Mistakes happen in bankruptcy cases. However, you have a much better chance of success if you have an experienced bankruptcy attorney represent you. There are pre-filing requirements as well as post-filing requirements. You simply don’t know what you don’t know. Be prepared.
Chapter 13 Bankruptcy Filing Requirements.
After your Chapter 13 bankruptcy case is filed, there will be a meeting of creditors that takes places approximately four weeks later. This is the opportunity for the debtor to be examined under oath with regard to assets, liabilities, income and expenses.
A major mistake when considering filing for bankruptcy is waiting too long to file. People struggle for months even years before getting the relief that is needed. In some cases, protectible assets are squandered in an effort to get out of debt without bankruptcy.
Credit came courtesy of Capital One after filing for bankruptcy. Other forms of credit are also available such as auto financing and even a mortgage after two years from the date of filing. Pay on time after filing and your score will start to rise.
No matter what causes a person to have to file for bankruptcy, there are lessons that can be learned through the process. The best advice is to cure whatever caused the bankruptcy in the first place so that it doesn’t repeat itself in the future.
What Is Chapter 13 Bankruptcy?
Credit card debt was the cause of having to file for bankruptcy. This is the number one reason why someone would have to choose to file for bankruptcy protection.
You may be surprised to learn that most people can bounce back from a bankruptcy filing in short order. Vehicle financing is available immediately after filing for Chapter 7 bankruptcy. Other forms of credit can take 6 month to two years depending upon a number of factors.
The costs to file for bankruptcy will depend upon the type of case and the complexity of the case. However, the constant expense will be the filing fee or court costs. At the time of this video, the Chapter 7 filing fee is $338.00 and the Chapter 13 filing fee is $313.00.
Taxes can be discharged in bankruptcy in certain cases. It will depend upon the type of tax, the year the tax return was filed, who filed the return, when the tax was assessed and other important rules in determining whether or not a tax debt can be discharged in bankruptcy.
When you file bankruptcy, the IRS will cease to engage in any payment plans or workouts until such time that the bankruptcy case has gone to discharge. Some clients like the arrangement in place with the IRS and are concerned that filing bankruptcy will quash the payment plan.
Have you thought about getting out of debt? Are you unsure as to which chapter of the Bankruptcy Code is best for you? Do you struggle to understand whether or not you qualify for bankruptcy? Talk with an attorney that handles bankruptcy every day. You will become well versed on the topic
Rebuilding credit after filing for bankruptcy will take a little time and effort. Auto financing is available immediately after filing Chapter 7 bankruptcy provided that you have steady income. Other forms of credit will take between 1-2 years. You can obtain a mortgage after 2 years as well.
Unless your family members, friends and co-workers are going to pay off your debt, who cares what they think about your desire to get out of debt by filing for bankruptcy. It’s easy for them to have an opinion when they are not the ones struggling in debt.
There are several alternatives to filing for bankruptcy. They include payment plans, debt settlement, consolidation and others. In some cases, you may be able to simply not pay on the debt and survive the debt. Speak with an attorney to see what is best for you.
After filing for bankruptcy, you want to make sure that you do not fall back into debt. Try to avoid the same mistakes that caused you to fall into debt in the first place. Keep a close look on your budget and pay attention to possible trouble spots.
Not all debts are eliminated in a Chapter 7 bankruptcy case: Recent taxes, student loans, maintenance, child support and many other debts will survive a Chapter 7 filing. It will eliminate credit cards, medical debt and most personal loan debt.
If you have already filed for bankruptcy and creditors are still harassing you, make sure that you let your attorney know about it. Your attorney will send additional notices and can possibly bring a Motion for sanctions for the violating the discharge injunction.
So many people are struggling financially. It truly is a way of life for millions of Americans. Financial assistance and advice may provide a way out. For others, filing for bankruptcy is the best option. Speak with a local advisor or attorney to see what may be best.
There are some debts that you can likely get away with not paying. There are other debts that should be paid to avoid catastrophic results. For example, if you don’t pay on your car, then repossession can soon follow. Non payment of your mortgage can lead to foreclosure.
In a Chapter 7 bankruptcy case, your job is not affected. The only time that you job would need to be notified is if wages are being garnished. In garnishment cases, the filing will stop the deductions once the employer and/or creditor is notified.
Some people file bankruptcy and never think twice about getting out of debt and securing a better future. Other people have a real hard time with the fact that bankruptcy was the ultimate decision. Each person is different. You have to do what’s best under the circumstances.
You have certain rights when it comes to debt relief. You may be able to file a bankruptcy case to end debt or to repay debt over time. You also have the right to stop certain creditor collection actions. Talk with an attorney near you to learn how you can be helped.
In many cases, you can keep your house and car when filing for bankruptcy. Each state has exemption laws which allow a specific amount of property to be protected or shielded through the bankruptcy process.
