Bankruptcy Questions Answered

Bigone5555J asked:

“If the Obama administration expected the senior creditors of Chrysler to fold their tents under political pressure, they may have gotten a rude shock today. Thomas Lauria, who accused the White House of threatening the creditors withn humiliation at the hands of the White House press corps, has filed a motion to halt the administrations machinations on behalf of the UAW in the Chrysler bankruptcy. Lauria and his allies claim that the Obama administration has violated the Constitution in their bid to devalue the senior creditors holdings on behalf of junior creditors, and have some precedent to support the allegation.” hotair.com “More than one Chrysler senior creditor has corroborated Thomas Laurias allegation that the Obama administration threatened them with public attacks if they didnt surrender their contractual rights.” “The sources, who represent creditors to Chrysler, say were taken aback by the hardball tactics that the Obama administration employed to cajole them into acquiescing to plans to restructure Chrysler. One person said described the administration as the most shocking end justifies the means group they have ever encountered. ” “One participant in negotiations said that the administrations tactic was to present what one described as a madman theory of the presidency in which the President is someone to be feared because he was willing to do anything to get his way. The person said this threat was taken very seriously by his firm.” hotair.com …

rolandk98 asked:

Are creditors bothering you at work and at home? Are they harassing your family, friends and neighbors with messages to “urgently contact them”? are they calling at all hours of the day? I know these things happen because I have helped many individuals who have experienced the same things you are going through. You do not have to put up with abusive collection agents. We can help you put an end to it all legally and immediately through the bankruptcy laws available to you. My name is Roland Kedikian. And I am a California licensed attorney. I help individuals like you file for personal bankruptcy. Upon retaining our services, we provide you with a special telephone # to refer your creditors to us. We will keep the creditors off your back. And you can stop paying your creditors immediately and begin the process for filing for relief under the Untied States bankruptcy code. Bankruptcy is not an easy decision, but in certain financial situations, it’s the right decision. We can help you decide if bankruptcy is right for you. Call now and ask to speak with me personally.

James Banks asked:


Business bankruptcy is a situation in which a business organization has more liabilities than assets and is no longer capable of meeting its financial obligations. Any type of business can file for business bankruptcy.

Business bankruptcy can provide relief to the business owners who are overwhelmed with credit problems and cannot find any other way out of debt. However, business owners must also face the fact of losing one’s business and damaging one’s credit standing and endure embarrassment is a possibility. There is not much stigma attached to Business Bankruptcy because it is, in fact, used by many businesses to restructure their companies.
Though Business Bankruptcy may seem different from personal bankruptcy, they both target the same goal: a way out when all possible solutions fail to alleviate the current situation.

When a business or a company is on the verge of forfeiting payments on a debt, it is the sign for an owner or manager to know that the time has come to file for business bankruptcy.

Are there any differences between the different business bankruptcy types?

There are 2 main types of business bankruptcy: chapter 7 and chapter 13, but the latter has more advantages than the former because it is federal bankruptcy, and the law does not require the liquidation of the business itself. As an alternative, the company will have to fulfill paying the debt according to the agreement with the creditors. The company has the chance to recover from the debts and can make profits again. But any decision-making has to be pre- approved by the federal court as the business bankruptcy law stipulates.

Brandon O’Brien is the current manager of a company that filed for bankruptcy after following our professional advice and is currently following making his compulsory payments. Business bankruptcy has helped him regain the company’s financial control and has given him a new way of dealing with the debt problems the company has carried for many years and has not yet solved them.

Brandon O’Brien:

What should I do after filing for Chapter 11 Business Bankruptcy?

James Banks:

Chapter 11 Business Bankruptcy allows the company to keep its assets. Nevertheless it is recommended some bonds be liquidated in order to pay off part of the debt. The amount can be reduced, and the payment will not be too high; allowing the company to generate profit after all. Regardless of what method you use to reduce the debt, the manager of the company has to regularly report to the federal court any decision made in the company.

