Posts Tagged ‘bankruptcy’

What are bankruptcy assets?

Wednesday, February 4th, 2009
by Josh Ramos

Despite the fear and misconceptions surrounding bankruptcy, many people find it to be a legitimate way of getting rid of their debts. Still, many people wonder about what will become of their assets if they declare bankruptcy. This concern is quite understandable, so we need to understand the basic forms of bankruptcy.

The most common form of bankruptcy is known as chapter seven bankruptcy, which is designed to completely do away with your debt problem. The disadvantage of this kind of bankruptcy is that you’ll have to give up some of your assets (if you have any) to help pay your obligations.

In contrast, chapter 13 bankruptcy creates a repayment plan which you follow for about 3 to 5 years. Chapter 13 doesn’t get rid of your debt, but neither does it require you to liquidate your assets.

So, if are trying to get rid of your debt completely, then chapter seven would be the way to go. The problem is that you may have to sell off some of your assets in order to help pay for the debts that you owe. This is called liquidation, and it is a part of chapter seven bankruptcy.

Now, you probably don’t have all that many assets if you’ve reached the point of filing for bankruptcy. It’s no surprise that most chapter seven bankruptcy cases are considered no asset cases, which means that the consumer doesn’t have anything worthwhile to sell.

That brings us to a question of the two principle assets that most people are concerned with: their house and their car. In most states, there is a homestead exemption which helps to protect the family’s a house from creditors. However, the specifics depend on many factors including the state in which you reside, as well as a value of your house and how much you owe.

As we stated above, there are many details to be worked out, which is why it is so important for you to find a bankruptcy lawyer to help you through the process. Otherwise, you’re unlikely to be able to navigate all of the legal jargon and reach your goal of debt relief.

However, it helps to learn as much as possible before speaking with your lawyer. You should continue to learn about your options with regards to bankruptcy from articles like this one.

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Is Bankruptcy the Correct Choice for You?

Monday, January 26th, 2009
by Harvey L. Cox

Current economic circumstances are making a lot of people who have never before considered filing bankruptcy to now consider it as a potential answer to their financial difficulties. The problem is that not everyone can be assisted by filing bankruptcy. So, if you’re one of those people who has never, until lately, given thought to filing bankruptcy, you need to know whether bankruptcy will assist you or not.

Should You Even Be Considering Filing Bankruptcy?

As unusual as it sounds, there’s no common test you can take to see whether bankruptcy is proper for you. You don’t need a particular level of debt. You don’t need to earn less than a particular sum of money. And, you don’t even need to be in arrears in payments to your creditors.

Bankruptcy isn’t a decision you make by checking off boxes on a flow chart. Bankruptcy is a personal decision. But, it’s a personal decision that’s based on specific factors in your life. They are some of the things you need to consider before deciding one way or the other about bankruptcy.

1. Are you in financial trouble? You may be in financial distress if you’re having difficulty paying the minimum payments on your credit cards. And, if you’re scarcely able to keep necessaries like food, clothing and shelter you’re likely in financial trouble.

2. Do you live paycheck to paycheck? If you had even a small health issue, would it put you in a financial crisis?

3. Are you judgment proof? Put differently, do you have no assets that can be seized and sold to pay off your indebtednesses? You may not need to file bankruptcy if you’re judgment proof. Then again, judgments do stick around for a while. Each state’s judgment rules vary on exactly how long a judgment can hang around. But, what you need to consider is that your current bad situation may, and in all likelihood will, improve in the future. If it does, those judgments that were of no interest during your financial crisis will interest you because you could be looking at the seizure of your future assets. Most lawyers will give you a free bankruptcy consultation. You should use it to talk about this particular issue.

4. Are creditors and collection agents harassing you? Bankruptcy is one alternative to halt that harassment. But, you can also stop it with a letter writing campaign under the federal Fair Debt Collection Practices Act and affiliated state law fair debt collection laws. But, bankruptcy is in all likelihood the easiest choice if you’re being harassed and you’re in financial trouble (see #1).

5. Are you facing foreclosure? You’ll be able to block a foreclosure by filing a Chapter 13 bankruptcy. Chapter 13 lets you to restructure your debts and pay your mortgage arrears over time.

Will Bankruptcy Help You?

Bankruptcy won’t give you more income. So, if you don’t make adequate money to support your life-style, bankruptcy isn’t your answer. You either need to lower your expenses or increase your income. You may even need to do both. But, you don’t need to file personal bankruptcy.

