VA Home Loans and Guidelines For Bankruptcy and Foreclosures

I receive a lot of VA loan questions in regards to bankruptcies (BK) and foreclosures. Most of the time the questions are determining how long a borrower has to wait after their bankruptcy before they become eligible for a VA loan? Or is there anything they can do while they wait to help their chances of getting approved for a VA loan once the waiting period is up. So let's dig in because as of right now the VA underwriting guidelines are much more flexible than conventional or FHA loan guidelines.

Chapter 7 Bankruptcy

How To File Chapter 7 Bankruptcy

First, a chapter 7 bankruptcy involves a complete discharge of debtors. Once the petition is file and accepted by the court and the BK is finalized the borrower is released from liability from the creditors. Generally, with a chapter 7 bankruptcy the VA underwriting guidelines require a 2 years waiting period from the discharge date of the bankruptcy before financing becomes available. There are, however, certain uncontrollable circumstances such as medical conditions or job loss that allow for financing 1 year after the discharge date but these are very rare. To contrast this with conventional guidelines at the time of the article Fannie Mae is now requiring a 4 year waiting period after a chapter 7 BK.

VA Home Loans and Guidelines For Bankruptcy and Foreclosures

Chapter 13 Bankruptcy

A chapter 13 on the other hand is called a wage earners plan. A trustee is appointed from the court and a repayment plan is negotiated. A veteran may actually be eligible for a VA mortgage while in the chapter 13 bankruptcy; but will need to have at least made 12 on time payments and have approval for the loan by the court trustee. Also, after the chapter 13 is finished the veteran borrower is eligible immediately. Fannie Mae requires a 2 year waiting period after the discharge.

Foreclosure

The VA guidelines state the foreclosure period follow the same rules as the Chapter 7 Bankruptcy. Basically, the veteran borrower needs to wait 2 years. Fannie Mae requires a 5 year waiting period now after the completion of the foreclosure, ouch.

Tips for after a Bankruptcy

As a top VA lender that has dealt with their fair share of bankruptcies we've put together a few tips that borrower can put to go use.
I strongly recommend after the bankruptcy has been discharged that you mail in a full copy of your discharge paperwork with all of the appropriate schedules the three credit bureaus Equifax, Experian and TransUnion. Often time some of the accounts included in the bankruptcy won't reflect that accurately. I also suggest you start by pulling your credit at least once a year from each of the nationwide consumer credit reporting companies. Keep track of what's gone on and make sure there are no inaccuracies by the time you are ready to apply for a VA loan. In addition, if you don't have any remaining creditors after your bankruptcy we strongly recommend reestablishing your credit if you have not already done so. Sometimes a borrower with a lack of credit is just as hard as approving borrowers with poor credit. And of course always, always, make your payments on time!

Of course the VA loan bankruptcy guidelines could change or be amended in the future but so far most of the VA guidelines have stayed the same.

VA Home Loans and Guidelines For Bankruptcy and Foreclosures

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The Ultimate Measure of a Man is Not Where He Stands in Moments of Comfort - Dr Martin Luther King

"The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy," Dr. Martin Luther King Jr.

This man 'had a dream'...he had a vision, and he knew what it would take to have it come true, not necessarily what would happen along the way, but what it would take to succeed.

How To File Chapter 7 Bankruptcy

One of the many inspirational quotes we can take from this visionary is how he measured success.

The Ultimate Measure of a Man is Not Where He Stands in Moments of Comfort - Dr Martin Luther King

The above quote puts it right on the table, "where he stands at times of challenge and controversy"...where we all are now, as clearly we are all facing incredible unprecedented business and financial challenges and controversy.

Do we look at adversity, challenge and controversy and give up, throwing our hands up in despair not knowing what to do and thus doing nothing?

Each one of us is being tested and each one of us will have the opportunity to be measured as to how well we do.

Fortunately each one of us does not have to figure out the right strategies for successful navigation of this challenging time. We have done it for you.

Downsize, and workout your debt, both challenging adventures that will test the mettle of any business man.

The good news is all you have to do is have the guts to be successful, a willingness to confront this challenge and ask us for help... We will do the rest.

Dr. King has it right; we are measured by what we do when confronted by adversity and challenge.

How are you measuring up?

The Ultimate Measure of a Man is Not Where He Stands in Moments of Comfort - Dr Martin Luther King

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Are Bad Credit Motorcycle Loans Possible

Are bad credit motorcycle loans possible? This is a question I am asked over and over again, whether it is just meeting a person on the street or though e-mail from a person that found my motorcycle financing website. Well the short answer is yes bad credit motorcycle loans are totally possible even if you have a bankruptcy on your credit report. However, there are certain things you need to consider before looking for a bad credit cycle loans because you can be taken advantage of just because you have poor credit.

First off understand that over and over again in the world of motorcycle loans, I see cycle buyers with bad credit tend to focus more on desperation for getting approved for motorcycle financing rather than making a good decision for there financial future. As a result, when the typical motorcycle buyer with poor credit is approved they are often stuck with hefty fees, and backend products that leave them paying much more for their motorcycle than they should.

How To File Chapter 7 Bankruptcy

If you have bad credit and need a motorcycle loan, the best advice I can give you is do not let someone tell you that you have to pay document fees, extended protection, Gap insurance or other add on products to get approved. Sure you may have to sacrifice for a higher interest rate on your bad credit motorcycle loan, but you do not have to get taken to the cleaners with a bunch of other fees.

Are Bad Credit Motorcycle Loans Possible

It is the above reasons that it is important to try to sometimes go straight to the lender and find a lender that will finance bad credit motorcycle loans I am not going to tell you that it is easy to get approved like if you had good credit but if you work a bit you can find motorcycle lenders specializing in bad credit. Here are some options you may want to consider.

1. Online Motorcycle Lenders: The nice thing about working with online motorcycle lenders is that you are going directly to the lender and there is no middle man involved with placing you in a loan that may put you in a bad situation. Going directly to the lender for bad credit motorcycle loans is always better in my opinion because the lender does not want to place you in a loan you will default on. On the other hand, going through a middle man you will find the middle man will want to place you in a situation where they will make the most money which could be a very bad loan for you.

2. Credit Union: Your local credit union may buy bad credit motorcycle loan more often than the average loan at a dealer because the credit union only has a small percentage of its overall loan portfolio in bad credit motorcycle loans. This allows them to control losses a bit better than a dealer because they have other thinks finance not just motorcycles. So they may approve bad credit motorcycle loans a dealer will not touch.

3. Personal Loans: Many people with poor credit tend to many times go for personal loans. I only recommend this option as a last resort, but I would much rather a bad credit applicant get the credit straight before getting a personal loan. The reason being is personal loans typically have very negative terms for motorcycle buyers and they can sometimes have interest rates in the 30% range. This is not a good situation for a motorcycle buyer.

4. Local Banks: Sometimes local banks can be an option for finding bad credit motorcycle loans, but typically they are stricter than Credit Unions. So check with your online motorcycle lender or credit union before going to a local bank. But similar to a credit union, local banks probably do not have a ton of their loans in motorcycles so this helps you chances of getting approved sometimes. Many times the less experience a bank has with motorcycle loans the better for you because they can sometimes evaluate bad credit motorcycle loans the same way as a car loan which typically is much more lenient.

So in a nutshell, if you are looking for bad credit motorcycle financing it is totally possible. It will require you to do a little more research than the typical person with good credit, but your efforts will be well worth it when you are riding your new motorcycle. The best thing for you to consider is not getting frustrated if one lender turns you down, because there is definitely a bad credit motorcycle loan out there waiting for you. You just have to start online or at your local credit union to get going in the right direction to financing your motorcycle.

Are Bad Credit Motorcycle Loans Possible

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2010 Largest Assisted Living Providers

While stormy economic conditions buffeted the business last year, indicators now point to smoother sailing ahead. As businesses in nearly every U.S. sector struggled to stay afloat last year, assisted living was the buoy in the choppy waters. Steady demand for quality services helped keep companies stable-even if accompanied by a hiatus from major mergers and acquisitions.

As businesses in nearly every U.S. sector struggled to stay afloat last year, assisted living was the buoy in the choppy waters. Steady demand for quality services helped keep companies stable-even if accompanied by a hiatus from major mergers and acquisitions.

How To File Chapter 7 Bankruptcy

Now, as economic forecasters allude to the end of the "Great Recession," companies like this year's Largest Providers are poised for growth, some of which is already underway. Forty-two of those companies (60%) that made the 2010 list report increases in licensed assisted living resident capacity-though much of that growth was in single-digit percentages. Another 16 of the top 70 companies maintained their size, while just 12 reported losses.

2010 Largest Assisted Living Providers

Here's a look at Assisted Living Executive's 2010 Largest Providers, and the business environment, transactions, and trends that landed each company a spot.

Top Players Hold Steady

In 2009, no assisted living providers merged nor acquired any other complete company. However, while most deals were small, the year did produce a few large portfolio acquisitions and considerable reshuffling. The biggest gains and losses were among the biggest players and occurred through simple sales and acquisitions.

For the first time since Assisted Living Executive began compiling this annual Largest Providers list, Sunrise Senior Living, based in McLean, Virginia, no longer sits at No. 1. The company, now No. 2, had no new building starts and sold off about 9 percent of its assisted living capacity (about 2,896 units) last year. Its biggest transaction was a portfolio of 21 communities in 11 states to Milwaukee, Wisconsin-based Brookdale Senior Living for 4 million, but Sunrise also sold smaller portfolios to regional providers, such as Baltimore-based Brightview Senior Living (The Shelter Group), which purchased two of Sunrise's New Jersey communities.