Brandon O’Brien:

So, after filing for Business Bankruptcy, do the lawyers take care of everything?

James Banks:

Do not believe that by filing for Business Bankruptcy your financial situation will be resolved. You, as the manager will have to make sure that the company has enough cash to endure the whole filing process, and we recommend that you follow a plan in order to avoid any type of delay during the case.

One way to take care of creditors once and for all is to put them all together and set up a plan to start the repayment process. The debt will be reduced, and the creditors will see you are in the process of paying them. This creates trust and understanding as to why you file for bankruptcy.

Remember, filing for Business Bankruptcy is a serious decision, and one that should only be considered when all other options have been tried. It would be wise to seek advice from a financial and legal professional before making any sudden decisions.

We have different articles of interesting topics and current and former clients’ experiences with our programs. Take a look at topics related to Business Bankruptcy, situations in which people can fall into and how to keep yourself a debt free person.

http://www.commercialdebtcounseling.com/avoidbankruptcy.shtml

http://www.commercialdebtcounseling.com/business/business-y/business-business-bankruptcy-filing-laws.shtml



Bankruptcy Questions

jessicarector asked:

Jessica continues to talk to her guest about when you need to fill bankruptcy, the good, bad and unknown of filing. Her guest also discusses what not to do when creditors are coming after you.

shayka79 asked:

www.EagleOneDebtSolutions.com Debt Relief and Debt Settlement Company. Have you considered Bankruptcy, Debt Consolidation or Credit Counseling as an answer to your delinquent debt? Have your accounts been placed with collection agencies that seem to call you every day? If you are ready to turn it all around, Eagle One Debt Solutions may be able to help. Eagle One Debt Solutions offers an honorable alternative to bankruptcy by negotiating with your creditors and collectors to settle your debts for less than the full balances. The average settlement is approximately half of the delinquent balance due*. To qualify, the total amount of your unsecured debt must be at least $7500. * Credit Card Debt * Medical Bills * Department Store Charge Cards * Oil/Gas Credit Cards * Personal Loans (unsecured) * Auto deficiency balances (Repossessions)

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Steve Rhode asked:


Struggling with debt is now a common occurrence in the UK. You are not alone with the feelings of stress and despair it can cause.

When debts become overwhelming, it is common for thoughts of bankruptcy to be seen as the only solution. However, there is an alternative which is far less restrictive but can be just as beneficial for the debtor, the Individual Voluntary Arrangement.

An IVA, which was established by the Insolvency Act 1986, is a legal contract between you and your creditors. It is a legally binding arrangement supervised by a Licensed Insolvency Practitioner, the purpose of which is to enable you to reach a compromise with your creditors and avoid the consequences of bankruptcy. Insolvency Practitioners are accountants and they will present your IVA case to the Creditors.

The IVA enables you to cut your debts to an affordable level and clear them over a fixed period. The compromise should offer a larger repayment towards your debt than could otherwise be expected were you to be made bankrupt.

You can even take out a fresh mortgage while in an IVA. What’s more, it is a totally private arrangement nobody needs to know about it apart from you, your advisors and your creditors (people you owe money to). An IVA ensures that your home is protected and your job is not at risk.

You make one single manageable monthly payment, based on your budget, for 3-5 years. After that the remaining debt is wiped clean, leaving you completely debt-free. This means that an IVA can write off up to 75% of your debts.

However, under the terms of the agreement you undertake to contribute as much as possible within your budget. So in reality, an IVA presents an opportunity for you to pay whatever as you can in a manageable way in a way you can afford.

The advantages and disadvantages of an IVA compared with other debt solutions are particular to a debtor’s individual circumstances and professional advice should be sought to decide on the best option.

Advantages

You only pay back a percentage of your debts. If you follow the agreed terms, you will be debt free in 5 years time. Up to 75% of your debt may be written off.

This is a legally binding solution so no further interest or charges can be added to the debt. Enforced by law creditors can’t change their mind once they’ve agreed. You also get protection against possible court action.

