Bankruptcy Questions Answered

TruthaboutBankruptcy asked:

Although the bankruptcy law allows debtors to represent themselves in bankruptcy court, the bankruptcy law is complex and requires a thorough knowledge of the bankruptcy laws to be successful. Filing a successful bankruptcy case requires the debtor to consider, 1) whether or not they should file; 2) what type of bankruptcy they should file and 3) what exemptions should they claim. A debtor also needs to consider their family situation, their income, their financial obligations, their assets and many other factors to file a successful bankruptcy. A competent bankruptcy attorney can help a debtor navigate the bankruptcy process. Some debtors chose to use a petition filing service because it costs less money; but legally these companies cannot offer legal advice or represent your in court. There are some low-cost and free legal services available depending on your income. Visit your state’s bar association website for more information. You may also find information on free or low-cost legal service at the American Bar Association website.

SlavaTenenbaum asked:

Bankruptcy - We Can Help | Slava Aaron Tenenbaum, Chartered | LAW OFFICES | Chicago Metropolitan Area, Illinois, USA | We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code | Bankruptcy, Bankruptcy Help, Bankruptcy Code, Bankruptcy Discharge, Debtors,…

PublicResourceOrg asked:

Federal Judicial Center Implementing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005: Impact on the Clerks’ and Bankryptcy Administrators’ Offices AVA21533VNB1, 4773-V/05, Jne 9, 2005 On April 20, the President signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The Act makes substantial changes to Title 11 of the US Code and the bankruptcy system nationally, and represents the first major overhaul of the nations bankruptcy laws in 27 years. Most of the Acts provisions take effect 180 days after its passage. This program summarizes the major changes and examines their impact on the workload and services provided by clerks and bankruptcy administrator offices as well as the US Trustee. Program faculty identify which changes required by the Act will be implemented nationally (CM/ECF and interim forms), which will require local initiatives (collecting and keeping secure debtors’ current and prior tax year returns and certification of debtor counseling), and which processes will be automated. Additional topics include instituting a means test, an in forma pauperis (IFP) filing category, providing an explanation of counseling requirements and maintaining info on credit counseling organizations, dealing with potential increased filings, modifications of local rules and notices, and training of staff. The program also analyzes actions taken by the Bankruptcy Rules Committee in response to the Act.

Todd Osbourne asked:


orians credit the Romans with first documenting the phenomenon of “bankruptcy” to describe a merchant or tradesman who had his board broken when he couldn’t pay his creditors back. And the US hasn’t had debtors prisons since the 19th century. But, people still file for bankruptcy everyday- even in 2008.

If you’ve read any of the personal finance books released during the last few years, like “Maxed Out” by James D. Scurlock, you’ve probably read that many people’s debt loads have increased substantially during the last few years. And if you take a quick glance at any popular newspaper today, you may find stories documenting the rise in personal debt levels in the U.S. With record home ownership rates and, up until recently, new cars seemingly everywhere you look, it’s not surprising to read that some household’s non mortgage debt levels now exceed $100,000.

In the U.S., some consumers start considering their bankruptcy options when it doesn’t look like paying back their debts will be realistic and they need a fresh start to deal with their financial predicaments. These consumers are most likely thinking of filing for Chapter 7 bankruptcy. Chapter 7 bankruptcy is sometimes referred to as “regular” or “ordinary” bankruptcy. People who file for Chapter 7 bankruptcy can occasionally discharge some of their debts when the process completes. This is in comparison to Chapter 13 bankruptcies in which the focus is more on having debtors design debt repayment plans. Most bankruptcies filed in 2008 are still Chapter 7, AKA “regular,” bankruptcies.

Some consumers file for bankruptcy protection in the hopes of stopping harassing phone calls & collection efforts from creditors. Consumers look forward to cleaning up their debts and starting over. However, people who file for bankruptcy can find that their credit scores have been affected by the bankruptcy.

It may be difficult to quickly rebuild their credit scores again.