The Sunrise downsize has made Seattle-based Emeritus Senior Living the nation's largest assisted living provider. Emeritus acquired 2,221 new licensed assisted living units and grew by 7 percent in the past year, and it's very likely that Emeritus will not only maintain the top spot next year, but expand significantly in 2011. The company's partner, Blackstone Real Estate Advisors, is pursuing the purchase of 134 communities operated by Sunwest Management, which is in Chapter 11 bankruptcy. Under a preliminary agreement, Emeritus would manage the properties with the option to invest up to 10 percent of the equity in a joint venture with Blackstone and Columbia Pacific Management, an entity controlled by Dan Baty, Emeritus chairman and co-CEO.

Brookdale Senior Living maintained its No. 3 ranking, but also grew by 3,808 residents, or 15 percent, in 2009. Sunwest Management, last year's No. 4 company, comes in at No. 7 this year with 9,186 assisted living residents, a 43 percent drop. The company will disappear completely from the 2011 list if Blackstone or another entity receives court approval to buy the remainder of Sunwest's portfolio.

In terms of percentage growth, the clear winner is Solana Beach, California-based Senior Resource Group, another beneficiary of Sunwest's financial woes. The company picked up management contracts for 41 properties in 11 states, under the name LaVida Communities, when institutional investor Lone Star Funds of Dallas acquired the properties in the first big deal of 2009. Senior Resource Group catapults from No. 55 to No. 11, having grown its assisted living resident capacity more than 500 percent, to 4,897.

Big Movers

For the next Largest Providers percentage spike, look to CRL Senior Living Communities, which enters the list at No. 57, thanks to more than doubling its assisted living capacity from 502 to 1,019. Also on the growth path, Frontier Management expanded by 64 percent, from 828 to 1,358 licensed assisted living units, thanks to seven new management contracts and two new buildings. Frontier Management jumps 15 spots from No. 57 to No. 42. Watch this Western regional provider to grow further next year as several more new buildings open.

The fourth-largest list jumper is Carmichael, California-based Eskaton Senior Residences and Services, rising 12 spots to No. 56. The company reports 1,036 licensed assisted living units (up from 732 last year) due to either expansions or applications for additional assisted living licensing.

Only seven other providers report gains of 20 percent or more in the past year, and among them is Bradley, Illinois- based BMA Management. Because of its focus on the affordable market, the company continues to benefit from accessible financing sources not available to traditional providers. BMA Management's assisted living resident capacity jumped 27 percent in the past year as the company opened six new communities. In 2010, the company moves up the list by three spots, coming in at No. 21.

Other companies that increased their licensed assisted living capacity include Capital Senior Living Corporation (No. 20), which grew by 25 percent, and Bonaventure Senior Living (No. 23), whose assisted living capacity surged by 21 percent to 2,595. Assisted living capacity for Carlsbad, California-based Integral Senior Living (No. 24) rose 24 percent. Benedictine Health System (No. 41) grew by 20 percent, and Brightview Senior Living (No. 52, up from No. 62 last year) expanded by 29 percent, thanks to the Sunrise deal, which added 240 residents. Another chart-jumper was Leisure Living Management, which vaulted nine places from No. 58 in 2009 to No. 49 this year simply by adding 200 residents (22 percent).

The vast majority of expanding providers, however, had gains of less than 10 percent. But a little growth can go a long way when nearly 60 percent of companies on the Largest Providers list have fewer than 2,000 assisted living residents.

In another indication of assisted living growth, Independent Healthcare Properties, the smallest company on the list at No. 70, only kept its 2009 rank thanks to an 18 percent capacity gain from 706 to 833. Most of the 2009-ranked companies that did not make this year's list either maintained capacity or had very small gains. Another reason for higher numbers at the bottom of the list is attributed to data from five providers not previously listed-Spectrum Retirement Communities (No. 28), Mountain View Retirement (No. 50), CRL Senior Living Communities (No. 57), Welcome Home Management Company (No. 64), and Elder Care Alliance (No. 66).

Other than Sunwest, the company with the most dramatic drop in licensed assisted living capacity was Northstar Senior Living, which shed 1,068 residents, or 55 percent of its 2009 capacity, falling from No. 28 to No. 67. Again, because of modest overall numbers, decreases were most notable toward the bottom of the top 70 list. Grace Management saw a 30 percent decline from 1,399 to 979 and dropped from No. 37 in 2009 to No. 61 this year. Carillon Assisted Living, No. 49 in 2009, decreased its capacity by 24 percent from 1,024 to 775, removing it from the list altogether.

Several companies that didn't make this year's list but may show up in 2011 include Trinity Lifestyles Management, which nearly doubled in size to 480 assisted living residents after picking up three Atlanta-area EdenCare properties, formerly operated by Sunrise Senior Living. Wichita, Kansas-based Legend Senior Living has been raising its assisted living component steadily with new construction, expanding another 18 percent to 692 in 2010. And finally, AdCare Health Systems, based in Springfield, Ohio, remains a smaller provider at 231, but that reflects a 38 percent increase over the prior year, and the company recently announced raising .5 million to fund acquisitions.

More Stable Times Ahead

"The fact that we'll be able to point to this time period-the worst economic downturn in our lifetimes-and say that our industry weathered it pretty well and even continued to grow is significant," says Granger Cobb, president and co- CEO of Emeritus Senior Living.

The past two recessions hit assisted living hard, and many providers at the start of 2009 were concerned that the stalled housing market, depleted stock market earnings, and high unemployment among the adult children of potential residents could cause occupancy rates to plummet. Instead, after modest 2008 rate declines and a rent growth slowdown to 2 percent from 2.9 percent in 2008 and 4 percent in 2007, the needs-based component of assisted living seemed to trump economic concerns. Move-ins could be postponed but only for so long.

By second quarter 2009, signs of stabilization began to emerge, followed by a slow but upward trend, says Robert G. Kramer, president of the Annapolis, Maryland-based National Investment Center for the Seniors Housing & Care Industry (NIC). While national unemployment still hovered at a troubling 10 percent in January, Kramer says he's cautiously optimistic about the future, especially since the industry saw its largest absorption rate in the third quarter of 2009 since the first quarter of 2006- 1,400 assisted living units in the top 30 urban markets and slightly stronger in the top 100 markets.

Those statistics suggest that the overall picture is much rosier for assisted living than for other real estate sectors, including multifamily, hotels, and offices, Kramer notes. "Basically, we are seeing operators holding the line with regard to rates," he adds. "We certainly are seeing more concessions out there, but at the same time, those concessions tend to be very much market-specific, property-specific, or even unit-specific."

Still, move-in delays due to economic factors have amplified a trend already developing pre-recession-residents tend to be older and frailer, says Jim Moore, president of Moore Diversified Services and author of "Strategic Forecast," published in Assisted Living Executive's January/February 2010 issue. The result is heightened opportunity in dementia care, which is even more needs-based than assisted living, he adds. Indeed, a number of top 70 operators reported having converted independent units to assisted living or assisted living to memory care.

As for new construction, buildings already in the pipeline continued to open, but few companies launched new developments, and by January 2010, the number of new building starts had fallen to the lowest point since NIC started tracking senior housing trends. No companies went public in 2009.

Forecast for 2010

Access to capital will remain the primary challenge for development in 2010, although new properties financed before the recession will continue to open through the third quarter of 2010. But the lack of new properties isn't necessarily bad news for assisted living.

"We're going to go through a period of very little new product coming online, but if that coincides with pent-up demand and a recovery in the economy, all should bode well for occupancies and rent growth in assisted living," Kramer says. "Outside of external economic factors that we don't have any control over, the greatest risk to assisted living is overbuilding."

Fannie Mae and Freddie Mac will continue to be dependable sources of permanent 10-year financing, but when it comes to construction loans, developers have few options. Some very limited HUD 232 financing will be available, but more likely, the few projects that launch will do so because of relationships with local lenders.

Indeed, The Arbor Company, based in Atlanta, lacks the cash to develop properties on its own, but thanks to a partnership with Formation Capital, Arbor will manage two new properties scheduled to break ground this fall, says COO Judd Harper. "We feel much stronger and more optimistic about the assisted living occupancies in today's slowly recovering economy, but are optimistic about independent living's rebound in the future," he adds. "As people get jobs, they no longer are going to be able to care for a parent at home."

A bright spot in the acquisitions arena, private equity entities are beginning to eye assisted living as a desirable sector again, and the major REITs in senior housing are well-positioned to invest again, Kramer notes. Emeritus will be a company to watch thanks to the Blackstone deal, and while it only plans one new building in 2010, the company actively will be looking for other acquisition opportunities at attractive prices.

"If a company has liquidity, cash flow, and a reasonably healthy balance sheet, it will be in a great position because there are opportunities right now," Cobb says. That advantage isn't just for big companies like Emeritus, but also for regional and even small mom-and-pop players with targeted expansion plans, he adds, noting that "interest rates have not changed that much over the last couple of years, but the amount of equity and coverage ratios you have to have in place has become more stringent, as well as the underwriting."

