There are many types or forms bankruptcy can take. The US bankruptcy laws are designed to help individuals, businesses and even municipalities that are having severe debt problems that appear to be unsolvable within the current income or revenue levels. There are many reasons why this happens, but the reasons seem unimportant when buried under a mountain of debt. As many people discover when bills become backlogged, debt collection practices are harsh. The phone rings off the hook with collectors, and the late notices and penalty charges only seem to make the situation worse by the day. When you owe back taxes, the IRS is relentless when it comes to collecting the money.

The forms of bankruptcy are defined as chapters. The chapters were written to provide a specific form for filing when you are an individual, farmer, business, or municipality. Most people are aware of the availability of bankruptcy laws applicable to people and businesses, but even counties and cities can find themselves unable to pay their debt. Right now there is a current case in Alabama in which a county cannot pay its sewer bonds and is considering filing bankruptcy.

The first form bankruptcy takes for individuals is chapter 7. A chapter 7 is a liquidation bankruptcy in which your non-exempted assets are used to pay off as much debt as possible and the remaining balances are eliminated. A chapter 13 is called an individual debt adjustment form. In this case, an individual agrees to a court defined debt repayment plan.

Another form bankruptcy can take is chapter 11 which is a business reorganization plan. Under this chapter, the business asks for the debt to be adjusted in a way that makes it workable. The business can also ask for a total reorganization which is often what you read about large corporations doing in order to stay in business. Farm businesses, on the other hand, will file a chapter 12 when needing debt relief.

The other types of bankruptcies are chapter 9 for municipalities and chapter 15 for ancillary cases or cases which don’t fit the other defined chapters. There are even bankruptcy laws that address service people who are unable to pay their debts because they are overseas serving their country.

It is easy to see how complex the bankruptcy codes really is and it is a work in progress too. Every day new court cases refine the code based on actual experiences. A good bankruptcy attorney will always stay current on the laws so that you are able to get the best advice possible. The goal is to help you or your business start over again financially, but in a way that is the best fit for your situation.

Looking at the Forms Bankruptcy Can Take is a post from: Foreclosure Guide

When individuals need information, bankruptcy attorneys are experts in their fields. It may have become crystal clear that you need financial help, but how do you go about actually getting it? The fact is that many people seek a bankruptcy attorney long after they should have and the result is the situation can only be resolved through a total liquidation. If the attorney had been consulted earlier there might be a possibility of avoiding liquidation and obtaining a court ordered repayment plan instead.

Deciding if bankruptcy is the right choice can be difficult. It is human nature to believe you can handle your financial problems without help. That’s one reason why people let things get out of hand. You let one bill get behind, and then another and then start playing the game of paying a bill every other month so that you’re always running 60 or more days behind. This is a dangerous game to play when it’s your house or car payment falling behind since they represent the roof over your head and the transportation to work.

Eventually, the collection calls start. Creditors will call you at work, at home, leave disguised cell phone messages so you’ll call back, send delinquent notices and registered letters. It feels like you are being harassed, but all these people want is their money that you legitimately owe them. Unfortunately, when you start to fall behind, it gets very difficult to catch up again. The interest charges climb and accumulate, late fees and penalties increase balances and yet your income stays the same.

The sooner you consult a bankruptcy attorney, the greater chance you have of being able to take advantage of bankruptcy alternatives. Bankruptcy alternatives include credit counseling and renegotiating debt. But after a certain point, bankruptcy may be the only answer. When that becomes the case, the attorney you choose can help you in ways that don’t seem possible when financially desperate. An attorney can review your financial status and then determine how to apply the bankruptcy laws in order to find you relief as quickly as possible.

The word “bankruptcy” is a scary word to many people which is why they try to avoid it for as long as possible. But when a financial situation has no hope of improving given your current income, it doesn’t make any sense to wait until it gets even worse. If you wait too long, you’ll find yourself dealing with garnishments, bank account seizures and liens against your property instead of just harassing collection telephone calls.

With a bankruptcy, you actually put the law to work for you. In many cases, for example, a business can keep operating and individuals are able to keep their houses. But at this stage, you also have to have a total attitude change about debt. Debt is supposed to work for you and not against you. A bankruptcy can not only eliminate most or all of your debt, it is also a lesson in money management.

When Needing Information Bankruptcy Attorneys are Experts is a post from: Foreclosure Guide

The new bankruptcy laws are really not so new anymore since they were passed in 2005. But they are called the new laws to differentiate the current law from the bankruptcy law that was in effect prior to October 2005. Anyone who filed bankruptcy prior to 2005 is under the old law and the old law requirements. Since it takes years for some bankruptcies to be completed, such as a chapter 13 repayment plan, there are plenty of people still being monitored according to the old rules.

