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What to Expect During Your Bankruptcy Filing

February 9, 2010 By Leave a Comment

By Andrew Aagassi –

INITIAL CONSULTATION
During the initial consultation your specific situation will be reviewed and discussed, the process of bankruptcy will be explained, options available in Bankruptcy will be analyzed by our experienced attorneys, fees and costs will be discussed and questions will be answered.

INTAKE/QUESTIONNAIRE
Potential clients who have internet access will be emailed instructions to fill out an online questionnaire. Those potential clients who do not have internet access can do an interview by mail, over the phone or in person.

DOCUMENTS
After the interview/questionnaire is done, the client will be given a list of documents needed from them.

CERTIFICATE OF CREDIT COUNSELING
Bankruptcy Court requires that all bankruptcy filers obtain a credit counseling certificate. Names and contact information of credit counseling providers are available on our site and will be provided to you during your initial consultation.

INTERNAL BANKRUPTCY TEAM
After payment for the legal fee and filing fee is taken care of, then our bankruptcy team works hard to get your case ready to file. Comparative market analysis of your real estate is done by our Realtors, title searches are conducted by our in house counsel, Kelly blue books are obtained to get the fair market value of your vehicles and all information is data entered. A draft copy of your petition is printed and then reviewed by an attorney.

PROCESSING COURT DOCUMENTS
Once you return your signed petition to our office, we will file your case electronically.

NOTICE OF CREDITOR MEETING (341 HEARING)
Within a couple of weeks from filing, you will receive, by mail, correspondence from the bankruptcy court. There will be a document informing you of your court appointed trustee and your court date information, including date, time and place for you to appear with your attorney from our office.

CREDITOR MEETING (341 HEARING) for Chapter 7 and Chapter 13

This meeting will probably last 5 to 10 minutes and will be based on the information provided in the documents we initially filed with the court. Most Chapter 7 Bankruptcy clients NEVER see the inside of any real court room. Under normal procedures in Chapter 7 bankruptcy cases, the creditor meeting is the only court scheduled date you will attend.

Chapter 13 bankruptcy clients will also have to attend a creditor meeting, similar to the Chapter 7 meeting.

DISCHARGE OF DEBTS

Typically, 60 days after your creditor meeting a discharge of your unsecured debt is issued by the court in Chapter 7 cases. Shortly thereafter, you will receive an Order signed by the Bankruptcy Judge discharging you of your debts, which means that legally you do not owe any money to the creditors listed in your bankruptcy case (some exceptions). Your case will then be closed and you are off and running with a fresh financial start.

To know more please visit: http://www.massachusettsbankruptcycenter.com

236 Commercial Street

Boston, MA 02109

Email us at:  massbankruptcy@gmail.com

Tel:: (617) 720-1101

Fax:: (617) 720-1104

Article Source:  What to Expect During Your Bankruptcy Filing

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Filing Personal Bankruptcy – What is the Process?

February 6, 2010 By Leave a Comment

By Christine Wilton –

Once you’ve decided that filing personal bankruptcy is the right path toward financial freedom from your debts, you need to know: what is the process? How long does the process last? Do filers have to go to court? Who needs to be informed of the bankruptcy filing?

The process of filing bankruptcy requires that you complete a bankruptcy petition and disclose all of your debts and assets to the bankruptcy court. Before you file for bankruptcy with the court, you will be required to complete a pre-filing credit counseling course and your certificate of completion of that course must be filed with your bankruptcy petition.

After you’ve filed your petition with the bankruptcy court, you must attend a meeting of the creditors as required by 11 U.S.C. 341(a); otherwise known as a 341(a) hearing. This meeting takes place before your court appointed trustee. The trustee’s job is to verify your identity by viewing your government issued identification card [usually a driver's license] and social security card; and the trustee will ask you some basic questions about your petition. You must also complete a financial management debtor education course in order to be considered for a discharge of your debts.

For chapter 7 liquidation cases, the process usually lasts approximately six months with a mandatory meeting of the creditors before the trustees. Chapter 7 debtors will not see the bankruptcy judge, unless they need a reaffirmation hearing. Chapter 13 individual debt adjustment cases where a debtor repays a portion of their debts over time, requires considerably more time and expense. The process for a chapter 13 case lasts between three and five years depending upon the household income and the debtor’s ability to repay their debts.

