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How It Can Affect Your Credit Score – Bankruptcy

Category : Bankruptcy

Federal laws designate specific rules that must be followed to be able to file bankruptcy. Although these rules are a large part of the criteria you must meet, there are also state laws that add more criteria. Bankruptcies are not to be entered into lightly, so it’s important that you understand the differences and file under the appropriate chapter that applies to your specific circumstances.

However, there is still a good side on bankruptcy. This is one way of cutting off the unending phone calls and demand lenders from lending companies. Collection agents would no longer have to waste their time going after you once you have declared bankruptcy. But you also have to put in mind that the effects of the said option would rely on its kind.

When you talk of Chapter 13 bankruptcy or known as reorganization, this will allow you to take hold of some of your assets such as car or the house or you may either lose them. This option will allow you to settle your pass due accounts in a given period of time such as 3 or 5 years instead of giving up your house.

However, this doesn’t make the actual process any less stressful, and in 2005 the government brought in the Bankruptcy Abuse Prevention and Consumer Protection Act, which made it even more stressful to claim bankruptcy.

There is also a chapter that is specifically designated for farmers and fishermen who use these means to support their family. In order to qualify for this chapter as a business, your company must be owned by a single family unit. For individuals, you must verify your occupation. Your total debt must not exceed certain limits and the ability to repay debts must be proven.

Bankruptcy can really have terrible effects to every homeowner. Regardless of the kind of bankruptcy filed it still has alarming results on your credit score. It is a given fact that the credit standing plays a vital role in every credit transaction.

If you can’t qualify for any chapter, you have other options. You can try a debt consolidation that gives you one payment you can afford. You can also contact your creditors to negotiate better payment terms. Both of these options can help you repay your debt in a manner that you can afford.

Filing bankruptcy can be a confusing and long process if you don’t know what you’re doing. It is important to research the different bankruptcies to see which ones are applicable to you. You should talk with a specialized lawyer to find out exactly what you need to do.

Harris Smith is a writer on personal finance education. Her article tackles the pros and cons of home equity line of credit

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Information On How To File Personal Bankruptcy For An Individual

Category : Bankruptcy

Anyone that is going to file for personal bankruptcy needs to take into consideration the advantages and disadvantages of filing and the various types of bankruptcy that can be filed. Because of these decisions and the cumbersome filing process it is a good idea to hire a lawyer to help in the overall process. This is a snapshot of how to file personal bankruptcy.

Bankruptcy is a legal procedure that someone will take to help them when they are mired in debt that they are unable to pay. By filing bankruptcy a person has the opportunity to remove the debt that they had accumulated but there will be a major impact on their credit report from it.

Chapter 7 and Chapter 13 are the two most common types of standard personal bankruptcy filings. It would be a good idea to hire a bankruptcy lawyer to help understand the differences between the two types of bankruptcy and to help with all of the paperwork involved. It is possible to start with one type of filing then switch to another, but that is only possible if someone meets all the required criteria of the new filing.

With the major financial issues that the world is going through at this time there have been many more filings for bankruptcy. From 2007 to 2009 the amount of Chapter 7 filings jumped from 413,294 to 819,262 and Chapter 13 went from 276,649 to 370,875. With this amount of filings it is important for people to understand all of the bankruptcy laws that are in place, having a bankruptcy lawyer will help anyone better understand the process.

The most common type of bankruptcy filing in the United States is Chapter 7. This type of filing occurs when someone has a tremendous amount of debt but not many assets. When Chapter 7 is filed then an individual would use any assets they have to pay creditors. Although many debts will be written off, student loans, income taxes from the past three years, and child or spousal support cannot be taken away.

If a person is behind in mortgage or car payments, among other things, then the person would, likely, file Chapter 13 bankruptcy. To file this type someone would still need regular income because the creditors would be assigned a part of the person’s future income. So, whereas Chapter 7 provides a person full debt relief Chapter 13 almost renegotiates the terms of repayment.