The new bankruptcy laws did make some important changes though. Many people feel the new laws primarily benefit creditors such as the credit card companies, because of the creation of the means test. The means test is used to measure your capability to pay something back to your creditors.

Under the old law, if you had no assets to be liquidated many creditors received nothing in the way of repayment. Under the new law, if your income meets certain tests then you might be forced to file a chapter 13 bankruptcy. A chapter 13 bankruptcy requires a repayment plan be put into place that is then monitored by the courts through an appointed trustee. The means test compares your income to your state of residency median income and also figures the amount of disposable income you have for debt repayment after basic living expenses. If you have enough net income and exceed the median income, you will most likely have to file a chapter 13.

But the means test is not the only change in the new bankruptcy laws. Others include required debt counseling and an increase in the number of repayment years from 3 to 5 under a chapter 13 filing. But one of the most complicated changes to understand is the changes in the homestead exemption. Under the old law, the exemption had no limit. Under the new law it is limited to $125,000 and can only be taken in a state in which you have lived for at least 3.3 years. This law change can have a big impact on whether you get to keep your house or will be forced to sell it.

Even bankruptcy attorneys were impacted by the new bankruptcy laws. The new law says that an attorney can be held liable for wrong information reported to the court even if the attorney thought his or her client was telling the truth. There is a now a schedule of fees and fines that can be charged to the attorney. The ironic net result is that attorneys must now charge clients more for bankruptcy filing fees in order to cover the increased liability.

There are other new sections in the laws that may or may not affect you. For example, there is a tithing section which says you can tithe 15% of your income to a charity of choice. Also, there is a section that deals with how a car loan is to be handled with a net impact that debtors will have to pay more on their cars in order to keep them.
The new bankruptcy laws have forced many people to file a chapter 13 rather than a chapter 7. But it is important to remember that either way you will get needed debt relief.

The New Bankruptcy Laws and You! is a post from: Foreclosure Guide

Filing a personal bankruptcy is a major decision and one that only you can make. Its no secret that it can have long term consequences on your credit. But the question to ask yourself is whether those consequences are better or worse than the consequences of debt spiraling out of control. It doesn’t take long for people to discover that debt only gets worse when ignored.

A personal bankruptcy is called personal, because it applies to an individual and not a business. Its also very personal, because the bankruptcy is structured to meet your particular circumstances. But having said that its also necessary to recognize that there are specific laws that define bankruptcies in terms of whats allowed and not allowed. For personal bankruptcies, you can file a chapter 7 for liquidation or a chapter 13 for a repayment plan.

A personal bankruptcy can do some things to help people deal with their debt, but there are other things outside its realm of control according to law. For example, a personal bankruptcy cannot erase all types of debt. These debts include child support, court ordered payments and criminal fines. The attorney will negotiate with the IRS to determine which tax debts can be eliminated. Also, any debt you create after the bankruptcy is not grandfathered into the order. On top of that, a creditor can make you give up any collateral you used to secure debt instead of just accepting payments.

The good news is that a personal bankruptcy can do lots of great things to make your life easier and give you a new start. Excessive debt feels like you’re carrying hundreds of pounds around on your shoulders all the time. Filing a bankruptcy takes most of that weight off.

There are plenty of good results you will experience as a result of filing bankruptcy. One of the best is the fact that most of your debts are discharged. That means you no longer have the debt and don’t have to pay it. A bankruptcy can prevent your house or car from being taken in a foreclosure or repossession. If you waited to file long enough to have your utilities turned off, they will probably be restored. There are other benefits too, and it is the job of your attorney to make sure you get the most financial relief allowed by the law.

Filing a bankruptcy can actually help your credit if your credit is already virtually ruined. That’s because a personal bankruptcy wipes out the debt you owe and lets you start again with a clean slate. If you work and save money and make timely payments on remaining debts, in all likelihood you will be able to begin rebuilding your credit within a few months of the final bankruptcy discharge.

A personal bankruptcy can remain on your credit history for 10 years. You cannot file another bankruptcy for 4 years on a chapter 7 and for 8 years on a chapter 13. Filing a bankruptcy is a long term decision with near term benefits. A bankruptcy attorney can help you start over again with a new financial life.

