Bankruptcy Questions Answered

bankruptcyflorida asked:

thedebtlawyers.com posted this video about bankruptcy in Florida. The comments made in this video apply only to Florida bankruptcy. We are not giving legal advice and you should only get advice in person from a Florida bankruptcy attorney. Many people ask if they will ever be able to own anything again after filing for a Florida bankruptcy and this is not a problem. The bankruptcy laws are designed to give you a fresh start.

DuncanLawOnline asked:

www.DuncanLawOnline.com Duncan Law, PLLC is a family run bankruptcy law firm located in Greensboro, NC and Charlotte, NC. We understand that all too often bad things happen to good people. We work closely with our clients to help them obtain a financial fresh start by the use of federal bankruptcy laws. Visit our website or call us today to set up a FREE, no strings attached consultation to see how we may be able to help you. We look forward to seeing you soon.

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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Mike Freemen asked:


While no one likes to think about the subject of bankruptcy, the fact is that more and more people these days are finding themselves contemplating filing bankruptcy. It is not hard to understand why bankruptcy filings are on the rise. The levels of debt are rising faster than are incomes, and more and more people are finding themselves at a loss and wondering what to do.

While bankruptcy can seem like the best way to get off to a clean start, it is important to thoroughly consider all other options before taking the serious step of filing bankruptcy. For one thing, a bankruptcy filing will follow you for years, and it may be difficult for those who have filed bankruptcy to obtain loans, lines of credit or mortgages until the bankruptcy is off their record.

Another reason to seriously consider alternatives to bankruptcy is the fact that the bankruptcy laws have recently changed. The bankruptcy filing system, and the rules associated with filing bankruptcy, have recently undergone a total overhaul, and this means that many debtors will be required to pay back a larger percentage of what they owe when filing bankruptcy.

The rules associated with bankruptcy are largely determined by the annual income of the bankruptcy filer. Those debtors whose incomes are higher than the average for their state may find themselves required to pay back more of the money they owe in a bankruptcy filing, so it is important for those in such a situation to consult with a qualified bankruptcy attorney before making a move.

Of course for many people filing bankruptcy is unavoidable, and for many people this last resort is truly a fresh start and a new lease on life. The key is to thoroughly research the bankruptcy laws for your state, and to thoroughly understand the rules that may apply to your situation. The bankruptcy laws vary quite a bit from state to state. In some states bankruptcy filers can keep a great deal of personal property and real estate, while in other states they are entitled to keep next to nothing. It is important to know where you stand before filing bankruptcy.

The purpose of these new bankruptcy laws, of course, is to cut down on past abuses of the system, and there is no doubt that these abuses have occurred from time to time. For honest people in debt, however, these laws may have some serious impacts. It is important for every consumer to become educated in just what these law changes will ultimately mean.



Bankruptcy Questions

Legal Helpers asked:


A New Beginning With Bankruptcy - Chapter 7 Bankruptcy

No one ever expects it to happen but everything get out of control and you are in debt far over your income. No one wants to think about filing bankruptcy but sometimes you just don’t have a choice. Chapter 7 bankruptcy allows you to emerge from a difficult experience and start all over. Chapter 7 bankruptcy is when a debtor’s assets are sold and the money is distributed to his creditors. If a debtor has no assets, his fresh start is achieved that much quicker.

Chapter 7 is the most common style of bankruptcy. This type of filing is most common, claiming about 65% of all bankruptcy filings. As long as the creditors have no objections, the debtor can be free of debt within a few months.

A debtor will not lose their house or car if they agree to continue to pay for these items. Many people are unfamiliar with this information and won’t even check into Chapter 7 bankruptcy. The only drawback to Chapter 7 is that you are unable to file bankruptcy within six years after a previous bankruptcy discharge.

How do you file a Chapter 7 bankruptcy claim? The easiest answer to this is to contact a bankruptcy attorney. There are forms to be completed and filed with the court system. An attorney will lead you through this procedure. It is very important to answer all questions truthfully.

No one ever thinks they could possibly have to file bankruptcy. It is comforting to know that if things get bad enough you do have an option. It is also reassuring to know that you don’t have to lose your house or car when trying to make a new beginning.

A Way To Ease The Pain - Chapter 13 Bankruptcy

The debts have been mounting up and you are getting farther and farther behind in paying them. You want to pay them but you are not sure exactly how to get that done. Chapter 13 of the bankruptcy code allows you to do exactly that. You can pay your bills back at a lower interest rate or no interest rate at all. A Chapter 13 bankruptcy allows you to keep your assets. This type of bankruptcy is for those who have a regular income and can afford request an adjustment. Chapter 13 bankruptcy gives you five years to repay your debts. During these five years, an attorney will oversee the process for both you and the courts.

A Chapter 13 bankruptcy allows the debtor to keep their property. The courts will set them up on an interest free plan of repayment. There will be a written plan drawn up to protect both the debtor and those that he owes. Once this plan has been written and approved the repayment process must begin in thirty to four-five days. The repayment plan does not have to involve a trustee, but could if desired. The creditors are bound by law to adhere to this plan and are unable to collect any other claims from the debtor. You will work with your attorney to set up a reasonable repayment plan for you.

