Is Chapter 13 Or Chapter 7 The Best Bankruptcy Option?

Chap 13 gives men and women a number of advantages over liquidation under Chap 7. Perhaps most notably, bankruptcy filed under chapter 13 presents consumers a chance to preserve their homes from foreclosure. By filing under this chapter, men and women can avoid foreclosure proceedings and may fix delinquent mortgage payments over time.

However, they must still make all mortgage payments that come due during the chapter 13 plan on time. An additional plus of bankruptcy filed under chapter 13 is that it allows consumers to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 bankruptcy plan. Doing this may lower the payments.

CH 13 also has a unique provision that safeguards third parties who are liable to the debtor on “consumer debts.” This provision may shield co-signers. Last but not least, chapter 13 bankruptcy acts like a consolidation loan under which the individual makes the plan payments to a ch 13 trustee who then directs payments to creditors. People will have no one on one contact with creditors while under chap 13 protection.

Almost any person, even if self-employed or operating an unincorporated business, is a candidate for chap 13 help as long as the person’s unsecured debts are less than $360,475 and secured debts are less than $1,081,400. These amounts are modified regularly to reflect changes in the consumer price index. A corporation or partnership may not be a chap 13 debtor.

A person is not able to file under chapter 13 or any other chapter if, during the previous 180 days, a previous bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or conform with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover assets upon which they hold liens. Moreover, no individual can be a debtor under bankruptcy filed under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an authorized credit counseling agency either in an individual or group briefing. There are exceptions in emergency conditions or where the U.S. trustee (or bankruptcy administrator) has established that there are insufficient approved agencies to offer the required counseling. If a debt management plan is produced while in necessary credit counseling, it has to be filed with the court.

An experienced MA debt lawyer can provide you with which options are right for you.

Restoring Credit Rating Post Bankruptcy

The fact is, after bankruptcy life changes, and if you want to restore your financial position, there are certain strategies one can use to improve one’s credit rating, but these are greatly helped by including them as part of an overall strategy prior to filing chapter 7 bankruptcy.

Tip 1. Your Accounts.

It’s important that you understand how your credit score is compiled. It is not just a single agency that gives the rating, but data that the agency receives about your credit position from your creditors. This is analyzed and your score worked out.

If you can persuade your creditors, and it doesn’t have to be all of them, to stop reporting your credit score with them to the credit agencies, which is perfectly legal, this will have a beneficial effect on your credit rating.

Tip 2. Credit Cards.

You may be surprised to know that credit cards, used properly and paying the balance off each month can help improve your credit rating, because the powers that be see you acting responsibly. So, even if you have vowed never to use one again, it is in fact a good idea to try and get a credit card after bankruptcy.

Tip 3. Secured Credit Cards.

A secured credit card works just like a normal credit card, but you credit limit is part of the price of the card. Rather than have a card that comes with an agreed limit, you pay your credit as a cash deposit with the card issuer. You may then go out and spend on the card up to the amount you have deposited.

Cash spending is not seen by the credit agencies. Credit card spending is, and if you pay the balance every month this will be seen as responsible spending, and your credit rating will improve. In addition, there is no danger of getting into credit card debt again as the maximum limit is covered by your deposit.

A word of caution, some less reputable card issuers are not registered with the credit agencies, making any card they give you useless in your quest to increase your credit score. Always ensure that any issuer you go with is registered ar the credit bureaux.

Tip 4. Get Included on a Friend’s Credit Card.

If you can persuade a relative or friend (with a good credit record) to add your name to their card, you will benefit from their history and this will improve your rating. The other person’s rating is not affected by your bankruptcy and you do not even have to use the card, it can be totally passive.

Be careful however, because if the other person experiences financial difficulty, then this will have a detrimental effect on your rating, but as long as that does not happen, you will see an improvement in your credit rating.

For a good number folk however, harsh economic events have conspired to make managing their debts impossible, and has left them wondering how to claim bankruptcy. If you are in that situation and need more free advice, visit www.howtoclaimbankruptcy.net.

Bankruptcy – How Does The Trustee Work?

To assure you receive an ‘automatic stay’, which is granted to you by law, you should file for your bankruptcy under Chapter 7, and meet with all legal requirements and charges. Only then, will you be able to stop overall collection actions on your properties. No creditors can initiate or continue lawsuits, wage garnishments or request payments by phone, providing the stay is valid.