A Very Personal Bankruptcy is a post from: Foreclosure Guide

The US bankruptcy court is a federal court that administers the bankruptcy code. The USA Constitution authorizes Congress to create bankruptcy laws that are uniform, and a major law was passed in 1978. This uniform set of laws that were created were called the Bankruptcy Code. Naturally the laws have been changed or amended over the years, and the newest bankruptcy laws were enacted in October 2007.

Like any government institution, the US bankruptcy court has many codified procedures it must follow. The procedures are called Bankruptcy Rules and that is where you will find the rules related to handling individual and business debts. The rules are complex and cover a variety of different kinds of bankruptcies. But even with 6 types of bankruptcies called chapters, each bankruptcy is unique in its own way. That is why you should let an attorney handle your bankruptcy so that all of your rights are protected and you are assured of getting the best bankruptcy filing possible for your situation.

The US bankruptcy court will probably never be seen by most people filing a chapter 7 or chapter 13. In order to keep the court dockets cleared for more complicated cases and to prevent case backlogs, the court appoints a trustee to each bankruptcy case. The court has a bankruptcy judge who works for the district court system, but odds are you will only work with the trustee and your attorney. In fact, many times chapter 11 and chapter 12 cases are held outside the court too.

Of course, a creditor is given an opportunity to object to the discharge of the debt owed. In the case of chapter 7, most of the time the creditor who shows up at the trustee hearing represents the mortgage company. If you don’t have a house then there’s a good chance you will not hear any objections from creditors.

If you file a business bankruptcy and have creditors who want to take issue with your repayment plan then you might have to go to court. Also, a judge determines whether you will be allowed to file a chapter 7 or 13 in individual bankruptcy. If you are told you have to file a chapter 13, but are not happy with that decision, then you can appeal to the court by proving you have special circumstances that justify the chapter 7 filing.

Many individual bankruptcy filings are actually quite simple, but not all of them. The US bankruptcy court has all of the decision making power, but the goal is to give you a fresh start and free from as much debt as allowed under the law. Though you many not want to file bankruptcy, it is a good thing the US Constitution recognized that people can incur debt that gets out of hand. As a result of our forefathers vision and understanding of human nature, you can find debt relief in a number of ways.

Protecting Your Constitutional Rights in US Bankruptcy Court is a post from: Foreclosure Guide

In many cases, it is possible to avoid bankruptcy with some major financial planning and whole new attitude towards your standard of living. In other words, you can avoid bankruptcy if you make plans to do so and then stick with those plans. There are plenty of reasons why you would want to take this approach if there is a way to avoid bankruptcy. Bankruptcy is life changing for many years and can make it more difficult to do certain things for up to 10 years including getting credit you need.

Avoiding bankruptcy is not something you can do in a haphazard manner. It requires a serious evaluation of your current financial status, a desire to reduce your debt and a determination to do whatever it takes. Your plans will require some sacrifices and belt tightening, but the rewards can far outweigh the effort required to avoid bankruptcy. Some people attempt to make these life changes on their own, but a bankruptcy attorney can assist you in many ways you may be unaware are possible.

The reason you are feeling as if you are near bankruptcy is because you have too much debt compared to your income. To reverse the process you will have to reduce your debt and maybe increase your income temporarily. Some people get a part-time job for a while in order to earn extra money to pay off debt. But there are many other steps you will need to take which either lower your debt or create revenue in order to pay off debt.

When you meet with a bankruptcy attorney, the first thing you do is complete a financial evaluation form. Sometimes, the attorney will see ways you can restructure your personal finances in order to avoid bankruptcy. For example, you can sell some assets that are not critical to your day-to-day life. These assets may be any of your personal property.

In some cases, you will be advised to sell your home in order to eliminate a large mortgage payment. You can then take the equity and purchase a smaller house or one with a lower payment. You can also use the equity to pay off debt even if it means renting for a while. Obviously, you need to reduce your spending however it is possible. If you have a lot of unsecured debt, it is often possible to negotiate with the credit card companies to get lower interest rates so you are able to actually make progress towards paying off the balances.

A bankruptcy attorney can assist you with negotiating with your creditors. For example, if you have loans it might be possible to restructure them in order to lower the payments. This is true for your car payment also. In other words, your attorney and you will go through each debt determine if there is a way to get your payments in line with your income.

One of the most important steps you will take though is to establish a budget and then develop the discipline to stick with the financial plan. It may hurt to sell some of your assets, but if you are able to avoid bankruptcy the rewards are immeasurable.

Planning to Avoid Bankruptcy is a post from: Foreclosure Guide

The United States government provides a means for people who have too much debt to obtain a new start by eliminating the heavy debt burden. A bankruptcy is not intended to be an easy way to eliminate debt. It is meant to be a way to once again live a normal life without the stress of unsolvable financial problems. When you have too much debt and little hope of being able to reduce the debt without help, filing bankruptcy may be the best alternative.

