February 7, 2012

Today, Filing Bankruptcy Might Be A Great Investment

By Lisa Michelle Jones -

Spending money to file for bankruptcy almost sounds counterproductive, but it could be the best investment your family ever made. In today’s economy, banks are only paying barely 1% for money in one’s savings account. The volatility of the stock market makes it a terrible investment for anyone that needs a long-term return. Today, most Americans are buried under a mountain of credit card debt and are continuing on making the minimum payments just to keep those accounts open. Most people think that taking money out of a savings account to pay off credit card debt is off the table even though they are probably paying 26% interest on a credit card and receiving 1% interest on the savings account. Most people understand the whole concept of protecting what assets you have for a rainy day. That’s why, if there is no way out of debt, filing bankruptcy should be considered.

Back in 2010, the Wall Street Journal reported that the average American household had approximately $40,000 in personal debt. This is a substantial amount of debt that is next to impossible to pay off considering the interest rates being charged. An easy test for a person to take is to add up all their credit card bills and budget a monthly amount that is affordable to pay on the debt. If the debt cannot be paid off in six years if there are no more charges to the account, a bankruptcy filing should be considered. Filing bankruptcy can be a way to regain control of an individual’s life and pocketbook. Doing nothing, might seem tolerable and safe, will keep the individual in bondage to those debts for life. Most people have to weigh the positives against the negatives before deciding to file for bankruptcy. The easiest way to do this is to drop in on a bankruptcy attorney and have them take a look at the individual’s financial situation. The other way is to just do some research on the Internet.

If someone is on the fence and having trouble deciding on filing bankruptcy here are a few things that might sway their decision.

    1. Right now is a good time to file for bankruptcy because the economy is down and the value of the individual’s property is much lower making it easier for the bankruptcy attorney to protect more property with the bankruptcy exemption laws.

 

    1. Eliminating the stress is probably the best reason but usually not considered in the beginning. Stopping the creditors from constantly calling and threatening an individual can ruin a person’s health and marriage. Protecting one’s health should be at the top of the list.

 

    1. Not filing bankruptcy because you’re worried about your credit report is foolish. Usually when a person gets to the place where bankruptcy filing is on the table, the person’s debt ratios and late pays have probably already destroyed their FICO score. After the bankruptcy discharge, the individual can quickly start rebuilding their credit putting the bankruptcy far behind in the rearview mirror.

 

    1. Depending on the age of the individual filing for bankruptcy, a person should not wait until they are ready to retire. Facing bankruptcy head-on will allow the person to recover before retirement.

 

    1. With the large number of families facing foreclosure, filing bankruptcy will eliminate any liability on a piece of property that the individual might want to surrender back to the creditor. It also can help an individual avoid foreclosure by eliminating all the unsecured debts that in many cases will free up enough money to make the mortgage affordable.

 

  1. Filing bankruptcy will stop foreclosure. Filing Chapter 7 bankruptcy will stop foreclosure at least temporarily. Depending on the situation, the creditor has the right to file a relief of stay allowing them to restart the foreclosure process. Filing Chapter 13 bankruptcy is a better option when the individual is filing for bankruptcy for the reason of protecting a piece of property. All individual’s situations are different and should be discussed with a bankruptcy attorney as the results very.

For those in debt, inaction or pecking away at it slowly will solve the problem. People in this situation should consider discussing the matter with a bankruptcy attorney to see if filing bankruptcy will work for their situation. Many people find out that the facts they thought they knew about bankruptcy are more based on myths than understanding.

The author is a professional that formed FilingBankruptcyNow.Com which provides information for debtors considering filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy and helps individuals stop foreclosure and eliminate their debt by putting them in touch with a local bankruptcy attorney.

Article Source: http://EzineArticles.com/?expert=Lisa_Michelle_Jones
http://EzineArticles.com/?Today,-Filing-Bankruptcy-Might-Be-A-Great-Investment&id=6737297

 

 

Myths of Filing for Bankruptcy

By Sandra Oswalt -

As a common form of debt relief, bankruptcy is a legal process that allows a debtor to liquidate their debt or consolidate and repay their debt. The two most common forms of bankruptcy include Chapter 7 and Chapter 13 bankruptcy. Chapter 7, known as the “debt liquidation” bankruptcy, allows a debtor to liquidize a majority of their debt in a short period of time. Chapter 13, on the other hand, gives a debtor an opportunity to pay back their debt in affordable monthly payments over a period of three to five years.