Agreed monthly payment plans will remain fixed unless your income level dramatically increases.

It is a private agreement and only you, your advisor and your creditors need know about it. There is no publicity in the local papers, as is the case for bankruptcy.

You can continue to practice as a professional person (i.e. accountant, solicitor, doctor etc) or as a director of a company and can hold public office, as an IVA does not affect your professional status.

You can open a regular bank account, without an overdraft facility and have no/fewer credit restrictions than if you go bankrupt.

You can safeguard your property, as the proposals can be made flexible to suit personal circumstances.

Disadvantages

If you have equity in your house, an endowment policy linked to your mortgage, or valuable assets you may be required to release them in to pay your creditors. (This is usually done near the end of the arrangement). However this is preferable to repossession and enables you to safeguard and retain your home.

Normally, an IVA cannot be used if your total debts are under 15,000.

You must be able to afford to make an offer of repayment to your creditors. Generally you need to be able to afford monthly payments of 200 or more.

If you fail to keep up the payments set out in the agreement, your creditors WILL be able to take other action against you, which could result in bankruptcy, and your home could still be at risk if not specifically excluded from your IVA proposals

In their bargain to allow you to avoid bankruptcy, IVAs are expected to be for a longer period than bankruptcy (ie 5 years). People who go bankrupt can be discharged from bankruptcy within between 1 and 3 years. So it takes longer to be debt-free.



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Jason Holmes asked:


If you are in profound debt and struggling to find a way out, opt for debt solution. None of the debt solution measures can eliminate all your debts. But it can certainly reduce your debt burden. Debt consolidations, debt settlement, bankruptcy, are some of the effectual debt solution measures. Not all the procedures will suit you. To choose the most relevant debt solution you should understand the different means of debt solution.

1. Debt consolidation: Debt consolidation is the most accepted debt solution method. This process helps you to lower your interest rate and waive off the late fees. If you opt for debt consolidation, the debt consolidation company merges your multiple debt payments like the medical bills, credit card bills, unsecured debts and all other payments into one. You would have to make a single monthly payment to the debt consolidation company and the company shall pay your debts.

2. Debt Settlement: This is the most effective means of debt solution. In fact it is an alternative solution to bankruptcy. The debt settlement company negotiates with all your creditors to reduce your payable amount to nearly 40% to 60%. This is the process by which you stop paying to the creditors but keep saving the money instead. After your have accumulated at least 50 % of the loan amount, your debt settlement company shall negotiate with your creditors. Even you can negotiate with your creditors while settling your debts. But if you are unable to do so certainly contact a debt settlement company. However it is very important to take the correct decision at the exact time, while opting for debt settlement. Be careful while selecting the correct debt settlement firm.

3. Bankruptcy: While opting for debt solution, if all other options fail, you can file a bankruptcy. It is the easiest way to reduce or eliminate debts. When all other options, to come out of the debt phase are closed, you can declare yourself as a bankrupt. Basically, it is a legal process in which the person or the company declares that he is unable to pay his debts. The process of bankruptcy helps them to eliminate their debts or repay them under the protection of the bankruptcy court. The total number of bankruptcies in US is at a rise. Recently 1,794,795 number of people have been discovered to be bankrupt.

Despite having several advantages, bankruptcy should be avoided. If you are declared a bankrupt, then it will be reflected on your credit report for at least 10 years, from the day when you have been declared a bankrupt. Bankrupt people cannot easily purchase or rent a home or purchase insurance. Personal Bankruptcy can spoil your social status to a great extent.

Though you can pick up a debt solution process yourself, but always contact a financial expert before opting for a reliable debt solution.



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Ken Black asked:


When debts begin to pile up around you and you cannot make your regular monthly repayments on time or even at all, you may be faced with a very stressful situation. To make things worse, you will be denied credit from other lenders because you are unable to pay the credit you already have. If that is not bad enough, you will also have rude, irate and threatening letters and phone calls from your creditors, demanding that you pay them what is owed.

