruptcy lawyer can explain to you. The right to file for bankruptcy is in the U.S. Constitution. Underlying this right is the idea that those in financial trouble deserve the chance for a fresh start. As every Washington bankruptcy lawyer is aware, some people abuse the bankruptcy system. However, the vast majority of people, whether they represent themselves or hire a Washington bankruptcy lawyer, have a legitimate reason for choosing bankruptcy. And often, as every Washington bankruptcy lawyer knows, those reasons are divorce and medical expenses.

It often helps to discuss feelings about bankruptcy with a Washington bankruptcy lawyer. The bottom line is that you shouldn’t feel bad about filing for bankruptcy. It’s your right. Filing lets you take control of your financial life. Filing makes you feel better about your situation. Filing amounts to a commitment to fix the problem and start fresh. At Resolve Legal, we can help you assess whether bankruptcy is right for you. Find out how, and get started on the road to financial recovery.



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