While bankruptcy is such a beneficial and resourceful tool, it still has a negative stigma due to the many myths that surrounding this area of the law. Fortunately, a bankruptcy attorney with experience in this area of the law will be able to help you, as a consumer, establish the difference between fact and fiction when it comes to bankruptcy law. The following are several myths uncovered by a bankruptcy attorney.

Myth #1: Only fiscally irresponsible people file for bankruptcy.

This is far from the truth; many people who file for bankruptcy are simply in the working class, middle class, lower class, upper class and every class in between who are unable to keep up with their monthly payments. A person can reach debt in many different situations, including divorce, sudden illness, death of a spouse, car accident, or even due to unpaid student loans. Even the most financially responsible individuals may be thrust into debt and forced to file bankruptcy at some point in their life.

Myth #2: A debtor will lose everything that they own by filing for bankruptcy.

While this may appear to be true and is a valid concern for many people struggling with debt, a debtor may not necessarily have to give up their possessions to file for bankruptcy. In fact, some forms of bankruptcy can actually protect your possessions. With Chapter 13 bankruptcy, a person can save their home from foreclosure.

Myth #3: A person who files for bankruptcy will never rebuild their credit.

This myth is the least bit true. In fact, many people who file for bankruptcy are often given second chances by banks and other lenders. Sometimes, after a person faces the troubles of bankruptcy, they become even more financially aware and conservative with their spending; therefore proving that they can rebuild their credit and manage their payments. If you wish to rebuild credit after filing for bankruptcy, you may be able to open a credit card with a limited balance as long as you are sure to pay off the credit card on time.

Myth #4: Everyone will know that you filed for bankruptcy.

While it is true that bankruptcy records are public, you will most likely not be found out by anyone unless you tell them personally. The truth of the matter is that so many people file for bankruptcy that the public records are flooded with names; a person would have to search for days and be looking specifically for your name.

If you are considering bankruptcy, but believe that the negative stigma associated with filing is stopping you, do not wait to call a bankruptcy lawyer. You will be immediately informed as to your rights and the options you have, including Chapter 7 and Chapter 13 bankruptcy.

At the Oswalt Law Group, PLLC, the Phoenix bankruptcy attorneys have years of experience in the area of bankruptcy, foreclosure defense and tax law. Recognized as an accredited business by the Better Business Bureau, the legal team can provide you with the resources and information you need to file for bankruptcy in Phoenix, Arizona. If you have been struggling with an overwhelming amount of debt and are seeking a method of debt relief, call a Phoenix bankruptcy lawyer from the Oswalt Law Group, PLLC today for a free evaluation of your case.

Article Source: http://EzineArticles.com/?expert=Sandra_Oswalt
http://EzineArticles.com/?Myths-of-Filing-for-Bankruptcy&id=6717124

 

 

Pitfalls to Filing Bankruptcy and How to Avoid Them

By Gary E Smith -

Arizona Bankruptcy Information

Filing for bankruptcy can be a stressful time in your life. It is important to realize that you are not alone in filling your Bankruptcy and that there are certain things that you as a debtors must be aware of when filling. Few people realize that when you file for bankruptcy it can lead to long-term repercussions. That being said sometimes there is no other viable option and it is important to know about certain pitfalls which can be avoided when filing for bankruptcy. Below are some things to be aware of to avoid some of the pitfalls of bankruptcy.

1. Transferring the asset value: When filing for bankruptcy many debtors want to get rid of all there debt but they do not want to give up any of there assets. So to protect there assets from the creditors they may transfer them to other people including family members and friends. This strategy can sometimes backfire and may not work when filling for bankruptcy. Recently transferred property and assets have to be disclosed to the bankruptcy trustee. Any assets that are transferred erroneously could be stopped by the courts and the courts could prevent the transfer from taking place. I caught transferring property without notifying the trustee could result in your bankruptcy being voided or rescinded by the trustee. There are specific guidelines of what assets are exempt in a bankruptcy these guidelines are specifically design to help you protect all or certain portions of a debtors assets while filing for a bankruptcy.

2. Transferring of credit card balances: Often times debtors attempt to transfer credit card balances prior to filling bankruptcy. This can shift the burden of debt from an older creditor to a new one and free up more credit to the debtor. This may allow the debtor more time to arrange for repayment of debt but the new creditor may strongly protest the debt and argue that the new debt should be presumed fraud, especially if the amount of debt is over $1500 dollars and the transfer date takes place within 60 days of filling bankruptcy it is best to avoid this practice as it may send up a red flag and leave the debtor open for more headaches.

