Posts Tagged ‘bankruptcy questions’

Common Bankruptcy Questions: The Scoop

Sunday, February 7th, 2010

Bankruptcy is the kind of topic that few people know very much about unless they file for bankruptcy or are somehow involved in the bankruptcy arena for a living. However, if you ever get to the point where you are considering filing for bankruptcy protection, understanding the most commonly asked bankruptcy questions is crucial.

Q. If I file for bankruptcy will I lose my home?

A. Probably not. But the answer depends on the particular laws in the state where you will be filing for bankruptcy protection. Although Chapter 7 bankruptcy involves the surrender of all assets to a trustee, there are a number of state and federal exemptions that allow bankruptcy debtors to keep their homes. If you don’t have any equity in your home, it has no value to a bankruptcy trustee and will not be seized. In Chapter 13 bankruptcy, debtors keep all their property in exchange for a 5-year payment plan distributed to their debtors.

Q. Can I lose my job because I filed for bankruptcy?

A. Absolutely not. Federal laws are on the books that prohibit employees from treating an employee any different from another simply because of a bankruptcy.

Q. Will bankruptcy ruin my credit standing?

A. Probably. Bankruptcy is the worst mark you can have on your credit report and will cause your credit score to take a dive. But most people already had significantly damaged credit before they even filed for bankruptcy. That’s because many people are already behind on credit card and mortgage bills when they decide to file bankruptcy. That means their credit rating has already taken a significant hit. The good news is that most people can get a credit almost immediately after bankruptcy and a car loan 6 months to a year later.

Q. Will everyone know I filed for bankruptcy?

A. It depends. Bankruptcy records are available for anyone to view in the local federal courthouse. Some newspapers print the latest bankruptcies in the community on a weekly or month basis. While bankruptcy records are not private, someone must know your name in order to look up your bankruptcy filing. So if you don’t mention your bankruptcy to anyone, the chances are very good that no one will know.

Q. Will filing for bankruptcy stop the calls and letters from creditors?

A. Yes. A key section of the bankruptcy law includes an automatic stay that is granted to bankruptcy filers as soon as the bankruptcy petition is filed. Creditors who continue to call after being notified of the bankruptcy should be referred to your lawyer, which will generally stop by all the harassing calls.

Q. Is there a chance my bankruptcy case will not be accepted?

A. Yes, but that is only in the smallest minority of cases. Statistics show that about 70 percent of all individual bankruptcy cases are Chapter 7 filings. While greater scrutiny of Chapter 7 cases has been in place since the 2005 changes to bankruptcy laws, about 90 percent of all Chapter 7 cases are accepted and eventually discharged. Most of the rest are rejected and then refilled as Chapter 13 cases. The only Chapter 13 cases dismissed by the court are those that involve fraud or abuse.

Understanding the answers to these bankruptcy questions can be essential as you decide whether or not to proceed with a bankruptcy case. Only rely on advice from a lawyer trained in the bankruptcy field.

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How to Prevent Bankruptcy

Thursday, December 31st, 2009

There are many bankruptcy questions that you to ask in order to prevent yourself from having to file for any type of bankruptcy. It is very crucial that you work out if any of these matters can be arranged by you to avoid being forced to file for bankruptcy, because you're going to find that even if you file for bankruptcy and are able to be absolved of some of your debt, it is going to be disastrous for your credit report for at least 10 years and you're going to have even more difficulty.

In order to avoid filing for bankruptcy, you have to be able to stop it from coming a long way off. The most important thing that you can do to save yourself from having to deal with bankruptcy would be to find ways to make sure that you are protecting your credit while you have it. Be thrifty with credit cards and loans; make certain to not keep back any funds out that you shouldn't keep out. Make all of your payments on time, and pay more than the minimum amount due if at all possible. Remember that this is extremely important because it is going to be the only way that you can find yourself able to prevent bankruptcy when it is just beginning.