There is a process of events that take place after a Chapter 7 bankruptcy case is filed. It all starts with a case number and notice is sent to all creditors and parties. Four weeks thereafter, a meeting is held by the Chapter 7 Trustee assigned to the case.
Once you have a case number, you can often qualify for auto financing immediately. The lender knows that you cannot file Chapter 7 again for another 8 years. The loan is secured by the car so if you fail to pay, the lender can repossess the item and sell it at auction.
Stop worrying about your credit score when you are surrounded by overwhelming debt. The smart thing to do is to get out of debt and then consider rebuilding efforts. What good is credit if you are drowning in debt. It makes no sense at all.
What happens if you cannot pay your bills? Who do you try to pay? Who do your choose not to pay? The problems that accompany being in debt are massive. Help is available under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. Call to see if you qualify.
Co-signed debt will only be eliminated in a Chapter 7 for the person who is filed for bankruptcy. The non-filer will still remain liable for the outstanding debt that was co-signed. Visit www.file7file13.com to learn more.
Re-filing for Chapter 13 bankruptcy after a prior case has been dismissed is possible, but it involves specific legal considerations. Understanding these nuances and seeking the advice of a bankruptcy lawyer can significantly impact the outcome of your new filing. Here’s what you need to know about re-filing for Chapter 13 bankruptcy. 1. Understanding Waiting […]
When it comes to financial health, many people focus on maintaining a high credit score. However, prioritizing getting out of debt can be far more beneficial in the long run. Here’s why being debt-free is more important than obsessing over your credit score. 1. Achieve Financial Freedom One of the most significant advantages of eliminating […]
Chapter 13 can help you get caught up on your mortgage payments. The arrearage is paid back over a 3-5 year period as you begin to make your regularly scheduled mortgage payments on time once again. Contact the office to see if you qualify.
Chapter 13 bankruptcy can save your home from foreclosure. You can pay the mortgage arrears back over a 3-5 year period of time while being permitted to make your regular mortgage payment on time once again. Contact my office to see if you qualify.
You can file Chapter 7 and receive a discharge ever 8 years. If you need relief prior to the 8 year mark, you may be able to find relief under Chapter 13. In many cases, Chapter 13 can hold off creditors while only paying back a small percentage of the total debt owed.
The total cost to file bankruptcy will depend upon the chapter, complexity of the case and the attorney that you choose. The one consistent fee is the filing fee. At present, the filing fee for Chapter 7 is $338.00 and the filing fee for Chapter 13 is $313.00.
The means test is a mathematical formula to determine if a person should qualify for Chapter 7 bankruptcy relief. Although not absolute, it is a barrier to filing in many cases. Contact my office to see if you pass or fail the means test.
If you are struggling with credit card debt to the point where you can’t pay your regular monthly necessities, then Chapter 7 bankruptcy protection could be just what you need. Contact my office to see if you qualify for help. It may be the best call you make all year!
Have you really looked at bankruptcy and wondered what affect it will have on your credit report? How about getting credit after filing? For answers to these questions and more, contact an experienced bankruptcy attorney to learn your rights.
Although you can file for bankruptcy without a lawyer, I would not recommend it. There are simply too many obstacles and opportunities to get into trouble. If the goal is to get out of debt, then you want to have an experienced attorney helping you in the process.
Chapter 13 will allow you to repay either all or a portion of your debt over a 3-5 year period. The amount that you pay will depend upon your assets, liabilities, income and expenses. Contact my office to learn how you can benefit.
Secured debt is debt that is secured by property. If the debtor does not make the payments, there is some form of property that can be taken back. This could be a home, car or other form of property. Talk with an attorney to see of you have secured debt.
If you are in a Chapter 13 and you lose your job, you will have some options. You may be able to convert to Chapter 7 or re-file a Chapter 13. You also may be able to remain in the current case if you have other sources of income to fund your plan.
Tax debt can be discharged under certain circumstances. It will depend upon the type of debt, the year that the return was filed as well as several other factors. Speak with an attorney to learn if you qualify.
You can rebuild your credit after filing for bankruptcy. Often, credit can be rebuilt over a 6 month to 2 year time period. Importantly, do not incur any negative credit after the date of filing for bankruptcy.
Court is now being held on Zoom Video for government. So typically, you will not have to appear physically in a courtroom. There are some exceptions, but for the most part, you’re going to appear 30 days or so after the case is filed on a Zoom Video call. For more information about bankruptcy […]
Should I File?
Not all debt is eliminated when filing for Chapter 7 bankruptcy. However, most unsecured debt such as credit cards, medical bills and personal loans can be eliminated. Talk with a local bankruptcy attorney to see if you qualify for relief.