Some people prefer not to file for bankruptcy because there might be too many risk factors involved for them or their family. In case of such situations, a lawyer assists clients to deal with creditors, negotiate a debt settlement and arrange refinancing. A bankruptcy lawyer must have the knowledge and legal expertise of the new bankruptcy law that went into effect on October 17, 2005 and how it will affect debtor’s rights, Chapter 7 filing and Chapter 13 filing.

The Chapter 13 bankruptcy or wage earner policy includes the debtor to reimburse a minimum portion of the debts with the up to date earnings to completely cure the existing debts.

Chapter 13 bankruptcy forums have several subsections that cope with the various issues related to Chapter 13 bankruptcy. They have comments and notes provided by others who have gone through the same process.

Bankruptcy is a federal statutory law, created to remedy the need for a basic structure of laws that cover the area of bankruptcy throughout the United States. All bankruptcy cases are under taken by the United States bankruptcy courts, which is a branch of the district courts system.

It is important that people know there are other methods for debt solvency and that bankruptcy is not just an easy exit from debt pay off. You may not be ridding yourself of your creditors that easily, it is up to the bankruptcy court to take all possible measures to make sure the debt are paid back. You’ll have to sell out your assets and property in order to confirm payment.

So here is chance to get your free tips on auto refinance loans

Consumer Bankruptcy Fundamentals

It might be quite tough for somebody that has been enduring personal debt and past due bills to reach the realization that they might be in a financial condition which will not likely simply resolve itself. Despite the fact that this kind of problem can seem virtually hopeless, there is a way out that the legal system can provide to help people get out from underneath the encumbrances of overwhelming unpaid debt. Within my Chicago bankruptcy practice, I help individuals to find out whether or not the decision to seek bankruptcy relief is appropriate with respect to their unique problems.

Some individuals think that changes to the bankruptcy law that were handed down in the year 2005 have made it almost impossible for individuals to meet the criteria for debt elimination with the aid of consumer bankruptcy. Even though the 2005 law, the Bankruptcy Abuse Prevention and Consumer Protection Act, or BAPCPA, has made it more difficult, the reality is that most consumers who need to file for consumer bankruptcy can continue to do so.

So just what is bankruptcy? Fundamentally, bankruptcy can be described as a legal proceeding that enables folks with more debt than they can pay to start over – financially speaking. This is why bankruptcy is also called a “fresh financial start.” Once you file for bankruptcy, collectors must immediately stop attempting to recover the debt that you owe. Based on the chapter somebody files under, the majority of unsecured debt can be cleared – doing away with the obligation to pay them. Unsecured debts are those without collateral, including credit cards. Secured debts, which include car loans and home mortgages, must be repaid if the debtor desires to maintain the property. However, should they be behind on installment payments, filing for bankruptcy will be able to stop a repossession or foreclosure by allowing for the past due sum to be repaid over time as the regular payments continue.

Though there are various local rules and state laws that come into play in bankruptcy proceedings, the main source of bankruptcy law is Title 11 of the U.S. Code. Since bankruptcy is federal law, bankruptcy cases are filed in the federal court for the district where the debtor resides. By way of example, since I am a Chicago bankruptcy lawyer serving Chicago area residents, my clients’ cases are filed in the United States Bankruptcy Court for the Northern District of Illinois.

You will discover 4 different varieties of bankruptcy cases under Title 11: Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Of those 4, Chapter 7 and Chapter 13 are the most typical and most useful to individuals. Chapter 7 is known as straight bankruptcy or a liquidation and requires people to give up property to repay their creditors. Due to the many state and federal exemptions that safeguard certain property from liquidation, most people who declare Chapter 7 bankruptcy don’t lose any property whatsoever.

Chapter 13 is known as a reorganization. Chapter 13 permits families to pay back all or some portion of their debt over time by means of future earnings. No property is liquidated under a Chapter 13.

Even though this brief summary offers a simple overview, it’s not legal advice. Bankruptcy law is complicated and consumers contemplating bankruptcy ought to speak with an attorney in their jurisdiction. Should you live in Illinois and therefore are seeking a Chicago Bankruptcy Attorney, please consider The Law Office of John C. Kunes, P.C.

Visit Chicago Bankruptcy Lawyer John Kunes’s blog to get the facts you need to know to determine if consumer bankruptcy might be a good solution for you.