In fact, some banks specialize in credit cards for people who have prior bankruptcies on their records. What sort of terms they offer can vary tremendously. However, some people with bankruptcies on their records may be able to rebuild their scores back to the point where they can start qualifying for regular credit cards again.

Online, there seems to be a lot of people looking for bankruptcy & debt related information. People seem to search for bankruptcy related terms thousands of times each day. According my keyword research, people seem to search for the specific term “debt consolidation” more than 3000 times daily. And “chapter 7 bankruptcy” gets more than 400 searches in Google alone every day. That is a fairly exact term to receive that many searches everyday!

In fact, some bankruptcy professionals have seen large increases in their businesses recently. This uptake in business is reflected in the latest stats that show bankruptcy filings increasing by more than 30% in some states from the first half of 2007 to the first half of 2008.

Overall, filing for bankruptcy is a decision that is up individual debtors. Is it right for everyone? Probably not. But bankruptcy is an option that more consumers seem to be considering today…



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Jo Ann LeQuang asked:


a great deal of misinformation online about debt and debt solutions. It’s not so much deliberate falsification as a blurring of terminology. This may sound pretty academicafter all, who cares how terms like debt consolidation or debt settlement or debt negotiation are defined if they all get me the desired result?

The fact is that you need to know all about these things in order to choose the right option for your situation. Picking the wrong one can cost you money (the last thing you need right now), hurt your credit, and keep you stuck in debt. Picking the right one can get you out of debt.

Let’s start with the one not on the list: bankruptcy. Believe it or not, Americans have a Constitutional right to go bankrupt.

Bankruptcy is a legal proceeding. You can’t declare bankruptcy in the U.S. without getting a lawyer and judge involved. The proceeding becomes part of public record. Bankruptcy is extremely intrusive in that outsiders will now determine how your money will be divided up to pay off debt and what you must sell.

Bankruptcy offers an advantage many debtors really love. A court has the power to issue “bankruptcy protection.” You may be allowed to write off certain debts. That means some debts just go away; you are no longer obligated to pay them. Furthermore, once you have “bankruptcy protection,” bill collectors can no longer pursue you for those debts.

The problem with bankruptcy is that it all but ruins your credit. It stays on your credit report for seven years, and it has a way of cropping up even after that. It makes it very tough to get new loans or buy a house. The loans you will be able to get will be at very high rates of interest because you’ve suddenly become a high-risk borrower.

Bankruptcy will turn your life upside down. If you have secured loans (like car notes or loans to buy electronic equipment), those things can be repossessed. The court may seize or order you to sell certain assets and take the money to pay off other debts. You will be required to go to classes to learn to manage money better, sort of like financial rehab.

While bankruptcy does have its place, it is definitely the “last resort.”

Debt settlement and debt negotiation mean roughly the same thing: you or somebody representing you sits down and talks to your creditors to work out a solution.

The principle is that you work out (negotiate) a way to end (settle) your debt. You may be able to get the interest rate reduced or the terms of payment changed (such as getting a couple of months off or extending the terms of the loan). Sometimes you negotiate to try to get the balance reduced. As an example, assume you owe $10,000. You would negotiate with your creditor to try to get him to accept less, say $5,000, and mark the debt paid in full.

Why would anyone do that? The main reason a creditor will negotiate a debt is that they suspect you are flirting with bankruptcy and they are fearful that if you go bankrupt, they won’t get anything. From their viewpoint, $5,000 may be better than nothing.

Debt settlement and negotiation plans will almost assuredly make it all but impossible to get future loans at reasonable interest (if at all).

A debt management plan (DMP) is a formal plan where you hand your problem off to a company which then negotiates your debt. You make one monthly payment to the DMP and they handle your problem.

While there are legitimate DMP programs out there, these are very treacherous waters. Do your homework and check with the Better Business Bureau as well as a certified credit counselor (nfcc.org) and maybe your bank or credit union. There are programs out there that are outright frauds and a few that are not dishonest but not exactly advantageous to the customer.