3. Repayment of loans to family members: In the bankruptcy rules and guidelines The debtor is required to treat all creditors equally. The bankruptcy courts do not want you to choose to repay some creditors prior to others this includes family and friends. The trustee appointed by the bankruptcy courts holds the rights to pursue family and friends and receive some or all of the funds made available to them as a creditor. A debtor is required to list all debts owed to creditors this includes family and friends. and assuming there are no objections to the discharge of funds from other creditors then in some cases the debt can be officially redeemed the particular family member or friend or in any manner deemed fit by the debtor.

4. Avoiding certain debts while declaring the bankruptcy petition: As a debtor you are legally required to list out and clearly identify all debts outstanding at the time of filling your bankruptcy petition. If as a debtor you wish to retain any debts for things such as houses and automobiles when filling for chapter 7 bankruptcy protection, a debtor is required to sign a reaffirmation agreement with the bankruptcy court. A reaffirmation allows a debtor to continue paying a dischargeable debt after the bankruptcy. this is usually to keep collateral or mortgaged property that would otherwise be subject to repossession.

5. Ignoring litigations: Many debtors fear litigations and lawsuits when filling bankruptcy they may find it difficult to respond to summons in the mail. In many cases when the debtor has filled for bankruptcy and receives a summons there bankruptcy attorney can fax the case information to the creditors legal representative and get the litigation dismissed. I f the debtor has not filled for bankruptcy but is in the process of preparation it is best to attend the court hearing and ask for a continuance then file for bankruptcy relief

http://www.ArizonaBankruptcyInfo.com is a resource for consumers who are considering filing for bankruptcy. We have gather information and have brought it all together in an easy to follow format that includes basic knowledge and information need in making a decision on whether or not to file for a bankruptcy be sure and watch our video’s a 9 part series on bankruptcy info videos can be seen here http://arizonabankruptcyinfo.com/bankruptcy-video-information.html

Article Source: http://EzineArticles.com/?expert=Gary_E_Smith
http://EzineArticles.com/?Pitfalls-to-Filing-Bankruptcy-and-How-to-Avoid-Them&id=2954367

 

 

Keeping Your 401k Or IRA In Bankruptcy

By Samuel J Warden -

What happens to your 401k or IRA in bankruptcy can be an area full of anxiety for someone in financial trouble. After all, many people have a lot of money in these retirement accounts. Good for them, they have diligently saved for the day when they cannot, or do not, want to work anymore. Well Congress thought that saving in your 401k or IRA was a good thing as well, and has put protections in the bankruptcy code to help make sure that even if you file bankruptcy you will not lose your retirement savings.

To really understand how this works though, a little background is required. First we need to understand what happens to all of your property when you file bankruptcy. Basically everything you own gets put into the bankruptcy estate. Think of the estate as another entity or a company even. This new entity is controlled by the bankruptcy trustee. The trustee takes all of the property in the estate, which we now know is everything you used to own, and sells it to make money and pay off creditors. That sounds terrible I know. The good news is that not really everything you own becomes property of the bankruptcy estate. There are some types of property excluded from the bankruptcy estate, for example wages you earn after the bankruptcy petition is filed are not property of the estate. You get to keep those wages, not the trustee or your creditors. The good news does not end there, because you also get to exempt some property from the bankruptcy estate as well. Exemptions are different than having something excluded from the estate, they are more like a take back. The exempted property actually becomes part of the bankruptcy estate but is exempt from being given to creditors. Instead the bankruptcy debtor gets this property back. When it comes to your 401k and your IRA accounts, these are matters of exemption. They become property of the bankruptcy estate, but you can exempt them under either federal or state law, and sometimes both.

So what exemptions apply to a 401k and an IRA? That gets a little complicated. See, depending on the state you live in, you may only be able to use that state’s exemption laws. These are called opt out states, and if you live in those states you must use that states exemption laws. For example, Ohio is an opt out state, and in Ohio the exemption statute applicable to an IRA is Ohio Revised Code 2329.66(A)(10)(c). The exemptions will be different in different states, but in Ohio you get to exempt 100% of an IRA.

In some states you will be able to pick which exemptions will apply to your bankruptcy case. You can go with the federal exemptions, or the state exemptions that apply, but not both. So you cannot pick the federal homestead exemption and then try and use your state’s IRA account exemption.

