Bankruptcy Questions Answered

Law Office Of Goldstein asked:


Individuals who have amassed large debts have many options. However, if an individual finds that non-bankruptcy alternatives are not feasible, a decision then must be then made between filing a Chapter 7 liquidation proceeding or a debt adjustment proceeding under Chapter 13.

A Chapter 7 bankruptcy filing is best described as obtaining a discharge from debts (with some exceptions) while retaining some assets such as a home, household goods and an automobile as long as they do not exceed certain values determined by the U.S. Bankruptcy Code. Chapter 7 is consider a “liquidation” decision however if filed correctly and using the Bankruptcy Code to the best of your ability some assets can be retained while crushing debt is removed.
To be eligible to file a Chapter 7 bankruptcy the filer has to reside or be domiciled in the United States. In addition, they can not have been a debtor in a bankruptcy case in the 180 day period prior to filing the current bankruptcy case; they must receive counseling from an approved nonprofit budget and credit counseling agency prior to the filing and pass the “median family income” test. In order to receive a discharge in a Chapter 7 an individual may not have received a Chapter 7 bankruptcy discharge in the previous eight years or a Chapter 13 discharge in the previous six years.

The element which will fully determine if you can file a Chapter 7, is the “median family income” level. The individual or couple must review income made within the previous six months and average it out. If when the average income is measured against the “median family income” as stated in 11 U.S.C. § 707(b)(7) and it falls below, then a Chapter 7 filing is appropriate. If the household income exceeds the “median family income”, then the individual or couple will be subject to the means testing. The means testing calculation takes the average amount of the income received during the six-month period prior to the bankruptcy filing and subtracts it from the average monthly expenses. This determines the margin of excess income. Using this figure you determine if the excess income exceeds the margin allowed by 11 U.S.C. § 707(2)(A)(i) and if you are eligible to file a Chapter 7 bankruptcy.

If you are unable to file for Chapter 7 due to the “median family income” level being too high and failing the means testing, then your other option is filing a Chapter 13. A Chapter 13 bankruptcy filing allows a person to seek protection of their property and develop a plan of paying creditors by making monthly payments to a Trustee under Court supervision. The plan can be for as little as 24 months or for as long as 60 months.

To be eligible to file a Chapter 13 bankruptcy the filer must reside in the United States, have a regular income, have unsecured debt less hand $336,900 and secured debt less than $1,010,650 and receive counseling from an approved non profit budge and credit counseling agency. In order to obtain a discharge in a Chapter 13 an individual must not have been granted a discharge in a Chapter 7 bankruptcy in the previous 4 years or been granted a Chapter 13 discharge in the last 2 years.

The primary advantage of a Chapter 13 filing over a Chapter 7 filing is that a debtor by paying a portion of his or her pre-bankruptcy debts over the life of the Chapter 13 plan can obtain a discharge of the unpaid balances while retaining all of their asset, avoid foreclosure of a home and more debts are deemed dischargeable in a Chapter 13 verses a Chapter 7.

The disadvantages to a Chapter 13 verses a Chapter 7 is that the filer will have to pay something to unsecured creditors, a reduced amount against entire debt. However in a Chapter 7 filing it could result in a discharge from most or all pre-bankruptcy obligations without any payments. Another disadvantage to a Chapter 13 is that a discharge will not be received until all payments required by the plan are done whereas a Chapter 7 debtor will usually receive a discharge in three to five months from filing.

It is essential that when trying to figure out if bankruptcy is the right option to contract an attorney to discuss the entire matter, review your current financial situation, determine what is most important to keep and let go and decide which is the best plan for their situation.



Bankruptcy Questions

Jay S. Fleischman, Esq. asked:


The cost of bankruptcy is one of the most immediate concerns for people who are considering it - after all, how can you pay to have an attorney handle a bankruptcy filing when you don’t have the money to pay your bills? Since collectors have probably been hounding you for months and getting every penny they can out of you, it’s understandable that the cost of bankruptcy would be a major worry.

