If you have a pending lawsuit, it will keep going until such time that a bankruptcy case is officially filed. Until that happens, the creditor can pursue a judgment and then attempt to collect on that judgment through citations, garnishments, bank seizures and levies.
If you have lost your job and are suffering financial stress, there is help available. In extreme cases, you may consider filing for Chapter 7 bankruptcy. This will depend on the type and amount of debt that you are carrying. It may be the best idea to start fresh.
If you have struggled to make mortgage payments in the past due to an illness, injury, job loss or other financial setback, Chapter 13 could be the answer to save your home. Arrears can be paid back over a 3-5 year period while making regular monthly payments.
Provided the home has not already been sold at auction, a Chapter 13 bankruptcy filing will stop a foreclosure on a home. This will allow for the homeowner to repay the arrearages over a 3-5 year period while making the regular mortgage payment on time.
In most cases, your employer will not find out that you have filed for bankruptcy relief. The exception would be if there is a current garnishment proceeding that needs to be halted. In such a situation, your employer will need to know about the filing.
Whether or not you should file bankruptcy with your spouse will depend mostly upon whether or not your spouse has debts as well as you. Since the total household income and expenses are already a factor, it pays to file together if there is joint debt.
You can prevent your car from being repossessed by filing for Chapter 13 bankruptcy. This will allow for you to repay the debt over a 3-5 year period, often at a reduced interest rate. Speak with an experienced bankruptcy attorney to see if you qualify.
In order to prevent financial problems after filing for bankruptcy, you have to solve the issues that lead to a bankruptcy in the first instance. Some spending habits likely have to change. Sound decision making is the key to success after filing bankruptcy.
Chapter 13 bankruptcy will allow you to repay mortgage arrears over a three to five year period. It will effectively stop a foreclosure case dead in its tracks. The Chapter 13 case must be filed prior to a sale or auction of the real estate being saved.
If you personally guaranteed business debt, then creditors can pursue you for the debts of the business. Depending upon the amount and nature of the debt, this could lead to a personal, Chapter 7 bankruptcy filing. Check your loan documents to see if you personally guaranteed the debt.
Divorce, debt and bankruptcy can get very tricky. Some debts such as child support and spousal support are not discharged in bankruptcy. Additionally, a divorce Judge can order a spouse to pay otherwise dischargeable debt. Proceed with caution when divorcing.
In most cases, your employer will not find out that you have filed for Chapter 7 bankruptcy. The exception would be if a garnishment is pending and proof of the bankruptcy filing is needed to stop it. Absent that scenario, your employer does not need to know.
If a debt is co-signed and only one debtor files for Chapter 7 bankruptcy relief, the creditor can pursue the debtor who did not file. I see this often with vehicle debt. The debt will be co-signed and the person driving the vehicle stops paying. The co-signer is liable.
If your budget is dependent upon having two incomes, then divorce or loss of one of the incomes can lead to bankruptcy. We often see divorce or separation as a common cause of debt problems. Over half of the country is living paycheck to paycheck. It doesn’t take much to fall behind.
The filing fee for Chapter 7 bankruptcy at the time of this video is $338.00 and the filing fee for Chapter 13 bankruptcy is $313.00. Attorney’s fees are an additional expense that has to be contracted between the client and the bankruptcy attorney. Fees will vary.
The Chapter 7 bankruptcy discharge is the proof that your case has gone through to completion. At that point, all debt that could have been discharged should, in fact, be discharged. Consult with your attorney to see if any of your debt will remain.
Chapter 7 bankruptcy and Chapter 13 bankruptcy offer different types of relief. Chapter 7 is known as the fresh start where Chapter 13 is a consolidation or repayment plan. Your income, expenses, assets and liabilities will dictate the best Chapter.
Pundits will state that medical debt is a major cause of having to file for bankruptcy. I find this statement to be mostly untrue. In many cases, medical debt does not reach the lawsuit stage. Usually, it consists of constant collection letters and calls.
The automatic stay in bankruptcy is the protection that kicks in once a case is filed. Although not absolute, the automatic stay will apply to most forms of collection efforts. Speak with a bankruptcy attorney to see if your debt qualifies for the protection.
Filing for bankruptcy should not be construed as a failure. Instead, bankruptcy can be seen as a fresh start. It is a new opportunity to start over and correct whatever problems caused the filing in the first place. Most people wish that they had made the decision to file sooner.
After filing for bankruptcy relief, you can still get medical care. This is true even if medical providers were included in your bankruptcy case. Providers know that future services completed after the date of filing are not discharged in bankruptcy.
Whether or not to file for Chapter 7 bankruptcy is a personal choice. If you are overwhelmed with unsecured debt and you do not feel that you can pay off the debt within a six month period, then considering Chapter 7 may be a very good idea. Speak with an attorney to see if […]
Not all debt is eliminated in a Chapter 7 bankruptcy case. These include most student loans, recent tax debt, child support, spousal support, traffic fines and debts incurred through fraud. Contact a local bankruptcy attorney to see if your debt qualifies for discharge.
Chapter 13 bankruptcy can allow you to recover your repossessed car back provided that it has not yet been sold at auction. Chapter 13 allows you to repay the entire vehicle debt over a five year period. In many cases, the interest rate and total amount owed will decrease.
Child support and spousal support are not affected in a Chapter 7 bankruptcy filing. They are known as nondischargeable debts and they are not eliminated. Arrearages can be repaid over time under Chapter 13 of the U.S. Bankruptcy Code.
You can file for bankruptcy when you own a business. However, it will depend upon the value and assets of the business to determine whether or not a Chapter 7 Trustee will seek an interest in the business or not. Talk with an experienced bankruptcy lawyer to learn more.
You can prevent your car from being repossessed if you file Chapter 13 bankruptcy and provide a payment plan to pay the car off within 60 months. You can also get a car back after it has been repossessed provided it has not yet been sold at auction.
During the Zoom meeting for Chapter 7 bankruptcy, the Trustee is going to ask you a series of questions pertaining to the documents that were filed in your case. Specifically, the Trustee is going to ask about income, expenses, assets and liabilities. Your attorney will be present with you.
If your car was recently repossessed, you may be able to get it back by filing Chapter 13 bankruptcy. You can attempt to pay the entire auto debt back over a five year period at an often reduced interest rate. Speak with an experienced bankruptcy attorney to see if you qualify.
Not everyone should file for Chapter 7 bankruptcy. It really depends upon the total financial situation for the individual case. My rule of thumb is that if a person can get out of debt within 6 months without having to file, then perhaps go that route. If not, the fresh start provided under Chapter […]
Not all debt is discharged when filing for Chapter 7 bankruptcy. There are certain debts that are known as exceptions to discharge such as recent taxes, child support, spousal support, most student loans and debt incurred through fraud. Talk with an attorney to learn more.
Before a Chapter 7 bankruptcy case is filed, you will have to complete a credit counseling session. After the case is filed, you will have to complete a 2-hour financial management class. There is also a meeting of creditors that you must attend via Zoom.
You should not liquidate assets prior to filing Chapter 7 bankruptcy. These are potential mistakes that could have a negative impact on your case.
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.