Fanwood, New Jersey-based Chelsea Senior Living leveraged a strong relationship with a local lender to purchase a former Sunwest property in New Jersey last fall and is actively looking for more deals, says Roger Bernier, president and COO. "Some people are likely to see their debt maturing and be unable to refinance," he forecasts. "Ultimately we'd like to grow by two communities per year, but it has to be the right deal for us to take a look."

Much of the acquisitions action in 2010 is likely to remain with distressed properties, however, and no one expects lots of high-end properties to come on the market this year, says Steve Monroe of Senior Care Investor. "High-performing properties are only going to sell if owners can get a good price, although that may start to change later in 2010."

Still, wise operators should not be blinded by attractive price tags so much that they forget to consider how well the acquisition fits into their existing portfolio and evolving demands of seniors and their families, Moore cautions. "Senior psychographics are changing," he adds. "It's not so much the World War II homemaker widow as 80-year-olds who have been in the professional workforce."

Another area of opportunity in 2010 may be new management contracts for owners and lenders who may be unhappy with their current management, Moore suggests. And for many companies, the wisest move in 2010 may be just to sharpen internal operations, he says.

Although Greensboro, North Carolina- based Bell Senior Living is open to the right deal within the mid-Atlantic states in which it already operates, the latter strategy will be the company's prime priority this year, says President Steve Morton. "I'd say it's a time to focus on operations, improve operating results including management and revenue streams, and put together the necessary tools to maximize and run communities in the most effective manner possible," he says. "This is something we can do because we don't have five acquisitions or development deals."

Finally, unstable financial markets still make it unlikely that any company will go public in 2010, but if conditions improve, Moore says, the two companies to watch continue to be Atria Senior Living Group (No. 4) and HCR ManorCare (No. 10).

2010 Largest Assisted Living Providers

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Chapter 7 Bankruptcy Law

Under the grant of authority given by Article I, Section 8, of the United States Constitution, Congress enacted the "Bankruptcy Code" in 1978, which is codified as title 11 of the United States Code. From October 17, 2005, the courts must charge a 0 case filing fee, a miscellaneous administrative fee, and a trustee surcharge, which must be paid to the clerk of the court upon filing. However, individual debtors may pay in installments with the court's permission.

To qualify for relief under chapter 7 of the Bankruptcy Code, the debtor can be an individual or business entity. This eligibility is discussed under U.S.C 11 subsections 101(41), 109(b). An individual may not be a debtor unless he or she has received proper credit counseling within 180 days before filing. If the 'current monthly income' of the debtor is more than the state median, the Bankruptcy Code requires application of a 'means test'. With the petition, the debtor must also file with the court schedules of assets and liabilities, current income and expenditures, unexpired leases, a statement of financial affairs and a copy of the tax returns. Also, debtor must provide a list of all creditors and claims, the source, amount, and frequency of the debtor's income, a list of all of the debtor's property and a detailed list of the debtor's monthly living expenses.

How To File Chapter 7 Bankruptcy

Under the U.S.C. 11 Section 362, the 'Automatic Stay' on collection action is put so that creditors may not initiate or continue lawsuits or demand payments. U.S.C. 11 section 721 and 726 discusses the role of the impartial trusty who administers the case, operates the business of debtor and liquidates the debtor's nonexempt assets. The trustee holds a meeting of creditors between 20 and 40 days after the petition is filed. At the meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must cooperate with the trustee and provide any documents that the trustee requests.

Chapter 7 Bankruptcy Law

A discharge given according to U.S.C 11 section 727, releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. The court may revoke a chapter 7 discharge on the request of the trustee or creditor, if the debtor obtained the discharge through fraud.

Chapter 7 Bankruptcy Law

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Chapter 11 Bankruptcy - What Does it Mean and Who Can File It

When you file a petition for bankruptcy you also file with the courts a disclosure statement. This is a document that you list your debts and assets. You must make a list of all your liabilities and all your assets so the court has them on record. Then a reorganization plan is filed with the court.

Chapter 11 is usually used to reorganize a business. A corporation exists separate and apart from its owners and the stockholders. A sole proprietorship is a business that has a single owner as the debtor and therefore the bankruptcy case includes both the owners personal and business assets.

How To File Chapter 7 Bankruptcy

The courts appoint a trustee to oversee the bankruptcy is handled properly. The U.S. trustee supervises and monitors all steps of the proceedings including but not limited to the sale of the debtors assets. The trustee also plans and monitors disclosure statements filed with the court and creditors' committees. The trustee also coordinates and facilitates a meeting with the creditors. The trustee will require the debtor to report its monthly income and operating expenses.He or she also lets the debtor know all new bank accounts must be reported.

Chapter 11 Bankruptcy - What Does it Mean and Who Can File It

If the company has stock and it is publicly traded, it too may be affected. Stocks become delisted and will be noted on the stock exchange with a "q" after its name when it is in bankruptcy proceedings. Usually a good portion of stocks that are delisted become players in the counter stocks.They usually are rendered worthless when the disposition of the bankruptcy happens so people want to rid themselfs of these potentially worthless stocks when they can still get something for them.

An individual is also able to file a chapter 11 Bankruptcy petition. However, the steps and proceedures in a chapter 11 are so complex that people often opt for either Chapter 7 or Chapter 13 if they qualify.

Individuals may also file for Chapter 11 bankruptcy, but due to the complexity of the proceeding-, this option is rarely chosen by debtors who are eligible for Chapter 7 or Chapter 13 relief.

Chapter 11 Bankruptcy - What Does it Mean and Who Can File It

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Marriage During Chapter 13 Bankruptcy

We can never tell the future. Some people file bankruptcy and then get married. With a Chapter 7
bankruptcy, it is normally not a problem because most Chapter 7 bankruptcies are over in a matter of months. However, a Chapter 13 bankruptcy will last between 3 to 5 years. And a lot can change during that time, including finding Mr. Right or Ms. Right. For individuals who are still in a Chapter 13 case, the question becomes: "Does marriage during Chapter 13 bankruptcy affect the bankruptcy"? And "if it does, how"?

The simple answer is yes, marriage during Chapter 13 bankruptcy does or, at least, can affect the
bankruptcy.

How To File Chapter 7 Bankruptcy

One of the first things that you do when filing bankruptcy is to disclose your income and expenses so that the court, trustee, and creditors can fairly determine your financial situation and your ability to pay on a Chapter 13 payment plan. With an individual, the law looks at the individual's finances. With a married individual filing an individual bankruptcy, the law looks at the married couple's finances even though one Spouse is not involved in the bankruptcy.

Marriage During Chapter 13 Bankruptcy

Also, in determining if an individual qualifies for bankruptcy, the finances of the individual or the married couple are compared to other people in your state in a similar situation.

The law does not merely look at your financial situation at the beginning of filing bankruptcy. Rather, the law will look at your financial situation when there are changes because the changes may affect your ability to pay the payment plan.

In the case of getting married during a Chapter 13 bankruptcy, you may actually be able to pay more to your creditors because your monthly net income (income less expenses) may increase if your new Spouse helps pay household bills. However, if your new Spouse does not work and does not pay toward household expenses, you may actually have less money to pay toward your payment plan.

Regardless of whether or not your new Spouse works and contributes to paying household bills, you need to notify the trustee of your marriage. Depending on your situation, your Chapter 13 bankruptcy payment plan may need to be amended to reflect your new ability to pay or not to pay.

Even though your new Spouse can affect your payment plan, your new Spouse will not be a party to your bankruptcy.

This is general information. If you need specific information or have any questions of any nature whatsoever, talk with a lawyer licensed in your state.

This article may be republished, but the wording must not be changed and the author links must remain active.

Marriage During Chapter 13 Bankruptcy

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Chapter 7 Bankruptcy and the Decision to File

When you find yourself unable to pay your bills and unable to get through a meal at home or a television show without a phone call from a collection agent, it's time to take serious action. You may have thought about bankruptcy, perhaps you've done some research on the internet. But you have a reason to stop short of picking up the phone and calling a bankruptcy attorney to take that first step.

Just what is that first step?

How To File Chapter 7 Bankruptcy

The first step is easier than you might have thought. Simply call a bankruptcy attorney (there are plenty, so it's easy to find one close by) and set up an appointment for a consultation. Every bankruptcy attorney offers potential clients a free consultation. This is your opportunity to spend some time with a bankruptcy professional who can answer your questions and help you see more clearly what your options may be.

Chapter 7 Bankruptcy and the Decision to File

Most of the people I've spoken with about this have told me that they have spoken with friends, relative, their mechanic, plumber, and 3rd cousin about bankruptcy. Unless their friends, relatives, and third cousins are also practicing bankruptcy attorneys, it would be a fair assumption that the information they impart is far from accurate.

After many years of working with people in all areas of the debt relief industry, I've come to understand a few of the many reasons that people postpone contacting the one resource that can actually provide useful information. What I've discovered above all, is that a great number of people don't make that first call to a bankruptcy attorney because they think if they could afford to file bankruptcy, they wouldn't have a problem in the first place. Where would this kind of assumption come from? I think it might have come from a friend, relative, or third cousin.

Most bankruptcy attorneys who are experienced in consumer law and consumer bankruptcy understand the financial dilemma that their clients are facing. Therefore, they will almost always work with clients on a payment basis. Filing bankruptcy is not like getting a driver's license. The simplest of bankruptcies is an extremely complex process with a massive amount of paperwork that must be generated.

