Posts Tagged ‘Bankruptcy’

Things To Know Before Filing Bankruptcy

Friday, February 13th, 2009

You don’t file for bankruptcy just on an impulse. It should be a properly chalked out plan that should be used as a backup plan once you have exhausted all other ways out. Though bankruptcy can sort your present financial situation, you should ponder and know the implications of filing bankruptcy are going to create problems for you for another 7-10 years. People filing bankruptcy choose to do so only to improve their present situation, but do not consider its long-term impact. But when they come to know about it, they regret taking that option, instead of other options, but by then it is very late.

If you are just about to file bankruptcy and are looking for a solution, there are many other options that you can use. If you feel as though you are sinking in debt with no hope in sight and hardly have any asses, filing bankruptcy need not be the only solution to your financial woes. It does seem like an easy and attractive solution to your financial problems; always remember it should be used as a last resort.

Throughout the process of filing for bankruptcy, always ensure there is a lawyer acting for you in all formal bankruptcy proceedings. Unless you know the bankruptcy law, especially the alterations to the law in your state properly, it is far better to let a bankruptcy lawyer act on your behalf; you can consider it a necessity to prevent yourself from mistakenly worsening your already bad situation. The whole process of filing bankruptcy today is far different than it was some decades ago. An expert bankruptcy attorney understands these loopholes and can find way around them.

Do some reading about what filing for bankruptcy entails, so that you can discuss about your reasons for doing the same with your bankruptcy attorney. You might consider filing bankruptcy if your expenses are shooting up due to divorce, job loss, or medical bills, and simultaneously your income is reducing due to the same reason. There are many plausible and implausible reasons for filing bankruptcy, depending on the simplicity with which you could so some years ago. But today most of these loopholes have been eliminated and it is not as simple to file a simple bankruptcy case.

So you need a plan as you don’t want to consider bankruptcy. One factor that you should take into account is how you will get credit after your bankruptcy, since living without credit in today’s world is very hard. But even here there are choices and your overall plan should include methods of raising your credit score.

Once you have decided that there is no choice but to file bankruptcy, you should focus on finding a good bankruptcy lawyer. If you have used up all other resources and yet consider bankruptcy is your only feasible option, read more on filing bankruptcy or purchase do it yourself bankruptcy forms. If you’re unemployed, survive on unemployed grants, have practically no money in a bank account, don’t have a car or rent or live with others, filing for bankruptcy will not better your financial situation. The bankruptcy judge would like to see how you propose to alter your present condition so you don’t revert back to this position again after some years. Hence better discuss a financial plan with your bankruptcy lawyer.

Types of Bankruptcy

Friday, February 13th, 2009

If your debts are controlling your life, you might be thinking about declaring bankruptcy. But before taking any action, get informed about the different types of bankruptcies and their effects on your life.

The various types of bankruptcy are: Chapter 7, 11, 12 and 13. Depending on the type of debt, quantity of debt and your status whether person or a company; will decide the appropriate category for you.

The most commonly filed bankruptcy is Chapter 7. It eliminates major portion of your unsecured debts like credit cards, or loans without security. After you file, your lenders cannot try to collect their dues from you. Your assets like homes or vehicles will be handed over to the trustee, who will then sell off these items and use the money to pay your creditors. This bankruptcy will take about 6 months to finish. You can file for bankruptcy under Chapter 7 only once in 6 months.

Businesses file under Chapter 11 bankruptcy. This allows them to retain their hold over their assets. The debts are repaid over a period of few months to few years. This type of bankruptcy is meant for restructuring debts and hence can be quite complicated. Use the services of an expert attorney while filing under this type.

Chapter 12 is the bankruptcy meant for farmers. Farmers can retain their assets and pay their debts over a period of time.

Chapter 13 bankruptcy is similar to Chapter 12. You can keep your assets that would have been normally disposed off under Chapter 7. Your debt is restructured and agreement about the payments is reached with your lenders. This allows you to clear your debt over a period of maximum of 5 years. However, there is a limit on the amount of debt that will allow you to use this type of bankruptcy. This limit varies from state to state, hence check out your state’s limits. A trustee will supervise your bankruptcy. You have to send your payments to the trustee, who will then distribute it among the various creditors. If you have problems making payments, you can switch over to Chapter 7 bankruptcy.

Before discharging your bankruptcy, you have the option of halting the bankruptcy proceedings and get your bankruptcy case dismissed.

After you file bankruptcy, your credit score will go down sharply. Your credit report will show your bankruptcy for the next 10 years after it is discharged. But if you pay your installments on time after discharge, it will start going up.

Chapter 7 is the cheapest amongst all the bankruptcies. You can file under this type by yourself. But hiring a lawyer will speed up the process and give you the right advice.