The fact that you’ve filed for bankruptcy will appear on your credit report for 10 years if you filed Chapter 7 or Chapter 11 and will appear on your credit report for 7 years if you filed Chapter 13. Bankruptcy may also affect your ability to lease rental property and find employment; and filing bankruptcy will impact your ability to file again in the future.

Experiencing extreme financial hardship has emotional costs as well. That’s why it’s best to talk to a bankruptcy lawyer so that you can make a well informed decision and lead your family to financial freedom from your debts with a trusted advisor who will inform you of all of your legal rights and remedies available through the bankruptcy process.

The Law Office of Christine A. Wilton is a Federal Debt Relief Agency. We help people file for bankruptcy under the Bankruptcy Code. Our practice is limited to bankruptcy practice, Chapter 13 and Chapter 7 bankruptcies at this time.

Blog: http://www.losangelesbankruptcylawmonitor.com

web: http://www.greifenlaw.com

Article Source:  Filing Personal Bankruptcy – What is the Process?

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Chapter 13 Bankruptcy Eligibility Requirements

February 5, 2010 By Leave a Comment

By Joseph Devine –

When you are struggling to make your credit card payments, mortgage, car payment, or other outstanding bills, you may find yourself deep in debt. At a certain point it may feel that you are so far behind that you are never going to catch up. Fortunately, United States law offers provisions to debtors who are under severe financial stress to help them secure a fresh start. While bankruptcy has its downsides, it can be a much better alternative to being burdened with a large pile of debt for the rest of your life. Individuals who are looking to file for bankruptcy have multiple bankruptcy options available, each of which is ideal for different people in different situations.

What is Chapter 13 Bankruptcy?

One bankruptcy option that is available to an individual with a high amount of personal debt is Chapter 13 Bankruptcy. Under Chapter 13, an individual clears his or her debts by drafting a plan to save money and pay back the debts over 3 to 5 years. This gives the debtor a large grace period to reevaluate finances and gradually work towards becoming debt free. For some people, this form of bankruptcy is a much preferred method over Chapter 7, which requires a debtor to liquidate, or sell, much of his or her property to pay back debts. With Chapter 13, you will liquidate little to no property and will pay back debts using income that you earn over time.

Eligibility: Debt Limits

In order to file for Chapter 13, you must meet certain strict debt limits. Anyone with debts over the amounts listed below will not be eligible for Chapter 13 and must file for Chapter 7 instead. The restrictions on debt are divided into secured and unsecured debt as follows:

Must have less than $336,900 in unsecured debts
Must have less than $1,010,650 in secured debts
Must be an individual debtor. No partnerships or corporations are eligible for Chapter 13.
Eligibility: Sufficient Income

Because debts under Chapter 13 bankruptcy are paid back with saved income, an individual who wishes to file for this form of bankruptcy must have sufficient income to do so. The debtor must have a reliable source of income that is expected to continue until all debts have been repaid. Also, the income must be large enough that necessary expenses are covered while still having disposable income left over that can be used to pay back outstanding debts. Without a reliable or sufficient income, a debtor cannot realistically keep his or her promise to have all debts paid back in 3 to 5 years. Those with low or unreliable income may be required to file under Chapter 7 instead.

If you meet the above eligibility requirements, Chapter 13 may be an ideal bankruptcy option available to you. Consider scheduling a consultation with a bankruptcy lawyer to discuss the specifics of your situation. A bankruptcy attorney will guide you through the filing process and help you create a sound repayment plan that you can realistically complete over the next 3 to 5 years. While you may have to make some financial sacrifices now, the short term losses will be largely outweighed by the huge gains of finally escaping the stranglehold of personal debt.

For More Information

To learn more about filing for Chapter 13 bankruptcy and how you can take steps now to secure a more secure financial future, please visit the website of the   rel=nofollow New Orleans bankruptcy attorneys of Kervin & Young, LLC today.