There are other things that you can do when you sense that you are getting into financial trouble. If you are finding that you are unable to pay certain bills, you should contact each of the places separately and see what can be worked out to make sure that you are going to be making the payments on time. Most credit card companies and other places have payment plans that you can be a part of, so it is a good idea to check these out. Never be afraid to ask what your options are because the creditors are going to want to get their money from you and if you have to file for bankruptcy that often means that they aren’t going to be getting all of the money that they are owed. If they acknowledge that you're trying your best to pay whatever you are able to, you could be able to find a way to get the debt taken care of and to get back on the track to getting everything paid back. This is something that is worth considering so that you are going to be able to pay back things that are owed to you.

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Considering To Enter Bankruptcy? Are You Insane?

Thursday, November 5th, 2009

Bankruptcy lawyers – the lousy rats. They and their silly, ridiculous “Ghostbuster” style commercials – “We’re ready to believe you!”. Really, they have no shame. They would have you believe that bankruptcy is the pot of gold at the end of debt rainbow, the light at the end of the debt tunnel, the fairy godmother of your Cinderalla in debt tale.

Puh-lease.

Bankruptcy is akin to personal financial suicide. It destroys one’s credit and credit worthiness. It causes more damage than 2 sumo wrestlers going toe to toe in a crystal vase shop. What a sight that would be on the evening news.

Rather than promoting bankruptcy, I would like to make you aware of bankruptcy alternatives. These are debt relief programs that get rid of debt like gangbusters. Credit card debt is what it is – a fact of everyday life. Unless you prefer to keep a stash of dollar bills under your mattress or in a shoe box buried in your backyard, chances are you have a credit card and some amount of credit card debt.

Avoid bankruptcy – this is what we should be trying to do at all costs. So let’s discuss here in digital print why. As we mentioned, your credit score – you can kiss it bye bye if you file for bankruptcy. You can also expect the stain of a bankruptcy filing to stay on your credit record longer than a glass of merlot spilled on a white bear rug.

If you have the need to order new home utility service in the future such as gas, electric, water, internet, cable, phone – you can expect to be required to pay hefty deposits in order to get that service.

Thinking about renting an apartment? Think again. You will be denied based on your bankruptcy filing and your pitiful credit score. Folks, your average major league pitcher would have a higher batting average than the credit score of a person who files for bankruptcy.

What did that funk song from the 70’s say? … “How Looooow can you go? How Looooow can  you go?” You feel me?

Like there is no WAY your credit score could get any lower.

Debt Relief – it doesn’t have to be some John Mellencamp “Hurt So Good” kind of thing. it doesn’t have to cause harm to have some minimal benefit.

The true debt relief programs that help without causing harm include debt settlement, debt consolidation & debt consolidation loans, as well as consumer credit counseling.

If you or someone you know are struggling with credit card debt, jump online and research these programs. And never, ever get involved with bankruptcy…

or a bankruptcy lawyer for that matter. But that’s another story.

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Bankruptcy Questions Answered

Tuesday, October 27th, 2009

Bankruptcy is one of those programs that people consider when their backs are up against the wall financially. It’s usually a gut wrenching situation whereby the mortgage is months behind, car payments are falling behind, gas, electric – all these bills are probably late as well. But hopefully, food is on the table.

It’s during these stressful, emotional times that all of a sudden the TV commercials run by bankruptcy lawyers start resonating with a person. “Get out of debt today!”, “Improve your credit score!”, “Get rid of all of those bills!”, etc. Unfortunately, not is all it seems to be at first with bankruptcy.

In fact, rather than considering bankruptcy, one should in fact be considering ways to avoid bankruptcy. The reasons are as follows: bankruptcy has many troubling aspects to it. It stirs a virtual hornets nest of issues, and causes much, much collateral damage in the process, leaving a trail of financial destruction and ruin in its wake.

So what is the deal with bankruptcy? Well, for starters – it is by no means a simple walk in the park, as the bankruptcy lawyers would lead you to believe. In fact, one could argue that it is fact a rather dangerous walk in the park, say like a walk through Central Park alone at 2am, with shiny gold chains dangling around your neck. It is a minefield, and full of pitfalls.