Stop Drowning in Debt

The Congress of the United States established the bankruptcy system specifically so that a person who is financially in debt can get a fresh financial start. Good people, with good intentions often suffer life circumstances that cause them to be in debt with payments much greater than they can reasonably pay. The filing of bankruptcy directly stops all of your creditors from attempting to collect debts from you outside the bankruptcy process.

Experienced Bankruptcy Attorney Dan Scott reports that bankruptcy filings continue to rise. As the economy continues in its downward spiral, good people are often left with very few options but bankruptcy. In fact over 1,446,000 bankruptcy cases were filed in 2009. It seems that there are many myths about Bankruptcy. I want to dispel 3 Myths about Bankruptcy in this article.

There are 3 Myths about Bankruptcy That Must be Dispelled

Myth No. 1: Filing Bankruptcy Can be Pricey. For less than you will spend on your credit card payments and other monthly payments, you can probably pay a bankruptcy lawyer and court costs. What’s it worth to you to no longer owe your debt? I’d say significantly more that the cost you’ll incur. Creditors tell you, “Just pay the money to me.” Don’t be deceived when they say that.

Myth 2: You may lose your property in a bankruptcy: If you weren’t paying all the other debts could you pay your house note and your car payment? For most folks the answer is YES. Because the answer is yes (if it is) under most circumstances you will not lose your property when you file a bankruptcy case. The Exemption Statutes passed by Congress allow you to keep a specific amount of property if you file your case. Because of the values of your property, in most instances you won’t lose your property in a bankruptcy case.

Myth 3: Not all your debt can be discharged. I hate it when this statement is made because it has “some” truth in it, but not much. Almost every unsecured loan, medical bill, credit card and pay day lender will be wiped out when you file a bankruptcy case. If you file a Chapter 13 case (For the difference between a Chapter 7 and a Chapter 13 check out the video at http://www.danwillhelp.com) you’ll pay payments over time that often clears all of your debt except your home mortgage. Certain specific debts will survive the bankruptcy, such as certain taxes, back child support, student loans, DUI fines or penalties, and claims arising from fraud. However in most circumstances all of your debt will be discharged.

So if you are facing financial trouble and you want to get out of debt though you have tried everything doable to get back on your feet, maybe it is time to consider filing a bankruptcy. You can find more information in the video series published by Bankruptcy Attorney Dan Scott. Go check them out for more information.

If you are struggling with your finances it’s time to get straight talk from an experienced bankruptcy attorney. Check out the video series which is absolutely free. Take back the power away from your creditors today!

Bankruptcies Up In 2009

In this period of increased unemployment rates and home foreclosures, personal bankruptcy rates continue to increase. Last year, it has been reported, personal bankruptcies increased by over thirty percentage points. As more and more Americans face the financial realities brought on by our current economic situation, it is expected that bankruptcy filings will continue to increase.

In 2009, the U.S. saw the total number of filings pass 1.4 million. With last year’s filing increase, the total filing number was higher than it has been since 2005, the year the government significantly changed the bankruptcy laws in an attempt to drastically reduce the number of filings. The 2009 filing numbers are over double the numbers we saw in the year 2007.

Filings allowing debtors to liquidate assets to pay some debt and erase portions of debt, also known as Chapter 7 bankruptcies, increased by over forty percent by November. This is the latest data for such filings.

In addition to Chapter 7 increases, Chapter 13 filings are also on the rise. While Chapter 13 filings didn’t rise at the same rate as Chapter 7′s, they did increase by over 10%. These filings constitute less than 1/3 of the total filings.

Nevada and California each saw some of the highest increases in filings. However, no state surpassed Arizona which saw increases in filings of about 80%. While those states saw large filing increases, states like Pennsylvania and Tennessee saw much more limited increases with filings ranging between ten and fifteen percent.

As the national rate of unemployment continues to loom over ten percent, many citizens that had been financially secure are now in a position that bankruptcy makes more sense. Coupled with the decreased housing market, it is no surprise that many individuals are now strongly taking filing bankruptcy into consideration.

As bankruptcy filings continue to rise, it is become more common for Americans to know someone who has either filed or is considering filing for bankruptcy.

When you are facing creditor harassment, wage garnishment, or foreclosure, finding out your options needs to be your top priority. People often feel helpless when they find themselves in financial situations like this. Get a free bankruptcy consultation fromBankruptcy Attorney Massachusetts Matt Desrochers.