Now, in some cases you may need to use both federal and state exemptions. I know that kind of contradicts what I just said in the previous paragraph. The tricky part here is that you can use federal non-bankruptcy exemptions along with your state’s bankruptcy exemptions. The federal non-bankruptcy exemptions only apply in very specific circumstances. However for a 401k account, Congress specially exempted them in section 522(b)(3)(C). So even if you are in an opt out state, your 401k is probably protected by federal law.

So now that we have established that your applicable exemptions may protect your retirement account, lets talk about whether your retirement account can be excluded altogether from the bankruptcy estate. Remember at the beginning of this article about property of the bankruptcy estate. Some property is excluded from this estate, and this includes 401k plans that have a non-alienation provision in them preventing creditors of plan participants from garnishing or attaching the plan benefits. This means that if your 401k is ERISA qualified then it is probably excluded from the bankruptcy estate. This is better than an exemption because the account would never become part of the bankruptcy estate and no exemption is needed to keep it.

This is complicated stuff, and this is just a brief overview, so make sure if you are going through a bankruptcy to sit down with qualified counsel who can advise you on your best course of action. Maximizing your exemptions in bankruptcy is very complicated and very important, go find a qualified bankruptcy attorney.

DISCLAIMERS: Ohio law governing attorneys and attorney advertisements require me to advise that this article is an “ADVERTISEMENT ONLY” and is not legal advice, does not create nor was intended to create an attorney client relationship, is intended for general informational purposes only, is directed to the general public, and is not directed at any particular person, group of persons, or entity.

By an act of Congress I have been designated a debt relief agency, and I help people file for bankruptcy under the bankruptcy code.

Samuel Warden is a Bankruptcy Attorney, practicing in Miamisburg Ohio. You can visit his Miamisburg Bankruptcy Attorney website, or read his Mason Bankruptcy Attorney Blog for more information on Ohio bankruptcy.

Article Source: http://EzineArticles.com/?expert=Samuel_J_Warden
http://EzineArticles.com/?Keeping-Your-401k-Or-IRA-In-Bankruptcy&id=6787388

 

 

Bankruptcy Cases and Bankruptcy Attorneys: Some Myths

By Alice Shown -

Some misconceptions about bankruptcy you should know before filing for it:

Everyone will know when you file for bankruptcy (insolvency):

Although filing for insolvency is an issue of public record, there are slim possibilities that anyone will come to know regarding your case, accidentally. Unless and until you inform somebody or someone specifically inquires about your case, no one will come to know that you have filed for insolvency. So, it is as clear as water that no one other than you, your bankruptcy attorney as well as your creditor (s) knows that you have file for bankruptcy.

All your possessions will lost:

When it comes to bankruptcy, different places have got different laws, but the bottom line is same everywhere. Do you know what? You are allowed to avail exemptions in order to protect your property when you opt to file for bankruptcy. So, you don’t lose all your possessions.

You won’t be able to buy a property:

There are many people who think that once they have filed for bankruptcy, they won’t be able to buy a new property. However, this is just a misconception. Actually, you can buy a property.

No more credits in the future:

Many of us think that filing for insolvency once, will restrict us from rebuilding our credits in the future. However, the reality is something exactly opposite to that. This is because you file for insolvency for getting rid of your debts which in turn allows you to rebuild your credits.

For married couples, both of you will have to file for bankruptcy:

Though this can be done, it is not necessary. So, in that way it is optional, not mandatory.

Filing for bankruptcy – Oh My God! It is a Herculean ordeal:

There are many people who think that filing for insolvency is really a tough task, what we call it a Herculean ordeal. However, this is also a misconception. If you have a good bankruptcy attorney by your side, filing for insolvency would not be a tough task.

Unscrupulous people file for bankruptcy:

Here comes another misconception. There are a large number of American who file for insolvency every year. Are they all bad? No, they are not. You will be surprised to know that, insolvency laws are specially designed to help honest people who are down with the burden of debts.

Now, when you have enough information about misconceptions related to insolvency, you should not delay in hiring a bankruptcy attorney. Phoenix has got some of the best legal professionals to choose from.

Bankruptcy attorney Phoenix – Need a good bankruptcy attorney? Phoenix residents should consult Thomas Law Office, PLC for better outcomes. They can assist you with an Arizona bankruptcy that you need to file.