The person who files for bankruptcy is basically destroying their credit record. It’s an implosion, basically. There will be no chance to obtain credit from anyone during this time period because creditors will view the person’s credit report as toxic. They wouldn’t touch it with a 10-foot cattle prod. And how long does a bankruptcy filing stay on the public record? Up to 10 years in many states. Imagine that.

The person who files for bankruptcy can also expect to pay hefty deposits when they order new utility service in the future – gas, electric, water, cable, phone, etc. And quite possibly they could find themselves passed over for a job, as more and more employers these days are performing credit checks as part of their routine job applicant screening process.

Therefore, it’s wiser to consider bankruptcy alternatives rather than bankruptcy itself when faced with mounting financial difficulties.

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Bankruptcy Alternatives And You

Tuesday, October 20th, 2009

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Bankruptcy is the official declaration that you cannot repay your debts. This is used only as a last resort, when you have found no other way to get out of debt. For most people, this is not a good option. Bankruptcy can only be successful if you actually have attempted every other alternative and none of these choices have worked. For some, bankruptcy could be the answer, but many options are available that you should try first. One of these options is actually doing nothing.

 

One of the biggest bankruptcy questions is can you be thrown in jail for not paying your debts. This only happens in extreme cases, like if you refuse to pay your taxes or don’t pay child support. As long as you pay these debts, there is not much a creditor can do to you. The key is, however, that you must live simply with only the basic needs until your debts are no longer collectable.

For example, a creditor can sue you for the debt you owe and take you to court. However, even if that debtor wins in court, which is most likely, he or she cannot take away your basic needs. Basic needs that cannot be taken include clothing, food, ordinary household items, like your bed and blankets (as long as they are not excessively ornate or valuable), and checks you receive for social security, public assistance, or unemployment. If you have nothing else, the creditor has nothing to take.

Be forewarned that you will not be able to save any money during this time period, nor will you be able to live with anything other than the basic human needs. If you start making an income, anything you don't use for food and other more common human needs can be taken away. A court will determine how much your salary will be taxed.

After a number of years, the debt becomes uncollectable. The basic plan behind doing nothing is that you will live simply until this time arrives. It will probably be unlike every debt you have, contingent on what kinds of debts they are. However, after that time period, you can again start saving money, living more extravagantly, and even applying for new loans. Of course, you probably will not quality, but after seven years, all past debts are wiped clean from your credit history.

This method takes time and is not for everyone, but if you don’t want to declare bankruptcy, it is an option you have. Talk to a financial professional person if you would like to figure out the best course of action for you and your life style.

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Public Bankruptcy information

Saturday, September 19th, 2009

If one thinks that the individual may be directing towards default and registering bankruptcy, the issue of public bankruptcy information is one that the individual is going to require to become very educated on. Bankruptcy registering are public text file so this means that all the creditors can appear at them and so there is actually no hiding out from it, disregarding how much one may want to.

If one wants to have the best, and most cutting-edge public bankruptcy information that one can, there are two important steps that one is going to want to take.

Talk to Your Financial Advisor

If one wants to get more enlightened on the topic of public bankruptcy info, one of the primary things that one should do is get in to the bank and talk to the fiscal advisor.

They’ll be able to appraise the tangible finance bearing, and often times search another route that one can take so that one don’t have to call bankruptcy and one can still come back on the feet.

This is a really good method to get public bankruptcy info because here one has somebody chatting to the individual one on one, that will ensure that one is really understanding all this free bankruptcy info that one is being said, and so one will basically know what one is taking into.

Do Some Research

In colligation with this, if one wants to study the most all but public bankruptcy information, one is going to need to do some studies on their own time. The net will be especially utile here, as all one requires to do is go onto any search engine, such as Yahoo!, and typewrite in what one are anticipating for, after which one will be given with an align of information.