People can find themselves saddled with heavy debt for a million different reasons. Common reasons for finding yourself with spiraling debt are having too many credit cards with high interest rates, loss of employment, major hospital bills and living beyond your means. Having to file bankruptcy doesn’t mean you are financially irresponsible. It only means that circumstances have led to unmanageable debt.

It can be thoroughly miserable to be drowning in debt. You learn to fear getting the mail out of the mailbox because of the constant bills. The collection calls are stressful and constant. No matter how much you pay on high interest credit cards the interest keeps the balance growing. Your credit gets ruined, and there seems to be no hope.

The purpose of filing bankruptcy is to start over again by eliminating or reducing the debt you owe. The primary purpose is to give you a chance to begin again with a clean slate. It is impossible to live a normal life when debt is uncontrollable. The one thing bankruptcy is not intended to do though is help you evade debt you are capable of paying.

Because bankruptcy is not intended to avoid paying debt you can afford, certain monies and properties will be distributed to creditors according to a method determined fair by the United States Bankruptcy Court. The court will determine what assets you can keep and which must be sold for debt settlement. You may also have to pay some of your debt with money on hand if you have more than a designated amount.

There are several types of bankruptcies called chapters. The chapters are intended to address the fact that there are certain circumstances which vary enough to justify different treatments. Most individuals file chapter 7 or chapter 13 bankruptcies.

The chapter 7 bankruptcy is called a straight bankruptcy in which all debt is written off that cannot be settled with asset sales. The chapter 13 bankruptcy reorganizes your debt payments into an affordable repayment plan. In both cases the creditor calls are stopped, and you can begin to live a normal life again. In fact, once you notify the court you are asking for bankruptcy protection, all of the stressful collection efforts stop. These include lawsuits, foreclosures, evictions, debt collectors and even repossessions. You get almost immediate relief.

There are other bankruptcy chapters including chapter 11 for corporations and chapter 12 for farmers. These chapters are specifically used to eliminate particular types of debt such as non-consumer debt and farm related debt.

Filing bankruptcy is serious business, and it is also complicated. So you should always consult an attorney specializing in bankruptcies.

The Serious Business of Bankruptcy is a post from: Foreclosure Guide

Sometimes it is possible to seek a bankruptcy alternative through credit counseling. It is feasible to get deeply in a debt, but be able to avoid bankruptcy when certain conditions exist. First and foremost, if you earn enough income to pay your current monthly expenses and your debt payments, but have fallen behind because of high interest rates or a one-time financial emergency, then it might be possible to avoid bankruptcy. Also, if your secured debt such as your mortgage and car payments are current and it is the unsecured debt wreaking financial havoc, then credit counseling may be a good choice. There are plenty of other good reasons why you might consider seeking credit counseling.

You can find many different types of credit counseling agencies, nonprofits and for-profit businesses. You should be very careful about the company or agency you choose, because some of them charge high fees. That means a significant amount your monthly payment would go to pay fees and not your debt. The best place to start when looking for a reliable and experienced credit counselor is with a bankruptcy attorney.

You should meet with the bankruptcy attorney in order to determine if credit counseling is even the path you should pursue. Credit counseling is usually only suggested instead of bankruptcy when two conditions can be met. First, you have to be able to budget your money and adhere to a repayment plan. Second, you only need to get interest rates lowered on unsecured and maybe some of the secured debt in order to get your payments lowered.

Credit counseling involves listing all of your income and debts. You are assigned a counselor who then contacts each of your debtors. In most cases, high interest rates on credit cards can be reduced and the credit card companies agree to accept lower payments. In some cases, even secured debt payments can be lowered, because a company would rather not repossess personal property if at all possible. Normally though, only unsecured debt is included in the repayment plan. Once the counselor has obtained the new payment amounts, a total monthly sum payment is calculated which includes a fee. You then pay that one amount to the credit counseling agency which distributes the payments to the credit card companies or other debtors.

For many people, credit counseling offers a bankruptcy alternative. You are able to avoid filing a bankruptcy that remains on your credit records for 10 years. The credit management services are often able to negotiate lower interest rates so you can restore your financial health. It’s always best to avoid bankruptcy if possible, but when you need to actually reduce your debt, rather than just the payments, then bankruptcy is the best solution.

A bankruptcy attorney can review your financial status and advise you as to the best course of action.

