Thursday, August 23, 2007

The Basics Of Bankruptcy

Are you facing financial troubles? Have you tried to alleviate your debts by working with the companies, but not succeeding? There are many reasons for a person to enter into financial difficulties. It is possible that you or a spouse has lost a job, you have medical bills that need to be paid, or you have used credit cards to get by.

If you have tried to work with your creditors to no avail you are probably beginning to look at the options of bankruptcy. There are six laws in bankruptcy and two of those laws deal with the individual. You have probably heard of Chapter 7 or Chapter 13. These deal solely with you as the individual. You may or may not have to appear in court depending upon your circumstances.

It is best to hire a lawyer or seek a non- profit organization to help you understand the rules of bankruptcy. Income is important. If you make a certain amount of money and have savings it may not be possible to file for bankruptcy. You will also want to know about non- exempt assets. These are assets the courts can take from you to sell of in order to pay your debts. On the other hand you may find your creditors do not fight the bankruptcy and all your debts may be absolved so you can start fresh.

You also have to keep in mind with a bankruptcy that your credit report will be damaged. It will be hard for you to obtain loans on homes, cars, and even student loans if you have gone through a bankruptcy. You will want to ask your lawyer about the possibilities of improving your credit while the bankruptcy takes place. Certain companies are still willing to loan money for a fairly high interest rate, but it can help you save your credit.

You will also want to hire a company that can begin to remove the bad debt from your credit report. It can take a year after the bankruptcy before a company will be able to remove the individual debts, but it can take more than 3 years before a bankruptcy will go off your record on a report.

Knowing a few basic things about bankruptcy will help you to achieve a better financial status when the trouble is over. You can learn how to prevent these financial troubles in the future and have all your questions answered by a qualified lawyer.


http://www.articledashboard.com/Article/The-Basics-Of-Bankruptcy/228494

Learn About Bankruptcy Court

There are many things you will need to know about Bankruptcy court. You can find these answers online, some of them are below, and you can also obtain answers from your bankruptcy lawyer. It is important that you have a lawyer to get you through this process. They are trained in the court system and will help ease the stress of the bankruptcy though that may seem impossible.

First the federal district court handles bankruptcy matters. They will have a clerk to help file the paperwork and generally there is a day you will have to go to court to file your motion and have a few questions asked. Most of the time there are other people in the same condition as you waiting to stand before the judge. The court will ask to see your documentation and ask you some questions. Depending upon the state of your documentation you may be dismissed with a promise to hear from the courts in a certain period of time as to whether the bankruptcy has gone through or you may have to reappear before a judge for further scrutiny. Some questions they may ask are about your job, your assets, and the debts included in the bankruptcy. They will also mention what debts are not allowed to be included in the bankruptcy.

There are also chapters to bankruptcy. Your lawyer and your circumstances will determine the chapter you file under. If at all possible you will want to speak with your creditors about settling the matters out of court to pay your debts, however this may limit your options and you may not be able to meet there terms. A chapter 7 bankruptcy most likely will allow you to settle without going before the judge whereas a Chapter 13 often requires an appearance before the court. It will depend on your creditors.

Below are some forms your lawyer may ask you to fill out. These forms will establish your current standings.

• Voluntary Petition
• Involuntary Petition
• List of Creditors Holding 20 Largest Unsecured Claims
• Summary of Schedules
• Schedule A – Real Property
• Schedule B – Personal Property
• Schedule C - Property Claimed as Exempt
• Schedule D – Creditors Holding Secured Claims
• Schedule E - Creditors Holding Unsecured Priority Claims
• Schedule F - Creditors Holding Unsecured Nonpriority

The website http://www.uscourts.gov/bkforms/ allows you access to these forms as well as any questions you may have in filling out the proper forms for the type of bankruptcy you will be filing. It can take up to six months to hear whether your debts have been dismissed. It is important to keep a clean credit record during this time and of course after. You will find that most creditors will not be willing to loan you money or offer you a credit card for several years after the bankruptcy. You will need to reestablish your credit by paying your car loans and other bills on time for several months. You also might seek a company to clean off the credit cards from your credit score after a sufficient amount of time from the bankruptcy to reestablish your credit. You will have to wait at least a year before you can begin to remove bad credit from your reports.