Your bankruptcy attorney, whether you are filing a chapter 7 bankruptcy or chapter 13 bankruptcy, will be able to start working on your case with a reasonable down-payment for the total retainer. When you meet with your bankruptcy lawyer for your free consultation, once they have established the fee for the bankruptcy filing let the attorney know that you will have to satisfy their retainer in payments. Be clear about how much you can afford and how long it will take you to pay the full amount. Be realistic about this; don't expect to stretch payments out over an extended period of time. A chapter 7 bankruptcy can take three to four months to complete, a chapter 13 bankruptcy can take considerably longer.

If the bankruptcy attorney is unable to accommodate you, assuming that your payment schedule proposal is reasonable, find another attorney. There is no point is trying to haggle with an attorney about his or her fee. The quality of a bankruptcy attorney cannot be measured by the amount of their retainer. It's rare that any two attorneys would charge the same amount for filing bankruptcy. The attorney's fee is not nearly as important as how you "feel" about working with a particular attorney. Your bankruptcy attorney will be working with you, and perhaps your spouse, in an area of your life that you hold very closely. It only makes sense that your bankruptcy attorney is someone that you are completely comfortable with and able to trust with your most critical personal financial information.

If you're waiting to find out just how much a bankruptcy filing will cost, I'm afraid that I will have to disappoint you. That's a topic for another article; however, very few if any attorneys will discuss their fee for bankruptcy over the phone. There are many good reasons for that, most importantly, no two bankruptcy cases are the same. The fact is that asking an attorney how much his retainer will be prior to the bankruptcy attorney having an opportunity to review all the particulars of your case, is much the same as telling your doctor that your arm hurts and then asking the doctor what he or she will have to do to make it stop hurting.

The point is that if you insist on not scheduling a meeting with a bankruptcy attorney until you find one that will commit to a "price" is not going to help you get relief from the creditors and collectors that will continue to harass you. If you wait too long, you will likely find yourself in court with any one of your creditors.

If you are struggling with debt, and the situation gets more out of hand with passing time, you owe it to yourself to find out if bankruptcy is the right choice. Most people who have filed bankruptcy will tell you that they wish they would have done it sooner.

Chapter 7 Bankruptcy and the Decision to File

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Top Reasons to Avoid Chapter 13 - When Bankruptcy is Not the Best Option

When you first read about the provisions of Chapter 13 bankruptcies, it seems like an attractive debt management option. However, one of the top reasons to avoid Chapter 13 is that it sets unrealistic goals for the debtor. First, you need to understand what Chapter 13 is.

If you have an asset that you would rather not lose through a debt, such as a mortgaged home, your credit counselor or bankruptcy trustee may advise you to file for Chapter 13. Debtors who have accumulated back taxes or assets with lower value than liens are also encouraged to file Chapter 13. You do not have to repay the entire loan amount, provided you can convince the court of your inability to repay the debt in full. Chapter 13 allows debtors to keep an asset that does not come under exemption.

How To File Chapter 7 Bankruptcy

You can file Chapter 13 every four years. In return, you have to come up with an acceptable debt repayment plan that aims to repay loans through your income. Chapter 13 is in force for a period of three to five years, during which you must make weekly or fortnightly payments toward clearing the debt. Creditors must forfeit the remaining amount once Chapter 13 payment plan ends. Until Chapter 13 is in force, your creditors cannot hike interest rates. Sounds too good to be true? It probably is.

Top Reasons to Avoid Chapter 13 - When Bankruptcy is Not the Best Option

One of the top reasons to avoid Chapter 13 is that the eligibility requirements for this type of bankruptcy exclude people who don't have a steady income or job. Your problem also might be that you have landed in the debt trap because you don't have a steady income. If you could repay loans through your income alone, you would have done it by now. Second, your income level must be higher than a certain stipulated threshold for you to be eligible.

Another one of the top reasons to avoid Chapter 13 is that it can bring your lifestyle under a court mandate. While many people are okay with that kind of regulation over their lives if it helps those clear debts, some debtors feel hopelessly trapped when told where to live, how to travel, what food to eat... Remember, once you file for Chapter 13, the court and trustees have the right to look at the minutest details of your income and expenses and order changes that they deem fit.

To clear the loan from your income you will need to forfeit any unexpected profits that come your way during the time Chapter 13 is in force. Suppose you are gifted or willed a new car or make unexpected profits from a side business, the asset might be forfeited toward payment of your loan. Top reasons to avoid Chapter 13 also includes the fact that your spouse may also be asked to provide detailed reports of their assets, income, and expenses, even if you don't file for bankruptcy jointly.

Top Reasons to Avoid Chapter 13 - When Bankruptcy is Not the Best Option

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How Chapter 11 Works for Business Bankruptcy

Chapter 11 of the United States Bankruptcy Code is available to both businesses and individuals to reorganize their debts. However, it is primarily used by businesses and is available to all types of legal entities from corporations to sole proprietorships.

Businesses or its creditors can file for protection under this section of the code when the business is no longer able to service its debt. The benefit is that the debtor retains control of business operations as a debtor in possession.

How To File Chapter 7 Bankruptcy

While maintaining most of the features of other bankruptcy chapters, going this route gives the trustee the power to operate the business. Unless disqualified for cause, the debtor ordinarily acts as trustee while overseen by the court.

How Chapter 11 Works for Business Bankruptcy

There are 2 ways these types of proceedings can begin, each of which involves a petition to the court. In voluntary proceedings, the debtor files the petition for protection to the court. But in involuntary proceedings, the creditors file the petition when it meets certain requirements.

Restructure

The debtor can then restructure his business using a variety of mechanisms. The debtor can obtain new financing on better terms than previously. The debtor can also cancel or reject contracts. The debtor also receives an automatic stay from litigation.

In cases where debts exceed the business's assets and restructuring results in the owners being left with no value, the owners' rights and interests are usually ended and the company's creditors assume ownership and control of the company.

While creditors are heard in court, it is the court that makes the final determination of the restricting plans.

Conversion

While Chapter 11 provides an automatic stay of collection efforts, creditors may ask the court to convert the bankruptcy to a 7, which will liquidate the debtor company. If this is in the best interest of the creditors, the court may grant this conversion. Sometimes liquidation can occur under an 11 to provide a greater return on the company's assets.

Contracts

In some cases, when executor contracts are cancelled, the non-debtor contracting party becomes an unsecured creditor in the bankruptcy.

Creditors

Creditors are given the same priority in this as in other chapters. Secured creditors are paid first and unsecured creditors are paid via a specified order. Each level must be paid in full before the next creditor level receives any payment.

Stocks

Chapter 11 will cause a company's stock to be delisted on the exchanges. These stocks may resume trading as over the counter stocks. The eventual result in many cases is making the stocks valueless.

Final thoughts

Sometimes it is in the best interest of the creditors for the company to be in Chapter 11 rather than a different bankruptcy chapter. Its value is greater than if assets were sold off piecemeal. Jobs may also be saved and creditors will benefit.

In the past, many large companies have been forced into this type of bankruptcy reorganization, one of the largest being Lehman Brother Holdings, Inc. in 2008.

How Chapter 11 Works for Business Bankruptcy

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How to Qualify For Post Bankruptcy Loans

You may be feeling a little overwhelmed after you come out of bankruptcy. You are probably wondering where to turn, if anyone will loan you money, what type of loans you can qualify for, and more. The answers to these questions are foremost on the mind of each person who has a bankruptcy proceeding discharged. The fact is, by filing bankruptcy, you have caused a notation to be stamped upon your credit file that can take up to ten years to remove - and you will have to put some effort into making yourself appear to be a worthwhile borrower again before you will qualify for a post-bankruptcy loan.

Although you now have a slate that is wiped clean of debt, lenders also know that you are willing to forget about your debt entirely when you file bankruptcy. You can take a few steps leading up to borrowing your first post-bankruptcy loan that will make you look like less of a risk to potential lenders.

How To File Chapter 7 Bankruptcy

Small Steps To Good Credit

How to Qualify For Post Bankruptcy Loans

Begin your quest to show your new responsible side by obtaining at least two secured credit cards. A secured credit card issuer will grant you a credit line equal to a deposit that you allow the to hold. This card will report to the credit bureaus just the same as other credit cards, and you can add points fast with proper usage. For example, if your credit line is 00 on your secured credit card, charge no more than 0 and pay off all of the balance each month other than 0. This is a great way to demonstrate your newfound ability to manage money.

Tips From The Pros

Establishing both a checking account and a savings account is vital to looking like a good borrower. Never overdraw your checking account, and make timely deposits to your savings account - even if it is just a week. By having these accounts, you show potential lenders that you are looking out for your financial future, which is a cornerstone of being a responsible borrower and good customer.

Do not expect to qualify for a huge loan when you are fresh out of bankruptcy. Most post-bankruptcy loans start out at 0 and may be written for as much as ,000 - and are short term loans usually requiring total repayment within one to two years after you receive the proceeds. Most lenders that accept you as a borrower will use your first couple of loan products to test your money management skills and responsibility in repaying them. They will not usually go out on a limb to grant you loans larger than ,000.

Cosigner Improves Chances

You can improve your chances of approval for your post-bankruptcy loan if you have a cosigner who has established good credit and is willing to sign with you for your loan. Your cosigner would become liable to the lender if you fail to honor your end of the bargain.