Credit Counseling as a Bankruptcy Alternative is a post from: Foreclosure Guide

The bankruptcy attorney can seem like a confidante when you first meet him or her, because you will be sharing your personal financial details. Normally, these kinds of details are the kind people try to hide from the world for as long as possible. But when the debt burden becomes unbearable, its good to have a professional on your side as you deal with the complexities of the bankruptcy laws.

The very first decision an attorney will help you make is whether you should file bankruptcy at all. In some situations, other remedies are possible including selling assets or downgrading your lifestyle. But when thats not possible, the second decision the attorney will help you make is deciding which bankruptcy chapter best fits your situation. The personal bankruptcy chapters are 7 and 13. Under chapter 7 you wipe out most debt. Under chapter 13 you set up a debt repayment plan through the court.

Once your bankruptcy attorney and you decide that filing is the right course of action, the next step is to actually record the petition in court. Your attorney will take care of this step and all other legal filing requirements. But after the filing you will discover an attorney specializing in bankruptcies can offer a number of other services.

The bankruptcy attorney is prepared to handle any and all special issues that arise during the bankruptcy process. For example, if you owe the Internal Revenue Service there are specific forms which must be filed in order to request IRS approval of tax debt elimination. The IRS will respond by indicating which debts can be included in the bankruptcy. Other special issues include business related debts, medical bills and the state and local debt laws that must be balanced with federal laws.

When you file a bankruptcy, it also helps to have an attorney that is trusted by the courts. Experience counts in court and a recognized and knowledgeable attorney is able to handle any court requirements. When you file bankruptcy, the court appoints a trustee to represent the court. The trustee reviews the attorneys filings and can ask any questions that he or she sees fit to ask about your financial status. Your bankruptcy attorney can guide you through the process.

Your bankruptcy attorney also deals with creditors once the bankruptcy is filed. You virtually have no more contact with debt collectors and all debt collection efforts are referred to your attorney. This alone is a valuable service, because the attorney understands laws related to debt collection and is not cowed by collection efforts.

Even after you have completed your bankruptcy, the attorney who is an expert in bankruptcies can guide you on ways to re-establish your credit. This advice is valuable, because a bankruptcy stays on your credit record for 10 years. Therefore, establishing good credit is important, because your life will not be on hold for 10 long years.

A bankruptcy attorney is a person who will guide you through the entire bankruptcy process from initial financial status review to generating new credit after the bankruptcy is completed. If you are considering filing bankruptcy then your very first call should be to a bankruptcy attorney.

The Bankruptcy Attorney When Experience Counts Twice is a post from: Foreclosure Guide

Most people have a car loan when they file bankruptcy, so the old and new bankruptcy laws address loans on vehicles. Unfortunately, the new laws are tougher on debtors in terms of how much you must repay on your outstanding loan. This forces the debtor to pay the full amount for loans that even have excessive interest rates.

Under the old bankruptcy laws, debtors only had to repay the value of the vehicle they owned. That meant you only had to pay back the current resale value and not the retail value of the vehicle. Under the new law, if you have had a loan placed on the car within the last 3 years, you will have to pay the full amount of the loan.

This is one of the most significant changes in the new bankruptcy law. Under the old law, the courts would have determined the real value of the car and then figured up what you had paid to date and what you would owe in payments to reimburse to that value. Under the new law, you have to pay the full amount or lose the car.

This means that if you took out a loan at a high interest rate, you will still have to pay back the full loan. In effect, you are paying 2 or 3 times what the car is worth. This law change made it most difficult on those who had to accept less than desirable car loans in order to obtain a vehicle. Of course, under a chapter 7, you can surrender the car if you simply cannot afford to make the payments. But once again, that makes it difficult to recover from a bankruptcy when you have no car to drive. Under a chapter 13, the car loan payment is included in your repayment plan.

Speaking of bankruptcy car loans, you will probably be inundated with car loan offers once your bankruptcy is discharged. You wont ask for the information, but plenty will show up in your mailbox. Auto dealers know many people surrender their cars and need a vehicle, and so they track bankruptcy court records to find out who has filed. The letters claim to want to help you rebuild your credit, but you must be very careful. Odds are the car loan will be charged a premium interest rate because of your credit rating.

The good news is that if you can afford to buy a car, and don’t have one, the bankruptcy will not stop you from finding interested lenders. Its important to remember though that you don’t want to start creating new debt that you cannot afford to pay. You cannot file another chapter 7 for 8 years or a chapter 13 for 4 years. New creditors see themselves as first in line again in terms of collection status.

Figuring the Value of Your Bankruptcy Car Loan is a post from: Foreclosure Guide