Bankruptcy Questions Answered

DuncanLawOnline asked:

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Loudernet asked:

Getting out of debt and reorganizing your debt under chapter 13 bankruptcy laws

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www.DuncanLawOnline.com Duncan Law - How Will Bankruptcy Affect Someone Who Cosigned On My Debt? Bankruptcy information, Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt, end of bankruptcy, bankruptcy discharge, bankruptcy dismissal, bankruptcy petition, filing bankruptcy, get out of debt,…

brmke110 asked:

www.burrlawoffice.com (262)827-0375 Filing Chapter 13 in Milwaukee, Filing Chapter 13 Bankruptcy, Chapter 7 Discharge, Chapter 13 Discharge, Current Bankruptcy Laws, Michael Burr will handle your case!

TheLeadFrog asked:

www.legalhelpers.com - Chapter 13 bankruptcy is something like debt consolidation, but has the power of the court behind it - Free bankruptcy evaluation - Legalhelpers.com -1-800-260-1402. … personal finance bankruptcy bankrupcy filing Chapter “13 Chapter” “debt consolidation” att

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Ian Koch asked:


Filing bankruptcy is a nightmare for anyone. While it is not something you might like to even think about, there might come a time when you might have to comprehend the bankruptcy laws and file one yourself. But how can you know whether filing bankruptcy is the right thing for you? Or whether you can prevent it? What exactly is bankruptcy?

For starters, bankruptcy is a federal court process to help individuals and businesses repay their debts under the protection of the bankruptcy court (Chapter 13 Bankruptcy) or get rid of their debts completely (Chapter 7 Bankruptcy). If an individual or business files for bankruptcy, the court issues a stay that prohibits creditors from taking any action to recover the debts from you without court approval.

Bankruptcies fall under to broad categories - liquidation and reorganization. US bankruptcy laws cover liquidation under Chapter 7 Bankruptcy, which allows your assets to be sold off or liquidated to pay off your debts.

The other type of bankruptcy - reorganization is more commonly referred to as Chapter 13 Bankruptcy. Under reorganization bankruptcy, a repayment proposal is worked out with the court and accordingly some debts are repaid in full, others as a percentage of the original debt while some others are signed off without repayment. A reorganization bankruptcy would usually be spread over three to five years.

But after filing for reorganization bankruptcy, it is very important you stick to the repayment plan because it is only at the end that creditors might grant you new credit. While a liquidation bankruptcy stays on your credit history for 10 years and you are denied credit during this period, a reorganization bankruptcy can be cleared off your credit history after 6 years. And depending on your repayment record, you can reestablish your credit.

Bankruptcy filing has serious consequences and bankruptcy laws don’t look easily upon individuals or businesses filing for it. The decision to file bankruptcy should not be taken easily because having your debts erased does not miraculously solve your long term financial issues. This can only be a once in a lifetime resort to get out of crushing financial burden brought on your by job loss, medical bills, or other circumstances that are out of our control.

The best way to avoid bankruptcy is to be both “penny and pound wise,” meaning practicing good money management. This includes avoiding impulse spending, not using a credit card unless you have the cash to pay it off, tearing up any special credit card offers received, devising and following a realistic budget and covering yourself adequately by insurance (medical, homeowners, auto). At the same time, you need to make sure you don’t speculate too much or fall into company with people who have questionable financial habits.



Bankruptcy Questions

Jon Arnold asked:


Only a few years ago, Congress made multiple huge changes to the bankruptcy laws which impacted how bankruptcy would be filed, and even who is eligible. For example, no longer can you file bankruptcy just because you are tired of paying your bills, but with the new laws, there is a defined set of procedures that must be followed for each chapter being filed, and your financial status will be evaluated under a microscope, where you must be approved before you can even file.

But one of the areas that was left pretty much untouched by the wide range of changes was Chapter 13 Bankruptcy. This chapter was originally constructed to prevent a home from being put on the foreclosure block. But with the massive number of foreclosures that are happening in the US today, it is unfortunate that many people still do not know that Chapter 13 Bankruptcy filing can still be used to prevent foreclosure on their home.

For the average consumer, there are three different types or chapters of bankruptcy that may be available to them, depending on their specific circumstances. The first one is Chapter 7 Bankruptcy, which is the most common type and is also sometimes referred to as a liquidation. Obviously the reason it is known as liquidation is because most of their debt is discharged by allowing the court-appointed trustee to liquidate all of their non-exempt assets. Even with this chapter, however, be aware that there are certain types of debts that cannot be discharged by going bankrupt.

Although it used more appropriate to be used by either businesses or people with substantial assets and income, another type of bankruptcy available to the consumer is Chapter 11, frequently also known as a business reorganization. This type does not wipe out debts, but rather it allows the person or business to reorganize its debt structure and make revised payments to the creditors, sometimes over a longer period of time, and sometimes also with a reduced interest rate. Creditors usually are willing to do this, since collecting their money over time and with interest is certainly better in their eyes than to have the debt wiped out completely via a different chapter.

The last type or chapter of bankruptcy available to the consumer is Chapter 13, frequently also known as the Wage Earner’s Reorganization. This type is the least expensive to file and is typically used by consumers who still maintain their ability to make their payment obligations, usually within three to five years. The total value of their assets which are classified as non-exempt is used as a basis and guideline for the amount that needs to be repaid over this period of time, as well as considering their level of income and any debts which cannot be discharged.

But what many consumers do not realize is that Chapter 13 Bankruptcy also allows property owners to stop foreclosure proceedings if they are behind on their mortgage payments. While the same can be said for the other chapters of consumer bankruptcy, Chapter 13 is particularly designed to permit the consumer to pay the delinquency in equal monthly payments for as long a period of time as 60 months (5 years). The mortgage lender has no choice but to agree to this, as long as all the other requirements and qualifications of this chapter are met.

