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.
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.
Credit card debt is a significant financial burden for many individuals, often leading to stress and anxiety as balances grow and minimum payments become harder to manage. High-interest rates and aggressive collection tactics can make it feel like there’s no way out. However, bankruptcy can provide a viable solution for those struggling with unmanageable credit […]
The social stigma associated with filing for bankruptcy is multifaceted and can have significant impacts on individuals’ emotional well-being, relationships, and sense of self-worth. Here are some aspects of the social stigma to filing for bankruptcy: Perception of Financial Failure: Filing for bankruptcy is often perceived as a sign of financial failure or irresponsibility. Society […]
Should I File? In this real life example, we explore whether someone should file for bankruptcy or not. We also examine the Chapter under which the person should file if at all. There are a number of factors that determine whether or not someone should file for bankruptcy. These factors include, but are not limited […]
In the wake of financial challenges, bankruptcy can provide a fresh start and relief from overwhelming debt. However, many individuals wonder about their ability to access credit after filing for bankruptcy. The good news is that it’s entirely possible to rebuild your credit and regain financial stability post-bankruptcy. In this comprehensive guide, we’ll explore strategies, […]
Job loss is a significant life event that can drastically impact one’s financial stability, often leading individuals to consider bankruptcy as a viable option to manage their financial distress. Here’s how job loss can lead to filing for bankruptcy: Loss of Income: The most immediate impact of job loss is the loss of regular income. […]
Debt can have a profound impact on mental health, leading to stress, anxiety, and even depression. If you find that your debt is affecting your mental well-being, it’s crucial to address both your financial and mental health concerns. Here are steps you can take to manage the situation: Acknowledge the Impact: Recognize and accept that […]
Chapter 11 bankruptcy, often referred to as reorganization bankruptcy, can provide a lifeline for a failing restaurant by allowing it to restructure its debts while continuing its operations. This process can be particularly beneficial for restaurants facing temporary hardships or those with viable business models that are burdened by excessive debt. Here’s how Chapter 11 […]
Deciding between Chapter 7 and Chapter 13 bankruptcy is a significant decision that can impact your financial future. Understanding the nuances of each option is crucial to making an informed choice that aligns with your financial situation and goals. Here’s an in-depth look at how to determine which bankruptcy chapter is best for you. Understanding […]
Debt-induced stress can significantly impact various aspects of life, including job performance. The anxiety and mental load of managing debt can lead to decreased concentration, reduced productivity, and even absenteeism at work. Here are steps you can take to mitigate the impact of debt stress on your job performance: Acknowledge the Stress Recognize the Impact: […]
Breaking free from the minimum payments trap is crucial for financial health and long-term debt management. When you only make the minimum payments on credit cards or loans, a significant portion of your payment goes toward interest rather than reducing the principal balance, which can prolong your debt repayment indefinitely. Here’s a strategic guide to […]
Be careful not to lose or liquidate personal property that can be protected through the Chapter 7 bankruptcy process. Consult with an experienced bankruptcy attorney to learn your rights and to determine if your property is protected.