Online lenders have a greater approval rate than traditional brick and mortar lending institutions due to competition online and a saturated lending environment. Online lenders will also have the added convenience of totally electronic application processes over a secure website.

How to Qualify For Post Bankruptcy Loans

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5 Benefits For Bankruptcy Chapter 7 Filing

Often times, it is common to hear people say negative things about those that file Chapter 7. Yet, those that have done this are the first to tell you just how beneficial it is to their lives. Is it a good thing? Is it cheating others of what you owe them? For each person there is a different outlook on this, yet the bottom line is quite clear. The fact is that people are seeking help when they are seeking Chapter 7 and by far most cases are from those that are looking for light at the end of the tunnel rather than those looking to cheat others.

Bankruptcy Chapter 7 Filing - Why It's A Benefit

How To File Chapter 7 Bankruptcy

There are several reasons why filing Chapter 7 can be a benefit for you. Here are some things to look forward to.

5 Benefits For Bankruptcy Chapter 7 Filing

o With debts being discharged, not only are you financially free but you are emotionally free from the stress and anguish over how you will make ends meet. This relief is something that can change your life from worry and anxiety to a new beginning of hope.

o Within a matter of months, you will be eligible for new loans. While it will cost you a large amount of money to use these loans, there is the possibility of making it happen at any rate. That means that you have a chance at rebuilding your credit so that you can move on to better things later on in life.

o You will end the calls from creditors and you will be able to stop most of the garnishments that you are facing. When you do this, you'll find yourself facing peace in your home again.

o You can learn from your mistakes with credit and debt and begin a new chapter. By filing Chapter 7, you can begin to see how to correctly manage money so that you don't find yourself in so much trouble.

o You can work on building a savings account, an education fund and even a retirement account when you don't use credit, but work off a cash only system.

These are just some of the many benefits that are yours to take full advantage of when you file Chapter 7. The end result is simple. When you file this bankruptcy, you have a new beginning waiting for you. Is Bankruptcy filing for Chapter 7 in your plans for the future? Use it to get a new lease of life for your future, if it's applicable to you. With this fresh start, you can do and be anything you really want to be.

5 Benefits For Bankruptcy Chapter 7 Filing

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No-Asset Bankruptcy Cost: How Consumers Can Get Cheap Bankruptcy and Affordable Chapter 7

Many financial experts and analysts have frequently made the case that the no-asset bankruptcy cost should be very low cost, such that most consumers can get bankruptcy cheap and affordable chapter 7. A major reason often advanced by such experts, especially in times of harsh economic conditions and rising cost of bankruptcy such as today, who make the case that the cost of routine bankruptcy ought to be a cheap, low-cost affair, is rooted in the argument that an overwhelming majority of personal bankruptcy cases, particularly the Chapter 7 types, are simply "no asset" or "minimum asset" cases. This is defined as a bankruptcy case of the type where the debtor who owes the debts literally has or owns absolutely NOTHING - no money or property of the type, or worth or value that the creditors can possibly claim or seize from the debtor under the law, if the debtor does not pay them (quite apart from the fact that the debtor lacks any with which to pay the lawyer's hefty fees).

The basic argument of these bankruptcy experts and professionals, including law professors, lawyers, court trustees and judge, who make this point, is that such no-asset cases are routine, simple and straightforward in character, in that they require nothing complex but only simple routine paperwork by the debtor or an assistant to prepare the debtor's bankruptcy case for the court and to do the processing of the case. And secondly, that in such cases the creditors generally offer no contest or challenge to the case once they become duly aware that a debtor's bankruptcy petition is in fact a no-asset case because they stand to gain or collect nothing any way by doing so. Hence, they generally argue, the no-asset bankruptcy cost should be very little, cheap and most affordable Furthermore, the same argument is used by those who say that such cases really don't need the services of a lawyer in handling them since, they say, that such bankruptcy cases are generally too simple, elementary and largely clerical for one to undertake.

How To File Chapter 7 Bankruptcy

THE BASIC TYPES OF BANKRUPTCY CASES

No-Asset Bankruptcy Cost: How Consumers Can Get Cheap Bankruptcy and Affordable Chapter 7

There are, of course, basically two types of PERSONAL bankruptcy cases provided for under the U.S. Bankruptcy Code - the Chapter 7 and Chapter 13 types. These designations derive from the names of the chapters of the Code that describe them. A brief description of each of these:

CHAPTER 7. Often called "liquidation" bankruptcy, this type of bankruptcy primarily contemplates an orderly, court-supervised procedure by which a court-appointed "trustee" takes over the assets of the debtor's estate (to the extent that he or she has any, if at all), "liquidates" or reduces them to cash, and makes distributions of such recovered funds to creditors. The debtor is allowed to retain certain "exempt property" that will allow him the bare necessities to enable the debtor to live on even after bankruptcy. In practice, however, there is usually little or no nonexempt property left in most chapter 7 cases, and hence, there is generally NO actual "liquidation" of the debtor's assets in the average case. These cases are called "no-asset cases."

CHAPTER 13. This is often called the "adjustment of Debts" bankruptcy for an individual with a regular income. This type of bankruptcy is designed for an individual debtor who has a regular source of income. Chapter 13 is usually preferred to chapter 7 by debtors who have some valuable asset that they need to keep, such as a house, because this type of bankruptcy enables the debtor to propose a "plan" to repay creditors their debts over time - usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief because they do not meet the "means test" requirements. Basically, in a Chapter 13 case, the debtor works up a "repayment plan" approved by the court by which he or she then repays the debt, in part or in whole.

What property may you keep in bankruptcy?

In Chapter 7 cases, which is the one that typically involves limited or no assets, the overwhelming majority of debtors who file them keep all of their property. (The basic principle of the Bankruptcy Code or law, aims to give the debtor a fresh start, not to punish).

The following property may be exempt under Section 522 of the U.S. Bankruptcy Code (11 USC 522):

a. Home up to ,425.00 in equity;
b. Disability or unemployment benefits;
c. Life insurance policy with loan value up to 00.00;
d, Alimony and child support;
e. Most pensions and some IRAs (401 K plans are also protected and under New Jersey law do not even become part of the bankruptcy estate. Evans v. Evans, 2001 WL 1711048 [N.J. Super. Ch.]. IRAs that qualify are also excluded from the bankruptcy estate. Yuhas v. Orr, 104 F.3d 612 [1997]);
f. Personal items such as clothes, appliances, books, furniture, household goods, and musical instruments up to 0.00 per item, not to exceed a total of 00.00;
g. Jewelry up to 50.00;
h. Motor vehicles up to 75.00;
i. Personal injury recoveries to ,425;
j. Additional personal injury recoveries if in compensation for loss of future earnings. In the Matter of R. Scotti, 245 B.R. 17 (2000);
k. Other payments in compensation for loss of future earnings;
l. Workers' compensation benefits. Evans v. Casarow, 29 B.R. 336 (1983);
m. Wrongful death recoveries for an individual you depend on;
n. Public benefits including unemployment, social security, public assistance, veteran's benefits, and crime victim's compensation;
o. Tools of trade up to 50.00;
p. "Wild card" exemption up to ,650.00 of any property. It can be used only to the extent that a home is not exempted. For instance, say a debtor owns no real property and has a car worth ,000 and a diamond ring of equivalent value. The ring or the car (any item or items providing totaling to value of NOT more than ,650.00) may be retained, but not both.

After You File in a No-Asset Case

Here's the way it works. Basically, once you file bankruptcy, a court-appointed officer called a trustee, will be assigned to your case. The trustee will first review your assets and determine whether they fall under the category called "exempt" or "nonexempt." Nonexempt assets (if and when they are owned by a debtor) are the type that will be sold and the proceeds used to pay your creditors. While exempt assets, on the other hand, are the type that will remain yours.

Hence, if your case has nonexempt assets, your creditors are allowed to file a claim for distribution, and may have such assets distributed to them by the case trustee. However, if on the other hand the trustee determines that all your assets are exempt, then he'll file a "no asset" report with the court.

As a rule, most Chapter 7 bankruptcy cases are no asset cases.

Why Chapter 7 Cases are Ripe for Low-Cost or Do-It-Yourself Bankruptcy

In effect, what this means is that when you have a no-asset case - which means the kind of case of which some 80-90 percent of the Chapter 7 bankruptcy cases are comprised - all that's basically needed is for the case trustee to make his/her determination that it is a no-asset case, and for him/her to file his "no asset" report with the court. And the case is almost practically done since practically no creditor is likely to challenge it or to file any claims against the debtor's case or his being discharged from the debt obligations. The debtor (meaning usually the lawyer he shall have hired to handle his case) only has to complete the usual litany of routine forms and documents and to "file" them with the bankruptcy court for processing. And that's just about all! In other words, the case is just simply a relatively simple clerical matter involving basically a mere completion of simple routine forms and submitting them to the local bankruptcy court.!

Hence, according to analysts who have studied the bankruptcy system and are of this view, in light of the apparent simplicity involved in doing such operations, the lawyers' no-asset bankruptcy cost should be very low, and should be such that consumers can get bankruptcy cheap and affordable chapter 7.

NEED FOLLOW-UP INFORMATION?