Filing For Personal Bankruptcy: What It All Means

There are two main types of personal bankruptcy you can file for, Chapter 13 and Chapter 7. You might be in a position where you owe people money, your bills keep piling up, you credit is maxed out and you can’t see the light at the end of the tunnel. Understanding the types of bankruptcy that exist is a good first step in exploring this option for yourself.

An individual filing for bankruptcy will file either Chapter 7 or Chapter 13. Chapter 13 involves working out a payment plan with your creditors to pay back the debt you owe. In Chapter 7 bankruptcy, you will sell your property, that is not exempt, to pay back your creditors. After speaking with a bankruptcy attorney, you can decide which type will be the best for your situation.

Chapter 7 bankruptcy is also known as liquidation or a straight bankruptcy. Chapter 7 Bankruptcy is the most common form of bankruptcy accounting for almost two-thirds of all consumer filings. This is one of the faster ways for you to start fresh. The case usually lasts for only a few months after an attorney make the initial filing.

You should consider Chapter 7 bankruptcy if you are in a position to sell your nonexempt property and use the proceeds to pay your creditors. Of course, you want to make sure that you will have property left over after paying your debts to start fresh with a good foundation. Speaking with a bankruptcy attorney about this option is a great idea.

Chapter 13 bankruptcy is a way of working out a repayment plan to pay off your creditors. You are going to be restructuring your debts. Chapter 13 might be a good fit for you if you own valuable property or make too much money to be eligible for a Chapter 7 filing. Often when you file for Chapter 13 bankruptcy, debts and interest accruing will be reduced. A repayment plan is established usually in the 3-5 year range.

If you are currently making money, but are not in a position to pay of your debt immediately, you should consider Chapter 13. Speaking with a bankruptcy lawyer will ensure you take the right path with your bankruptcy filing.

After reading this article, you should have a better conception of what bankruptcy entails and your various options available. The next step is to speak to a MA bankruptcy attorney to see what type of filing is the best fit for your situation.

People often feel nervous when they find themselves in financial situations like these. Speak with Matt Desrochers & Associates, MA bankruptcy attorneys. Bankruptcy is not something to take lightly, but it is not as scary as you might think.

The Pros and Cons of Bankruptcy

If you are considering bankruptcy, you should research all aspects of the process and the possible outcomes. This article is meant to be a very brief summary of the pros and cons of bankruptcy.

As it becomes increasingly difficult to make ends meet, many people begin to think that bankruptcy may be a good idea. Before jumping into a decision like this, though, you should research what bankruptcy really is.

When you file a legal proceeding to have your debt discharged (Chapter 7) or to reorganize your finances (Chapter 13), you have filed a bankruptcy proceeding. A bankruptcy filing is normally done voluntarily and because the debtor is having trouble paying his creditors.

Essentially, people consider bankruptcy so they can start fresh. Once the bankruptcy is completed, the person will be able to start over with no harassing phone calls and knowing that he can live within his means.

We need to clear up some common and erroneous ideas related to bankruptcy. Some people believe that filing bankruptcy will cause you to lose your job. This should not be the case. Additionally, some people, probably the same people, believe that you will lose your social security benefits if you file bankruptcy. Again, this should not be the case. Lastly, there are those who believe that your credit report will be so damaged that it will never be the same again. It is true that your credit score will take an instantaneous hit by filing bankruptcy, however, with time and diligence, it can be repaired.

The major issue with declaring bankruptcy is that your credit score will be dramatically affected and will instantly plummet hundreds of points. Because of this, you will likely be denied for all credit products for several years, possibly up to ten years.

Something else to keep in mind is that, depending on the bankruptcy chapter filed, some of the debtor’s assets may be lost in order to pay creditors. However, some assets are exempt, thankfully. You should discuss the different chapters of bankruptcy and the possible outcomes when you meet with a bankruptcy attorney.

Another thing to consider is the cost involved. When you file a case in the Bankruptcy court, you will be required to pay a filing fee. In addition to this, there are attorney’s fees which can run $2,000 or more. Therefore, if your total debt is only a few thousand dollars, it would behoove you to consider working with your creditors to arrange a payment plan rather than considering bankruptcy.

Professional counsel from an experienced bankruptcy attorney should be sought if your are thinking about bankruptcy. A seasoned bankruptcy expert can guide you through the process and give you an idea of the expected outcome.