Dealing with persistent creditor harassment can be an incredibly stressful experience, especially when you’re already struggling with financial difficulties. If you’re seeking a way to stop creditor harassment, understanding how filing for bankruptcy can serve as a powerful tool may provide the relief you need. This article explores the relationship between bankruptcy and creditor harassment, […]
Filing for bankruptcy can effectively stop creditor harassment due to a powerful legal mechanism known as the “automatic stay.” The automatic stay is an immediate injunction that halts most collection efforts, lawsuits, and harassment by creditors against the debtor the moment a bankruptcy petition is filed. Here’s how it works to protect you from creditor […]
If you find yourself in a situation where you don’t qualify for either Chapter 7 or Chapter 13 bankruptcy, it can feel like you’re out of options. However, there are alternative paths to consider for managing or alleviating your debt. Here are several strategies to explore: 1. Debt Settlement Debt settlement involves negotiating with creditors […]
Filing for bankruptcy is a significant step that requires thorough preparation and organization of your financial information. Gathering comprehensive financial documentation is crucial for a successful bankruptcy filing, whether you’re considering Chapter 7 or Chapter 13 bankruptcy. Here’s a detailed list of the financial information and documents you’ll need: Proof of Income Recent Pay Stubs: […]
Navigating through financial turmoil can lead many to consider bankruptcy as a viable option for a fresh start. Chapter 7 bankruptcy, often referred to as “liquidation” or “straight” bankruptcy, allows individuals to discharge most of their unsecured debts. However, given its significant impact on one’s financial life, including credit score and borrowing capabilities, it’s crucial […]
Chapter 13 bankruptcy offers a powerful tool for homeowners facing foreclosure, providing a legal mechanism to stop foreclosure actions and allowing them to catch up on missed mortgage payments over time. Here’s how Chapter 13 bankruptcy stops a foreclosure action and what it means for homeowners: Automatic Stay Immediate Effect: The filing of a Chapter […]
Calculating the Chapter 13 plan payment involves a detailed analysis of your income, expenses, debts, and the value of your non-exempt assets. The goal is to create a repayment plan that is fair to your creditors while being manageable for you over a three to five-year period. Here’s a breakdown of the factors considered in […]
Filing for Chapter 7 bankruptcy offers a pathway to financial relief for many individuals overwhelmed by debt. By liquidating non-exempt assets and discharging certain debts, Chapter 7 provides a fresh start for debtors. However, it’s crucial to recognize that not all debts can be wiped clean through this process. Understanding which debts remain after a […]
Filing for Chapter 7 bankruptcy is a decision that carries significant weight and comes with both immediate and long-term consequences. It’s often seen as a measure of last resort, but under certain circumstances, filing sooner rather than later can be the most prudent course of action. Below, we delve deeper into the top five reasons […]
Filing for bankruptcy can temporarily stop an eviction action due to the automatic stay that goes into effect immediately upon filing. However, the effectiveness of bankruptcy in stopping an eviction depends on several factors, including the stage of the eviction process and the specific circumstances of your case. Here’s how it works under Chapter 7 […]
Wage garnishment can significantly impact your financial stability, leaving you struggling to cover essential expenses. If you’re facing wage garnishment due to outstanding debts, filing for bankruptcy might be a viable solution to halt this process and regain control of your finances. This comprehensive guide explores how bankruptcy can stop wage garnishment, offering insights into […]
Filing for Chapter 7 bankruptcy offers a fresh start for those overwhelmed by debt, but it also raises concerns about retaining essential assets, such as a financed vehicle. Understanding your options and the legal implications can help you make informed decisions about your car and your financial future. Here’s a deeper look into whether you […]
Finding a lawyer to help you file for bankruptcy is a crucial step in managing and overcoming your financial difficulties. The right bankruptcy attorney can provide valuable advice, ensure your paperwork is filed correctly, and represent you in court if necessary. Here are steps and tips on how to find a lawyer to assist with […]
When you file for bankruptcy, notifying your creditors is a crucial step in the process, ensuring that the automatic stay goes into effect and collection actions against you are halted. Here’s how the notification process works: Filing the Bankruptcy Petition The process begins when you file your bankruptcy petition with the bankruptcy court. This petition […]
Stopping bill collectors from calling you involves understanding your rights under the Fair Debt Collection Practices Act (FDCPA) and taking specific legal steps to exercise those rights. The FDCPA provides consumers with protection against abusive, deceptive, and unfair debt collection practices. Here’s how you can legally stop bill collectors from calling you: 1. Request Communication […]
Before filing for Chapter 13 bankruptcy, there are several important steps and requirements that you need to fulfill. These preparatory actions are crucial for ensuring that your bankruptcy process goes smoothly and that you are fully informed about the implications of your decision. Here’s a comprehensive checklist of what you need to do prior to […]