http://www.articledashboard.com/Article/Learn-About-Bankruptcy-Court/226050

Choosing A Bankruptcy Lawyer

We like to succeed as human beings and sometimes succeeding is harder than others. We face many obstacles especially financially. It may be that we lost our job, or medical expenses took all our savings on top of everything else that goes on. We constantly try to correct things only to see no end. A last resort for many of us financially is bankruptcy. When you have made the decision to file for bankruptcy there are several things you need to know, including finding a qualified lawyer to handle your affairs.

Unless you are a lawyer and know first hand about bankruptcy, you will need a professional to help you through this difficult time. A bankruptcy lawyer can answer any questions you may have. They will also provide you with the forms you will need to fill out and advice on how to proceed before you file for bankruptcy. There are non- exempt assets in a bankruptcy that you may loose. A lawyer can try to help you keep the most precious items within the boundaries of the law.

When you try to choose a bankruptcy lawyer, as with anything you will want to research your options. Just picking up a phone book and dialing a number may not be your best option. You may ask your personal lawyer to suggest someone qualified in bankruptcy law. You may look on the Internet for a few phone numbers and then interview the lawyers. The American Bar Association can also help you find a lawyer. It is important to screen your choices in lawyers ask about the cases he or she has dealt with in the past without asking them to reveal any information about the people involved. Ask the person about your situation and what they may recommend.

You can always check with a few people before making the ultimate decision. Referrals are often the best way to find a great lawyer. You have a lot at stake with a bankruptcy because you do not want the case dismissed based on the wrong information. A lawyer can help you get the documentation you will need to appear in court. He or she will appraise you of the questions a judge may ask you and explain other statements that he or she may make regarding your case.

Bankruptcy takes time. You may find a year later after starting proceedings you are just going to court and in another six months or less you will have the courts ruling. During this time, you can ask your lawyer about any information that may come up. If you are trying to work with a few creditors, a lawyer can help you if the collection agencies are harassing you by fielding calls.

A bankruptcy lawyer is there to help you through a difficult time. They are available to help relieve the stress of an unknown prospect and gain you the bankruptcy you need to start your life fresh. When you choose a lawyer, it is important to take the time to research them, their case record, and find out if they have any referrals. You want the best when dealing with financial trouble.


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What Are The Effects Of Holding Bank Account And Assets After Bankruptcy

When you go bankrupt life for attaining credit is very difficult. Many companies are wary of loaning money, or even allowing you to open a bank account on the basis of your bankruptcy. You will need to search for a bank that will allow you to open a new bank account. The bank may impose conditions and limits for this bank account. They may limit the amount of money you are allowed to withdraw and state that you need to keep a certain amount in the account to avoid fees.

The bank will check your credit and find the bankruptcy. It is a good idea to tell them you have had a bankruptcy so there are not surprises and they are more inclined to help you. It may take three or more years for you to be eligible for loans. You do not want to jeopardize this new start by overdrawing the account or bouncing the check. With the bank systems in place today it is very easy for the bank to monitor your account and they may close your account if you mishandle funds.


Paypal will also allow you to open a savings account if you are having trouble finding a bank to work with. Paypal allows you to pay bills online as well as shop online so you can use it as a bank account until you reestablish credit.

Assets after a bankruptcy are usually limited. You probably don’t have a lot of money to put into savings, but as long as you have steady employment you will be able to reestablish credit. You home is another asset. The courts cannot take away your home unless you have been foreclosed. In the event of a foreclosure you will probably be renting until you can establish your credit. Depending on the chapter of bankruptcy you may have been able to convert some asset into a home that courts cannot take away. For instance if you are a truck driver you can turn that asset into a home rather than loose the truck. Of course if you are still using the truck for your job you may be able to keep it under transportation for your employment.