Joseph Devine

Article Source:  Chapter 13 Bankruptcy Eligibility Requirements

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File Bankruptcy Yourself – The Risks Versus Rewards

February 3, 2010 By Leave a Comment

By Josh Ramos –

Many people see all the information online about filing bankruptcy and feel they can go through the process without the cost of an attorney. In order to file bankruptcy yourself, you will need to have all proper paperwork, contact information for all creditors and an understanding of bankruptcy law. Debtors are often in dire straits financially when they decide to liquidate assets (Chapter 7) or place all debts on a payment plan (Chapter 13). Being financially unable to pay bills may leave the debtor wondering how they will afford legal representation, but deciding to file bankruptcy yourself may lead to consequences that can further harm credit scores and leave the debtor with no home, no cars and no protection against the bankruptcy court.

In the United States, some states require credit counseling to be completed before any paperwork can be filed with the court. During this time, attorneys will work with you to control debt and collect all relevant papers needed to make proceedings as smooth as possible. Once proof of counseling is submitted to the court system and the attorney, paperwork can be started. Once all debts are collected and reviewed by the attorney, you can decide between a Chapter 7 and Chapter 13 bankruptcy. Often, debtors feel Chapter 7 is the only choice, but Chapter 13 can be just as affordable and may leave a lighter mark on credit ratings if filed and discharged properly. Just because you cannot pay the bills you have does not mean the total payment will be the same. Reductions in overall bill debt are common when handled by an attorney. This is another reason not to file bankruptcy yourself.

Before choosing to file bankruptcy yourself, ask a few questions.

What is a means test?
How long does it take to discharge a bankruptcy?
What is a Summary of Schedules?
What is a Schedule D, E or F?

If you cannot answer these questions without looking up information from the Internet, you are probably not ready to file bankruptcy yourself. These pieces of paperwork are just a small part of the filing process. Lawyers and professionals understand how to work with the court to make the process of discharging debt as quick and painless as possible. There are few people who are knowledgeable enough about law to handle an immediate or emergency request for filing from the court and one mistake can lead to debts not being discharged or the bankruptcy being drawn out over months and months.

Getting rid of that painful feeling when the phone rings can be a quick and easy process. Debt that is riding over your head can be discharged and the price of an attorney to handle the case is nothing compared to the effect on your personal life if bankruptcy proceedings go wrong. While you can file bankruptcy yourself, why risk the potential negative outcome to save a few dollars.

If you would like more information about   declaring personal bankruptcy as well as general information on finding debt relief, please visit http://freebankruptcyevaluation.org

Article Source:  File Bankruptcy Yourself – The Risks Versus Rewards

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Advantages of Bankruptcy When Closing a Business

December 21, 2009 By Leave a Comment

By Christine Wilton –

When closing a small business, there are advantages to using Bankruptcy as a means to winding up your small business. If you’re Going Out of Business and are looking for alternatives to Bankruptcy, or a more detailed discussion on bankruptcy advantages, then you must read Gordon Eng’s recent article in the Los Angeles Lawyer magazine of the Los Angeles County Bar Association entitled, Going Out of Business.

The advantages of using Bankruptcy as a means of closing your small business include having the Court judicially assist in winding up the financial affairs of the business by providing a single forum for contesting the validity of creditor’s claims. The Court also provides a valuable mechanism for the liquidation of the debtor’s assets and determining the allocation among the creditors based upon their priority in a chapter 7 bankruptcy. After the business has been liquidated and distributed among the creditors, any remaining debt is usually discharged.

Debts that cannot be discharged in a bankruptcy are:

•    Federal, state and local taxes
•    Family support; i.e., spousal and/or child support
•    Student Loans, absent undue hardship
•    Secured debts
•    Government imposed fines or penalties
•    Fraud and punitive damage claims

A small business may file a chapter 7 bankruptcy as a corporation or LLC., otherwise the business owner must file a personal bankruptcy. If the business is not incorporated and the owner files a personal bankruptcy, they are subject to the means test in determining whether they qualify for a chapter 7, or if they must file under chapter 13.
Business owners who are shutting their doors would be wise to consult with an attorney who can help them work through the issues of closing a business in the most efficient manner that limits or eliminates their financial and legal exposure.

The Law Office of Christine A. Wilton is a Federal Debt Relief Agency. We help people file for bankruptcy under the Bankruptcy Code. Our practice is limited to bankruptcy practice, Chapter 13 and Chapter 7 bankruptcies at this time.

