May 18, 2012

Absolute Priority Rule No Longer Applies Under BAPCPA

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Bankruptcies Drop As Consumers Still Struggle

The September 2011 American Bankruptcy Institute report showed fewer individuals filed for bankruptcy protection in September holding back on spending, household debt and other borrowing. But while U.S. consumers are making their credit card payments on time, delinquencies grew...

Personal Property May Apply to Homestead Exemption

A panel of the 8th U.S. Circuit Court of Appeals has ruled the homestead exemption applies to proceeds from personal property sold with a debtor’s house unless the money was segregated from the sale or was used to pay off...

More College Grads Filing for Bankruptcy

Historically, the typical personal bankruptcy filer has been low-income and under-educated. But over the past five years, financial distress has affected more and more people with college degrees. According to a new study by a financial nonprofit, the rate...

Your Government Prefers Chapter 13

Blog writer Katie Porter has written an interesting article about how the uscourts.gov website “promotes” Chapter 13 as a preferable choice for bankruptcy. Consumers doing their own research on bankruptcy might see this as some type of conspiracy. What...

Bankruptcy Filings Drop Due To Apathy

Throughout the year, we’ve seen the reports on the decrease in consumer bankruptcies each quarter in 2011. But with the economy still in the toilet for most Americans, is the decrease really because things are getting better? Or is...

When Enough is Enough – Choosing to File For Bankruptcy

By Joseph Devine -

The popular culture and overwhelming desire to live up to one’s financial obligations can — as noble as that goal is — tremendously complicate an individual, family, or organization’s efforts to eliminate debts and proceed in a more fiscally responsible manner. By creating the impression that the inability to meet payment schedules constitutes some sort of personal or moral failing, these cultural barriers can cause people to strain themselves physically, emotionally, and monetarily well beyond the point of reason. Though bankruptcy is not simply an easy out and should not be looked at as an escape valve at the first sign of financial distress, there are many circumstances under which it represents the best and most sensible option.

The reality is that the majority of those who are driven to consider bankruptcy end up in dire straits due to significant changes that are beyond their own control. These tend to be dramatic shifts in one or more areas of life, including divorce, the loss or reduction of employment, or affliction with a substantial physical or mental illness. It is important that you bear this in mind as a factor in your own financial struggles so that you do not judge yourself harshly and that you can maintain an accurate perspective on the appropriateness of bankruptcy in your present condition.

Signs and Choices

Knowing when the time has come to draw the line and to take the difficult emotional step of filing for bankruptcy protection depends on maintaining an awareness about the specifics of your debt situation. This means taking a long, hard, and honest look at the terms and rates of your varied repayment agreements and realistically determining how quickly you can pay the debt off on your own. In performing such calculations, it is essential that you take into account all the necessary and reasonable incidental expenses so that you can accurately project your capacity to make payments.

Then weigh the following signs that bankruptcy may be right for you:

  • If you discover that your debt load is too high to pay off in a reasonable time frame
  • You have many dependents
  • Cash in accounts, including savings, is limited

A skilled and experienced bankruptcy attorney can help you to identify the best chapter under which to file for your particular debt distribution. Most likely you would file under:

  • Chapter 7
  • Chapter 11
  • Chapter 12
  • Chapter 13

For the Help You Need

If you are unsure what to do next, contact the Arizona bankruptcy lawyers of the Harmon Law Office, L.L.C.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?When-Enough-is-Enough—Choosing-to-File-For-Bankruptcy&id=2974785

 

 

9th Circuit Court Cramdown Ruling "Just Right" with Car Owner

In a recent article by Chip Giambrone of WestLaw Journal Bankruptcy, he writes about a novel decision by a California-based federal appeals court to allow a Chapter 13 debtor to “cram down” the negative equity in her auto loan...

Consumer Bankruptcies Overtake Small Business Bankruptcies in Q2 2011

In a recent, nationwide study on small business and consumer bankruptcies, Equifax identified some interesting trends that pose questions about the future direction of an economic recovery. While small business bankruptcy petitions have consistently decreased since Q2 2009, the...

Trapped in the Closet Chapter 7 or 13?

Robert Sylvester Kelly, better known as R & B singer R. Kelly, is facing foreclosure on his home in Olympia Fields, Illinois. J.P. Morgan Chase Bank filed the $2.9 million foreclosure suit against R. Kelly last month. It appears...