Article Source: http://EzineArticles.com/?expert=Alice_Shown
http://EzineArticles.com/?Bankruptcy-Cases-and-Bankruptcy-Attorneys:-Some-Myths&id=6722350

 

 

Declaring Bankruptcy Means Living Within Your Budget

By Reed Allmand -

You’ve heard the words over and over: if you’ve declared bankruptcy, you need to learn how to live within a budget. Like with most things, a budget looks great on paper – yet can be one of the hardest things to follow, especially if you have a family. Fortunately, living within your means isn’t impossible; with practice, you can make your budget work for your lifestyle, and even have some leftover income to put towards your savings. It’s the best way to stay debt-free for life.

Luckily, we’ve got the best tips and techniques for how to follow your budget. Get ready to master the art of the budget and avoid declaring bankruptcy for a second time:

Track All Of Your Expenses. Sure, it can be a little cumbersome to track every expense – after all, who has time to record the big purchases, let alone that large coffee you bought at Starbucks? Yet if you want to master the art of following the budget – and trust us, if you’ve declared bankruptcy, you do – you need to religiously record your expenses, even the small ones. If you think that smaller purchases don’t deserve your attention, think in terms of the bigger picture: one coffee a day can add up to over $60 per month. That’s like a minimum payment on a credit card.

Set Aside Money For Fun. What’s the first mistake that many people make in forming their own budget? They don’t allot any money for fun – and if you don’t allow yourself to live a little within your budget, you’ll drop it faster than a hot potato. So before you completely cut fun out of your life, put aside a small amount per month as play money. If you have fun while following your budget, you’ll be more likely to stick to it, which means that you’ll be able to maintain the financial freedom you achieved by declaring bankruptcy.

On The Other Hand…There are tons of expenses that will eat up your budget, but aren’t necessary. For example, do you enjoy going out to the movies every weekend? Like hitting up your local bar for a drink? Small changes in your habits can go a long way towards producing heavy-hitting savings. Instead of going to the movies, join an online service where you can watch unlimited rentals for a set price per month. Still want to enjoy your local bar? Hit up happy hour instead, where drink prices are significantly reduced. Cut out expensive restaurant visits – that meal will only last for twenty minutes, but the price tag will stay with you a lot longer.

Living life after declaring bankruptcy is all about making sacrifices. You do need to cut back with the spending habits that made you declare bankruptcy in the first place, but that doesn’t mean you should start living a completely austere lifestyle. Just be responsible with your budget tracking, and don’t spend your money on frivolous purchases like designer coffee and four-figure handbag purchases – remember, you want to stay out of debt, not find yourself back in front of the bankruptcy courts again.

Reed Allmand is constantly looking for ways to improve the financial situation of his Dallas Bankruptcy clients. You can visit http://www.allmandlaw.com to view more articles like this and find great tips on managing your financial situation.

Article Source: http://EzineArticles.com/?expert=Reed_Allmand
http://EzineArticles.com/?Declaring-Bankruptcy-Means-Living-Within-Your-Budget&id=6707713

 

 

Shaking Bankruptcy Off Of You

By Allan B Henry -

You might be one of the millions of people who believe that filing bankruptcy is the only way to conquer debts. Is this a fact or a common misconception? Here are some truths you might not know about bankruptcy.

There are different bankruptcy laws in the US that determine the different types of bankruptcy. One type is Chapter 7 bankruptcy. In 2005 the laws of Chapter 7 bankruptcy were changed, making the whole process almost impossible to accomplish. This is actually one of the faster ways to start anew. However, there are several disadvantages you should understand before you decide to file. You will lose your privacy as you will be forced to divulge your remaining assets to pay your outstanding balance to your creditors, even if you don’t want to. All decision makings will be set by the court and you will lose all control over your assets.

On a different note, Chapter 13 bankruptcy is easier to qualify for. This is another type of bankruptcy that will take over the control of your finances and assets. While it is true that the court is more knowledgeable and more experienced in handling these matters, no one would ever want to give away their authority over their hard earned money to someone else. Would you? And along with these stipulations you will be obliged to pay for the “services” of the trustee and legal counsel that execute the process. You are bound to pay them regardless of the circumstances.

There is a better option to be free from debt. Use a knowledgeable, experienced service provider to guide and assist you in beating debt! This allows you full control of your finances and offers step-by-step counseling, techniques, and materials to guide you out of your financial trouble. What you really need is a long term solution for your debt that won’t haunt you and your credit for years to come.