Bankruptcy also won’t help if your primary debts are non-dischargeable debts. Bankruptcy law defines those debts that are dischargeable and those that are not. The following is a compact listing of some non-dischargeable debts in a Chapter 7 Bankruptcy under current bankruptcy laws.

* Current taxes and government penalties

* Your Child Support

* Criminal files or restitution ordered by a court

* Personal injury awards where the debtor was drunk at the time of the incident

* Debts that aren’t listed in the bankruptcy filing

* Student loans (exceptions exist but it’s almost impossible to meet the requirements for them. So, it’s advisable to consider student loans as non-dischargeable)

* Debts that were part of a prior bankruptcy case and that weren’t discharged

Concluding Considerations for Personal Bankruptcy

Making Up One’s Mind whether to file bankruptcy isn’t an uncomplicated decision. But, it’s a decision you’ll be able to make if you take a reasoned and well-balanced approach to it. As part of your consideration, you’ll need to consider your emotions, your background, your religious beliefs and your values. So, look at the following:

1. Do your own research. Learn everything you can about bankruptcy.

2. Keep your future in mind. Think of how you’ll feel when the case is all over and you’re out from under a stack of debt. How will you feel about yourself in 6 months or a year? Will you be delighted with your choice to either file bankruptcy or not file bankruptcy?

3. Find the correct bankruptcy attorney for you. Nearly all attorneys will give you a free bankruptcy consultation. Use that free consultation to interview the lawyer. But, when you start questioning bankruptcy lawyers, don’t base your final hiring decision totally on price. It will be enticing to employ the most low-priced. After all, you’re in a financial crisis so the more inexpensive the better, right? That’s not always the case. Question the lawyer first. Be sure you’re a good match with that attorney. Your bankruptcy lawyer will be working for you so you need to be comfortable with the whole approach to your case. You need to feel good about the fundamental interactions you have with the lawyer and staff. You want a bankruptcy lawyer who will help you through this crisis in a positive way. You don’t want to feel judgment or disapproval from either the lawyer or the staff.

4. Filing bankruptcy is a moral decision. Don’t kid yourself into believing it’s not. But, you do have to make the decision that’s best for you and your household. So ask yourself: “Is it more respectable to fight a losing financial battle that places your family’s future at risk in an attempt to pay back old debt?” Or, is it more respectable to admit you did your best, you couldn’t make it work and you need a fresh start that will permit you to devote your personal time and effort into activities that will more positively impact your family’s future?”

Only you can answer that question. Take your time. Make the right decision for you and your household. Once you’ve made that decision, have faith in your power to make the appropriate choice. Then, go ahead knowing that your financial troubles will soon pass.

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Bankruptcy is not an Option

Friday, January 23rd, 2009
by Paul J. Easton

The news may say that the recession is over but for many families, the situation is just beginning to worsen. Most households still find themselves in a personal financial failure.

Bankruptcies are filed at records high with the stigma touching their lives in very startling and appalling ways. Prospective employers will still consider credit reports as references and jobs will be more difficult to find in the future. With these fears that surround us all, it seems that we are all desperate for help.

Analyze your situation. Are you in debt but still believes that you can still get out of this mess? You should know from yourself that you can get rid of debt. It will take a lot of discipline and emotional turmoil to overcome this debt misstep of yours, but it can be done.

If you are only aware of the best methods to get out of this circumstances coupled with the right amount of strength of mind, you can escape this very soon. Find out why bankruptcy might not be the best option now.

Make over your money habits. Now that you are in debt, you are like a slave of the credit card companies. It would make a sense when in reality, you really don’t have your true freedom to use the money you earn to help yourself or your family.

Debt is a method where the banks get wealthy and leaving you working for them. Admit it; you spent more with the use of your credit cards in your shopping splurges before. Unfortunately, even with paying the minimum bills on time, you are still not beating this system. But the bad news is that most families really don’t pay on time.

Vigilantly examine your financial situation so that you don’t deepen yourself more into debt. Only with being aware of your accurate financial status will you be motivated to spend less and pay your debts on time.