Blog: http://www.losangelesbankruptcylawmonitor.com

web: http://www.greifenlaw.com

Article Source:  Advantages of Bankruptcy When Closing a Business

Filed Under: Bankruptcy Attorney, How to File Tagged With:

Chapter 13 Bankruptcy Rules

December 12, 2009 By Leave a Comment

By Louis Z. –

Bankruptcy is not an easy process but if financial matters are to the point of needing to file, then it is good to know the risks. Chapter 13 Bankruptcy rules are defined that as long as an individual debt is less than $336,900 for unsecured debt and less than $1,010,650. for secured debts they are eligible to file Chapter 13 Bankruptcy. There are several financial documents to be filed with the court along with fees. To prepare documents it is required to have lists of: creditors and their claims, income sources and frequency of income, all property listed and a list of everything the debtor has as a monthly expense. These are all considered since the debtor has to satisfy all debts within a three year period.

One major reason people file Chapter 13 Bankruptcy is to save their home. If a foreclosure has been completed before the bankruptcy is filed the home can still be lost. Under Chapter 13 Bankruptcy rules it is necessary for the home mortgage to be brought up to date within the three year period. If there is not enough evidence to support a debtor’s claim that they can catch up payments then Chapter 13 Bankruptcy laws may not allow for a Chapter 13 Bankruptcy to proceed.

Filing personal bankruptcy puts everyone involved on notice. Under Chapter 13 Bankruptcy rules a trustee is appointed and they oversee any financial matters. No new credit is allowed. Chapter 13 Bankruptcy laws have changed and it has been recommended to seek legal counsel to have an expert available who can interpret the laws. It is not possible to file bankruptcy online. It is possible to download forms and to seek legal representation through the Internet.

Risks of filing bankruptcy are different between Chapter 7 and Chapter 13. Chapter 13 Bankruptcy allows more ease in processing while Chapter 7 Bankruptcy has more scrutiny. Since debts can be paid and assets retained it serves more for the benefit of a good return to financial stability to file Chapter 13 Bankruptcy. In the event that it is not possible to carry out the terms of a bankruptcy then a case can be dismissed and other options pursued. Due to legal representation needed it is best to consult a bankruptcy attorney. Use of the Internet for information can be very helpful and a resource for listing questions to prepare for consultation with legal counsel.

Learn more about filing personal bankruptcy as well as the difference of the chapter 13 bankruptcy rules and the chapter 7 bankruptcy rules at http://www.filingbankruptcyinc.com/.

Article Source: http://EzineArticles.com/?expert=Louis_Z.

Filed Under: How to File Tagged With:

How Long Does it Take to File Bankruptcy

December 4, 2009 By Leave a Comment

By Steve T Young –

The time it would take for you to file bankruptcy depends on which type of bankruptcy you choose to file. There are four types of bankruptcy but usually the most popular and most applicable type of bankruptcy for the average person walking in the street is a chapter 7 or a chapter 13.

Chapter 7 is known as a straight or liquidation type of bankruptcy. This means that for you to have part or all of your debts discharged, you need to give up your properties for liquidation. Liquidation is a process in which all properties will be sold. The money that is accumulated through this process is distributed or given to your creditor. Remaining debts that cannot be covered by the money derived from the liquidation are forgiven or eliminated. Chapter 13 is referred to as a reorganization or repayment plan which the debtor will propose a repayment plan to his creditors. The qualification for this is the debtor must prove that his income exceeds all of his expenses in a month and is sufficient and steady enough to pay for his debts in the allotted time period stated in the repayment plan.

How long does it take to file bankruptcy chapter 7? The answer is that it takes less time compare to a chapter 13 type of bankruptcy. When you file chapter 7 it will usually just take four to six months for your debts to be discharged.  You will just need to file your petition in court, present yourself in the bankruptcy trustee meeting and a few months later your debts will be discharged, unless there are problems along the way then in will take a little longer than usual.

How long does it take to file bankruptcy chapter 13? Unlike chapter 7, filing chapter 13 takes a lot longer. This is because you need to go to a lot of process. This usually takes 36 to 60 months for several reasons like, you need to attend a credit counseling session and wait for the credit counseling agency to provide you with a repayment plan. Once you have your repayment plan, you will have to go to a meeting with a trustee that can occur one to three months after you file you bankruptcy petition. Even though you proved that you have enough income to qualify for the repayment plan, the trustee would likely demand that plan be made in 36 month.