To understand the different features of each bankruptcy filing it is vital for someone to hire a lawyer and help in deciding which is more applicable to them and to give assistance in the filing process. Understanding the pluses and minuses of the two types of bankruptcies will play the large deciding role in which to file.

As would be expected the process for filing paperwork for either Chapter 7 or Chapter 13 requires a high attention to detail and takes a significant amount of time. Failing to turn in all of the paperwork or failing to fill it out correctly can result in a delay or having the filing denied. Because of this it is imperative for someone to hire a bankruptcy lawyer to help understand and expedite the process.

With the world’s finances in the state that it is today many new filings of bankruptcy is taking place each day. It is important for someone to hire a lawyer to help understand the major differences between the two types of filings. A lawyer could help someone understand the process and explain how to file personal bankruptcy.

Not sure how to file personal bankruptcy ? Get inside info now in our complete guide to the best bankruptcy lawyer .

categories: file personal bankruptcy,personal bankruptcy,chapter 7,chapter13,bankruptcy lawyer,bankruptcy,debt,credit,legal

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Can You File Bankruptcy More Than Once? You Sure Can…

Category : Bankruptcy

I’m the same as many other Orlando bankruptcy attorneys in that I do not like to see repeat customers. If a client comes back to me it means they have had financial problems again even after filing bankruptcy at least one time before. I love referrals, but don’t like repeat customers because the idea is, if you have to file bankruptcy, only do it once. The good news is that I can almost always help them get out of debt again.

One of the common misconceptions people have, in fact, is that a person can only file bankruptcy once in a lifetime. This is not true. When I do have a former client come in to see me again about filing bankruptcy a second, or third time, I explain to them what I will explain here today.

Because it is difficult to predict when a catastrophic financial disaster may hit, the bankruptcy laws allow you to file bankruptcy more than once in your lifetime and get the debt relief you need. After all, it only takes an extended time out of work, a car accident resulting in enormous hospital bills, or any other unexpected curve ball that life sometimes throws us to find that you need to file bankruptcy again.

Section 727(a)(8) of the Bankruptcy Code states that every 8 years you may file under Chapter 7.

If less than 8 years have passed since you filed a Chapter 7 bankruptcy, you cannot file again under Chapter 7. If it’s been at least 4 years since you filed your Chapter 7, you may file a Chapter 13 instead. This is covered in Section 1328(f)(1).

If your last case was a Chapter 13, then you must wait 6 years from the time you filed the Chapter 13 before you can file a Chapter 7. However, you can still get a Discharge from a Chapter 7 case filed within the 6 years from filing the previous case if the Chapter 13 payment plan paid either 100 percent of all allowed unsecured claims or paid 70 percent of such claims, was proposed in good faith, and represented your best efforts. Section 727(a)(9) is where to go for this.

If you would like to file another Chapter 13 bankruptcy, you only have to wait 2 years before you can file again.

There are exceptions to the 2 year rule for Chapter 13 bankruptcies. In general, multiple filings occur in conjunction with avoiding home foreclosure. If you can show your circumstances have changed and that you could continue to make payments resulting in a successful outcome of your case and that the Judge rules in your favor, you may file a new Chapter 13 within the 2 years.

Navigating the timelines involved in these cases can be tricky and it is a good idea to talk to experienced Orlando bankruptcy attorneys about your specific situation before making a decision on whether you can file bankruptcy or not.

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Bankruptcy Can Easily Be Caused By Losing Your Health Insurance

Category : Bankruptcy

Chicago has an unemployment rate of 9.9%. The nations average is currently 9.6% in September 2010. No one wants to worry about losing their job but it is not shocking in today’s financial state.

When someone loses their job they are most concerned with the losing their income. This is a big concern however it is the loss of health coverage that can be more serious. Paying for health care yourself is a major expense and one emergency room visit or serious accident will bring a lot of medical bills.

Some people didn’t lose their job but lost their insurance. This can happen when a business is trying to keep from firing employees so they cut costs in other areas instead.