There are two main Chapters of the bankruptcy code which offer debt relief. There is Chapter 7, which provides relief from most unsecured debts while allowing for a fresh start. Chapter 13 is a consolidation or reorganization where debt is repaid over time.
A common misconception when filing for bankruptcy is that you will lose all of your property in the process. This is untrue in 99% of the cases. In fact, under Chapter 13 bankruptcy, all property remains with the filer. Under Chapter 7 bankruptcy, limits due apply.
It is very possible to get credit after filing for bankruptcy. Some forms of credit can be obtained within months of filing. This is the case for automotive financing. Other forms of credit, such as a mortgage, will be available two years after filing. Time flies after filing.
If you are struggling with debt, there are two good options to help you find your way out. The first is Chapter 7 which is known as the fresh start. The second is Chapter 13 which is a form of reorganization or consolidation. Call to see if you qualify.
If you owned a business and took out debt, you likely signed a personal guarantee on that debt. Chapter 7 bankruptcy could be the answer to eliminating those personal guarantees. Call to see if you qualify.
If you are behind on your utilities and subject to a shut-off, you may be able to get a fresh start with Chapter 7 bankruptcy. You can get back on your feet and start over again. That is the beauty of Chapter 7 bankruptcy. Call to see if you qualify.
Some tax debt can be eliminated in bankruptcy. There are specific rules that dictate whether or not a particular debt can be eliminated. The type, year and filing date are important in determining the dischargeability.
If you are having a hard time making your car payment and worried about repossession, you may be able to save your car under Chapter 13. We can often reduce your payment and payback at a lower interest rate. See if you qualify.
If you took out a high-interest personal loan and you cannot pay back the debt, Chapter 7 bankruptcy can be a good option. Chapter 7 will allow you to eliminate most unsecured debts such as unsecured, personal loans. Call to see if you qualify.
If you are struggling with medical debt, Chapter 7 bankruptcy could be the answer to your problem. Not everyone can qualify. Speak to a local bankruptcy attorney to see if you can be helped. It may be the best conversation you have this year.
If you are being harassed by bill collectors, you may be able to stop it by filing for Chapter 7 bankruptcy. Not everyone is eligible and not every person needs to file. However, in many cases, it is a great option to stop harassment and get a fresh start.
If you cannot pay your minimum payments on your credit cards, you very well may be in need of bankruptcy protection. Chapter 7 can help eliminate unsecured debt in most cases. In other cases, a Chapter 13 repayment plan is what is needed. Talk to a lawyer for help.
If you are struggling with credit card debt and cannot seem to get ahead, Chapter 7 could be the answer to help you. The interest on credit cards is extremely high compared to other forms of credit. Once you fall behind, it is often impossible to catch up. Chapter 7 solves that problem.
Filing Chapter 7 bankruptcy will eliminate a majority of the types of debt that one can amass. However, not all debt is dischargeable. Debts for recent taxes, most student loans, child support, maintenance and debts incurred through fraud are some of the debts that survive a Chapter 7 filing.
The first question to ask is “do you qualify for Chapter 7 bankruptcy relief?” If yes, the attorney will guide you through the process and notify you of the many requirements that need to be satisfied. Don’t worry though. A good attorney will make it as easy as possible.
When you file for bankruptcy, your job does not need to know in most cases. The exception would be if your employer is having to garnish your wages. In that case, you want your employer to be aware of your bankruptcy filing so that the garnishment can be stopped.
Are you worried that you will not get credit after filing for bankruptcy? Do you think that your financial life is over? The truth is credit is available after filing. An auto loan is the easiest form of credit that is available immediately after a case is filed.
The cost to file bankruptcy will depend upon the case. However, there are court costs of $338.00 for Chapter 7 and $313.00 for Chapter 13. Once you meet with an attorney, you will be given a quote for fees and payment plan terms.
Filing bankruptcy on your own, known as Pro Se, can be a daunting task. You simply are not experienced in the process. You may wind up losing property that could otherwise be protected. Even worse, your case can be dismissed with no real relief afforded.
We consider bankruptcy as a failure when it really is tantamount to a fresh start. Although you may not have set out to owe money, things do happen in life. The United States Bankruptcy Code provides relief to those that are struggling financially. It is relief.
Filing for bankruptcy does not have the same negative effect that it did 30 years ago. Today it is more of a financial solution that does not automatically reflect negatively on your self-worth. It can be a financial tool to utilize and then move on.
You can file for Chapter 7 bankruptcy and keep a substantial amount of property. Most debtors can keep a portion of the equity in homes, cars and bank accounts. The amount and nature will depend upon the state that the person resides in at the time of filing.
Are you worried about your credit score? What about the high debt that you are carrying? You may be able to eliminate your debt and then start to rebuild your credit. It doesn’t take nearly as long as most people think. In fact, you can rebuild credit with 6-18 months in many cases.