To save time and money, I suggest you get the help of a petition preparer or a bankruptcy lawyer to prepare your papers. You only pay them their flat fee and do the rest by yourself. This way, your documents can be properly prepared and you will not have to spend a lot of money. For more support on how to file bankruptcy, visit the website below.

For more information on how to file bankruptcy, visit http://www.onlinebkassist.com

Article Source: http://EzineArticles.com/?expert=Steve_T_Young

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How Does Filing Bankruptcy Affect Your Mortgage?

November 24, 2009 By Leave a Comment

By Jessica N. Bennet –

When someone experiences financial crisis like job loss or business failure, it becomes quite difficult for him to repay the existing loans/debts. Though filing bankruptcy may seem to be a viable option in order to get rid of the multiple debts, yet it may become difficult to qualify for a new mortgage. You should also know that your existing mortgage gets affected when you file bankruptcy.

What happens to your existing mortgage after bankruptcy filing?

When you want to declare bankruptcy, you need to file either chapter 7 or chapter 13. However, the consequences of filing chapter 7 are different from that of chapter 13. The effects on your existing mortgage after filing bankruptcy are discussed below.

Consequences of filing Chapter 13:

You can protect your home from a foreclosure by filing chapter 13 bankruptcy; however, it is advisable that you seek help from an experienced bankruptcy lawyer. By filing chapter 13, you can work on a structured debt repayment plan, which can also take care of your monthly expenses. Usually, you need to repay your loan within 3-5 years. Chapter 13 can also give you automatic stay protection, which can prevent your creditors from suing you. It is also helpful to stop collection efforts during the repayment tenure.

Consequences of filing Chapter 7:

Sometimes filing chapter 13 can be really expensive for the homeowners. In that case, filing chapter 7 bankruptcy is favorable for them. It can free you from your personal liabilities to pay back the existing debts. However, homeowners may still be unable to keep their house after the discharge of bankruptcy.

Reaffirming mortgage debt:

If you want to save your home even after filing chapter 7 bankruptcy, then you need to file a reaffirmation agreement. Once you file the paperwork, the mortgage company may agree to work with you and also approve your plan so that you can clear the delinquent account within a specific time period. It means that you are agreeing to pay off the debt amount, which you owe to your lenders.

Paying for deficiency after foreclosure:

If your bank forecloses your property but cannot recover the unpaid debt, then you might have to pay for the deficiency.

How do you qualify for a new mortgage after bankruptcy?

Go through the following points to know how you can qualify for a mortgage even after filing bankruptcy.

1. Try to rebuild your credit – If you have some debts that you’ve not included while filing bankruptcy, then try to repay them on time. It will help rebuild your credit so that you can apply for new loans in 2 years of time.

2. Plan a budget and follow it – Analyze your financial status and prepare a budget. Try to follow it in order to save yourself from any more debt problems in future.

3. Try for FHA or VA mortgage loans – It is relatively easier to qualify for an FHA or a VA mortgage loan than that of conventional mortgage loans.

4. Get ready for making a down payment – You may not qualify for a zero down payment mortgage. Therefore, you may need to make a down payment in order to qualify for the mortgage.

5. Check your credit reports regularly – It is really important to check your credit reports regularly. If there are errors, then fix them immediately.

It is quite important to learn from your past mistakes. Therefore, you should not make any more mistakes that can compel you to file another bankruptcy in future. When you are taking out any loan/debt, you should carefully analyze your financial situation in order to ensure that you’ll be able to make the required monthly payments on time.

Author Bio:

Jessica Bennet is an experienced financial writer associated with Mortgage Fit Community. She has been guiding the Community through her writings on bankruptcy, filing bankruptcy, mortgage, loan modification and related financial topics. Her views and opinions shared in the forums have helped community members and guests get over problems in their mortgage.

Article Source: http://EzineArticles.com/?expert=Jessica_N._Bennet

Filed Under: How to File, Recovering from Bankruptcy

The Trouble With the Bankruptcy Means Test

November 16, 2009 By Leave a Comment

By Reed Allmand –

For debtors seeking bankruptcy protection taking the bankruptcy “means test” can be a hassle that doesn’t always leave the debtor with a fair shake.