Wish to follow up on doing, simply, affordable cheap no-asset bankruptcy, or for comprehensive pointers on assistance for getting one? Visit this site: http://WWW.Afford-Bankruptcy.Com/proSeBankruptcyTrend.html

No-Asset Bankruptcy Cost: How Consumers Can Get Cheap Bankruptcy and Affordable Chapter 7

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Chapter 7 Bankruptcy Help: What to Do When a Creditor Won't Stop Contacting You

When it comes to filing for a Chapter 7 bankruptcy, you can expect that your unsecured debts will be discharged after your non-exempt possessions are sold to pay off your creditors (not to worry; your house won't be part of the distribution money). Once the debts are discharged, it's illegal for your creditors to attempt to contact you and collect on any old debts.

However, that doesn't mean that they'll listen: a minority of creditors might continue to collect on payments owed, despite the fact that the bankruptcy courts discharged the debts. If you're being harassed by a persistent creditor, there are multiple steps you can take to protect yourself and your finances.

How To File Chapter 7 Bankruptcy

Contact the Bankruptcy Court

Chapter 7 Bankruptcy Help: What to Do When a Creditor Won't Stop Contacting You

If an old creditor won't leave you alone even after your debts have been discharged, you can file a petition with your local bankruptcy court. Once the court receives your petition, your bankruptcy case will be opened again so that the courts can assess the debts that were discharged. Not to worry: this is just a formal procedure, as any and all debts that have been discharged are to remain permanently discharged. Once your bankruptcy case has been opened, the bankruptcy courts can order your creditors to stop contacting you. It's a good idea to get a great bankruptcy attorney by your side throughout this whole process to ensure that you successfully petition the bankruptcy courts for legal relief.

If your creditor is still harassing you even after the bankruptcy courts have intervened, you can move onto the next step.

File a Civil Suit

If the creditor violates your bankruptcy ruling, you can file a civil lawsuit. The punishment will involve a fine, which will be paid directly to you. Again, if you have to bring a lawsuit against your creditor, it's recommended that you contact your bankruptcy attorney, as the process can be long, difficult and riddled with obstacles.

If you'd like to warn others about your creditor's behavior, you can take this next step for relief.

Report the Creditor to the Federal Trade Commission (FTC)

To properly report your creditor and strengthen your lawsuit against them, it's recommended that you file a case with the FTC or your attorney general. This means that the government can open up an investigation into the consumer practices of your creditor - if any illegal practices are discovered (and if your creditor is ignoring the law, then you can bet they'll discover more than a few), the creditor will be fined. You'll also be entitled to monetary compensation for your distress.

If a creditor won't stop harassing you despite having the debt discharged by bankruptcy courts, it's a good idea to contact a bankruptcy attorney for assistance. Make sure that your bankruptcy lawyer has a great deal of experience in this arena, as dealing with persistent creditors requires the expertise of a highly seasoned professional.

Chapter 7 Bankruptcy Help: What to Do When a Creditor Won't Stop Contacting You

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Chapter 7 Timeline

Chapter 7 bankruptcy allows many debts to be forgiven. The process includes taking certain steps at the proper times. There are many regulations that guide when and how a bankruptcy must be filed. It takes time to be relieved of many debts through chapter 7. Understanding the timeline will help guide an individual or business prepare for a chapter 7 bankruptcy filing.

Qualifications and Counseling

How To File Chapter 7 Bankruptcy

Ensuring you meet the requirements for bankruptcy is essential. Attempting to file for chapter 7 when you are able to repay some of your debts through chapter 13 can be a detrimental mistake. This will be considered taking advantage of the system and may affect any future claims for bankruptcy. Speak to a bankruptcy lawyer before you decide to file for chapter 7 to prevent this from occurring.

Chapter 7 Timeline

A counseling session is required by the courts before a case can be officially filed. This must be completed within the 6 months of filing.

File the Case

The next step is to head to the court house and sign the necessary paperwork. Soon after, creditors will be notified by the courts and debt collectors will stop calling.

After 20-40 days, a meeting will take place between the person who has filed and their creditors. This is called a "341 meeting." Often times the creditors do not participate. After this step has been taken, creditors must report unsecured debts that they believe are not eligible for forgiveness.

At this point in the chapter 7 bankruptcy process, many of your debts may be forgiven.

According to the National Bankruptcy Research Center, chapter 7 bankruptcies are up 32% since 2008. Therefore, the government is being more and more cautious with regards to whom they grant this status. Understanding the process and timeline will be an asset to those who want to successfully enter into chapter 7.

Chapter 7 Timeline

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How to Discharge Students Loans With Chapter 7 and Chapter 13 Bankruptcy

Because of changes in the bankruptcy code in 2005, it is rarely possible to your student loan debt relief through Chapter 7 bankruptcy. With only rarely, as in any legal form, there are some ways around this law. It can be undue hardship exemption request, which shows this debt, in fact, makes too much of a burden to you. These laws can be very complex and very difficult to get a successful appeal undue hardship. Where you have a disability or somethingelse making it so you cannot work, you can sometimes get the undue hardship. However, if you are capable of working, you quite often have to pay the student loan.

This isn't meant to say you have no options; you do. You can in fact file Chapter 13 bankruptcy in order to pay the debts in installments. We will now go over the key points you need to know in successfully filing Chapter 13, how you can pay off your student loans, what other ways Chapter 13 helps, and how to get legal help.

How To File Chapter 7 Bankruptcy

Successfully Filing Chapter 13 Bankruptcy
Simply put, Chapter 13 allows you to discharge debts by paying some or all of the debt. Sometimes you pay a fraction of the debt, other times the full amount. While Chapter 7 is a way to eliminate debt, Chapter 13 buys you time to pay on what debts you owe.

How to Discharge Students Loans With Chapter 7 and Chapter 13 Bankruptcy

Student Loans and Chapter 13
You are not always eligible for bankruptcy. If you owe more than ,081,400 in secured debt or 0,475 in unsecured debt, you are not eligible for Chapter 13. You must also be able to prove you can afford the repayment plan. If you have no income coming in, you won't be able to keep up with the repayment plan. While you may not pay the balance in full, the repayment plan allows you to rebuild your finances so you can come out in the clear when done.

Chapter 13 Benefits
There are some other consideration with this form of bankruptcy. For one, you can buy time to pay off other debts so you can focus on your student loans. If you have a home, for example, you can protect it with Chapter 13. It's the same with a car and other assets: you can keep them and pay over a period of time on the debts. If you can buy time to pay off your home and car debts, you might have a better chance with the student loans.

Who can help?
In any bankruptcy case, you need an experienced lawyer. While it may seem simple to fill out some paperwork, appear in court, make your points, and come out some time later free of debt, it does not work that way (though it would be nice). Bankruptcy is a very complex legal process. And an experienced lawyer is not too expensive when you think of all the benefits a good one can bring. So if you're unsure of how to protect your assets, avoid losing everything, or simply paying on your student loans, contact an experienced bankruptcy lawyer today.

How to Discharge Students Loans With Chapter 7 and Chapter 13 Bankruptcy

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How to File Business Bankruptcy Under Chapter 11

Business Bankruptcy is quite common and many of big and small businesses have in the recent economically unstable situations have undergone bankrupt. The businesses can now avail benefits to restructure and re organize their business under special chapter given in federal bankruptcy law. The purpose of filing the bankruptcy in chapter primarily aims at repaying the creditors in full or in part as decided by the court apart from offering complete protection from the creditors. Let's know why a business becomes bankrupt. Of course unstable financial condition is one big reason for any business to go bankrupt, but there are many other significant reasons as well. Other major reasons which help in contributing to bankrupt situation are: inept marketing; inadequate quality control on a product or service; Lack of consistent and constant money resource etc. Once you find that your business is not running well and you may go bankrupt any time, it becomes your responsibility that you talk with the bankruptcy lawyer and discuss your present situation. This will help you to prepare for your bankruptcy well in advance, and you will be placed in better position. The whole idea out here is to plan your bankruptcy well before you get out of order. Remember, you hire only experienced bankruptcy lawyer so that you are able to file for bankruptcy in right time and under right chapter.

Should I file for bankruptcy? Keep in mind that you make the right decision first within yourself and then make the move. There can be number of reasons why your business didn't pick up, and as the result of which your financial condition has made a down turn. The very next thing that you should go for is file the bankruptcy so that you can correct your financial condition and come back to stable levels. Do not be in a hurry and consult your bankruptcy lawyer and the lender to suggest your possible course, where your financial condition will improve and you will be able to begin your business again.

How To File Chapter 7 Bankruptcy

Chapter 11 Bankruptcy is where you and your business will find complete recluse. You will file the bankruptcy application in the court. In addition, your creditor may also file an involuntary petition in the court. Check the financial condition of your business. If it is really drastic and you cannot correct or manage the situation, all you should be doing is filing the bankruptcy application.

How to File Business Bankruptcy Under Chapter 11
How to File Business Bankruptcy Under Chapter 11

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What Happens After You File Your Chapter 7 Bankruptcy Case

You have finally come into your law firm and signed the documents for your Chapter 7 bankruptcy, as most borrowers can ask: "What happens next?"

The first thing that happens, your lawyer files the case electronically (or if you are filing pro himself, without a lawyer, then close the case in person at the courthouse), and you get a case number. As part of your registration fee, e-mail from the court a noticeTheir application to you and all the creditors that you included on the creditor matrix. Thus, located within a few days of registration, each is connected with the case also suggested signed.

