When filing for bankruptcy, the bankruptcy court, and more particularly the appointed trustee, needs to know what assets you own and what their value are. This enables the trustee to place a value on the bankruptcy estate and to determine how to proceed with the bankruptcy petition. It is important to list every asset that [...]
There are a lot of debtors using services designed to bring all of their debts together into a single payment. The problem with these services is the cost – you are often extending the period of all monies owed, and paying a higher interest rate. Sure, the monthly payment plan is lower, but the final [...]
Mention the term bankruptcy and most people think it’s escape from debt responsibilities. This is not always the case. While most debtors do have some or all of their debt discharged (wiped) through bankruptcy, some debtors use the bankruptcy process to control their debt repayments and to pay off all of their debt. This is [...]
When a husband and wife are both working, credit can be easy to manage. However, if just one of that couple loses their job, that credit can suddenly get out of control. There are some bankruptcy proponents who suggest filing for bankruptcy as soon as you lose your job rather than waiting for your debt [...]
A Chapter 13 bankruptcy petition lasts for a minimum of three years (maximum five years) and given the turbulence we have seen in the economy in recent years, anything can happen in that three year period. The prime factor behind a Chapter 13 petition for bankruptcy is the payment plan that debtors enter in to. [...]
Being unemployed puts a severe strain on a family’s income. So much so that the majority of bankruptcy petitions are made under the protection of a Chapter 7. This liquidates any eligible assets then discharges any remaining eligible debt. What if you’re about to start work – can you still file for bankruptcy? The answer [...]
While bankruptcy for businesses is often thought of as a death knell for that business, it can often be the first step to that business’s survival. A Chapter 7 bankruptcy for business will result in the business’s closure and the sale of all assets. However, a Chapter 11 or Chapter 13 bankruptcy petition allows a [...]
If you watch TV or read newspapers, you’ll notice there has been an increase in the number of debt consolidation offers over the last five years. Debt consolidation offers those underwater in debt a way out by consolidating all debt into one monthly payment. There are several problems with debt consolidation, the first sticking point [...]
In simple terms, there are two types of bankruptcy that affect most people – a liquidation bankruptcy (or Chapter 7 bankruptcy) and a reorganization bankruptcy (or Chapter 11 and Chapter 13 Bankruptcy). The terms really are more appropriate to business bankruptcy, however, the terminology is also used for personal bankruptcy. In a way, the names [...]
There are times when the need for bankruptcy is such that filing for any Chapter is better than nothing at all. This is often the situation when a debtor requires the protection of the stay that comes into place once a bankruptcy petition has been filed. This prevents creditors from taking any further action and [...]
While bankruptcy provides a lot of protection for debtors, it provides very little protection for any co-signers, unless of course they file for bankruptcy as well. Under the provisions for a Chapter 7 bankruptcy, the automatic stay doesn’t even protect co-signers. A creditor is free to chase debts from that co-signer the moment a Chapter [...]
There is often an argument that those who have received a significant inheritance should not be in a position to require the protection of a bankruptcy petition. As we know, in life, not everything is black and white, and an inheritance is certainly not going to preclude you from filing for bankruptcy. However, inheritances themselves [...]
If you are facing financial difficulties, one of the most important tasks a debtor can do is to prioritize their debts. This means paying THE most important debts first, and allocating anything that is left to other debts. This is essentially what occurs in a Chapter 13 petition for bankruptcy. By prioritizing your debts, you [...]
There are many people who visit a bankruptcy lawyer looking to escape their financial difficulties only to find that bankruptcy may not resolve anything. If you have consumer debt that is not secured in any way, then bankruptcy will help. However, there are many debts that are not going to be discharged through bankruptcy and [...]
Bankruptcy law can be a strange beast at the best of times, especially when it includes terms such as ‘fair and reasonable’. What you would consider ‘fair’ the bankruptcy court may not – likewise with the term ‘reasonable’. To make matters worse, there is no consistency across the courts so a bankruptcy court in one [...]