For debtors seeking bankruptcy protection taking the bankruptcy “means test” can be a hassle that doesn’t always leave the debtor with a fair shake. When the Bankruptcy Abuse Prevention And Consumer Protection Act (“BAPCPA”) was passed in 2005, it failed to truly do what it was designed to do, prevent bankruptcy abuse. What’s really happened is that many debtors are forced to take a “means test” that fails to take into account their real circumstances when calculating their ability to repay debt. Instead, the “means test” uses standardized deductions and expense allowances that may or may not reflect the reality of that debtor’s situation.

For example, a debtor who takes the bankruptcy means test is given a standard allowance for “telecommunications expenses” which are necessary for the health and welfare of the debtor and his/her dependents. However, there is no set definition of what a “telecommunications expense” can include, leaving it up to the judge’s discretion. Also, some people may need more “telecommunications expenses” than others, such as a self-employed debtor. Bankruptcy debtors who exceed the allowance allotted to them could be facing an uphill battle in proving that it is necessary. In the end, taking the test increases the amount of time, energy and paperwork needed by legitimate debtors who seeking immediate bankruptcy protection. The bankruptcy means test needs to be done away with and we need to return to a more sensible way of gauging a debtor’s ability to repay their debts.

Reed Allmand is constantly looking for ways to improve the financial situation of his clients. You can visit http://www.allmandandlee.com to view more articles like this and find great tips on managing your financial situation. Are you already considering bankruptcy? Take this Free Evaluation to determine if bankruptcy is right for you: http://www.allmandandlee.com/Free-Bankruptcy-Evaluation.php

Article Source: http://EzineArticles.com/?expert=Reed_Allmand

Filed Under: Bankruptcy Attorney, Court, How to File Tagged With: , ,

Chapter 13 Bankruptcy Can Put Your Life on Track

November 12, 2009 By Leave a Comment

By Nick Messe –

There are many situations in life when you fall back in meeting some important payments and when this happens with regard to your mortgage payments, you take a huge risk of losing your home and any equity that you have built up. A foreclosure is the last thing that you want to happen, so perhaps filing for bankruptcy could help save you from such a horrendous situation.

All those who have a steady flow or source of income like those having small businesses or a salaried income can file for Chapter 13 bankruptcy. Most repayment plans allow you to pay off a portion of your total debts within a period of five years. However, there are some limitations for filing under Chapter 13. There is a maximum limitation of personal loans set at 300,000 dollars and total loans set at 922,000 dollars.

It is always essential to first determine whether bankruptcy would be the best solution for your particular case. Once you decide to file for bankruptcy, make sure whether Chapter 7 or Chapter 13 would be the right bankruptcy option. You can start by consulting with a bankruptcy lawyer to help you get a better position in the court later on. Then you need to file a petition with the bankruptcy court in your home district.

Such forms, can be obtained by visiting the stationery shops rather than having to go to the court. Along with that, you will need to file these supporting documents, such as a schedule of liabilities and assets, a schedule of current income and expenditures. You’ll need to list your exempt assets and unexpired leases. Pay all the necessary fees such as the court filing fee and administrative fees, which will stay all further actions on the part of your creditors until the case is settled in the court of law.

Along with the petition, or within 15 days, you need to file a plan of repayment of your debts. The bankruptcy judge will comment on your plan for repayment when you attend the confirmation hearing. This decision is then conveyed to the creditors and they can put in their objections, if any, to such repayment plan. After getting court sanction for the proposal, the final step is obviously to start paying according to the agreement.

Most people find that filing all the necessary paper work and clearly presenting their case to the court is beyond their capabilities, so they use the services of an experienced bankruptcy lawyer. A bankruptcy attorney will take your side and represent your situation in the best possible light to give you a result you can live with.

Given any situation, filing for a Chapter 13 bankruptcy is always better than going in for a credit consolidation service or program which not only charge you high monthly fees but also make you continue pay interests on your debts. It is always better to seek the best solution with the help of your attorney.

In the Milwaukee and Waukesha area Michael Burr specializes in bankruptcy and debt relief services.   Milwaukee Chapter 7 bankruptcy is an effective way to eliminate many types of debt and have a fresh financial start. Contact Attorney Michael Burr directly. He understands what you are going through and can help you get on with your life. - http://www.burrlawoffice.com

Article Source: http://EzineArticles.com/?expert=Nick_Messe

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