The procedure to be qualified to file this chapter is more stringent than the others, since it involves a thorough examination of total debt and total income. No chapter of bankruptcy is any longer consider to be a “do-it-yourself” process with all the new legal requirements in place, so regardless of what chapter you are thinking about, it is strongly recommended that you consult with a qualified bankruptcy lawyer and ensure that both you and your property, combined with your specific situation, actually do qualify.

The biggest benefit that you can have with Chapter 13 bankruptcy, if you qualify and if you are facing foreclosure proceedings, is that it buys you time. That time can be used to make your current financial situation better, or it can also be used to find the right buyer for your property. If you move forward with this, keep in mind that the time you are granted with this is finite, and you need to start planning and take action NOW.



Bankruptcy Questions

Rudy Rival asked:


Fort Worth, TX - Imagine being a mother of two barely getting by on your paycheck when a slight setback puts you behind on your mortgage payments. That is what happened to Yvonne, who asked that we not use her last name.

After having already been through a Chapter 7 Bankruptcy when she was separated from her husband, Yvonne went looking for help to save her home for her children. She found Robert A Higgins, a bankruptcy attorney and founder of Robert A. Higgins & Associates.

Higgins helped Yvonne file Chapter 13 bankruptcy in order to reorganize her debt and keep her family in the house that they have called home for the past 13 years.

“I only fell behind by a couple of months. I was trying to work with them. Then in June I just couldn’t keep up, and they told me that they were ready to start foreclosure proceedings at the beginning of August,” she said. “I had to do something to protect my home.”

Yvonne and her family are not alone. In North Texas, over 2,500 homes a month are scheduled for foreclosure.

It may not seem like the best option to file bankruptcy, but Chapter 13 protections in Texas can save a home from foreclosure and allow homeowners who may have fallen behind some time to catch up with their obligations.

State bankruptcy exemptions in Texas include the person’s homestead, up to 10 acres, in a city or town and up to 100 acres in rural areas (200 acres for a family farm).

“The law was created to protect home and hearth,” said Higgins. “As a bankruptcy attorney the most satisfying part of my job is helping hard working people keep their homes.”

Higgins and his firm represent hundreds of bankruptcy clients each year.

“Even in good economic times, a family illness or dispute can force people into a financial crisis,” Higgins explained. “Bankruptcy law is there to help someone who is at risk of further victimization from their situation.”

And Yvonne appreciates the help.

“I had tried to file with another attorney before I contacted Higgins & Associates,” she said. “The case was dismissed and I never heard from them again. Higgins & Associates has been a lifesaver for me.”

In the 12-month period ending in June, 934,009 personal bankruptcies were filed in the United States. Of those, 8,585 were filed in the Northern District of Texas, which includes Fort Worth and Tarrant County.

The number of bankruptcy filings in Texas’ Northern District was up 6.1 percent in that 12-month period, according to information released by the courts.

“It seems like more and more people are getting in over their heads,” Higgins said. “I see several things that are to blame, divorce, loss of job, medical bills, loose lending standards, predatory lenders or the borrower that didn’t really know how far in debt that they were getting are some of the more common situations. What matters is that there is a way to get out of this mess.”

Robert A. Higgins is a leading bankruptcy attorney in Fort Worth and founding partner of Higgins & Associates, a firm that has helped thousands of clients protect their assets through personal bankruptcy filings.

For more information and for contact information for persons mentioned in this release, contact Robert Higgins at 817-228-0490 or email robert@higginsandassociates.com.



Bankruptcy Questions

Rayven Perkins asked:


Bankruptcy can be emotional and embarrassing. You may have a hard time looking your children in the eye, and feel that you have let everyone including yourself down. The main thing is to promise yourself to learn from the experience, and try to change your life so that you don’t end up back in the same situation again.

If you are a low income family, and have little or no actual assets you will probably want to simply file for a chapter 7 bankruptcy and discharge of debts. This requires that your estate be liquidated, and as much funds as possible divided up among your creditors. The remaining debt is discharged, and creditors are no longer allowed to pursue it but must write it off.

Liens on your house and / or vehicle should be examined to see if they are exempt from this process, and if not you will need to consider whether you should have them excluded from your chapter 7 bankruptcy filing. A house that is mortgaged for more than it is worth and has payments too high for you to realistically afford may have to be relinquished.

If you have good employment, but have had a tragedy including overwhelming medical bills or some other type of devastating but temporary setback, you may wish to consider a chapter 13 bankruptcy filing. This type requires a trustee to oversee your finances and work out a re-payment to submit to a judge for approval.

Normally, the chapter 13 bankruptcy repayment plan will call for a set dollar amount to be paid regularly for a specific amount of time, and the remaining balance will be discharged. Both you and your creditors will be expected to abide by the terms of the agreement. This ensures that you can continue to live normally, but gives you the chance to catch up on bills and regain your stability.

A word on refinancing a home after a bankruptcy; many people think that this will be impossible, but there are many lenders willing to give second chances in return for your business, and in an odd way the bankruptcy confirms one thing - at least you aren’t a risk for filing bankruptcy as you will be disallowed from filing again for several years.

In fact, people who file bankruptcy often see their credit score bump up a little almost immediately. Strange as it seems, many lenders view filing for bankruptcy as a sign that you are trying to turn your life around, and by bearing that out over a course of a year or two you will probably be viewed as an average loan applicant rather than a high risk one.

The main thing to take away from a bankruptcy is self forgiveness and the determination to change your life and avoid having to ever take such action again. Learn from your mistakes, instill better financial practices in yourself and your family, and put the bankruptcy behind you. Move forward, and make sensible money decisions and financial choices a part of your everyday life!



Bankruptcy Questions