Common Bankruptcy Questions

Filing for bankruptcy is a way to start over with a clean slate. It relieves the tension and anxiety that comes with creditors calling, debt building and provides a solution to a financial mess. It is important to realize bankruptcy has many intricacies and sometimes it is hard to distinguish where to start. Here are some common concerns to consider before proceeding forth.
-Does Bankruptcy Take a Toll on My Credit?
Your credit will take a hit with any filing for bankruptcy. However, your personal financial recovery plan should include gradually developing credit after the bankruptcy is completed. The timing of when this occurs depends on what type of bankruptcy you are filing. With Chapter 7, bankruptcy remains on your credit history record for 10 years. With Chapter 13, bankruptcy stays on your credit history record for 7 years. You need to check with a professional bankruptcy attorney to determine which one is more suitable to your situation and needs.
-Will I Lose My Job?
No, you shall not lose your job after filing Bankruptcy. It is illegal for employers to discriminate against you for filing bankruptcy. Furthermore, unless an employer specifically searches for bankruptcy filings, then your employer (or potential employer) shall not find out. This is an instant relief for some who wish to keep the negative financial situation private.
-What Happens to Student Loans?
In most cases, student loan debt is not dischargeable in bankruptcy court meaning you will have to repay them. There is an exception to this statute. For you are able to discharge the student loan if by paying, it you would be considered an “undue hardship” on the borrower. Nevertheless, do not get your hopes up. It is extremely challenging to prove and bankruptcy courts are the ones who have the final say.
-Will I Lose My Car?
Depending on what state you live in, there may be an automobile exemption rule allowing you to keep the vehicle. On average, the ability to keep or lose a car is determined by how much the car is worth in comparison to how much you owe on it. You need to ask a professional. For a Chapter 7 filing may cause the court appointed bankruptcy trustee to liquidate it.

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Comments (0) Jan 15 2010

Home Foreclosures

Foreclosure is a legal procedure whereby property pledged as security for a debt is sold to pay the debt in the event of default in terms of payment/s. When a person fails to make timely payments on a property which is mortgaged as security, the bank or any other financial creditor may sell the said property to recover the default amount. The original method of foreclosure was strict foreclosure. Under this method, when the homeowner fails to pay the loan, the bank or financial creditor gains the mortgaged property automatically without selling it within a certain period of time. But now it is available in few places only. The widely used methods of home foreclosures are foreclosure by judicial and non-judicial home foreclosure. In foreclosure by judicial, entire processes are carried out under the supervision of a court. Here the sale of the mortgaged property is done in a short trial by pleadings and various judicial decisions. But a non-judicial foreclosure does not involve court supervision. It is also known as foreclosure by power of sale. Here an agreement is formed in which either the homeowner can stop home foreclosure by paying back the amount or the payments can be delayed for sometime subject to prior consent of both parties in question, that is borrower and lender. A home foreclosure occurs when the borrower fails to pay the mortgage expenses and the lender or the banker decides to execute the terms of the mortgage to recover his loss by putting the borrower’s house for sale. When the borrower fails to pay the due then all the power and the control of his home goes in the hand of the lender or the banker who had given him loan, then the mortgage company or the bank, to get back his balance amount forces to put the borrower’s home for public sale through auction. There are many ways how a borrower or the homeowner can be safe of home foreclosure.

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Comments (0) Jan 15 2010