However, paying the debt on time is not the only answer to the problem. It is just a part of the whole picture. You have to pay twice the minimum payment due to at least fully pay the credit card debt as soon as possible. Maybe get another job and ditch the plan of getting that new iPod next month or things that would not necessary be important. By dropping these expenses and having another source of income, you will definitely come up with the amount required to pay at lead twice the minimum. Anyway, this is just temporary until you get out of this problem. Get debt-free now with more overlooked techniques on how to get rid of debt here.

This will be an emotional roller coaster ride so be prepared well. This is a hard reality check so be realistic with the situation. Getting out of debt may be hard but bankruptcy is way harder. Just be resilient and in no time, you will through this storm.

For more advices on methods how to get rid of debt, go to http://www.Howtogetridofdebt.net/ by Paul J. Easton.

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Ultimate Debt Guide - Get Out of Debt With Debt Consolidation?

Wednesday, January 14th, 2009
by Ash Ford

How to get out of debt by not filing for bankruptcy or by signing up to a long-term debt relief plan which has the potential to push you even further into long-term debt and financial disaster is one of the key objectives of The Ultimate Debt Guide is a course.

Anyone in debt will tell you that it’s very easy to get into debt and be in over your head with loans, credit cards, car payments, mortgages etc. Finding a way out isn’t that easy and the Ultimate Debt Guide is a short course that shows you how to do it fast

The Ultimate Debt Guide was created by a guy called Scott Stephen. Scott has experienced things first hand and is a person who in every sense of the word has “been there and done that.” The Ultimate Debt Guide is full of quick and easy-to-use information.

For a guide on how-to get out of debt, this is one of the more practical guides available anywhere. The Ultimate Debt Guide covers things from the viewpoint of a person who has searched for solutions that work and compiled them into one place. See for yourself how each plan in the book/course works and get an opportunity to try them out for yourself. That way you decide which one works for you and not someone else.

What are you looking for? Is it authoritative information on debt consolidation? debt consolidation loans? credit card debt? debt cures? You’ll discover a lot of useful information in The Ultimate Debt Guide. Select a plan that fits your situation and make your own informed and sound decisions without being pressured by time or a lack of time. Whatever you do this will move you forward.

Here are some of the phrases included in the handy glossary included with the Ultimate Debt Guide - debt consolidation; debt; debt consolidation loans, credit card debt, debt relief, debt settlement etc. There are many more phrases that you’ll discover and these are the ones you need to understand in order to beat the credit cards and other debt related companies at their own game. I now know a lot about the issue of bankruptcy and debt relief and why it didn’t work for me at all.

The Ultimate Debt Guide ebook and course provides you with information on how-to get debt management companies off your back and reveals little known secrets about how-to get them to remove your debt and forget about you. The dirty truth about the credit card companies and the game they play game is clearer to me now and you too will learn why so many people are kept in debt to the credit card companies their entire life.

The Ultimate debt guide will open your eyes and help you become debt-free quicker than you ever thought possible. In under six-months (not including my mortgage of course). I’ve really made headway by using little known methods that many have no idea even exist.

The Ultimate Debt Guide has shown me how to get the credit rating I deserve. Credit bureaus, with your help, can make sure your credit rating is back to what it was before your financial problems started. I never had a clue that I could get my financial life back (so as to speak) so easily.

Consider The Ultimate Debt Guide as a key tool in your strategy to become debt free now because it’s a must if you’re currently suffering under a huge burden of debt of any kind and you’re desperately seeking a way to get out of debt and become totally debt free as soon as possible.

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Get Out of Debt Fast With The Ultimate Debt Guide

Wednesday, January 14th, 2009
by Ash Ford

How to get out of debt by not filing for bankruptcy or by signing up to a long-term debt relief plan which has the potential to push you even further into long-term debt and financial disaster is one of the key objectives of The Ultimate Debt Guide is a course.

As any person who is in debt can tell you, it’s just too easy to slide into debt and be overwhelmed with credit cards, loans, mortgages, car payments etc. Discovering a way out isn’t that easy but the Ultimate Debt Guide is a book and a short course that shows you how you can become debt free quickly.

The Ultimate Debt Guide was written by Scott Stephen. He has first hand knowledge of debt having been there himself. Whichever way you choose to look at it Scott has “real-world” experience of dealing with debt and coming out on top.

The Ultimate Debt Guide covers all areas on debt cures and debt reduction giving the true facts. It also covers other important issues such as debt consolidation loans, student loan debt consolidation, the fair debt collection practices act and credit card debt relief to mention a few. This is from a person who has investigated debt cures in detail.