There are a number of factors that determine what you will pay in attorney’s fees for filing bankruptcy - the prevailing rates and number of bankruptcy attorneys in your area, the complexity of your situation, and the type of bankruptcy you will be filing. Also, some attorneys charge a flat fee, while others quote fees on a case by case basis.
While cost is certainly a major concern for you right now, it’s not always the best idea to just hire the cheapest bankruptcy attorney you can find. ”You get what you pay for” is a maxim that certainly applies here. If you run into unforeseen complications with your filing, you want to be sure that your attorney will have the experience and expertise to keep things on track. A seasoned attorney probably won’t be the cheapest around, but he or she will be there to answer questions, deal with complications, and make sure that you end up free and clear of your debt.

Some attorneys allow clients to pay their fees in  installments - if you can’t come up with the entire fee, this might be a good way to get the bankruptcy process started. Just keep in mind that paying in installments might delay your filing. Some states also have programs that provide volunteer attorneys to handle your bankruptcy case at no cost.

Once you choose an attorney, make sure you get a statement of your fees in writing - this way, you will know the exact cost of your bankruptcy filing.

For many people, the cost of bankruptcy seems like a huge obstacle. However, if a creditor offered to wipe out all your debt for just a few hundred dollars, you’d likely jump on the chance. Essentially, bankruptcy offers the same opportunity.



Bankruptcy Questions

Albert Alexander asked:


Bankruptcy is a federal court process designed to help consumers and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcy is an option that often has to be considered when an individual cannot pay their debts as they fall due.

Bankruptcy is not something I recommend any more than I would recommend divorce. Along with a divorce, bankruptcy is listed in the top 5 life-altering negative events that we can go through, along with severe illness, disability, and loss of a loved one. In its simplest form, bankruptcy is a legally declared inability or impairment of ability of an individual or organizations to pay their creditors.

Chapter 7 bankruptcy provides for the discharge, or elimination of, unsecured debts in order to start financial recovery. Chapter 13 bankruptcy provides a repayment plan for secured debts, such as a home mortgage. There are pros and cons to each of the consumer bankruptcy options as well as personal financial circumstances that may limit your options.
Because it completely rids you of your unsecured debt, Chapter 7 bankruptcy is the easiest way to come out of debt. Since all your debt is, in essence, wiped clean in a Chapter 7 filing, people have started abusing it. In a bankruptcy case under chapter 7, you file a petition asking the court to completely discharge your debts. Chapter 7 relief is available only once in any eight year period. Chapter 7 bankruptcy, which is sometimes referred to as total bankruptcy, stays on your credit report for 10 years.

Chapter 13 bankruptcy, more like a payment plan, stays on your credit report for seven years. Chapter 13 bankruptcy is the most common type of “reorganization” bankruptcy for consumers: You get to keep all of your property, but you must make monthly payments over three to five years to repay all or some of your debt. The specific amounts of your repayment are determined by the courts.

Although bankruptcy can help with your financial situation, it does not help in every circumstance. Debts that are not eligible to be discharged include child support payments, some taxes, and student loans. Debts that can be discharged include personal loans, credit card debts, and medical bills.

Filing bankruptcy is a very serious move, and you must consider your options in comparison to your financial future. Filing bankruptcy involves a series of steps that you must be aware of. Filing bankruptcy is a major decision, with many benefits, including its ability to stop foreclosure, wage garnishment and creditor harassment. Filing can provide borrowers with clean financial slates either by discharging debt so that the one no longer is liable for its repayment, or by instituting a realistic repayment plan under the discretion of the bankruptcy court.

Filing for bankruptcy may be one of the most difficult decisions a person can make. There will always be those who file bankruptcy because of irresponsible financial behavior while others have simply fallen into unfortunate circumstances. For many who are forced to consider bankruptcy, the actual decision to file is usually the hardest part. Even with the negative implications of filing bankruptcy, most who have filed will agree that the psychological relief is a huge strain removed from their lives. Filing for bankruptcy is not the end of the world.

Bankruptcy is not a substitute for financial responsibility. Bankruptcy is not a quick fix for all credit problems. Bankruptcy is designed as a legal option to help resolve such a crisis, and act as a financial life preserver for those drowning in debt. Bankruptcy is the process by which you are legally allowed to get rid of your debt. Filing bankruptcy should only be used as a last resort effort to help people crawl out of a credit hole and get back on their feet.