How To File Chapter 7 Bankruptcy

Although the period of notice, if the creditors will receive official notification of your presentation and then if you must stop all collection activities against you because of the automatic stay provided by the debtor, the automatic stay kicks really is filed when the case does not when the creditor receivesCommunication on the application. So once you file, creditors may not: garnish your wages, take your car, foreclose on your house, send letters, call, etc.. They should try to do this, even for a second after recording should tell you immediately that you have submitted and give them the file number.

What Happens After You File Your Chapter 7 Bankruptcy Case

The message contains several important things. It contains your personal information so that creditors can identify you. It also tells you that yourBankruptcy trustee and the meeting time allotted for the "meeting of creditors."

The creditors 'meeting', otherwise the debtor examination, hearing or 341 well known, an opportunity for the trustee and all creditors to your question. It's not a particularly long question, usually about 5 minutes in a Chapter 7 and not in front of a judge. The debtor is put under oath and the trustee is the question that relate largely to the responseQuestion of the debtor in the petition said.

341 The hearing is usually set for about 4-6 weeks after the deposit of the debtor. The time and date is assigned by the court was the debtor and may not require a specific date or time. If the debtor fails to make the position that the date and time, the trustee, on a "reset", the debtor must be set to appear. If the debtor loses the original date and the date of reset, the debtor may file the case very well.

The only thing that the debtormust be made between the deposit and the 341 is listening to the tax return most recently filed to the trustee one week before the date of submission for an audition. The debtor must have photo identification and proof of Social Security number (Social Security card or W-2) during the meeting. If the debtor does not carry these items, you may not know, after the security check (remember, you are probably entering a building of the court), and although administrators are ready to conduct the hearing, the debtor would be aminimum have to reappear to prove social security identity.

Immediately after filing, the debtor should continue to pay on the debts it wishes to keep. That means for the items the debtor might be reaffirming (car and house payments), or the ongoing living expenses (utilities), the debtor should be paying on these items even though he/she is in the middle of a bankruptcy case.

After the 341 hearing, the trustee might request the debtor follow up with additional documents or creditors could attempt to depose a debtor through a 2004 examination; however, typically those things do not happen. The only thing the debtor has to do after the 341 hearing (assuming the debtor has not already done so), is to complete the court required financial management course and submit a certificate of completion within 45 days of the originally scheduled hearing date, regardless of when the hearing was actually held.

The debtor might also have some housekeeping matters to take care of after the hearing. The debtor might want to redeem or reaffirm a debt, in which case it must submit paper work to the court. The debtor might also wish to avoid a lien, which requires the debtor to file a motion. Other things could be required or recommended that the debtor do, but they are case specific, which is why it is not recommended to file without an attorney.

For instance, at any point in the case the debtor could face a "lift stay" motion from a creditor who wishes to repossess its collateral from the debtor, should the debtor not be current on the payments. Frankly, any assortment of fact patterns could emerge during the bankruptcy. Some are likely to occur, others come out of nowhere.

If no issues do emerge, the debtor could receive an Order from the court within a couple months of the debtor's court hearing date that the case has been "discharged" and "closed." However, there is no guarantee that the case will not go on for many months, particularly if there are assets for the trustee to administer, so the debtor can never know for sure when that Order might come down.

What Happens After You File Your Chapter 7 Bankruptcy Case

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PACER Bankruptcy - Learn How to Obtain Copies of Your Bankruptcy Discharge Papers, Today!

PACER failure happens to a service available to the public, which can be useful if you are already bankrupt or go slow with the bankruptcy process.

PACER stands for public access to Court Electronic Records, and is an electronic service that makes it easy to access PACER Federal Court information, including information from federal bankruptcy courts, courts of appeal and federal district courts as profitwell. To access this electronic service, you must register with the PACER Service Center special.

How To File Chapter 7 Bankruptcy

PACER registration failure is actually quite simple. The easiest way to do this is to go for their current application form online. You can quickly and easily complete the online form.

PACER Bankruptcy - Learn How to Obtain Copies of Your Bankruptcy Discharge Papers, Today!

However, if you do not want to register online, you can create a registration form from the Service Center by getting them to 1-800-676-6856. Registration is free,in order to avoid paying taxes easier to catch with the service.

Even if you do not pay for the recording of information failure PACER, you will pay a fee if you use the system. If you are looking for information from a search failure on the PACER system, which charges $ 0.08 for each page.

This means that if you are looking for something to each side of the results will be charged $ 0.08, even though they do not look at or print all. If you need to print the information you find there is no cost for printing. You will receive an invoice or be automatically charged until at least $ 10 in expenses were incurred. If you have less than $ 10 in taxes, will have to pay later when you go over the $ 10 mark.

When it comes to paying the failure PACER, there are a variety of options. You can sign up for automatic payment or you can be billed on a quarterly basis.

The> Bankruptcy Court PACER system to accept payment by credit card from American Express, Discover, American Express, MasterCard and VISA. Be checks are payable by a bank in the United States as payment for the service purchased.

There are a lot of information you can access through the PACER Service Center online. National information available to Federal case and this system offers you the opportunity to quickly reach the information you need.

You canList of subjects who participated in a case, you can create a lot of information on the case including the nature of the cause, causes of action, and much more. It supports registration, judgments, documents filed in state court opinions, and can also be found.

PACER Bankruptcy can provide a wealth of excellent information for a reasonable price. And 'cheap, and everything you need to use a computer and Internet access. Once your accountis approved, you can begin searching for the information that you need and it's all right there at your fingertips.

PACER Bankruptcy - Learn How to Obtain Copies of Your Bankruptcy Discharge Papers, Today!

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Auto loans and auto loan refinance under Chapter 7 or Chapter 13 bankruptcy

It is no secret that failure is a toll on your credit score. Your credit score also known as your FICO score is a number between 300-850 A FICO score is 300, the lowest FICO score, you may have. The higher your FICO credit score, the better.

A person with a credit score above 670 is considered a good credit score and can then apply for car loans, mortgages, personal loans, debt consolidation, etc., without any problem. OverPeople with good scores best credit interest rates than loans for people with credit problems.

How To File Chapter 7 Bankruptcy

If you have recently filed for Chapter 7 bankruptcy or Chapter 13 bankruptcy, you can use your ability to obtain financing for a new car / used car loan or refinance an existing question.

Auto loans and auto loan refinance under Chapter 7 or Chapter 13 bankruptcy

The fact is that the possession of a vehicle for most Americans. If you live in New York City or the suburbs of Houston, Texas, by car,means that in places in time - especially the work. You can rely on buses and trains to reach their destination, but everyone knows that there are at the mercy of public transport, which can be unpredictable.

If you have a low credit score below 600, or have it easy, to find the best way to get a new / used auto loan or car refinance loan is to do your research. In a nutshell, you can benefit from Internet resources. Why waste time calling multiple auto lenders, listed in the local directoryBook, if you apply for a car loan online and get an answer within a few days or 24 hours.

Auto loans and auto loan refinance under Chapter 7 or Chapter 13 bankruptcy

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Bankruptcy and IRS Debt - Chapter 7 and Chapter 13 for Tax Debt Relief

Many wonder if the IRS back tax debt through Chapter 7 or Chapter 13 bankruptcy may be deleted.

There have been many cases where the tax liability, submitting Chapter 7 bankruptcy has been deleted.

How To File Chapter 7 Bankruptcy

The real test for how many years would qualify taxes if tax returns and file them were investigated by the IRS.

Bankruptcy and IRS Debt - Chapter 7 and Chapter 13 for Tax Debt Relief

If you submitted more than three years and the returnbeen determined, the amount and the penalties incurred by you due, you can use it in a Chapter 7 bankruptcy and request that it be dismissed.

There are several other factors as the type of taxes to consider the issue. There are tax, corporate or property taxes? Individually, they have different qualifications to be met before it must be rejected.

Usually, the concern is more for income tax liabilities.

Bythe IRS, age and evaluation are most important.

State and federal taxes may also be omitted if the failure is. However, if you do not waste your tax debt, can be useful for filing Chapter 13, Chapter 7 on how to think in opposition. Chapter 13 allows you to get rid of your unsecured debt such as credit cards, which allow him for you to pay your tax liability.

This can be useful if taxpayers have their taxesAssessment by the IRS and, perhaps, the taxes are not old enough, and they bring a lot of credit card debts. A failure to plan can be set for 3-5 years, depending on the amount due if the taxpayer can pay the fees in this plan. Once the final payment, the debt would be satisfied.

There are many other solutions for IRS tax debt. It can eliminate bankruptcy and the IRS tax debt you can work for you. Rent tax professional to have a lawyermany of your questions answered and they can help you make the right decision that works best for you.

Bankruptcy and IRS Debt - Chapter 7 and Chapter 13 for Tax Debt Relief

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How a Chapter 7 Bankruptcy Saved Me

I stayed for Chapter 7 bankruptcy about a year ago.

Oohhh .... GASP ... FAILURE

How To File Chapter 7 Bankruptcy

I came to know absolutely nothing about the process was all I knew I had $ 60,000 in debt. I had a mortgage company that "paid in full" was my act of mortgage standards. Nine credit card companies (they are using, so nice to me), I could not understand the concept of being "fired". And a boy who came into the middle of the night and my RepossessedFord Ranger.

How a Chapter 7 Bankruptcy Saved Me

I am not a lawyer and I'm not going to give any legal advice. I'll just relate my experience of the process for you, so you can maybe learn a few things.