Bankruptcy will create stress and a little havoc in your life during the process, but it can be the solution you need to gain a new start. A lot of people facing bankruptcy have lost their jobs, lost assets from rental properties, or even had a medical problem causing them to mortgage all their assets. To have a life after bankruptcy you may have to have a job that is below your education and be forced to abide by banks rules, but you can reestablish your life after a time.

http://www.articledashboard.com/Article/What-Are-The-Effects-Of-Holding-Bank-Account-And-Assets-After-Bankruptcy/221254

Do You Know The Alternatives To Personal Bankruptcy

Are you facing the possibility of bankruptcy, but are not ready to give in yet? There are several alternatives to personal bankruptcy. Knowing what is right for you is important and you can talk with a professional about your options. There are trained professionals such as bankruptcy lawyers that can help you make the decision for what alternative may be right for you.

Most creditors are willing to work with you because they will make more money helping you solve your debts than to have it written off in a court of law where they will not recoup their loses. In other words they do not want to write of the loans. When you are seeking help to keep from a bankruptcy you will want to either hirer a lawyer or a professional negotiator. A professional negotiator can be found at non profit organizations for debt counseling. You can also find these individuals online or in the phone book. You will of course want to check references to make sure you are dealing with a reputable company. Those who are in debt know that creditors will send them to collection services that will hound the person. In order to lower stress it is important to have someone field the calls while you are trying to negotiate terms you and the company can live with.


It can be difficult to find the money to afford a bankruptcy lawyer especially when you are already struggling so remember the non profit organizations do hire professionals to help you. A credit negotiator can establish a deal for a smaller cash payment to help you settle the claim against you from that company. You may pay less on a monthly basis or you may be able to give them a lump sum to make the company settle without the bankruptcy. This lump sum can have you pay off the debt so you can concentrate on other debts.

The percentage you may have to pay could just be the balance without the attachment of interest if you can pay it right away. They may invoke a Individual Voluntary Arrangement that states you have a certain period of time to pay of a percentage of the loan.

You will want to try alternatives before seeking bankruptcy because it can affect your credit score. If you still have decent credit is behooves you to try an alternative such as refinancing your loans to perhaps one over all loan. You may find a lower annual percentage rate with the consolidated loans and still save your credit.

You can also try transferring balances on credit cards. Be careful when you transfer balances. The actual transfer of funds does not hurt your credit but closing or opening to many cards in a short period of time can affect your credit score. It is important to have lower interest rates, but you don’t want to sacrifice your credit score while attaining a lower debt.

There are alternatives to personal bankruptcy the trick is to know where to find them. You do not want to listen to bad advice so you should seek a reputable company even a non profit organization that will give you the advice and guidelines that you need to avoid bankruptcy.


http://www.articledashboard.com/Article/Do-You-Know-The-Alternatives-To-Personal-Bankruptcy/218528

Should I Bother Hiring A Bankruptcy Attorney?

A legal advisor that is registered to practice in the state of federal jurisdiction of the USA is known as a bankruptcy attorney. These lawyers normally concentrate on debt elimination, which makes them considered as an expert at financial insolvency.

Debt repudiation is by no means an easy subject, and a member of the public should never attempt reorganizing his debts without consulting a qualified lawyer. In certain states an individual is allowed to represent himself in financial insolvency courts, however most of the times the people that attempt this will fail, or at the very least find their case being delayed.

When some people opt to represent themselves in insolvency courts some people have been charged themselves with committing a crime which resulted in a prison term. To prevent this as much as possible, almost all authority figures recommend that a qualified legal individual should be present.

The legal advisor must first find out whether or not the person (or entity) is actually eligible for debt insolvency filing. An interview is normally used to assess whether or not the entity has a claim, this interview should be free for individuals, although businesses may have to pay. Most of the lawyers will give the borrower a form that they have to fill in showing in depth information about their financial problems. This form is protection for both the debtor and the legal advisor. If any discrepancies become apparent both parties will have a copy of this form that they can refer to.

When this form is completed the legal adviser will consider whether or not the debtor has a case for filing insolvency. It could take a few weeks for this to be decided, but once the lawyer has made up his mind you will be told. If a case for financial insolvency exists then both parties must discuss the different methods of debt relief available, and decide upon the correct one. Title 11 of the United States Code governs the liquidation of debt, the lawyer must also decide which state laws (if any) could affect this case.