The last approach is something called debt consolidation. Ironically, many debt settlement, debt management plans, and debt negotiation companies will call their programs “debt consolidation.” That is not inaccurate, but it’s a bit misleading.

Debt consolidation simply means lumping all your debts together. In one way, that is what all debt plans do at first, whether it’s bankruptcy, a DMP, or some other program.

But pure debt consolidation involves lumping your debts together and then taking out one big loan to pay them off.

Why would anyone do that?

If you have a lot of high-interest loans, you may be able to take out lower-interest loans to pay them off. For instance, if you owe $10,000 at 22% on a credit card and you can borrow $10,000 at 10% from your bank, you would be smart to borrow $10,000 at 10% and pay off the credit card. You still owe $10,000, but you owe it at less than half the interest rate. If you keep making the same payments, you’ll pay the debt off much sooner.

If you own a house and can refinance it or get a home equity loan or second mortgage, you can use that to consolidate your debt. Let’s say all of your debts together came to $100,000 and you owed them at varying interest rates from 22% down to 10%. If you own a house and take out a second mortgage (or use another refinancing option), you can borrow $100,000 and pay off all of your debt. You can structure this second mortgage as a 30-year loan and probably get it at 7% or even lower. Now your monthly payment is significantly lower and your many loans are paid off.

Debt consolidation offers a lot of advantages. (That’s why so many programs like to call themselves debt consolidation!)

It is the only debt solution that can actually help your credit score (your credit score goes up whenever you pay off loans in full). If you are willing to take the time to learn a few things, you can do it yourself (no fees or other people to pay). It’s not intrusive; in fact, if done properly, no one would ever guess you did it. Even if your bank or a lender figured it outthey would probably think you’re smart to handle your debt that way.

If you can figure out how to do a pure debt consolidation on your own, you don’t need to bother with hiring a company (or a lawyer), entering financial rehab, or paying off agents to “manage” your money.

In the interest of fair disclosure, however, it must be stated that debt consolidation in its pure form will not work for everyone. Some people will not qualify for it. There are others who might indeed qualify for debt consolidation, but will find another plan is more to their advantage. It’s important to learn what you can to find out if debt consolidation is right for you.



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Dean Shainin asked:


A law that provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors is called Bankruptcy. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts.

The new bankruptcy law is now in effect, the landscape has changed for those who are considering bankruptcy. All debtors will have to get credit counseling before they can file a bankruptcy case and additional counseling on budgeting and debt management before their debts can be wiped out.

What is Chapter 7 of the Bankruptcy Law?

The most frequently used bankruptcy law is the Chapter 7, often called the Liquidation Bankruptcy. It involves the complete liquidation of a debtor’s property, with the proceeds used to pay off the debts. Someone who considers bankruptcy is unaware of the nuances of bankruptcy or certain creditors’ rights in bankruptcy. Be familiar with all the applications for filing.

6 Basic Procedures Involved in Filing for a Chapter 7 Bankruptcy

1. The clerk of court will give notice of the bankruptcy to your creditors.

2. Meeting of creditors will be held to question you about your debts and ability to pay. Other creditors and the trustee may question you.

3. A creditor of the trustee assigned to your case may object to your listed exemptions within 30 days after the meeting of creditors.

4. After the first date is set for the meeting of creditors, a creditor must file a proof of claim within 90 days.

5. A creditor may object to the discharge ability of a particular debt at any time if the debt if it is not listed in the schedules so that a creditor could file a proof of claim.

6. The best thing to do is to consult bankruptcy experts such as bankruptcy attorneys and lawyers to guide you properly. Filing for bankruptcy involves a lot of procedures. Be sure to do the proper procedures to make your bankruptcy filing go smoothly.

4 Tips in Looking for an Effective Bankruptcy Lawyer

1. A bankruptcy lawyer should be specialized, well-trained and experienced in bankruptcy or does a large part of his or her practice in the field. Look for a certified specialist or a lawyer with significant experience in bankruptcy.