As these problems escalate, so do your bills. The problem with many consumer debts or unsecured credit is the interest rates are so high that, even if you are keeping up with your minimal monthly payments, chances are that you will never pay off your debts anyway. If the interest was not bad enough, once you begin to fall behind in your repayments or you borrow above the limit on your credit cards, you are likely to end up paying a whole host of other additional fees, such as late payment and over the limit penalties.

When faced with these situations, you need debt relief or ways to get your debt under control to place yourself in a position where you are able to get rid of your debts once and for all. Before exploring debt relief options, keep in mind that it did not take you a matter of days or weeks to get into debt, so you could hardly expect that debt relief will work for you in a matter of days or weeks either. Any option that you use to get out of debt will take time, patients and careful planning of your finances to make it effective.

What To Do First:

There are many different ways to get debt relief. Before you begin, you will need to sit down and make a list of all of your debts, then make a note of each creditor, their name, telephone and what their interest rates are. You will also need to work out your incoming money and where that money goes each week. Set yourself up with a budget and stick to it, while you are looking for options that will suit your circumstances better and help you get some debt relief.

See which of your debts are attracting the highest interest rates and target them. They are the biggest strain on you, so the sooner that you pay them off, the closer you will be to getting some debt relief. Pay the minimum on all of your other debts, except for the debt at the top of your list and pay as much on that one as you possibly can.

Next, you will need to call each of your creditors and explain to them your situation. Be honest with them. Where possible, ask them if you could pay your debt in full for less money or if they would lower your interest rates while you are paying your debts off. Ask your creditors how you can work together to get your debts paid off. You may be surprised at how willing they are to help you repay your debts.

If you do not feel confortable talking to your creditors, or if you are not having much luck with them, you may want to consider using a credit counseling service to help you get some debt relief. A credit councilor will work with you and your creditors to lower the interest you are paying and make your monthly repayments more manageable.

Additionally, a credit counseling service will teach you how to budget. Some credit counseling agencies give their customers the option to pay money to them each month and have their debts paid on time by the credit counseling company.

What Are Your Options?

The most common way that people often think of dealing with way too many bills, is to go bankrupt. By going bankrupt, you are likely to still end up with some of your debts needing to be repaid, as well as severely damaging your credit report, which will hamper your chances of getting credit in the future. Even if you do get credit after a bankruptcy, you will have to pay huge amounts of interest, which will put you back in the same situation you are already in. So even though bankruptcy may seem like an option, use it as your very last alternative and even then use caution.

One of the best ways to get some financial assistance would have to be debt consolidation. Basically, a debt consolidation loan will pay for all of the debts that you already owe and roll them over to one, usually with lower interest rates and lower monthly repayments. There are loans available from lending institutions that do not require you to have collateral. The interest rates will be higher than a secured loan, although they will be much less than the interest rates being paid to other credit companies or on credit cards.

If you currently own your own home, you may also want to consider the possibilities of a home refinance, also referred to as a home equity loan, which can be used for a variety of reasons, including repaying your debts. By refinancing, you may be able to get a lower interest rate on your home, as well as pay off your debts. If you take the refinanced loan out over a longer term, your repayments will be lower each month, giving you instant debt relief.

While debt relief is important to get out of the debt you are already in, it is also important to make sure to educate yourself in how to budget your money carefully and manage it better in the future. You want to avoid getting into a continuous cycle of getting in and out of debt.



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Neil Robertson asked:


If you are experiencing overwhelming debt problems it would be sensible if all of the debt relief solutions available to you were free, after all it’s not as if you have a lot of spare money. Unfortunately not all debt relief is free. It depends on your situation and the solution that you choose. Debt relief can be categorized into informal (can sometimes be free), debt relief involving qualified supervision (almost never free, but can appear so), and full bankruptcy (never free).

The irony is that the debt relief solution that is most suitable for people with extreme financial difficulties (bankruptcy) is the one that is not free. Not only that, it requires you to pay an up-front fee.