Chapter 13 bankruptcy has a full discharge option when the debtor has completed all the required payments. This type of bankruptcy plan also allows for a repayment plan even if the creditors disagree with it. They do have the option to file an objection, but if it has been approved by the court these circumstances don’t allow them a lot of options. If you want to repay your debts but at a slower rate this is probably the way you want to go. You get out of debt and get to keep all your property.



Bankruptcy Questions

Resolve Legal asked:


Like many people, you may be reluctant to file for bankruptcy even though a Washington bankruptcy lawyer has advised you that bankruptcy is the best – maybe the only — solution to your financial problems. Your resistance is understandable.

You may feel embarrassed – you should be in control of your finances, but you’re not. And there’s a certain stigma attached to bankruptcy, whether you go through the process yourself or are represented by a Washington bankruptcy lawyer. The filing is a public admission that you are unable to pay your debts. Bankruptcy also carries with it several unpleasant consequences, including the following:

• For 10 years, the bankruptcy will be reflected on your credit report (and there’s nothing a Washington bankruptcy lawyer can do to change that).

• You can obtain credit after bankruptcy, but it will cost you more.

• Though it’s highly unlikely you’ll be fired from a job because you declare bankruptcy, there are some jobs and licenses you can’t obtain because of bankruptcy. For example, some professions – stock broker is one — don’t allow a bankrupt to be employed in certain positions. These positions usually involve trust and money. (If you’re considering bankruptcy, a Washington bankruptcy lawyer can advise you about bankruptcy’s impact on your employment.)

• There are restrictions on how soon you can re-file for bankruptcy. For example, if you file under Chapter 7, you can’t file again under that chapter for eight years. (A Washington bankruptcy lawyer can explain these timelines to you.).

• Bankruptcy is listed in the top five life-altering negative events, along with divorce, severe illness, disability and loss of a loved one.

While these consequences are unpleasant, there’s another side to bankruptcy, as a Washington bankruptcy lawyer can explain to you. The right to file for bankruptcy is in the U.S. Constitution. Underlying this right is the idea that those in financial trouble deserve the chance for a fresh start. As every Washington bankruptcy lawyer is aware, some people abuse the bankruptcy system. However, the vast majority of people, whether they represent themselves or hire a Washington bankruptcy lawyer, have a legitimate reason for choosing bankruptcy. And often, as every Washington bankruptcy lawyer knows, those reasons are divorce and medical expenses.

It often helps to discuss feelings about bankruptcy with a Washington bankruptcy lawyer. The bottom line is that you shouldn’t feel bad about filing for bankruptcy. It’s your right. Filing lets you take control of your financial life. Filing makes you feel better about your situation. Filing amounts to a commitment to fix the problem and start fresh. At Resolve Legal, we can help you assess whether bankruptcy is right for you. Find out how, and get started on the road to financial recovery.



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Devora Witts asked:


Filing for bankruptcy can be a very stressful process. Not only does it mean that you are up to your neck deep in debt, but also that you have no means of repaying it, at least any time soon. After the bankruptcy is discharged, you will be debt free, but it will have left a huge stain on your credit report that will stay there for at least 10 years. It does not sound good, now does it?

The main concern people have after going through bankruptcy is whether they will be able to get finance in the near future or not. This is not an easy question at all, as some other things have to be taken into consideration, such as monthly income, possession of assets to pledge as security, etc. As a general rule, it will be hard to obtain finance after bankruptcy, but it is completely feasible. There are no reasons to believe you will not be eligible for a loan.

When It Comes To Mortgage Loans…

You are thinking of buying a property, a home of your own. It does sound wonderful, you cannot wait to be able to see your kids running around the spacious back yard after a succulent barbecue. But there is only one issue… your bankruptcy file has just been discharged. As unlikely as this will appear, you will still be able to obtain the finance you need provided that you meet some requirements.

Mortgage Loan After Bankruptcy Requirements For Approval

This is no exact science, some lender might or might not follow the same rules. I will mention here the most common qualification requirements for anyone who is thinking of applying for a mortgage loan after going through bankruptcy.

1) A couple of years of good credit history.

This is not a must, but some lenders might feel more reassured and more willing to finance your dream if they see that after filing, you began making timely payments on all your bills. This will certainly prove that you have left behind the rough patch that led to you filing for bankruptcy and are ready for a new and fresh start.

2) A steady job and salary.

This is definitely the most important of requirements and the only one which is also a must. The other ones might be negotiable, but not this one. It shows the lender that you have high repyment capabilities, which is essential as this is a high-risk lending procedure.

3) Down Payment.

Most lenders, if not all, require a down payment, at least a small one. Not many lenders are willing to provide 100% finance on a property, but if you are lucky you might be able to find one who will. It is a matter of thorough research and tons of patience, but if your dream house is your ultimate goal, I am sure you are going to do everything in your power to get a good deal on the mortgage loan.

It is not impossible to get a mortgage loan after going through bankruptcy, you just need to let some healing time go by, one year in the least. I hope you all the best, and may you find the right lender and the perfect home loan.



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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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