What You Probably Never Knew About Bankruptcy Court

Author: mbc at 8-05-2012, 09:00, Views: 25

With the way the credit crunch has been going, it isn't just people living on the fringes of the economy – the factory workers, the secretaries, the office assistants – who have to come to terms with having the possibility of bankruptcy staring them in the face. Well-to-do business owners, are finding that the banks are just not willing to take a risk on them and extend credit. And often, they have to shut up shop. You get to see a whole new kind of proceedings at your friendly neighborhood bankruptcy court, these days.

People who used to make $70,000 before the recession and the credit crunch hit, are finding themselves in bankruptcy court declaring personal bankruptcy. They call this the middle-class recession. People who used to be mortgage brokers, real estate agents, professionals – all of these people have the hardest time making a go of it in this economy.

Filing for bankruptcy doesn't really mean that you'll find that the Bankruptcy Court excuses you of all your debts. With one kind of filing – Chapter 7, they call it –, they'll take everything you have, but excuse you most of your debts. With the other kind – Chapter 13 – you don't have all your debts excused, but you do gets to keep most of your credit score. But either way, going to bankruptcy court never get Cialis pain child's port, your student loan payments or alimony.

Category: Finance » Bankruptcy

 

Filing for Chapter 13 Bankruptcy

Author: Rhoden at 5-04-2012, 05:03, Views: 27

To anyone who's caught up in a situation of overwhelming debt, to those who can't stop the creditors from making harassing calls, to those who are drowning in intolerable interest payments, fees and penalties, the thought of filing for chapter 13 bankruptcy must seem like a vision handed down from heaven. The courts will give you a proper structured plan that will help you pay your debts down, and all the harassment stops.

They sometimes call chapter 13 bankruptcy a debt reorganization for the way the courts help you reorganize your payments so you can manage things. Most people, when it comes down to filing for bankruptcy, really hope that the courts will allow them to file under Chapter 7. When that happens, the courts give them a complete free pass out of paying off any of their debts. They can skip out of court free of everything.

Under chapter 13 though, you don't get to escape anything. What the courts will do is to make it possible for you to pay things off on your salary in due course. Of course, you do get a certain amount of freedom from your debts. Whatever you can't pay off in this way over five years though, the courts will completely excuse.

Category: Finance » Bankruptcy

 

Is it Ever the Right Thing to do to File for Bankruptcy?

Author: mbc at 2-04-2012, 08:41, Views: 18

In the state the economy is in now, there are people either in bankruptcy court already or ones considering a move to do with filing who never would have counted themselves among “those” kinds of people. Should you file for bankruptcy ever? It’s a question that deserves some deep thought.

People caught up in a crush of debilitating debt envision filing for bankruptcy as some kind of final release and closure. Never again d they have to worry about creditors knocking on their doors. There will be no more unsecured debt. No one can be garnish their salaries anymore. They feel that they've put any unpleasantness in their past behind them and they get to embark on a new life with a clean slate.

What they don't realize is that when you file for bankruptcy, it isn't some kind of bridge to a new life. Your bankruptcy goes on your credit report. You bankruptcy can stay on your credit report for seven years. In some ways, it will stay with you for even longer than that.

Category: Finance » Bankruptcy

 

The answer to the question "Should I File for Bankruptcy?"

Author: Rhoden at 30-03-2012, 02:48, Views: 13

Going out and declaring bankruptcy is just about the last resort for most people – even if they have to drag on struggling to meet all their commitments every month. Even if they have to half-starve, people don't just think that they should up and declare bankruptcy and get out of their commitments once and for all. But there does come a time in some people's lives when they do have to wonder about filing. How do you know when? To people who wonder, “Should I file for bankruptcy?”, they need to do a short assessment of their financial situation before deciding.

The basic problem with filing is that once you do, having such a thing on your credit report can make your life a living hell. But in your reluctance to do this, you can't wait until you're completely and literally bankrupt. If you're going into bankruptcy court with zero funds, that can actually work against you, too.

The first piece to the “Should I file for bankruptcy” puzzle is to find out if you really are in such bad shape. If there's anything possible that you can do to pay your bills off. Can you take up another job in the evenings or something? If you can, you really should. While that kind of hard work certainly isn't fun, you have to consider how little fun declaring bankruptcy and living with no credit score is.

Category: Finance » Bankruptcy

 

Chapter 7 vs chapter 13: Which way do you Go?

Author: mbc at 27-03-2012, 09:07, Views: 14

It isn't an easy decision to make tell yourself that the right thing for you to do in the circumstances you are in would be to declare bankruptcy. When you actually look up how to go about it though, you find out that you basically have to make your choice from among two different kinds of bankruptcy declaration. There's chapter 7 and there's chapter 13. Comparing chapter 7 vs chapter 13 to make your mind up about which is best can appear to be a rather complex thing at first.

You have your choice of either kind of bankruptcy filing open to you. However, you do have to make sure that you choose something that the court will accept. If your trustee should have a problem with your choice of section under which to file, the court may decide to side with the trustee and throw your application out. Then, you'll have to go back and file under the correct chapter.

Usually, you will get your application thrown out if you file under Chapter 7 even when you have some money to pay off at least some of your debts. The court will determine that you should not file under chapter 7 and ask for all your debts to be forgiven.

Category: Finance » Bankruptcy