2. A bankruptcy lawyer will be committed to getting you debt relief and providing you with valuable information, services and advice to get you a better financial future. They may also give you advices on where it is better to file a bankruptcy.

3. Your lawyer can also stop your creditors from harassing you, immediately once you retain a lawyer to file your bankruptcy, they will start taking your creditor’s calls or in any conversation that they may need to intervene in on your behalf.

4. You should also take advantages on your lawyer’s expertise. Read carefully the representation agreement, the draft schedules, the court notices and communications from your lawyer.

Take responsibility for your case. Your lawyer can file a bankruptcy with you, but not for you.



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Tomas Loden asked:


If you are considering filing for personal bankruptcy, Here are some of the myths and facts about it.

1)Will Bankruptcy Stop Foreclosure On My Home? If your home is in foreclosure, Chapter 13 Bankruptcy will stop the foreclosure at any time prior to the sale. Note; bankruptcy does not eliminate mortgages on your property.

2) Credit after bankruptcy. Some banks offer credit to “potentially” risky customers. The debtor puts up a small amount of money in order to secure payment in the future. Once the debtor proves his ability to pay, his credit limits are raised. In recent years, creditors have looked more to a debtors stability, as opposed to the fact you filed for bankruptcy. Call you bank now and tell them about your situation, help can be closer thn you think.

2) Filing bankruptcy with a bankrupct expert lawyer is often the best option. If you are facing financial problems and you are seriously considering filing for personal bankruptcy, you should speak to a bankruptcy expert lawyer. Bankruptcy can be a very difficult, complex and very complicated legal process, so it is very important to seek an experienced and skilled bankruptcy lawyer. Filing for bankruptcy is a complex and time consuming process that can leave you overwhelmed. Look online and dp some research, ut can save you time andlots of money.

3) You can not file for Personal Bankruptcy… Or? The truth is that anyone can today file a personal bankruptcy. You will have no difficulties at all. Changes made by the US Congress in early 2005 allow any debtor to file for personal bankruptcy. Bankruptcy is also now governed by state laws. The laws differ from state to state, with mounds of legal paperwork to complete, so be sure that the lawyer you select is an expert in this field. take your time and do your research, again this can save you lots of time and money.

4) Individuals wishing to file bankruptcy under Chapter 7 or Chapter 13 must show proof of income by providing federal tax returns from the last tax year. If an applicant is ineligible for filing under Chapter 7, he or she must file under Chapter 13 instead. Ask ae bankruptcy expert about this..

5) One of the most confusing parts of the new bankruptcy law is the bankruptcy means test. With the new bankruptcy laws in effect, debtors have to first pass a 2 part “means” test before filing for Chapter 7.

The actual test is alot like doing your taxes. The means test revolves around the median state income for the state in which the debtor will file bankruptcy. Under the “Means Test”, any creditor, trustee or judge will look at your monthly income, minus certain living expenses like food and rent. Your Chapter 7 bankruptcy will likely be successful if you are unable to pay at least $6,000 or $500 per month over the next 5 years.



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Dean Shainin asked:


The 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 the bankruptcy through out the United States. States may not regulate bankruptcy though they may pass the laws that govern other aspects of the debtor-creditor relationship. A number of the sections of the Title 11 incorporate the debtor - creditor law of the individual.

Bankruptcy allows a debtor, who is unable to pay his creditors to resolve his debts through the division of his assets among his creditors. The debtor is forced to resolve his debts through the division of his assets to his creditors.

This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An extra purpose of bankruptcy law is to allow certain debtors to free themselves of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full.

A United States Bankruptcy court supervised bankruptcy proceedings and is where bankruptcy is litigated. These are parts of District Courts of the United States. The congress has established The United States Trustees to handle many of the supervisory and administrative duties of the bankruptcy proceedings. Proceedings in bankruptcy courts are governed by the Bankruptcy Rules which were promulgated by the Supreme Court under the authority of Congress.

