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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