This article is simply friendly advice, it is by no means concise, nor is it intended to be. You must consult a qualified legal representative before doing anything. Only a qualified bankruptcy lawyer can give advice tailored to your unique circumstances. Again you must see a legal representative before filing for debt repudiation.


http://www.articledashboard.com/Article/Should-I-Bother-Hiring-A-Bankruptcy-Attorney-/213817

What Does Chapter 11 Bankruptcy Mean For Me?

Not everybody who wants to file for bankruptcy finds chapter 11 bankruptcy suitable. Not everybody is able to use this method to reorganize their debts. Chapter 11 bankruptcy was put into place to help small and large businesses.

Businesses that may use chapter 11 bankruptcies to reorganize their debts are:

-Corporations, LLC ¨C limited liability companies
-Partnerships
-Proprietorship
-Corporations, limited liability companies and partnerships separate from the stakeholders of the company. This allows the business to reorganize the debts without any participation from other people in the business. These businesses can also use other chapters of debt reduction such as Section 7 of the United States Code Eleven.

A sole proprietorship is a company that is owned by an individual, it is not a separate enterty and so the assets and debts of that company are one and the same as the owners personal debts and assets. The sole proprietor may therefore file under different bankruptcy codes. A sole proprietor can take advantage of section 13 of the united states congress, as long as the debt has been gained by the business. It is necessary to seek legal advice before you make the final decision.

The CEO or the business entity can decide which way to reorganize the companies assets and debts. Many business legal reorganization plans fail simply due to the fact that the company is not determined enough to follow the action through. The following can cause problems for some companies.

1. The owner must be aware what caused the debt in the first place, the owner must also be able to find out what the results of reorganizing the debts will be. It is important to consider whether it would be better to whether it's better to reorganize or liquidate the company.

2. Reorganization will allow the business to find some much needed cash flow, and so give the owner a chance to sell the business as a going concern.

3. Reorganization can save the business some extra time, this allows the business extra time to renegotiate expensive loans on equipment and buildings.

4. It is not possible for reorganization to create a new market place. It also doesn't create any new skills. If a company got into trouble in the first place, then unless it understands wh it could well find itself in the same situation again.

Filing for chapter 11 insolvency is only as good as the manager of the company involved. Reorganizing will do little but masking the symptoms of debt unless the cause is actually understood.

http://www.articledashboard.com/Article/What-does-Chapter-11-Bankruptcy-Mean-for-me-/211638

Learn About Bankruptcy Exemptions Today!

It's very important to consider bankruptcy exceptions when you are filing for bankruptcy, you must understand exactly what the term means. The most simple definition is that the entity is able to list certain assets and protect them from being taken by creditors. There is of course a more precise definition that we will look into below.

What does bankruptcy mean exactly?

It is where the creditors of the debtor are able to sell the insolvent debtors property. They are given permission to do this by the court, and the possessions are sold to recover the debts.

What does the term exception mean?
A: The act of exempting something, or being in a state of being exempt
B: The person that controls the exceptions.

Bankruptcy exception is a very complicated subject and includes many terms of ¡®legalize'. The ¡®legalize' term makes it very difficult to understand what is actually protected against seizure from creditors. This makes it extremely important to seek legal advice before making the final decision.

As if it's not already complicated enough, you must file the insolvency procedures in the federal court system, this is responsible for processing all of the insolvency cases in the united states of America. This is made even more complicated because different assets are protected in different states, it is impossible to find general asset protection information that affects the whole country.

Depending on the chapter of the financial code that you are filing for insolvency under, it changes which assets are protected by law. Proper legal advice must be sought before making a decision which bankruptcy code you should file under. For ease of use, we have listed the four chapters of insolvency below.