Can you file for bankruptcy again if you find yourself in trouble once more? There is no limit to the number of times you can file for bankruptcy. However, there is a limit to the relief you may receive following second or subsequent bankruptcy filings. In some cases, you will gain no relief at all [...]
Sounds like an easy situation. You file for bankruptcy, your circumstances change so you ask the court to dismiss your petition so you can get on with your life. No problems, right? Wrong – it can create big problems depending on which Chapter you have filed under. Perhaps “big problems” is the wrong phrase, however, [...]
Filing for bankruptcy is meant to protect debtors who are struggling with too much debt by allowing them to discharge those debts and effectively start their lives all over. From some debtors, a home mortgage can be a huge burden that is made worse by the fact the home’s value is now much less than [...]
Bankruptcy laws are double edged – they are designed to protect creditors and debtors. Some experts claim that these laws lean to heavily towards debtors while others claim those same laws lean to much towards creditors. Either way, both groups have rights under bankruptcy laws, and those rights are strictly enforced by the bankruptcy court. [...]
A Chapter 7 bankruptcy is not as generous as a Chapter 13 when it comes to the range of debts that can be discharged. However, there are still a wide range of unsecured debts that can be discharged. One of the most common debts is that of credit cards, and they are typically the major [...]
When filing for a Chapter 13 bankruptcy, a debtor will typically include a repayment plan for a minimum of three years. Depending on the debtors income, that repayment plan could be extended to five years. One interesting question that was recently raised in a forum was whether or not a debtor could be discharged prior [...]
One of the problems associated with a Chapter 13 petition for bankruptcy is that of time. A petitioner must commit to a repayment plan that is scheduled for at least three years, and three years can be a long time when it comes to the world of finance – just look at our economy over [...]
Bankruptcy is an extremely convoluted act, so much so that some petitions are dismissed, or later reopened, simply because the petitioner failed to include child support or alimony payments received. For the purpose of bankruptcy, they are considered income. However, child support and alimony payments are treated differently in each of the available Chapters. Under [...]
While bankruptcy is considered to be a way out of serious indebtedness, it can also be used as a positive to regain control of your financial situation. In many cases, an individual is working following a period of unemployment. During their unemployed period, their debt arrears may have got out of control. This invariably leads [...]
Bankruptcy is a legal process designed to help debtors recover from too much debt. While the bankruptcy process is designed in such a way that any excess assets (including cash) is diverted to creditors, there is one area where bankrupts do get a special advantage. That area is related to retirement funds. If a bankrupt [...]
Bankruptcy is a useful tool that can help those in serious financial difficulty to clear many of their debts and then make a fresh start. There are several myths that surround bankruptcy, one of which is the thought that all debts are wiped away. This is far from truth in reality – in fact, for [...]
Bankruptcy – the word sends shudders down the spines of many people. It shouldn’t. While filing for bankruptcy may have had bad wraps on it in the past, the process itself is really fairly straightforward and for those sinking in debt, the relief can be felt from day one. One of the biggest problems that [...]
One of the biggest barriers to filing for bankruptcy for many people is doubt. There is a general feeling in the community that bankruptcy punishes the debtor and gives all the power to creditors. While the opposite is certainly not true, the bankruptcy acts have been framed to provide protection to both debtors and creditors. [...]
Our economy is such that creditors are generally not in a mood to wait for people’s circumstances to change, even if those circumstances are short-term. People are finding themselves in financial difficulties, often through no fault of their own. We live in an age of double incomes and these incomes can be affected by a [...]
Debts in a Chapter 13 bankruptcy are handled differently than a Chapter 7 bankruptcy. Under the Chapter 7 petition, a debtor’s non-exempt assets are seized and sold and the funds used to pay off creditors. Unsecured debts are then discharged (wiped away) and the debtor then discharged ready to rebuild their lives. Under a Chapter [...]