Do you know if you are at a high risk of foreclosure? Are you struggling to make your regular mortgage payment? Have you already fallen behind and are trying to work a deal with your mortgage company? You have legal rights that they may not want you to know. We can help.
If you are behind on your mortgage payments and looking to save your home, Chapter 13 could be the answer. Under Chapter 13 bankruptcy you can repay your mortgage arrears over a 3-5 year period while being allowed to make your regular mortgage payment going forward.
You can keep your car and change the payment terms through Chapter 13. You can also get a car back under Chapter 13 provided that it has not yet been sold at auction. Contact my office to see if you can be helped.
Your credit score will drop after filing for bankruptcy. However, you should be able to rebuild credit within 6 months to 18 months after filing. Contact me to learn more about the right way to do it.
If you are hiding your car because you can’t afford the payments, consider filing Chapter 13 to reorganize the debt over the next 3-5 years. You may find that you can pay less total per month and reduce the amount of interest owed over the life of the repayment plan.
Filing Chapter 13 can stop a repossession. It also allows you to recover your vehicle if it has been taken and not yet sold at auction. Pay the loan back over a 3-5 year period at a reduced interest rate. Don’t let your auto lender dictate the monthly payment going forward.
Co-signed debt is tricky in bankruptcy. In a Chapter 7 case, a non-filing, co-signer is still liable for the debt. In a Chapter 13, a non-filing co-signer can be protected if the debt is a consumer debt and the plan provides for 100% repayment of that debt.
You can likely protect your retirement account when in debt. It will depend upon the type and nature of the retirement account. If the account is ERISA qualified, then it should be protected, even through a bankruptcy process.
The bankruptcy means test is a mathematical formula that helps determine whether or not a person has the ability to repay either all or a portion of debt over time. Although not absolute, the means test is a critical factor in consumer bankruptcy.
The one court appearance for bankruptcy is being held on Zoom video. There is no need to physically appear at the courthouse anymore. This saves time and money for those that are already struggling to make ends meet.
You will need some paperwork to get out of debt. This will include proof of income for the most recent two months, two years of Federal tax returns and a list of who you owe.
You can rebuild credit after filing for bankruptcy. You want to establish several trade lines that will report positively to the bureaus. Additionally, make certain that you do not incur any negative credit after your filing.
A bankruptcy filing will stay on a credit report for up to 10 years for a Chapter 7 case and up to 7 years for a Chapter 13 case. However, you should be able to regain credit long before the bankruptcy filing is removed from your report.
If you have co-signed for someone, you can be affected if that other person files for bankruptcy. Depending upon the Chapter, you may be the only person left from which a creditor can collect. Be careful when thinking about co-signing for another person’s debt.
It is true that a bankruptcy filing will stay on a credit report for either 7 years or 10 years. However, that does not mean that you will not be able to credit again. Most forms of credit can be obtained within two years after a bankruptcy filing. Forget about credit and get out […]
Why worry about your credit score when you are drowning in debt? I would rather have a lower credit score and be debt free. Your credit can improve after filing for bankruptcy. I have seen this happen thousands of times over the past 33 years while helping people under the U.S. Bankruptcy Code.
You can keep property while getting out of debt. The amount of property that you can keep will depend upon your State. Talk with a bankruptcy attorney to find out what you can keep.
There are huge differences between Chapter 7 bankruptcy and Chapter 13 bankruptcy. One is the fresh start and the other is a consolidation or repayment plan. Contact me to learn which is best for you.
Facing overwhelming debt can be incredibly stressful and challenging. If you’re struggling with persistent financial issues, filing for bankruptcy might offer the relief you need. Bankruptcy provides a legal mechanism to manage or eliminate debts, halt collection activities, and pave the way to financial recovery. Here’s how bankruptcy can assist […]
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The timeframe to receive a discharge in bankruptcy depends on the type of bankruptcy filed. Here’s a detailed breakdown of the timeframes for Chapter 7 and Chapter 13 bankruptcies: Chapter 7 Bankruptcy Discharge Timeline 1. Filing the Bankruptcy Petition (Day 0) Immediate Effect: Filing the Chapter 7 petition initiates the bankruptcy process and […]
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Are you struggling to keep up with your mortgage payments or facing the threat of foreclosure? Filing for Chapter 13 bankruptcy might be the solution you need to save your home and get your finances back on track. This guide will walk you through how Chapter 13 can halt foreclosure proceedings, provide a manageable […]
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Have you recently faced the gut-wrenching experience of having your car repossessed? The good news is, filing for Chapter 13 bankruptcy could be your ticket to reclaiming your vehicle and getting your finances back on track. In this blog post, we’ll delve into how Chapter 13 can help you retrieve your repossessed car […]
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