To keep medical debt from getting out of control you want to avoid using credit cards to pay down debt. For example, putting high priced prescriptions medications on a high interest credit card is a terrible idea that can push you towards bankruptcy. Some take out a line of credit against their home to pay off medical debt with a lower interest rate but this is another bad choice. You don’t want to jeopardize your home during an unstable real estate market.

Keep the doctor away by making healthy changes to your eating habits and physical activity level. Get more vegetables on the table and eat more fruit. You should start cutting back on fats, sugars and alcohol. You also want to get your body moving. Incorporating a simple exercise routine can do wonders for your health.

If it’s too late to make changes for you and your medical bills are skyrocketing you need a good bankruptcy lawyer. Someone who knows a lot about bankruptcy law and can advise you on the differences between chapter 13 an chapter 7.

Want to find out more about bankrupcy, then visit David Chang’s site on how to choose the best lawyer for your needs.

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Can I Keep A Credit Card When I File For Bankruptcy?

Category : Bankruptcy

The idea behind the bankruptcy law is to allow the honest debtor a fresh start financially by eliminating all of the debts owed by the debtor.

So, if you are filing bankruptcy, why would you want to hold on to one of your credit cards?

To me, it appears the answer is simple: Emergencies. Many people are afraid that if they don’t have access to a credit card, they won’t have funds for an emergency. This brings to mind my freshman year of college. As an 18 year old, I was taken in by that free t-shirt! I did ask my parents if I should get a credit card. Their answer, “It’s a good idea to have one for emergencies”. The only thing wrong with this statement, I found that I found myself in a lot more situations I felt qualified as “emergencies”, where I would use that dependable credit card.

No doubt, there are legitimate emergencies in life. And, it is nice to have a credit card there to help bail you out of an unexpected mess. But, wouldn’t it be even nicer if you could bail yourself out of that emergency situation? Why not take that fresh start you’re being offered through the bankruptcy process and use it to rid yourself of the mindset that credit cards are the answer to life’s emergencies? After all, once your debts are discharged through the bankruptcy, you are free to pay yourself a “minimum” payment of, say, $100/month and to send that payment to your savings account instead of sending it to the credit card companies. This will also allow you to focus on rebuilding your credit without falling into the same trap.

With a little consistency, you will have a nice emergency fund built up in no time. Refrigerator acting up? No need for a credit card. Need to fly across the country to visit your sister after an accident? Now you can make that trip with your emergency fund, and not be still be paying for that plane flight and the interest accrued on it a year from now.

The court requires that all people filing bankruptcy list every creditor they owe money to on their bankruptcy petition. When signing their petition, I advise all clients filing Chapter 7 or Chapter 13 that they are declaring they have done so under penalties of perjury. I am not an 18 year old college freshman anymore, so as much as I would like to think that my advice is being followed, I know that is not always the case.

I know, for example, that some clients have tried to keep a credit card out of their bankruptcy in the hopes that they could use it. Problem is, even if you don’t list a credit card in your bankruptcy petition, your creditors will know you’ve filed (they subscribe to services that flag accounts of their customers who file for bankruptcy) and they will deactivate the account. Then, you’ve got no credit card and no disclosure of the debt in your bankruptcy. Not good.

So, create your OWN emergency fund. One that will take your dependence off of that credit card to get you out of a jam and let you rely on yourself, putting you in control of your financial future.

Learn more about bankruptcy. Stop by K. Hunter Goff’s site where you can find out all about this bankruptcy lawyer and what he can do for you.

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Considering Filing Bankruptcy? Here Are 5 Do’s And Don’ts To Consider

Category : Bankruptcy

As an Orlando bankruptcy lawyer, I often find myself advising clients not to do things they were planning on doing before they came in to see me. After all, that’s why they are in my office, to get advice on how to handle their debt issues. Some of the actions they contemplate, if they did carry through with them, would result in disastrous outcomes for their bankruptcy. What follows are 5 quick Do’s and Don’ts for anyone considering filing bankruptcy.