Select the type of approach that suits your individual circumstances. The ability to make a sound decision without being pressured by some financial consultant is really good. You’ll be able top do this thanks to The Ultimate debt Guide.

You’ll find a glossary of debt related terms included in the Ultimate Debt Guide. There are lots of key financial phrases that are easy to understand but that no one ever bothered to explain. For me, I now know a lot about the topic of debt relief . The Ultimate Debt Guide additionally explains how the debt-relief companies operate and why you should avoid getting involved with in them if you aim to ever get your debts paid off.

The whole truth about the credit card game is clear to me now and you’ll learn why numerous people remain in debt to the credit card companies their entire life. This course gives you information on how to get these types of companies off your back and even how to get them to forget about you and remove the debt.

My eyes were really opened by The Ultimate Debt Guide. It has helped me become debt-free in under six-months, not including my mortgage of course which I’m still paying for as a “good debt”. There are just so many secrets to becoming debt free that the ordinary person in debt is not ware of it’s scary. You’ll see what I’m saying just after reading the first few pages of the book.

The Ultimate Debt Guide will show you how-to get the credit rating you deserve. Credit bureaus, with your collaboration, will make sure your credit rating is what it was before you got into debt. I didn’t have a clue that I could get my financial life back (so as to speak) this easily.

The Ultimate Debt Guide is a must if you’re currently suffering under the burden of debt of any kind and you’re looking for a way to get out of debt and become debt free legally and as soon as possible so you’re no longer in over their head without being able to see a way out.

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Is Debt Management the only solution out of this debt problem?

Thursday, January 8th, 2009
by Phillip Evans

A report out from the UK Insurer AXA suggests the UK public is drowning in debt with 11.6 million people (25 per cent of the adult population) saying are under pressure financially with a momentous number, around one million three hundred thousand people, admitting their finances are entirely unmanageable.

The insurer goes on to say that over a million UK residents have borrowed too much credit and are now struggling to keep up their repayments, with less than 4 million struggling to manage their credit card bills.

County Court Judgements CCJ’s issued to the personal consumer has increased to their highest level since the beginning of 2007 and half a million home owners with mortgages where threatened with repossession or court action.

In England and Wales CCJs rose by 17.4 per cent year on year to 223,519, their highest level since the first quarter of 2007, according to figures published by the Registry Trust, the public interest company which manages the register of judgements, orders and fines on behalf of the Lord Chancellor. This represents an increase of 24.8 per cent from the second quarter of 2008.

Individual insolvencies in England and Wales increased to 27,087 in the third quarter of 2008, up 8.8 per cent from 24,893 in the previous quarter.

17,341 people went bankrupt, which has shot up 12.1 per cent from 15,463 in the second quarter of the year, and 9,746 individual voluntary arrangements (IVAs), which is up 3.3 per cent from the three months before.

The sharp rise in corporate and individual insolvencies merely reflects the treacherous economic conditions people and businesses continue to face through this deteriorating recessionary backdrop; making an even sharper rise in both business and personal insolvencies look inevitable in the coming quarters of 2009.

It was hoped that the SIVA, planned for release in early 2009 would help with some of the debt burden, however, the Insolvency Service has just abandoned the concept.

For consumers with debts up to 75,000 a SIVA, being the simplified IVA and would have only required that a simple majority of your creditors to accept the proposal for insolvency, was planned for April 2009.

The British borrower drowning in debt not wishing to go bankrupt really should consider both the individual voluntary arrangement or a more informal debt management program to help get your debt problems under control.

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Be careful with Individual Bankruptcy

Thursday, January 8th, 2009
by Sim Peters

If you are in a situation where you realized that you have debt collector on one side and no way to repay the debts on the other, it is easy to feel as though you are in-between a rock and a hard place! This is very true in today’s economic situation, where people are going to be laid off. To a number of people, Bankruptcy is a route that is weighed. When you are considering filing for individual bankruptcy and wants to get a fresh beginning, you have to find that there are many things that you want to consider.

First issue that you want to understand when you are considering filing Individual Bankruptcy is that the U.S. Bankruptcy Code had been reviewed and revised in October of 2005. These revisions made it hard to file for bankruptcy, and there is a lot to be said for making sure that you have a professional on your side! If you want file for bankruptcy, and you want to make sure that you are in a position to get the right results from the whole process, to ensure that you go to a professional local bankruptcy lawyer who will give you a reliable advice of how to proceed and how to make sure that you are going to get the outcome that you need.