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Dean Shainin asked:


Bankruptcy law is a federal statutory law contained in title 11 of the United States codes. Congress passed the Bankruptcy Code under its Constitutional grant of the authority to establish a uniform law on the subject of bankruptcy throughout United States. States may not regulate bankruptcy though they may pass the laws that govern other aspects of the debtor-creditor relationship.

Bankruptcy allows a debtor, who is unable to pay his creditors to resolve his debts through the division of his assets among his creditors. Certain bankruptcy proceedings allow a debtor to stay in business and use the revenue generated to resolve his or her debts. A United States Bankruptcy court supervises bankruptcy proceedings and is where bankruptcy is litigated. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.

How Do Bankruptcy Proceedings Work?

Informally called "straight bankruptcy," The most common type of bankruptcy proceedings liquidation involves the appointment of a trustee who collects the non-exempts property of the debtor, sells it and distributes the proceeds to the creditors.

Chapter 11 is reorganization. In this chapter the debtors are allowed to continue its operations while paying their debts. The debtor can either enter the bankruptcy proceedings or it can be initiated by the creditors. The creditors may not seek to collect their debts outside the proceedings at the most part, after the bankruptcy proceedings is filed. The latest revisions of the bankruptcy law are now in effect. Before the debtor can file a bankruptcy case, they should undergo credit counseling, budgeting and debt managements before the debt is wiped out.

Bankruptcy Attorney - Choosing the Right One

Bankruptcy attorneys explain the applications of bankruptcy laws and its applications. If the debtors or their lawyers set off the bankruptcy it is called a voluntary bankruptcy. If the courts initiate the bankruptcy it is called an involuntary bankruptcy. A good bankruptcy attorney will take all the problems away from the bankrupt person or company and deal with every aspect of the bankruptcy.

6 Helpful Tips and Considerations For Finding the Best Bankruptcy Attorney

1. Find a bankruptcy lawyer at the circle of your acquaintances. Keep in mind that bankruptcy law is a specialty, so if your lawyer offers to handle the case as part of your usual retainer, make sure he knows his way around a bankruptcy court.

2. Attorneys must be certified by the American Bankruptcy Institute.

3. Spend a day at a bankruptcy court.

4. What time frame do you have for this bankruptcy?

5. How much access will I have to an attorney during my bankruptcy filing?

6. Because bankruptcy law is a volume business, the time you’ll actually be working with a specific attorney may be small. Don’t hire the cheapest lawyer.



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Usha Pradhan asked:


Bankruptcy means an official declaration of economic failure or mutilation of ability of a person or company to pay their creditors. A bankruptcy petition may be filed against a debtor. Sometimes creditors file this kind of “involuntary bankruptcy” petition to recover their due payment.

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Bankruptcy means an official declaration of economic failure or mutilation of ability of a person or company to pay their creditors. A bankruptcy petition may be filed against a debtor. Sometimes creditors file this kind of “involuntary bankruptcy” petition to recover their due payment. In most of the cases, however, the debtor, individual or organization, initiates the economic collapse, known as the “voluntary bankruptcy”.

Know More 1: The word bankruptcy shares its root with the ancient Latin bancus (a bench, table or bank) and ruptus (broken).

Therefore, in other words, bankruptcy is a legal filing that relieves a person of responsibility for all or some of their debts because they are unable to pay. Credit history or credit report, as you wish to call it, is nothing but, the record of past borrowing and repaying of an individual or company. This record, as you understand, includes information about late payments and bankruptcy as well.

Fact 1: Bankruptcy is submitted to the jurisdiction of the bankruptcy court

Bankruptcy allows the unfortunate debtor an honest and “fresh start” in financial life by relieving most debts. It also allows creditors to restore some portions of what they owe.

Records say that consumers who have effectively cleaned their credit report denied a bankruptcy or judgment, second and even a third time, and finally they got it cleared. So never get discouraged! Your patience and resolution could be the two important keys in repairing a damaged credit report.

Fact 2: Bankruptcy case begins by legally filing a petition containing defaulter’s economic information.

How well is this going to work for you depend on how patiently you try …

However, you must know that certain items are easier to remove than others.

Fact 3: A married couple may file a joint petition.