1. Chapter 7 - Liquidation
2. Chapter 9 - Reorganization for municipalities
3. Chapters 11 and 13 - Reorganization
4. Chapter 12 - Reorganization for farmers/fisher men

It's important to understand the asset protection as given in the bankruptcy exceptions, it could well help someone to survive bankruptcy.


http://www.articledashboard.com/Article/Learn-About-Bankruptcy-Exemptions-Today-/209173

Avoid Bankruptcy - What Can I Do To Avoid Bankruptcy?v

No one really ever sets out with the goal of having to file for bankruptcy, yet people have to do it every day. To help you avoid falling into the same situation I would like to share some ideas that can help you stay strong financially. The information I am going to share with you should not replace legal guidance but should serve as a learning tool only.

If you have high amounts of debt consider getting a second job. Many employers don’t have a problem with it as long as it doesn’t interfere with your work schedule or performance. They also don’t want you to be working for a direct competitor. The income from that second job should only be applied to lower your debt. If you earn $200 per week then you will have at least $800 more than before to apply towards your debts each month. Keep a list of your debts and apply the money to the one with the highest interest rate first.


While you are trying to eliminate the debt you have already incurred you need to not add more to it. Cut up all your credit cards or at least give them to a trusted individual who will not allow you to use them. You may keep only the card with the lowest interest rate. You need to be committed to only using it in a dire emergency.

Do you own your home? If so, you might want to consider using the equity you have built up in your home towards your debt. The amount may be more than sufficient. You need to make sure you will be able to meet the additional mortgage on your home though if you choose this option. If you have an expensive vehicle or a high payment on one, consider selling it. Buy something that is less expensive as well as gets good gas mileage. Be careful not to be one that will continually need repairs though.

Following these tips just may save you from getting too far down that lonesome road of debt without a way out. You want to change your spending habits early on so that you won’t find yourself in a position where bankruptcy is your only avenue for relief.


http://www.articledashboard.com/Article/Avoid-Bankruptcy---What-Can-I-Do-to-Avoid-Bankruptcy-/277779

Some Tips Concerning Bankruptcy

If you are in a state of prolonged and severe debt, then you may find advantage in filing bankruptcy. However, the realm of bankruptcy is vast and confusing to many. Here is a short guide to move you in the right direction. The first thing to know about bankruptcy is that it should only be considered as a last resort. There are almost always more options available. Most all of these other options will prove less detrimental to you. There are credit repair services everywhere that help people by giving advice about bankruptcy. Pick up a phonebook or do a search online to begin the process.

Do not be too proud to admit that you are in need of help. If you are, then you cannot expect any of your creditors to know. They will have to assume that you are unintentful to pay them and they will eventually be forced to act against you in their own best interest. Beware of bogus credit repair agencies. There are hundreds of thousands of people in states of turmoil concerning their debt. This creates credit “repair” agencies that are in place to rip you off. In general, you should be able to utilize a wealth of free bankruptcy help programs available. Many are sponsored by the government or other agencies that are not attempting to directly profit from your debt situation.

Examine your debt situation closely and honestly. Step outside of the situation and look in to discern whether bankruptcy is in fact warranted or if you are overreacting. Many times you will find that communicating with your creditors and developing a new financial strategy is all that’s needed. It may require tightening your budget, cutting back on personal vices and humbling yourself, but these things are often better than formal bankruptcy proceedings.


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Life After Bankruptcy - If You Don't Fix Your Credit Now, You'll Hate Yourself Later

Many people wonder how to recover after a bankruptcy. This article will outline the information and steps needed to improve your credit score once bankruptcy is filed. There are many things that can be done today to help your credit score of tomorrow.

The first thing to do, if at all possible, is to avoid bankruptcy. If you are falling further and further behind with your creditors try to call them directly and make an arrangement that will work for both of you. Bankruptcy is rarely the best solution and it has long term negative effects.

If you have declared bankruptcy, try to maintain ownership of a piece of valuable property; like your automobile, home, or a piece of land. If you can manage to hold something of value through the bankruptcy process you’ll be much more ahead then if you didn’t. With your valuable asset you can borrow against it using a secured credit card. You agree to put the asset on the line if you fail to pay your bill. Apply for one of these cards as soon as possible. Make sure you always pay the balance in full each month. That way you build your credit and avoid interest payments too.