1. DO: Disclose all of your assets and all of your creditors in your Petition

When someone files bankruptcy, they fill out a lot of paperwork known as the bankruptcy petition, which is prepared and filed with the Court by their bankruptcy lawyer. In that document, the Debtor (person filing bankruptcy), must acknowledge all of their assets and their debts. This is the core principal in bankruptcy, that everyone who files bankruptcy must provide full disclosure. Therefore, if you are filing bankruptcy, all of your possessions (no matter who purchased them originally) and all of your creditors must be listed on the petition.

2. DON’T: Contact the Trustee’s office if you have an attorney.

Recently I attended a “brown bag luncheon” (us bankruptcy lawyers aren’t the “wine and dine” type) with the Chapter 13 Trustee. At the luncheon, the Trustee made it very clear that if a client calls her office, only bad things could come of that call. In fact, she advised every Orlando bankruptcy lawyer to go back and tell our clients NOT to call her office. When a client calls in to the Trustee, their file immediately pops up on the screen. The person viewing that screen then looks for any little thing that may have gone unnoticed in the client’s case. Is a Plan payment a little late? Was there a tax refund that previously went uncollected?

3. DO: Keep your bankruptcy lawyer updated about changes in your Income during a Chapter 13 case

When you enter into a Chapter 13 bankruptcy, it can go on for up to 5 years. Think of a Chapter 13 as a partnership between you and your bankruptcy lawyer. To reach the intended successful outcome, each party must perform their duties. One of the obligations of a person filing bankruptcy under Chapter 13 is to ensure their bankruptcy lawyer is aware of any changes in their income, whether an increase, or decrease, during the entire case. While you may be hesitant to let your bankruptcy lawyer know about an income increase, you must keep in mind that it does not always result in an increased plan payment.

4. DON’T: Give away expensive assets you own before you file your case.

This may be the most important DON’T. You must admit, it doesn’t sound like something you should do, does it. Just re-read the statement after “Don’t”… As you see, it doesn’t sound like something you should do because it is not. The bankruptcy Court labels the transferring of property out of your name prior to filing your bankruptcy case FRAUD. Let me repeat, DO NOT remove property from your name prior to filing bankruptcy, no matter which family member or friend tells you it is a good idea.

5. DO: Be honest and Disclose

Disclosure is always important when you are talking about the law. People filing bankruptcy are better off listing everything on their bankruptcy petition, so when it doubt, disclose. If you are uncertain about whether or not something really counts as an asset, it is better to be safe than sorry. In other words, list it. It may be that it is not something important and nothing was lost by your disclosure. However, there is a great deal to lose if the Trustee appointed to your case finds out about something that you didn’t list, and decides that you were trying mislead the court with your non-disclosure. In which case, you could have gotten yourself into a real mess. So, let your bankruptcy lawyer know everything.

While there are many, many more Do’s and Don’ts when filing bankruptcy, these 5 will get you well on your way to a successful bankruptcy case.

Looking for help with filing bankruptcy? Then visit www.khuntergoffpa.com to find the best Orlando bankruptcy lawyer for you.

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Bankruptcy Lawyer: When To Hire One

Category : Bankruptcy

If you are having difficulties with finances and are considering debt consolidation or bankruptcy, you may also be considering hiring a bankruptcy lawyer. Of course for those who are in a financial rut or on the verge of financial ruin, coming up with extra funds to pay a bankruptcy lawyer can be downright impossible. Despite the shortage of money, it is often best to still consider at least consulting with a bankruptcy lawyer before you begin the process.

The main purpose of a bankruptcy lawyer is to help an individual or business go through the legal procedures for filing bankruptcy. Lawyers are meant to help deal with creditors, meet with the court systems to set up payment plans or repayment programs, gather together and liquidate assets, and fill out and file necessary paperwork. Just as a realtor would be the knowledgeable party in the selling or buying of a home, a bankruptcy lawyer will be that knowledgeable source during a bankruptcy proceeding.

