Monday, November 16th, 2009
Muna wa Wanjiru asked: When a person files for bankruptcy they will need to fill out bankruptcy forms that pertain to their case. These bankruptcy forms must be court approved and they must be valid. You can get these bankruptcy forms when you talk with your lawyer about the best way to solve your financial problems.
There are different places where you will be able to find bankruptcy forms but you should let your lawyer examine the forms before you start filing them. Sometimes to become familiar with the different questions that you will find in these bankruptcy forms you can use free downloadable bankruptcy forms.
As bankruptcy filing is a very complicated process you will need to discuss the different questions that are in these bankruptcy forms. It is best to ask questions about the different aspects of these forms as sometimes you may become very confused.
You should also find out what will happen to your bankruptcy claim once the filing process is concluded. As there are different types of bankruptcy you should make sure that you are filing a bankruptcy form that is applicable to your case.
You can find also see about using bankruptcy kits. These kits provide you with information about the different types of bankruptcy and what you need to fill on the various bankruptcy forms.
You should be aware that these bankruptcy forms will be very lengthy as there may be many pages of information and questions for you to fill out. In the process of looking through the different bankruptcy forms you may find that some of these forms state that you have no need to hire a lawyer.
The smart individual will be cautious with such claims as sometimes your lawyer will have trouble deciphering the terms that are being set out. To prevent your getting into problems you might want to see what your lawyer has to say about these different bankruptcy forms.
You can download the different instructions that are needed for bankruptcy forms and see what type of information that you need to have prepared for your lawyer. Having the various information and data ready can help you to fill your bankruptcy forms with a minimum of hassle.
So the next time that you are looking at bankruptcy forms you should see your lawyer. This way you can take advantage of the information that you have about bankruptcy and finalize the necessary bankruptcy forms.
Bankruptcy Questions
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Saturday, November 14th, 2009
Nicholas Copernicus asked:
A personal bankruptcy is a form that when filed will discharge obligations to creditors. Bankruptcy forms can be located online or an attorney can prepare one for you.
Contrary to popular belief, personal bankruptcy does not discharge all debts. Specific types of student loans, called secured student loans, must be paid even after some one has filed bankruptcy. Also, it won’t discharge taxes owed to the state or federal government. Likewise, child support payments and money owed to victims of drunk driving accidents will still be required to be paid. Chapter 7 and Chapter 13 bankruptcy filing are still subject to the above criteria.
Personal Bankruptcy does however discharge ‘unscheduled debts’. Unscheduled debts are things like money owed to creditors, which include credit card companies, auto loan lenders, and money owed to personal contacts that lent you money. These creditors and others who are owed must line up to try and get any property not exempt under their state’s exemption laws. Those who are deemed most worthy get their pick of the debtor’s bankruptcy estate first, and on it goes until nothings left but assets that are exempt from being taken under that state’s laws. Usually states do a good job of keeping these creditors from taking everything because generally most creditors may not even receive a single penny. Since the stakes are so high for these creditors, they often try to band together to fight over who gets first pick of the bankruptcy estate, just so they can recover a fraction of what’s owed to them. It’s a rather fruitless fight creditors have to go through but most people say they deserve it for lending an amount the debtor has no ability to repay.
Often times businesswomen or businessmen file for personal bankruptcy for themselves and their company. It’s perfectly ok to file for a chapter 7 bankruptcy while your simultaneously filing for a chapter 11 bankruptcy for your business. These cases tend to be more complicated though, which can cause ‘legal sparks’ to fly when exemption laws collide.
Filing for personal bankruptcy is usually a very relieving experience for most people. They feel like the weight on their shoulders has lifted, it’s like the greatest gift you could give them. Most people avoid credit as much as possible for a few years until their credit report is clean again so they don’t have to deal with the ‘ballooned interest rates’. Theirs others who talk of repairing your credit score right after bankruptcy to lower those interest rates. I think that kind of talk just gets people in trouble again, because everyone knows the best way to get your credit score up is to get credit cards and loans that will just put you back into debt.
Disclaimer: This article has been written for information and interest purposes only. The information contained within this article is the opinion of the author only, and should not be construed as legal advice or used to make legal decisions. Consult an attorney in your area if you’re seeking legal advice.
Bankruptcy Questions
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Friday, August 28th, 2009
Cornie Herring asked: Filing for bankruptcy is a very personal decision. Heavy debtors may choose to file a bankruptcy if they see no other way out from their heavy debts. By declaring bankruptcy and filing a petition with U.S. Bankruptcy Court, the bankruptcy filer will be protected and relief from debts under the Bankruptcy Code.
Bankruptcy filing should be you last option if there are no better options available, because the consequences of filing a bankruptcy will follow you for 7 to 10 years. If bankruptcy is your only option, then by understanding the process of filing bankruptcy will get you more prepare to face it. Bankruptcy procedure and exemptions may vary from one state to another state. This article will walk through with you the general process of filing a bankruptcy.
The first part of the bankruptcy filing process is collecting your personal financial information. This includes your existing secured and unsecured debts and tax returns for past two years. Prepare all your deed documents which include real estate you own, car title, land title and other loan documents. You may want to order your credit report, it will provides you some helpful information on your past records.
Then, you either assign a bankruptcy attorney or you can choose to file the bankruptcy yourself. If you choose to file the bankruptcy yourself, you need to get the bankruptcy forms (you can get these forms online) and get them fill up. You have to fill in your current financial status and recent financial transactions (within last 2 years) into the bankruptcy forms. At the mean time, you need to decide to file under what type of bankruptcy; there two commons types which are Chapter 7 and Chapter 13, chapter 7 bankruptcy is the preferred one, but not all are eligible to file under chapter 7. If you choose to file under chapter 13, you need to enclose your proposed repayment plan with your petition. Once the bankruptcy petition is completed you will need to file the petition with your local United States bankruptcy court. If you have assigned a bankruptcy attorney to handle your bankruptcy case, the attorney will help you and guide you through the above process.
Once you have submitted your petition to the bankruptcy court, you will be immediately protected under the bankruptcy code. Your creditors are not allowed to make direct contact with you or making a claim to any of your property from the date of filing. About 1 month later, the trustee will call a first meeting with all your creditors and your creditors’ lawyer. Objections are typically resolved by negotiation between you as the debtor and your creditors. If there is no challenge raises in the meeting, you should receive a notice from court after 4 to 6 months stated that your bankruptcy has been discharged; otherwise, if compromise can be reached by all parties, a judge will intervene.
In Summary
Bankruptcy filling is a long process, it may takes up 6 months to a few years if a court case involve. You must be prepared to face it and if you have no confidence to get through yourself, it’s better to assign an attorney to handle the bankruptcy process.
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Saturday, August 22nd, 2009
Roilee Mandeville asked: 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.
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