In general filing for bankruptcy is not the best solution to solve your financial problems. You must consider further options that will give you the freedom to choose what you want to do with your finances and assets, while cutting off your debts. Seeking professional services to help you is the most ideal. Even if you are discharged from your debts through bankruptcy, it is inevitable that your filing will injure your credit record. Do you still consider filing bankruptcy an option?

Allan B. Henry has been in the field of Utah Bankruptcy for a long time and maintains a website about debt validation letter where you can get answers to the rest of your questions.

Article Source: http://EzineArticles.com/?expert=Allan_B_Henry
http://EzineArticles.com/?Shaking-Bankruptcy-Off-Of-You&id=6709760

 

 

Using A Bankruptcy Attorney To Budget

By Bob P Jones -

In today’s tough economy, many Americans are forced to live on their credit cards as a way to make ends meet. This type of lifestyle with no obvious budgeting only will lead to bankruptcy. It’s only a matter of time before the balance on the credit cards get so high that it will be impossible to ever pay them off. Many Americans today try and avoid filing bankruptcy because of the fear of losing their prized credit cards. Credit if left unchecked will end up having the same kind of destruction of a wildfire to the family’s finances. When people have available credit on their credit cards, they don’t realize that they can’t afford the things they are purchasing. If they had to budget and pay cash for their purchases, they wouldn’t have the money to pay for them. Once the ball starts rolling there is no way for a person to get out of the way of the damage. At some point they will be hit with crushing debt and no other way out except to file for bankruptcy.

When an individual starts using their credit cards to buy groceries, because there’s not enough money from their paycheck, it’s probably time to go talk to a bankruptcy attorney. What happens is, because of the interest rate, the credit card debt now becomes a major part of the family’s budget. To keep those accounts open, the individual will need to at least make the minimum payment. This cycle will continue on until the card is tapped out. At this point, outside of winning the lotto, there is probably no way this individual would ever be able to pay these bills off. This is a perfect reason of why filing bankruptcy was created. When Congress voted into law they wanted to give good hard working individuals a second chance with a fresh start. Filing for bankruptcy will allow the individual to wipe out all the unsecured debt, freeing up their paycheck to be able to start budgeting and live once again.

Everyone has heard the expression Robbing Peter to pay Paul and living paycheck to paycheck are true in probably over 75% of American households. The average American household has over $20,000 in credit card debt. Considering the same average household only earns $41,000 a year, it’s not hard to see that an individual with this kind of debt is just setting themselves up for failure. That’s where Chapter 7 bankruptcy is king. Filing Chapter 7 bankruptcy will wipe out all unsecured debt and allow the debtor to start over and hopefully make better choices. After the bankruptcy is filed the automatic stay is put in place that will protect the debtor by stopping the creditors from relentless attacks signed to collect on their debt. This will give the individual a quiet time allowing them to plan for the future. A smart individual shouldn’t wait until the cards are all tapped out, they should be honest with themselves and consult a bankruptcy attorney before the creditors start their shenanigans. Living without credit is not such a bad thing, it allows for a debt-free individual to regroup and learn about living on a budget.

The author started DebtFreeBankruptcyAttorney.Com which is a website that helps individuals with debt problems by putting them in touch with a local bankruptcy attorney that specializes in filing bankruptcy under Chapter 7 and Chapter 13 bankruptcy. Check our website for more answers to bankruptcy questions and ideas on how to have a debt free future.

Article Source: http://EzineArticles.com/?expert=Bob_P_Jones
http://EzineArticles.com/?Using-A-Bankruptcy-Attorney-To-Budget&id=6747736

 

 

How Bankruptcy Lawyers Get Paid From Bankrupt Clients

By Kathryn Lively -

Dealing with bankruptcy may bring on a sense of Catch-22 for some people. If you need to file for bankruptcy because you have no money, how do you expect to pay for the attorney who will represent you? Furthermore, if you are unable to file yourself for some reason, how can you file for bankruptcy without a lawyer, whom you can’t afford? The notion of finding a firm with a concentration in bankruptcy law may intimidate some people, and perhaps even dissuade one from looking into filing at all as an option. It’s important to know that one shouldn’t feel ashamed about considering bankruptcy – many factors come into play that you can’t necessarily control, and if you have looked into the option you may want to research how to handle fees.