Eligibility for filing a Chapter 13 bankruptcy case is defined by several specific criteria set forth in the U.S. Bankruptcy Code. These criteria are designed to ensure that Chapter 13 is accessible to those with a regular income who can afford to make payments under a repayment plan but need the structure of bankruptcy to […]
1. Detailed Repayment Plan: The repayment plan under Chapter 13 bankruptcy is a legally-binding agreement between the debtor and their creditors, outlining how debts will be paid over the plan’s duration. This plan is meticulously crafted based on the debtor’s income, necessary living expenses, and total debt load. It prioritizes certain debts, such as back […]
A Chapter 7 bankruptcy discharge releases individual debtors from personal liability for most types of debts and prevents the creditors owed those debts from taking any collection actions against the debtor. A discharge is a permanent order that prohibits creditors from pursuing any form of collection on discharged debts, including legal action and communication with […]
Whether your employer will find out about your bankruptcy filing depends on several factors, including the type of bankruptcy you file and your employment situation. Here’s a breakdown of scenarios in which your employer might learn about your bankruptcy: Direct Notification is Unlikely In most cases, your employer will not be directly notified by the […]
Both Chapter 7 and Chapter 13 of the U.S. Bankruptcy Code can stop a repossession due to the automatic stay provision that goes into effect immediately upon filing for bankruptcy. However, the effectiveness and duration of this protection, as well as the long-term outcomes for the debtor, can vary significantly between the two chapters. Chapter […]
Filing for bankruptcy can effectively stop a foreclosure action on your home due to the automatic stay, a powerful legal provision that comes into effect the moment your bankruptcy petition is filed with the court. This stay halts most creditors, including mortgage lenders, from continuing with collection actions, including foreclosure. Here’s how filing for bankruptcy […]
Missing payments under a Chapter 13 bankruptcy plan can have serious consequences, but there are several steps and options available to manage the situation. Here’s what can happen and what you might do if you miss Chapter 13 plan payments: Immediate Consequences of Missing Payments Case Dismissal: Consistently missing payments can lead to the dismissal […]
Chapter 13 bankruptcy, often referred to as a wage earner’s plan, allows individuals with regular income to develop a plan to repay all or part of their debts over a period of three to five years. The Chapter 13 repayment plan is central to this bankruptcy process, providing a structured way for debtors to manage […]
You can file for bankruptcy without a lawyer, which is known as filing “pro se.” However, navigating the bankruptcy process without legal representation can be challenging due to the complexities of bankruptcy law and the potential risks of not fully understanding your legal rights and obligations. Here are some considerations if you’re thinking about filing […]
Filing for bankruptcy does indeed involve a legal process, which includes court involvement, but the extent to which you’ll need to appear in court depends on the specifics of your bankruptcy case. Here’s what you can generally expect regarding court appearances during the bankruptcy process: Meeting of Creditors (341 Meeting) Regardless of whether you file […]
The Chapter 13 bankruptcy process, known as a wage earner’s plan, is significantly longer than Chapter 7 due to its nature of allowing debtors to repay their debts over time. Here’s an overview of the timeline and key stages in the Chapter 13 bankruptcy process: Filing the Petition The process begins when you file your […]
The Chapter 7 bankruptcy process, often referred to as “liquidation” bankruptcy, is relatively quick compared to other types of bankruptcy, such as Chapter 13. Here’s a general timeline of how long the Chapter 7 process typically takes: Filing the Petition The bankruptcy process officially begins when you file your bankruptcy petition with the court. This […]
Whether you can keep your home, car, and personal belongings when you file for bankruptcy largely depends on the type of bankruptcy you file (Chapter 7 or Chapter 13), the laws of your state, and your specific financial situation. Here’s a general overview: Chapter 7 Bankruptcy In Chapter 7 bankruptcy, also known as liquidation bankruptcy, […]
Missing a mortgage payment during a Chapter 13 bankruptcy case can have serious implications, but there are mechanisms within the bankruptcy process to address such situations. Chapter 13 is designed to help debtors catch up on overdue payments for secured debts, like a mortgage, through a structured repayment plan. Here’s what can happen and potential […]
The Chapter 13 plan confirmation process is a critical phase in the Chapter 13 bankruptcy procedure, where the bankruptcy court evaluates and decides whether to approve the debtor’s proposed repayment plan. This process involves several steps, from the submission of the plan to the court’s final decision. Here’s a detailed look at how the Chapter […]
Missing a Chapter 13 plan payment can have significant consequences, but there are steps a debtor can take to address the situation and potentially avoid severe outcomes like dismissal of their bankruptcy case. Here’s what can happen and what steps might be taken: Immediate Consequences of Missing a Payment Trustee’s Response: If you miss a […]
The Chapter 13 plan, also known as a wage earner’s plan, allows individuals with regular income to reorganize their debts and repay them over a period of three to five years. The process involves creating a repayment plan that is submitted to and must be approved by the bankruptcy court. Here’s a detailed look at […]