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Can I Stop Foreclosure By Filing Bankruptcy?

Sometimes people have to choose between filing bankruptcy or letting their mortgage lender foreclose on their property. However, it is not as simple as a case of either /or and a decision cannot be made this easily. A mortgage lender will initiate a foreclosure proceeding if the monthly mortgage payments fail to be met. There is only one way to stop this from happening and that is pay the mortgage lender. The loan for a mortgage is similar to an automobile loan; when an individual fails to make his automobile payment, the vehicle is taken from him by being repossessed. If you fail to make your monthly mortgage payments you too, could lose your home to foreclosure.

The definition of bankruptcy is to file legal paperwork to resolve an inability to pay debts. While the debtor is going through bankruptcy, this step puts an end to anyone engaged in civil proceedings. Therefore, according to law, the mortgage lender must stop all legal action (including foreclosure). However, a mortgage lender can file for relief from the automatic stay, and when the relief is granted, simply proceed with the aforementioned action. Declaring bankruptcy will not halt foreclosure and you still must repay your loan. Bankruptcy may make your financial problems easier to handle, but it will not make them completely go away.

While bankruptcy doesn’t stop foreclosure, it gives a person time to repay or at least makes it easier to catch up with the mortgage lender. Because bankruptcy forces a mortgage lender to stop the foreclosure proceeding, it gives the debtor additional time to come up with funds to repay the lender. Bankruptcy allows you to discharge unsecured debt which may enable you to have more money to pay the mortgage payments.

The last resort for any debtor who is unable to keep up his repayment schedule at the prevailing circumstances, is to declare insolvency or bankruptcy to avoid further consequences. Under such circumstances, the court, based on financial details submitted by the creditor, may permit the debtor to repay the loan over a period of time by designated installments under Chapter 13 of the bankruptcy law.

Sadly, not every person will be eligible for bankruptcy, and even if they are found eligible, there are still legal costs. The legal costs and fees may be more than the amount needed to catch up and make current mortgage payments. If you are of the mind that declaring bankruptcy may benefit your situation and help you get out of a foreclosure, a good lawyer should be able to answer your questions. Bankruptcy is so detailed that you should not try to handle it by yourself.

Stop foreclosure on your home, find out the steps of foreclosure so you can be informed.

How Chapter 13 Bankruptcy Stops Foreclosure

Some states are a non-judicial foreclosure state. This means that your house may be foreclosed on without the lender having to go to court. Generally you will receive notice via mail 20 days or more before the scheduled sale date. The sale is performed by a trustee, not the lender.

Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.

Before you can file a Chapter 13 bankruptcy there are some things you need to do. Some of the common requirements include filing your taxes for the most recent year due. Proof of your filing of taxes must be given to your attorney. A list of ALL of your creditors is also required in order to give notice to them. Evidence of pay for the previous two months must also be provided to your attorney. You will also need to bring proof of your social security and a government issued photo ID.

Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan – up to 60 months.

After filing for Chapter 13 you will have to pay for any property you wish to keep if that property has a lien on it. The debts are referred to as “secured” debts – examples include mortgages and financed vehicles. A debt that does not have a lien attached to property is referred to as “unsecured” debts. In a Chapter 13 you may be able to pay anywhere from 0 cents on the dollar up to the full amount, depending on things like current income, income over the previous six months, and the total value of your personal and real property.

Automobiles and certain other property, but not homes, are subject to cram downs. A cram down occurs when a secured debt is “cram downed” to the value of the property that secures the debt. For example, if you owe $25,000 on a vehicle that is worth $10,000 then a cram-down would result in the secured debt being only $10,000 and the remaining $15,000 would be unsecured. There are special rules for accomplishing a cram-down.

A Chapter 13 Plan must be confirmed before it can go into effect. Upon confirmation the Chapter 13 Trustee will begin to distribute the funds you have paid into your plan. You make payments to the Chapter 13 Trustee either through a payroll deduction or directly.

At the completion of your Chapter 13 Plan you will be caught up on your mortgage. You will then resume paying your lender directly the regular monthly mortgage. Any unsecured debt that was not paid will be “Discharged” meaning the creditors cannot take any adverse action against you.

If you want to stop foreclosure in Murfreesboro then call Murfreesboro bankruptcy attorney W. Alan Alder at 1-800-706-7863.