First, my suggestion to find a really good bankruptcy lawyer. I know. Depending on what your financial situation, you may feel that it is not an option ... They do not make a choice .... make it a priority!

My total cost was $ 1.400 for the use of a good lawyer .... Let's see ... I paid $ 1,400and received $ 60 000 debt completely erased. I must admit, one of the movements I made in the last financial year.

I have been wounded pride in a bad financial situation and had to seek help from family and friends.

Some of the debts that you can not write in Chapter 7 are as follows:

Debts for most taxes, debts, domestic support obligations, debts for most student loans, fines, penalties or restitution obligations, debts that are notlisted properly by the debtor

The time span of Chapter 7:

The Petition

The first thing that happens is a petition is filed with the bankruptcy court. Once you submit a petition request for bankruptcy the courts order a "Meeting of Creditors" or a "341 meeting". This is usually 60 days after the petition has been filed and you're required to be at that meeting.

Meeting of Creditors

As stated above, you are REQUIRED to be at that meeting. You'll sit before a Trustee of the Court (a judge), you and any creditors, or the creditors attorney's who feel they have reason to stop the discharge. You'll be the only one under oath while the judge and creditors' representatives ask you questions.

Sounds scary don't it. Going into the 341 meeting I had this image of a stern court judge and five pitbull attorneys tearing me apart. As it turns out the judge, she was really nice and get this, NO CREDITORS SHOWED UP.

This still doesn't discharge your debts, whether creditors show up or not they still have 45 days from the 341 meeting to appeal to the courts. In this time you may be asked for more documents showing proof of your financial status. Bank statements, more check stubs, last years tax returns.

If all goes well, in around 60 days after the meeting of creditors, you'll receive your discharge papers in the mail. Discharging you from your debt.

Naturally every case is different, and conclusions and outcomes may vary. But that's pretty much what happened in my case. Basically a petition was filed along with documentation of my complete financial status. 60 days later a Meeting of creditors. 60 days after that complete and total discharge of all my debts.

How a Chapter 7 Bankruptcy Saved Me

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Filing Chapter 7 Bankruptcy - How it works?

Blurt mention bankruptcy and many people will be "Chapter 7." And 'the best known chapters of bankruptcy, but exactly how it works? I'm glad you asked.

What is Chapter 7? There is a reference to a part of the bankruptcy code. The code is organized into chapters. Chapter Other common failure could also learn about Chapter 11 and Chapter 13 Chapter 11is for companies who want to organize your finances again. Airlines files Chapter 11 for the whole time. Chapter 13 is the equivalent of the concept of rehabilitation, but for the individuals rather than companies.

How To File Chapter 7 Bankruptcy

Chapter 7 Working with relative ease. There are efforts to reorganize the debts of the debtor. Instead, the debtor's assets are collected by a trustee. The trustee then all non-exempt liquid assets and distributes funds to creditors. Creditors have the means in order of priority. The priority code will be established with secured creditors [car loans] always paid before unsecured creditors [credit]. Before this happens, but you have to prove that the right of first filing a Chapter 7 bankruptcy.

Filing Chapter 7 Bankruptcy - How it works?

You must login to claim bankruptcy? Yes you do, if you file under Chapter> 7 You can thank President Bush and the Republican majority in Congress a few years ago. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 added a sleepy one tests the application of Chapter 7. It 's like the "means test" known. It 'a topic for another article by itself, so make sure you discuss with your lawyer.

Suppose that you are entitled to a record close of Chapter 7 is very simple. It begins with the filing of a The bankruptcy court. Part of the petition will be a series of meetings with all your assets and debts that you owe money, your entire financial situation and to have the lease and contract you signed. Your tax return will also be required for the last year. If you send in the first place because of credit card debt, you will also need to take a credit counseling and advice for planning a refund.

Once the> Advances bankruptcy, there are additional inputs to be made. As an individual, you need to plan with all creditors and why what you have to file your income sources and amounts for each, a list of all personal property, and a detailed profile of your monthly living expenses. This allows the trustee to assess your situation in life. You will also need to be a list of exempt properties file.

Approximately 30 to 60 daysafter the bankruptcy filing, the curator of the event, a meeting of creditors. The trustee is given under oath in court. The trustee and creditors can ask questions about your financial situation, activities and so on. One or two weeks later, the relationship of trust to the court on the case, if a Chapter 7 filing to stay and, if so, whether a discharge will occur. The trustee will then turn the non-exempt assets of the liquidationIncome of the debtor to pay its creditors and close the box with a discharge, where the debtor is freed from their debts.

Bankruptcy is not a drama of great action, as seen on TV. And 'primarily a matter of moving paper around, and almost nothing very exciting.

Filing Chapter 7 Bankruptcy - How it works?

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File Chapter 7 bankruptcy

Are your debts piling up on the kitchen table much faster than the money? It feels like there's no way out? Even with all the talk about new bankruptcy law makes it difficult to file, you can still file Chapter 7 bankruptcy pretty easily.

Bankruptcy Lawyers longer have the ability to find the new laws and must work, because their ads are still on TV all night and go all day on the radio.They always seem to have enough customers to pay for their advertising, companies must have still good.

How To File Chapter 7 Bankruptcy

If your debt more than two times your annual income, excluding mortgage, then you should file Chapter 7 bankruptcy and start all over again. They also want to attract serious consideration will be credit counseling so you do not fail carousel, which some do.

File Chapter 7 bankruptcy

Some people access failure, then run a series ofDebt files again and again in 7 to 10 years. This is not so easy to do, as it was before and there is no way to live. Once a Chapter 7 bankruptcy, you must understand how to avoid, since the debt-to-file.

You only get a free pass, and Chapter 7 bankruptcy, it will be. You need to get credit counseling, so you can budget properly, avoid credit card debt and stay out. Thisis the best thing you do when you can file for Chapter 7 bankruptcy.

File Chapter 7 bankruptcy

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Car & Auto Loans After Chapter 7 or Chapter 13 bankruptcy discharge or dismissal

Ask an auto loan or car after bankruptcy discharge or dismissal may seem difficult when trying to get approved in a lot local machine. Here are some tips you can use to better understand what can be done and a recommendation that will help you, obtain auto financing is much easier.

If you had a Chapter 7 or Chapter 13 bankruptcy that was dismissed last year, most all lenders will be verycritical in terms of your credit history. You will find that a dealer may authorized a serious challenge after a recent failure to obtain relief. With a Chapter 7 bankruptcy, the bankruptcy will drop your credit report after seven years. The same is true with a Chapter 13 bankruptcy. And 'only when it is unloaded.

How To File Chapter 7 Bankruptcy

On the other hand, if you were a failure, has been releasedIt will remain on your credit report for 10 years. Not 10 years from the date of the bankruptcy, but 10 years from the date of dismissal. So if you're in bankruptcy for two years and has just been released, then starts clock 10 years, now run.

Car & Auto Loans After Chapter 7 or Chapter 13 bankruptcy discharge or dismissal

There are legitimate sources on the Internet that you can go to get a car loan after bankruptcy discharge or dismissal. It certainly can not expect to pay only 4% interest rate, but you canobtain adequate financing on favorable terms, based on the individual situation.

Car & Auto Loans After Chapter 7 or Chapter 13 bankruptcy discharge or dismissal

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Bankruptcy Vs Debt Settlement - Why is it so difficult to get approved for Chapter 7 bankruptcy

Failure had almost ruined the company and its creditors because of bankruptcy, many creditors always failed as a people were not reimbursed gains and relief from filing bankruptcy to Chapter 7 after Chapter 7, the payment of money by the debtor, If the judge accepts him to be totally bankrupt. Because of this rule, the creditor against the loss, and then by late provision of loans for any type ofDebtor. To continue in business, the creditor is not even a mortgage to borrowers who have communicated with good credit. If there are loans and bonds, the rate of economic growth began to slow down of America.

Government has taken note and made ​​sure that some changes in the rules of bankruptcy. The first change made ​​ion qualification criteria. Changes were made to eligibility criteria, after these changes the people who have the power to earn lessThe minimum wage, the state in which they live may be under Chapter 7 rows. Those who earn more than minimum wage are under Chapter 13 bankruptcy could exercise.

How To File Chapter 7 Bankruptcy

Another important change in the law that a debtor has to take advice before it filed for bankruptcy, so in this class advice, were informed about the disadvantages of bankruptcy and the consultant tries to discourage customersApplication. Then, a lawyer for the debtor to the whole process of bankruptcy is for rent.

Bankruptcy Vs Debt Settlement - Why is it so difficult to get approved for Chapter 7 bankruptcy

According to the facts and figures, the assessment of filing bankruptcy under Chapter 13 three times lower than the rate of registration under section 7 people who have enough money to pay their debts have also begun to use files in order to escape the ' full amount of responsibility. Under Chapter 7 people earn less than the minimum wage over the last 6 monthscan not be under Chapter 7 rows. For example, if you earn $ 50,000 in the last 6 months and your state's minimum wage is $ 35,000, then it may file Chapter 7. not under Chapter 13, which restructured the loan repayment approach is relaxed and files, but not deducted or amortized amount of the loan.

There are other ways, such as liability settlement, which is supported byGovernment and the private sector and has more benefits to offer than insolvency.

Bankruptcy Vs Debt Settlement - Why is it so difficult to get approved for Chapter 7 bankruptcy

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