These are important Bankruptcy Assistance that you need right now.

When you are preparing to file for individual bankruptcy, keep in mind that you have to stop and ponder about organization. Virtually every piece of document that has something that involves money on it will need to be brought in to play, ranging from bank statements to paycheck stubs to copies of loans. Gathering them and into some semblance of order will give you and your lawyer a much better view of the situation and what may be the recommended route to proceed.

When you are in a spot where you want to go forward and when you want to make sure that you are will be getting the expected results that you need with your financial state.

This is a big process to take, and when you are looking at sorting out what has to follow, remember that the more illumination you have on the procedure, the better off you are going to be!

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Bankruptcy Assistance Help

Tuesday, January 6th, 2009
by Jon Pete

The current economy isn’t in a good shape, there isn’t a positive note in the near future, a number of us have had to control our money and make hard choices! The sad truth is that you may very well find yourself in debt and you have a problem to settle the debt. In that situation, one of the first solutions that should come to mind is bankruptcy. Remember, though, that declaring bankruptcy is not really as easy as it may look. When considering bankruptcy, remember that bankruptcy assistance is an area that you need to consider.

When you are considering bankruptcy assistance, keep in mind the idea that bankruptcy is actually a fairly complicated matter. There are six different chapters of bankruptcy that are delineated under law, and althought most frequently you will find that you are in a position to file under Chapter 7 Bankruptcy or Chapter 13 Bankruptcy, there are still many things to consider. Unless you have enough bankruptcy assistance on your side, you may fall into a trap of long term payments and be forced to be tied in deeper financial woes; worst still, and your credit score will drop drastically as well!

If you are do want to go with bankruptcy procedures, note that you do not necessarily want to go ahead by yourself. There are people who file without professional help, and in many ways, this is something that they will grow to regret. Never leave things to chance when you are looking for bankruptcy as a solution.

When you can get good bankruptcy assistance, you will be in a position to stop and really consider other options. Are you able to get out from under all of your debt free and clear, or did you look at what sort of payment plan needs to be set up? It will make a big difference when it comes to filing, and they are all firmed up, you will find that a number of amatuers are not in a favorable position to make these decisions on their own.

Whether you see that bankruptcy assistance is something that needs to happen, or you are still procrastinating on the idea if bankruptcy is for you, you will find that this is not a decision that you want to go through on your own. Getting a local specialist who can make you make the right decisions at this decisive position is something that is quite necessary, and if you want to make sure that this is the choice that you don’t come to disappointment, it is important to find assistance immediately.

Getting good bankruptcy assistance can help you get around this difficult time and live through it relatively unscathed.

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Yes, You Can Get Out of Debt

Wednesday, December 31st, 2008
by Eileen King

as you already know, our economy has gone sour and many families are suffering. Thousands of companies have declared bankruptcy and millions of adults are unemployed. Banks are closing their doors and money is tight for everyone. Financial problems are rampant worldwide. Where do we turn for help when we feel that we are drowning in overwhelming debt?

As overwhelming as it may seems, it is possible to get out of debt without taking bankruptcy or other extreme measures. Credit repair experts will tell you that the road to financial recovery starts with a debt reduction plan. And, of course, being committed to the plan is equally important.

In making your plan to get out of debt you will need to gather all of the facts. How much do you really owe? What interest rates are you paying on credit cards? Your auto loan? Your mortgage? Write this information down and do not overlook anything.

Next, make a list of all of your living expenses and the financial obligations you regularly incur each month. The list should include all of your monthly payments: credit cards, house payment or rent, car payments, utilities and insurance - everything. Until you know exactly what you owe, it will be difficult to construct a plan to get out of debt.

Once you have made a list of your current financial obligations it is time to make an appointment with an approved credit-counseling agency that has the met the requirements of the US Bankruptcy Code. Take the list of your debts and expenses when you meet with your credit counselor the first time. He or she will assess your situation and make recommendations. It is also possible that he or she will contact with your creditors to help you reduce your payments and/or your debts.

There is help for overwhelming debt if you make a plan and commit to it. Whatever you do, do not let feelings of helplessness overpower you. Instead, simply take the necessary steps to get out of debt and achieve financial freedom. It can be done.

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