Informal Debt Relief

There are a wide range of companies and charitable organizations offering informal debt relief solutions. These usually involve either persuading the creditors to accept a longer time period for the repayment of their debt (debt management plans) or persuading them to accept a figure that is lower than the debt owed (debt write-off). None of these solutions are legally binding on the creditors and so rely on the experience of the debt management/counseling company and the particular mix of creditors for their chances of success. With informal debt relief it is always possible to find debt charities that will work with you for no fee or companies that will only charge a fee if they arrange a successful resolution. In this way, if the fee is taken out of the settlement to the creditors then their services can be effectively free to you, the debtor.

Supervised Debt Relief

This includes Individual Voluntary Arrangements (IVAs) in the UK and Chapter 13 bankruptcy in the United States. These debt relief solutions require the services of a qualified person to setup and monitor the agreement (which typically involves paying back a proportion of the debt owed over an agreed period) and the involvement of the court to ratify it. The requirement for legally qualified advice and the involvement of the courts mean that these debt relief solutions are never free. In some circumstances they can be structured (in the UK) so that the fees are taken from the agreed monthly payments, meaning no up-front fees.

Bankruptcy

I’ll say it again, it seems very unfair that a debt relief solution that you would probably only select if you were in a financial crisis requires you to pay an up-front fee. Both in the US and the UK there are court fees to be paid to declare yourself bankrupt (in the US this applies to both Chapter 7 and Chapter 13 bankruptcy). The only hope of being able to declare yourself bankrupt if you cannot raise the court fees is to look for a local charity that will pay your bankruptcy costs. These do exist but you will probably need to do some local research to find them, and be prepared to justify why you need their help.

 



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cecilia holmes asked:


Are you finding yourself falling behind in your monthly credit card bills? Are you struggling to learn how to deal with debt collectors or how to consolidate credit card debt? Well, welcome to the club. Unfortunately, far too many Americans find themselves buried in excessive credit card debt, as well as other kinds of debt. Many times this is a result of uncontrolled spending and lack of discipline, but there are other cases which are difficult to prevent such as medical emergencies not covered by insurance.

In any case, if you find yourself unable to deal adequately with your current debt, you need to consider all of your options carefully together with a financial adviser and attorney. If your financial situation is so severe that you can’t afford either of these, you should at least read and learn as much as possible with articles like these and other resources. These should help you decide what the best course of action is in your specific circumstances, and you’ll learn things like how to declare yourself bankrupt as well as alternatives to bankruptcy.

If it looks like bankruptcy will be the best option for you, you’ll need to speak to a lawyer and get some good advice. For example, if you can’t see yourself paying off your bills within a few years even if you make some sacrifices in your budget, you need to look at bankruptcy as a serious option.

Getting a lawyer may sound like a significant expense, and it can be, but it is also a necessary one. The bankruptcy code can be pretty complex for a layperson to understand, and has only gotten got more difficult with the recent changes made by Congress. The good news is that if you are successful in wiping out your debts, this will make it more feasible for you to pay for legal fees in the future.

Also, as soon as you file a bankruptcy application, you receive what is called an automatic stay. This prevents your creditors from contacting you at all until your bankruptcy is resolved. This gives you some breathing room for you to get through the process. The new bankruptcy law requires that you take financial management classes, and it also has a more rigorous requirement when it comes to documenting your income and expenses.

Basically, you have to prove that you really can’t pay your bills with your current income. If your income is lower than the median income for your state, the process will be much easier for you because it’s obvious that you don’t have a lot of money.

You should also keep in mind that some kind of debts will not be eliminated by bankruptcy, and this includes (in most cases) federal income taxes and student loans. There are many more details that you should work out with your lawyer, but this should give you a basic understanding of the process.

Don’t let the fear of your debt take over your life. Get the facts about bankruptcy and learn how to get control of your debt. To learn more about how to declare yourself bankrupt visit us at http://personalbankruptcyquestions.org



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