In most state and county legal systems, you are not required to have a bankruptcy lawyer for the legal proceedings. This does not always mean it is wise to do without a bankruptcy lawyer, though, as most specialize in just financial law. Unless the court case would be easily cut and dry or you already know a great deal about the legal system in this case, a bankruptcy lawyer can help from becoming overwhelmed with the legalities of the system.

From the start, a good bankruptcy lawyer should help you to determine which chapter of bankruptcy to file and will offer sound reasons why. If you don’t know anything about the different chapters, this is an excellent reason to begin consulting a lawyer. Many lawyers will even offer a free consultation where you can simply claim the advice and move on to take care of the remainder of the case yourself. Often, though, lawyers will charge by visit or by activity, such as appearing at the courthouse or filing paperwork.

Keep in mind that not all bankruptcy lawyers specialize in the same type of cases, so it is important to find a lawyer who can help you with the type of financial difficulties you are having. Some bankruptcy lawyers work specifically with businesses, while others work solely with individuals. Having a good experience with your lawyer will undoubtedly include finding someone knowledgeable in the areas you need expertise.

Another excellent reason to consider hiring a bankruptcy lawyer is simply to have someone knowledgeable who can help guide you through the paperwork process. In bankruptcy cases the paperwork is the most overwhelming aspect and more often than not, bankruptcy lawyers will actually fill out and file all of the paperwork for you. This takes away the burden of dealing with paperwork in the middle of a financially and emotionally straining time.

If you decide that hiring a bankruptcy lawyer is right for you, ask the local court house for names of lawyers in the area. You may also want to consider asking trusted friends or family advice for finding bankruptcy lawyers. If all else fails, take advantage of technology and research cases in your area to see which bankruptcy lawyers most often represent individuals or businesses. This is a great way to determine who the best lawyers are for your financial needs.

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Should You Contact A Bankruptcy Attorney?

Category : Bankruptcy

You need to be aware of the options that are available for you when suffering from these financial situations, such as losing your home, medical bills or large credit card debts. The United States bankruptcy code is designed to assist those who are in severe financial trouble.

Consider discussing your situation with a bankruptcy attorney to receive valuable information regarding your personal situation.

Filing bankruptcy without the assistance of an attorney may cause you to pay more. If you are in a financial situation that is having you consider filing bankruptcy, naturally you would be trying to save funds wherever possible. However in not hiring a bankruptcy attorney you will not have a professional who is looking after your best interest. An attorney will help to protect what finances and possessions you have.

Bankruptcy laws are extensive and may be hard to understand, by hiring an attorney you will have someone to help you with the paperwork and processes that need to be done. You will have help in picking which chapter of bankruptcy you should file. Chapter 7 which erases unsecured debt, these are debts that are not associated with assets such as credit card debt, or Chapter 13 which will allow you to repay debt by setting up a payment plan that you can manage, this can delay foreclosure and allows you to keep what you currently own. These payment plans typically are for a 3 or 5 year timeframe. A form is filled out to see which bankruptcy chapter you would qualify for.

Paperwork in bankruptcy cases is important, if a error is made this could be considered fraud and you could likely end up in jail. Even if the error that you made was not something you were aware of. Every state has its own set of laws this could be confusing, an attorney in your state would be familiar with the laws that you are filing bankruptcy under to secure proper procedure is completed. If your situation includes delinquent debts you may be receiving a threatening phone call and warnings. Your time, cash and peace of mind are likely to be saved by hiring a bankruptcy lawyer.

Want to find out more about Bankruptcy Lawyer Tips, then visit www.civilrightslawyer.info on how to choose the best Bankruptcy Lawyers.

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Chapter 13 Bankruptcy: What’s The Plan?

Category : Bankruptcy

It always help to have a plan. Plans are are a good idea for relationships, business, and life in general. When filing Chapter 13 bankruptcy, a plan is not only a good idea, it’s required by law.