The more one knows in a position like this the fortunate one is going to be. After all, it is the financial future at bet on here and so one is going to need to take it very earnestly. Even if one knows nothing about finances, taxes and all of that, one can become enlightened adequate just by following these two steps here.

Even if one do not entirely understand it, by studying as much as one can feel much more comfy addressing with this procedure and be able to better acknowledge whether there are still other things one can do without getting to file for bankruptcy, which will be a severe financial loss.

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Helpful Bankruptcy Questions When Time Comes

Friday, August 14th, 2009

When you are in deep trouble with your finances, you may have tried just about everything to get out of your hole. Some like to go through credit counseling or get debt consolidation loans. However, those things dont always work for everyone.

In some cases, families or individuals find that bankruptcy is the only option that they have. Though this seems like the easy way out, most wont advise it unless it is the only thing that can save them financially. Before anyone goes about doing this, they had better ask the right bankruptcy questions before they begin.

First question to shoot would be to fly solo or ask assistance from a lawyer. This can vary from each person, most are better off having a lawyer to assist them. Your lawyer can clear up any issues that you might not understand during the process.

Doing more research on bankruptcy lawyers can answer some of these questions. You may even find a great one through the Internet if you look around.

Another of the most important bankruptcy questions that anyone should ask would be what this will do to their credit. Though some think that they are going to be better off, that is not always the case.

You can get credit after bankruptcy, but it is not always the credit that you want, and it will come with a very high interest rate. Credit consolidation loans and other options should be considered first because they will not be as harmful to your credit situation as bankruptcy will be when it is all said and done.

Some of the crucial questions that people need to ask include the length of the process, and if there will be any debts that won’t be covered. Showing up in court for a hearing is also expected unless your lawyer can find a way to skip this one. It’s helpful to know that certain loans are not covered by bankruptcy applications, such as student loans and sometimes car refinancing loans.  This means your obligation to the lending company will continue, and this will go in your record still. Filing for bankruptcy does usher in a new beginning, but don’t expect that it will be all good after that.

You may also find that some debts like student loans are exempt from bankruptcy. That means you will still owe that money once you have gone through the process, and it will still be on your credit report. You can think of bankruptcy as a new start, but one that definitely comes with a price.

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Which Is Worse–Debt Settlement Consolidation or Bankruptcy?

Tuesday, August 4th, 2009

Many lawyers will take loads of cases, leading their clients into bankruptcy, rather than helping them to find a solution. The lawyers are paid large amounts for their work; therefore, they are out to make a buck in most instances. Now, if you are in debt and need help, you should make a visit to get your Bankruptcy Questions answered at your attorney’s office as your lost resort. There are a number of solutions for settling your debts, including debt management, debt consolidation, debt negotiation, and even do-it-yourself strategies.

In other words, if you want to cutback, find ways to make extra cash, work toward paying off your debts to avoid bankruptcy and the subsequent lawyer fees.

If you have recently ruined your credit or filed for bankruptcy, repairing your credit is the most important thing you will ever do. If you have bad credit, it will always be hard to get an apartment, to get a house, to refinance a loan, or to get any other form of credit loans, including even credit cards.

Similarly, if you have not established credit, it is frequently easier said than done to get a line of credit from most banks. Consequently, it is imperative that you protect your credit rating. There are more than a few ways to build credit, as well as to repair credit. If you are repairing your credit, it will usually take around six months before most banks will allow you to apply for a loan; however, since more than 4% of the population is in debt, companies are coming up with solutions to help these debtors out.

United Way and Credit Unions have joined together to help millions resolve their credit issues every single day and get out of debt. If you want to rely on an honorable source to help you, then United Way or Credit Unions for debt consolidation are your best bet.
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Sometimes, when we owe money, it seems like the bottom has dropped from our glass. When it comes to debt relief and repairing credit ratings, the road always seems uphill. One of the best solutions for getting out of debt is finding a way to pay off your bills. If you elect to go with a debt consolidation program, then look for a program that will not charge you high rates of interest, costly monthly fees, and so forth.

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