Here is a list of easier Items to dispute and get removed Stuff older than 2 years:

* Discharged bankruptcy

* Charge-offs

* Inquiries

* Repossessions

* Late payments

* Accounts that were late but now paid off

Fact 4: Liquidation and Reorganization are two common forms of bankruptcy.

Do you know why it is so? It is simple! When you challenge an older account or item presently charged off, the creditor is not too bothered with the account any more. Even they may fail to find the required information to bear out the dispute.

Know More 2: Some scholars still believe that the term bankruptcy is originated from the Italian banco rotto meaning broken bank.

And a list of more difficult items to dispute:

* Accounts currently due

* Recent bankruptcy

* Judgments

* IRS or State Tax Liens

* Current collection accounts

Fact 5: liquidation bankruptcy is a kind of bankruptcy in which the defaulter’s non-exempt (means legally unprotected) asset/possessions/properties are distributed to suit creditor claiming.

These are the items which you can say are trickier as creditors keep track of these in their current files and expect you to pay them. This is the reason why it will be easier for them to verify the information and keep the item on your credit file. However, it is always good to try.

Fact 6: In reorganization bankruptcy the defaulter rearranges/redistributes possessions and unpaid amounts.

Important: It is completely legal for you to contest items on your credit file even though you know they are correct. When you do so, you are only trying to see if your creditors have maintained proper account to verify the dispute. Your pretext could be a very bad memory that makes you forget that the negative accounts on your credit file are really yours … and in case they are unable to verify your dispute, it must be removed from your file, this is what the law says!!

Know More 3: In the years 1557, 1560, 1575 and 1596 four state bankruptcy cases were declared by Philip II of Spain. Thus historically, Spain, the sovereign nation, held the first place to declare bankruptcy.

Removing Negative Credit

First, identify the negative items that you want removed.

Secondly, after you review your updated credit file and getting most or all the negative items removed, you may go for building a positive credit profile. Positive information will always overshadow the residual negative items that may still remain in your file.

Fact 7: The law of United States offers a single chapter on liquidation bankruptcy (chapter 7); all other chapters are provided only for reorganization bankruptcy (chapter 9, chapter 11, chapter 12 and chapter 13.)

Thirdly, as you know already, if the dispute is sent in from anyone other than you, it raises all sorts of Red Flags. As they themselves make so many mistakes they believe you are working alone and trying to fix a real lawful mistake.

If there is a negative item, such as a bankruptcy, charge off or collection account, just write it that this is NOT your account and you want it removed immediately.

Fourthly, if in case the creditor is able to supply you with the written proof you asked for, propose to settle the debt for 10 cents on the dollar if you have the money. Thus, if you owe $1,000, offer $100 to the creditor. If they refuse, tell them that you will file Bankruptcy and they will get nothing. This will certainly open them up to negotiating with you.

“Bankruptcy is a legal proceeding in which you put your money in your pants pocket and give your coat to your creditors.” ~ Joey Adams



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philip lawrence asked:


Hiring Legal Service to file bankruptcy

Is your business doing bad, is it reached a bankruptcy stage and you run out of all option to pullback your business? Are you pondering filing bankruptcy an end point to your daunting business for a time period now? Then you may have some of query on the way to go about bankruptcy filing. You might imagine of what are all of the documents needed and all forms to be filled to file bankruptcy and to project the maximum amount of our assets as possible . You’ll also puzzle how long a bankruptcy filing will take, How much it cost and Do I need a lawyer to do bankruptcy for me or I am able to do it on my own.

As you’re looking to go for bankruptcy then your financial position won’t be good so you may wish to reduce as much cost as practicable in bankruptcy filing and you could imagine having a lawyer for filing bankruptcy could be too costly. But this isn’t true, you can get a lawyer for a fair price, even they may prepare to do it for much cheaper . Lawyer will help you to file your bankruptcy without any trouble and also help you project maximum of your assets.

If you are not familiar with legal proceeding and liquidation of a company, it’s best practice to approach a lawyer. The lawyer will steer you and give timely information on what direction to take while filing your assets under bankruptcy. You want pro lawyer service to reduce your asset liquidation in the middle of filing.