Clients look to me as their Orlando bankruptcy lawyer to formulate a Chapter 13 plan that meets all of their financial goals. The Chapter 13 plan, which lasts from 3 to 5 years, is used to cure arrearages on a mortgage, completely eliminate a second mortgage, discharge credit card debt, shave money off a car loan, or pay off IRS debt.

In a Chapter 13 bankruptcy, the person filing the case (Debtor) files a payment plan at the beginning of the case. This plan addresses what goals the Debtor wants to accomplish during the term of the plan. It also serves as guidance to creditors as to how they are going to be treated in the plan. Finally, it provides instruction to the Chapter 13 Trustee regarding who she is to pay and how much she is to pay each creditor.

There are many decisions to be made by the Debtor when constructing a Chapter 13 plan. I see many Do it Yourselfer’s in Court who have a really hard time successfully formulating a plan that can be understood by the Trustee or the creditors. This often will result in the creditors objecting to the plan, or the Trustee filing a motion to dismiss the case. When that happens, the person has a bankruptcy on her credit report and absolutely nothing to show for it.

If you want a good result from your Chapter 13 case, hiring an experienced Orlando bankruptcy lawyer is a great place to start. In almost all of my cases, so long as my client keeps up with the Trustee payment during the plan, my client will never see the inside of the Bankruptcy Court. Even better, my clients will have met all of the goals they wanted to achieve when their case was filed.

Having a plan is important, especially in Chapter 13 cases. Having a plan that successfully navigates you through the case and relieves you from overwhelming debt is even better.

Looking for help with filing Chapter 13 bankruptcy, then visit www.khuntergoffpa.com to find the best Orlando bankruptcy lawyer for you.

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What Can Credit Card Companies Do If I Stop Paying My Credit Card Debt?

Category : Bankruptcy

As an Orlando bankruptcy lawyer, one of the first things I advise my clients to do when they decide they are filing bankruptcy and hire me is to stop paying on their credit cards. Recently, though, before I could offer that advice, a client asked me: “What happens when I stop paying my credit cards?”

The short answer is, the collection process will begin. It usually goes something like this:

1. You will receive frequent phone calls from the original creditor, as will your family and your employer, attempting to convince you to make a payment over the phone. The collection agent will try to intimidate you, by saying they will ruin your financial life unless you pay up.

2. In about 90 days, your original creditor will give up and sell your account to a debt collector. This third party agency will then repeat the actions above.

3. Then, around 180 days from the time you stop making payments, you may hear from an attorney. This attorney will simply try to collect on the debt, following the same protocol in 1 and 2 above.

4. Finally, the attorney may file a lawsuit against you seeking a judgment that would allow the creditor to attempt to collect on the judgment. By the way, then, and only then, can your wages be garnished.

Kind of a long process until a judgment is obtained, right? Over 6 months from the time payments stopped being made if I added correctly. So why, as a bankruptcy lawyer, do I advise my clients to stop paying on credit cards when they hire me?

Because the idea is for my client to be filing bankruptcy sometime well before the judgment is entered. Garnishment is taken out of the equation. This way, my client uses the payments they would have made to an abusive debt collector, for a credit card debt, to catch up on a car payment or a house payment they want to keep through filing bankruptcy, or to start building that safety net their Orlando bankruptcy lawyer advocates creating as part of your fresh start strategy when filing bankruptcy.

As for those rude and abusive debt collectors, why not sue them? You see, here in Florida, we have some of the toughest laws in the country to protect consumers. These laws are intended to protect you from the abuse described above, which debt collectors use on a regular basis to coerce you into paying your debt. Aside from the Florida laws, there is also a Federal Law which prohibits third party debt collectors from those same abusive acts. To enforce your rights, you can sue your creditors.

If you let it be, the collection process can be an intimidating experience. But, if you know how it all works, and you know your rights, it can empowering one. Once you recognize the hollow threats tossed around by debt collectors for what they are, and they become laughable; and are often actionable in court.

Check out my Free eCourse to learn more about how an experienced bankruptcy lawyer can help successfully navigate you through the debt collection process and help you get a fresh start financially.