Sometimes using an asset to get a secured credit card isn’t an option. If this is the case, have a friend or family member cosign on a small loan or credit card with you. They agree to be responsible for any debt you have with the new account. You are putting their credit score and financial future at risk by having them sign with you. Be grateful and don’t over borrow. Even a small loan or credit card will do big things for your credit.

Be prepared to build for two to three years before you try for a bigger loan (like an automobile). If you have diligently paid your balance in full each month you’ll probably get a decent interest rate. If you already have a car or other large loan you can refinance to build even more credit and save more money. Bankruptcy and its negative effects stay on your record for ten long years. Just because you’ve declared bankruptcy doesn’t mean all is lost. After a few years of on-time regular payments you should start to see better interest rates. Lenders like to see that you are making a serious effort and that you are no longer a risk. Try to get back on the map with any kind of positive credit history.

Credit cards are a great way to start. If you have problems with credit cards but still want to build your credit, consider a prepaid card. These still report to the credit bureau and don’t have the same temptation as regular credit cards.

With all of this just realize that it will pass. Everyone has problems here and there so keep your head up. You can do it!

http://www.articledashboard.com/Article/Life-After-Bankruptcy---If-You-Don-t-Fix-Your-Credit-Now--You-ll-Hate-Yourself-Later/278366

Why Filing Bankruptcy Continues To Increase Over Last Yearv

Studies show that people filing bankruptcy by about mid-year this year so far have increased by more than 45% over the number of people filing bankruptcy last year at this same time. This is true for both personal and business bankruptcy, which may be a sign of the times and an indication of the amount of financial pressure that people find themselves in.

One of the problems seems to be that when times are briefly good, people go out and spend money on big ticket items, only to find that the slightest change in their economic picture can unbalance a budget that was not well thought through, say experts.

“The new upward trend in bankruptcies reflects the economic reality of households under increasing financial stress,” said ABI Executive Director Samuel J. Gerdano. “We expect bankruptcy filings to continue to rise for the balance of the year.”

Further studies indicate that of all the people filing bankruptcy, they almost totally into three main types of bankruptcy, which are:

* Chapter 7 Bankruptcy -- This type of bankruptcy is possible for both business and individuals. The main purpose of this type of bankruptcy is to permit a fair and equitable distribution to all creditors of the filer's non-exempt assets and properties. If unsecured debts are part of the person's filing, and they are not reaffirmed, they may be discharged, although discharging is not guaranteed. This is attractive for many consumers who think that unsecured debt will be automatically discharged, but that is not always the case.

* Chapter 11 Bankruptcy – This type of bankruptcy is also available to both businesses and consumers, where the primary purpose of this type of bankruptcy is to rehabilitate a business to make it a viable business entity again, or for a consumer, to reorganize a consumer's finances and budget via a court-approved reorganization plan. This type of bankruptcy is sometimes difficult for a consumer to get approved, since it requires court authorization and approval, and many times the individual has not taken the time to investigate alternatives, and/or is simply guilty if inadequate or irresponsible budgetary planning.

* Chapter 13 Bankruptcy – This type of bankruptcy is limited to individuals, not businesses. The person filing this type of bankruptcy must have a regular income and means of support, and their total indebtedness cannot exceed specified limits. This is typically used to budget portions of the consumer's future earnings through a plan where unsecured creditors are paid, either in total or in an agreed-upon percentage of the whole.

One of the things that is noted by this recent study is that a majority of those seeking to file bankruptcy had not thoroughly investigated viable options. Instead, they relied on "old school advice" which does not understand the new bankruptcy laws which are much stricter and much more defined than they were in previous years, even though the bankruptcy laws still vary widely from state to state. The new bankruptcy laws make it much more difficult to file bankruptcy "on a whim". Many businesses and consumers have not done the necessary homework to find out, for example, if a debt consolidation loan would give them the breathing room they need to become viable again, without the expense and long-term negative effects that bankruptcy brings.


http://www.articledashboard.com/Article/Why-Filing-Bankruptcy-Continues-To-Increase-Over-Last-Year/285238