How does your bankruptcy lawyer get paid? It’s apparent that they do, unless you happen to have one in the family who would be willing to work pro bono as a favor to you. If not, you have the option of searching the Internet or getting recommendations from work, family or friends. Once you do find the right one to assist you, the matter of fees will come up. Costs associated with filing may include obtaining the necessary paperwork for your case, enrollment with a credit counseling service, the fees associated with filing in a bankruptcy court, and your lawyer’s fees. The actual price will vary depending on the legal counsel you hire, your location, and other factors.

It could add up over time, but the money has to be paid. How do you pay it?

1) It is not uncommon for a relative to cover some or all of the costs associated with filing for bankruptcy. If you do approach family or close friends for a loan, be sure to work out the specifics of repayment. Borrowing money for anything can be prickly where family is involved, so make sure everything is settled before the check is cut.

2) Discuss the possibility of a payment plan with your attorney. It is possible that your lawyer is willing to work out a deal, given your situation. Be careful, however, not to take advantage of any goodwill – make good on your debts according to the arrangements made.

However you go about handling your personal debts, know that there is competent help available to you. Don’t be afraid to seek it.

Kathryn Lively is a freelance writer specializing in articles on Norfolk bankruptcy lawyers and Virginia bankruptcy lawyers.

Article Source: http://EzineArticles.com/?expert=Kathryn_Lively
http://EzineArticles.com/?How-Bankruptcy-Lawyers-Get-Paid-From-Bankrupt-Clients&id=6752679

 

 

Nondischargeable Debts in Bankruptcy

By Joshua Cardozo -

With so many problems in the economy, many people are drowning in credit card bills and other kinds of financial problems with seemingly no way out. While it should never be taken lightly, declaring Chapter 7 bankruptcy can provide a way out and a fresh financial start for those who are simply overwhelmed by their debt.

The goal of Chapter 7 bankruptcy is to completely eliminate your debt instead of creating a repayment plan like you would in Chapter 13 bankruptcy. With Chapter 7, you are supposed to surrender any non-exempt assets you have in order to pay off as much of your financial obligations as possible. In practice, however, the vast majority of people who declare chapter 7 don’t have many assets to speak of, and they are simply trying to eliminate their debts altogether.

Your most important assets, namely your house, car, and certain household furnishings, are usually protected up to a certain amount. Obviously, you’re not going to be able to hold on to a Rolls-Royce while sticking it to your creditors, but most people are simply trying to hang onto their homes and transportation while achieving some kind of relief from their debts.

Unfortunately, not every kind of financial obligation will disappear when you declare bankruptcy. There are a number of nondischargeable debts you should be aware of. If you are really concerned with getting rid of unsecured debts such as credit card bills or medical payments, then you have a good chance of getting rid of these problems.

If your main concern has to do with student loans, unpaid income taxes, child support, or criminal fees, however, you will be unlikely to get rid of these even if you declare chapter 7 bankruptcy. A lot of this has to do with common sense, if you think about it. Congress has tried to construct the bankruptcy laws in such a way as to give relief to citizens who need it while not allowing people to get away with unpaid criminal fees or child support.

But what about student loans and taxes? Well, those are pretty simple to understand as well. You see, Congress wanted to encourage banks to lend to students so more people could go to college regardless of financial circumstances. Banks would be reluctant to make a loan if it could be wiped away in a future bankruptcy proceeding, so the law makes it very difficult to get a student loan. You have to prove extreme hardship above and beyond what most people are facing when they declare bankruptcy, and you have to demonstrate that your circumstances are unlikely to change in the near future.

When it comes to taxes, you shouldn’t be surprised that it is difficult to get rid of these. After all, we all know that taxes, like death, our unavoidable, and the government always wants to get its share. You should speak to a lawyer about your situation, because there are certain cases in which your taxes can be done away with. If a certain number of years have passed since you incurred the taxes, then your taxes may indeed be discharged.

There are many complex rules, however, so be careful. For example, if the IRS has already begun proceedings to collect from you, then your taxes will probably not be discharged. Also, if you never filed your tax return to begin with, then the clock never began ticking so it doesn’t really matter how many years have passed.

You can receive a free case review from a Bankruptcy Attorney at our website. To learn more about the benefits of filing bankruptcy visit us at http://freebankruptcyevaluation.org

Article Source: http://EzineArticles.com/?expert=Joshua_Cardozo
http://EzineArticles.com/?Nondischargeable-Debts-in-Bankruptcy&id=6755894