A good lawyer will significantly scale back your stress and stress from your banks that you have been working with for a period of time now. If you want to get maximum benefit from filing bankruptcy, you must hire a best of class lawyer. In most bankruptcy case you may basically have good chance to loose your home, car and personal assets, by getting a service of an expert lawyer you are able to save all your private assets.

there is a good possibility the filing bankruptcy with good experience of how the filing process works may cost all your assets and make you a beggar, if it’s not properly handled. To make your process a smooth one and put a cap on all your business and fiscal problem you want expect recommendation and you can get one by hiring an expert attorney who specialised in bankruptcy. You can get an expert lawyer to handle your bankruptcy filing from our legal site dedicated for lawyer service.

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Smith Bryan asked:


If you are in the process of having to file bankruptcy, and you are unsure of what you should do with your bankruptcy forms, then you should think about going to a bankruptcy attorney for advice. You will be able to get the forms needed, as well as help in filling them out. This way, you can be sure that you are filling out all the forms that you need to. The downside to this is you will need about $3000 to complete the entire process. One alternative to this is to hire an online bankruptcy service that will do basically the same thing as an attorney without the high costs or if with these services you will be able to get any information that you need regarding which of your belongings are exempt from the proceedings. If you are not sure which type of bankruptcy to file, you will also need to give advice as to whether Chapter 7 or Chapter 13 is best for you.

When you decide that filing bankruptcy is your only way out, you will have to collect all the forms specifically for your state. The bankruptcy forms you will need to fill out to complete your bankruptcy filing are as follows, voluntary petition bankruptcy, real property and personal property statements, list of exemptions, secured debts, priority debts and unsecured non-priority debts. You will be asked to provide contracts or lease verification and co-debtor information. Additionally, you will have to fill out detailed income and expense sheets and bankruptcy forms that list creditors. You will also be required to complete a statement of intention if you choose Chapter 7 protection.

A bankruptcy case is started by the filing of a petition. You must also file a statement of your assets and liabilities, and you must list all your creditors. If you choose to file a bankruptcy petition without the help of an attorney, you can obtain the required bankruptcy forms online. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file. For information on the different chapters of the bankruptcy code, go to the US courts government website and go to the bankruptcy basics page which will have a large amount of information and descriptions of the codes.

If you’re trying to file bankruptcy on your own, one thing that you need to do is to make sure your forms are for your state. It is a fact that the laws are a little different in every state, so if you’re not careful you get into with the wrong form for your state. You should also check to make sure that you are actually getting legitimate and official bankruptcy forms, that way you will know that your filing was done correctly. Depending on where you look for your bankruptcy forms, you may be able to find some instructions that will help you figure out what information you need to get before you can fill out the bankruptcy forms. Make sure that you follow the instructions well, otherwise you might end up unable to file for bankruptcy, or you might not list the right assets or get the right things exempted from the bankruptcy proceedings.



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Yogesh Shai asked:


No business can work in isolation. Each business has to interact with other business either for goods or services or in some case for consultation. All these interaction results in monitory transactions. And in businesses risk and losses are always there to trap you. Bankruptcy is one such thing. For if a business declare itself bankrupt than you can file a case against them with Bankruptcy Attorney in Tampa.

Bankruptcy is the process where a person legally declares himself or his business unable to pay outstanding debts. Depending upon the type of bankruptcy filed, one meets with a judge to determine a payment schedule, or have a legal bankruptcy discharge most if not all debts. Businesses also may declare bankruptcy, which either means the business will close, or that the business will continue to operate with reduced payments to debtors. Each country has its own bankruptcy designations.

Actually, bankruptcy was originally planned as a remedy for creditors - not debtors. The person who is having the right to get the payment from any party in US, he/she just have to contact a Tampa Bankruptcy Lawyer. They are the professionals in handling such cases. Some of them like http://www.bankruptcyhelp4u.com are recognized world over.

Every country has its own rules and procedures regarding the bankruptcy cases. Here we will talk about US. Generally, a debtor declares bankruptcy to obtain relief from debt, and this is accomplished either through a discharge of the debt or through a restructuring of the debt. Generally, when a debtor files a voluntary petition, his or her bankruptcy case commences. These sorts of cases are best solved by Tampa Bankruptcy Filing companies.

These companies which are mentioned here are not only the expertise in their area but they charge reasonable rates and easy payment plans. So forget your all worries relating to the payment with Tampa Bankruptcy Attorneys.