There are two types of Bankruptcy proceedings.

* Chapter 7 is called liquidation. 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. The debtor turns over all non-exempt property or assets to the bankruptcy trustee who then converts it to cash for distribution among the creditors. At the end of the proceeding the debtor receives a discharge of indebtedness or the discharge notice, for all dischargeable debts, releasing him or her from personal liability for those debts.

* Chapters 11, 12, 13, involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off the creditors. Chapter 11 is reorganization. In this chapter the debtors are allowed to continue its operations while paying their debts. In chapter 13, the lawyer and the debtor propose a plan to repay debts over a period of time up to three years.

A trustee is appointed to supervise the assets of the debtor. 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 property declared as a part of the state can not be transferred by the debtor to his property. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code also establish the priority of creditors’ interests.

The latest bankruptcy law is in effect. The landscape has changed for those who are considering bankruptcy. Before the debtor can file a bankruptcy case, they should undergo credit counselling, budgeting and debt managements before the debt is wiped out. Chapter 7 is not allowed to be used by a filer with a higher income, but instead they will be paying the sum of their debt under chapter 13. It will be tougher to find an attorney to represent you in a bankruptcy case because the law imposes new requirements to the lawyers.



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Tara Mathews asked:


Bankruptcy marketing gathers information for lenders about those who have filed for bankruptcy. Bankruptcy is a process to relieve an individual or business of the legal responsibility for paying its creditors. Debtors who file for bankruptcy cannot file again for at least six years. Once their debts are discharged by the courts, they owe little or no debt, but their financial options are limited. Having a claim for bankruptcy on file prevents them from buying on credit for a long time.

Traditional financial institutions such as mortgage lenders, automobile dealerships and credit card companies usually require a credit history before extending credit. Those who have filed for bankruptcy are not considered a good risk. Therefore, these debtors need to connect with businesses who offer non-traditional forms of financial assistance. Bankruptcy marketing provides a venue for that connection to be formed.

Through bankruptcy marketing, non-traditional lenders can pinpoint potential customers for their services. Information on bankruptcy claims is a matter of public record and includes many data. In addition to the basics of name and address, the claim contains specific financial statistics such as income, amount of lien, type of bankruptcy, and status of the claim. This data can be compiled and sorted by any number of factors, but is most often categorized by filing status (filed, dismissed, discharged) and type of bankruptcy.

Bankruptcy can be filed under six different types called chapters. Chapter 7 and 13 are most common filing types for individuals. Businesses normally file under Chapter 11. Because the filings are different, the bankruptcy-marketing plan is different, too.

Chapter 7, for instance, involves liquidation of all assets to pay creditors. Chapter 13 involves retention of some assets and designation of future income to pay creditors, usually over a period of three to five years. Debt consolidation companies and credit reorganizers would more likely target those filing Chapter 13. Companies that provide methods to establish new credit would target their bankruptcy-marketing plan to those filing under Chapter 7.

The database of bankruptcy claims is nationwide and can contain over a million filings for just one calendar year. Gathering this information is time-consuming. Many businesses, therefore, hire marketing firms to provide leads for their bankruptcy marketing. Compilation of data can be customized for each lender, by filing status, bankruptcy type, income, discharge date or location. Customization also determines how often data is generated, and the extent of information included.

Companies who provide bankruptcy-marketing services do so by gathering data from courthouses across the United States, utilizing state of the art technology. Data is updated regularly, often daily, and is validated and verified for accuracy before being customized for the lenders. Adding verified current phone numbers is another service available to lenders, in the event that lender wants to incorporate telemarketing into its bankruptcy marketing strategy. The data from the public records can be merged with the lender’s own business information, too. Bottom line: Bankruptcy marketing, however customized, is a powerful tool for the non-traditional lender. Take advantage of this unique concept in marketing today and increase your business exponentially.



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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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