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Smith Bryan asked:


Houses and other property can be sold while someone is in bankruptcy, but there are specific rules that must be followed when you do it. You must get court approval before the property is sold. Until a final decree has been issued in a bankruptcy filing, the property will be tied up. The final decree may not have been issued even though the bankruptcy debtor has received a bankruptcy discharge. Permission from the bankruptcy court must be sought even if the secured lender, usually a mortgage company, has filed a motion for relief from the automatic stay. If relief from the automatic stay was granted by the bankruptcy court it means that the creditor can force its rights under the state law, but the property is still controlled by the bankruptcy laws for all other people, including the debtor.

In most cases, a bankruptcy will usually delay any foreclosure process. This is because when a bankruptcy case is filed, a restraining order is entered under 11 USC 362 called the automatic stay, which prevents any further debt collection efforts against debtors or their property. So if someone is facing foreclosure, a bankruptcy will immediately freeze the process. This may be permanent, as in most Chapter 13 cases, or it may be temporary, as in most Chapter 7 cases. The reason most Chapter 7 restraining orders are not permanent is due to the fact most Chapter 7 cases are over within four months time, and or, the lender will file a motion for “relief of the automatic stay” which will remove the restraining order against that lender on the property.

The typical foreclosure is four months. Add to this the 2 to 4 months of being in default before the process is started, and most people generally will not be foreclosed on in under eight months. After foreclosure, the lenders still needs to evict the debtor, which may take another month or it so if you add a bankruptcy to the nine-month foreclosure process, it’s not surprising to see debtors in their homes for a year or more from when they last stopped paying. Moreover, since the bankruptcy has erased the personal liability of the debtor, there is no recourse the lender  has against the borrower even if the foreclosure results in less than full payment on the loan. Additionally  since some states have  the one action rule, even post bankruptcy claims arising from staying in the property without paying will not result in any liability to the debtor.

When a person is in bankruptcy, the lender’s choice is to non- judicially foreclose and forever give up their claim for money damages against the debtor, or, to judicially foreclose in a court of law and obtain a deficiency judgment against the borrower. Virtually all foreclosures are non-judicial foreclosures since the judicial foreclosure is very time-consuming, and even when the lender prevails, the debtor still has a one-year right of redemption, whereby the borrower can come back within one year, tender the amount due, and get their property back.

So if you are surrendering your house in Chapter 7, you can pretty much expect to stay there for at least six months to a year from your last mortgage payment. This monthly savings truly gives debtors a bankruptcy fresh start.

Read more about how to file chapter 7 bankruptcy yourself. Visit www.diy4law.com for more details.



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Jane Worthington asked:


Filing for bankruptcy is something about which many people are embarrassed. It is important to remember that 85% to 90% of bankruptcy filings are due to divorce, illness, or loss of employment. Therefore, many people are forced to file for bankruptcy due to circumstances they cannot control. However, you have to know that you can survive after bankruptcy. No matter what reasons you had to file in the first place, you need to know that you rebuild your life afterwards!

Most bankruptcy lawyers encourage you to think of filing for bankruptcy as a fresh start. Your debts are wiped out but you will need to work hard to rebuild your credit! The stigma is the same whether you filed for Chapter 7 or bankruptcy Chapter 13. If you are diligent and honest, you will be able to regain a decent credit score in as little as two years. If you put off rebuilding your credit, however, you will find that it takes much longer than it should.

You need to start working hard immediately after your bankruptcy case is over. All of these steps are suggestions on how to reestablish your credit so that you can overcome your bankruptcy and live a happy life. The first step to building up your credit again is to establish new credit lines.  Most major credit card companies and banks will most likely not approve you but there are other avenues that you can try. After you talk to the three main credit report companies to make sure that they show your debts have been “discharged in bankruptcy,” you can try to find a bank that will establish a savings account for you. Try to find an account that will have a credit card attached to it; this card is called a secured credit card.

In order to get your life back on track, you need to maintain as positive an attitude as possible. If you allow yourself to be bogged down in the bankruptcy and do not work hard to overcome it, you will have a much harder time reestablishing yourself. Have a story prepared to tell people why you needed to file bankruptcy. If you are honest and show remorse, people will be more willing to give you a second chance.



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