Bankruptcy is a toughest decision to make. But sometimes people go with this option due to unexpected expenses. Usually, people adopt this option when they are not able to pay back the money to creditors. Good bankruptcy information is difficult to find. Anyone can file for it such as individual, company, and organization. As per experts, it is a fruit which should be eaten properly and carefully. It could be a most important decision of your life, so do consult properly before filing it. If individual fails to pay the debts through debt consolidation, then he/she can file for it.
Bankruptcy can be divided into three parts or chapters, Chapter 7, chapter 13 and chapter 11.
Chapter 7 is the best option for those debtors whose income is below the median of debts and got unsecured debts. All unsecured debts like credit cards, unsecured loans, medical bills, education fees etc.
Chapter 13, this bankruptcy plan is applicable only those debtors who are earning sufficient funds from job. Courts create a payment plan for debtor where he/she has to pay a particular amount to court every month for terms of 3-5 years.
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Jul 28 2010
The main factor that decides the cost for filing for chapter 13 bankruptcy is the complexity of individual’s financial situation. Apart from the court fees it’s very difficult to calculate the total cost as it will mainly depend on attorney’s fees.
However, to consider the total cost one has to calculate, there are basically two types of cost that one has to incur in filing for bankruptcy.
1.The fees for filing for bankruptcy: the cost to file for bankruptcy is not very high. At present, the filing fee is about $274. This covers all the administrative as well as filing fees that are used in chapter 13 proceedings.
2.The fees to be paid to attorney: this is the main fee to be considered by a debtor while filing for the chapter 13 bankruptcies. Mainly you will find the attorneys charge on per-hour basis, the hourly rate will depend on rate prevailing in your state or area and your power to negotiate. The attorneys who take up bankruptcy cases generally charge an upfront fee that is called as retainer. They charge this to begin the case. These retainer ranges from five hundred dollar to a thousand dollar sometimes higher depending on the individual economic status and his power to negotiate.
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Jul 27 2010
Those who are faced with a fear of overgrowing debts, and wishes to file for bankruptcy might not have a clue about the recourse to the problem. The first course of action is to file a bankruptcy paper in the bankruptcy court.
-How Can You File Bankruptcy?
Filing for bankruptcy is a legal process and for this reason, and for the financial wellbeing, decisions taken in this regard should be weighed with pros and cons. The individual should decide whether professional assistance is needed or he can go on his own. Though it is possible to file for bankruptcy in the individual capacity, it requires high level of mental tolerance.
-How to decide you should file under Chapter 7 or Chapter 13?
In case of filing the bankruptcy on your own, the decision regarding the choice of filing of bankruptcy i.e., either under Chapter 7 or Chapter 13 is to be taken judiciously. In the circumstances, it is wise enough to consult few people who are knowledgeable about filing of bankruptcy cases.
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Jul 20 2010
DIVORCE AND BANKRUPTCY
Divorce and bankruptcy are close enough to be kissing cousins. Lots of times, one follows the other. Financial troubles often are a major factor in the breakdown of a relationship. Nobody wants to file for bankruptcy. People wait to see if the financial issues work themselves out. Many times they wait too long and the relationship suffers. And if things were bad before the divorce, once the parties have to pay to operate two households instead of one, the financial situation becomes worse.
WHAT TO DO?
If you are married and considering divorce, get information about bankruptcy BEFORE the divorce is final. If you and your spouse can get along well enough to file a Chapter 7 bankruptcy before your divorce is final, you can probably avoid paying the additional attorney fees and filing fees you would have to pay if you file bankruptcy separately. That can be a good chunk of change. Filing a Chapter 7 bankruptcy jointly, even while the divorce is going on, can be an especially good thing: it can also make the divorce much simpler. How about no billable hours trying to figure out who should pay which debts? Just chuck them all into the Chapter 7. Chapter 13 bankruptcy is, well, problematic for a divorcing couple. That is because it requires cooperation for the whole length of the Chapter 13 plan, which is at least three years and can be as long as five years. Who wants that long-term commitment to a transaction with a person you’re trying to get away from? Chapter 13 probably isn’t a good solution for any couple divorcing.
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Jul 13 2010
A mortgage loan, like a car loan, is secured debt since the amount owed is secured against the physical possession of the real property (the house or car). This means that if the debtor begins missing payments or is otherwise deemed to be in default (by making partial payments or conducting an unauthorized transfer of the property for example) then the lender has the right to reclaim the property that secures the debt: foreclose on the house or repossess the car. The exact specifics of what is allowed, when, and under what circumstances differs widely, but one thing that is certain is that bankruptcy cannot offer any permanent relief for secured debt. Nevertheless, bankruptcy can be used as an effective stalling tactic to prevent an immediate foreclosure on the property or auto repossession.
As soon as a petition is filed for either Chapter 7 or Chapter 13 bankruptcy, the court immediately issues an Order for Relief. This court order includes “automatic stay”, which orders creditors to stop all collection efforts immediately, including foreclosure. As soon as the bankruptcy court issues the Order for Relief, foreclosure proceedings are immediately suspended until the bankruptcy case is resolved. This was a large part of the reason that the institutional lenders that drafted the 2005 bankruptcy law made it much more difficult and time consuming for debtors to make the initial filing by adding the means test, the credit counseling requirements and other obstacles to a quick filing.
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Jul 13 2010
Bankruptcy can be a real burden on you and your family, especially because it can really destroy one’s reputation. This is because every court declares in the newspaper that the person goes bankrupt. So, if you were looking at bankruptcy like it was a good option, you should reconsider it because it really should be the last option on your mind. Now let’s see some reasons why bankruptcy isn’t a good option at all.First case of bankruptcy would be the Chapter 13, which actually involves a payment plan for your debt. This sounds much like debt management and since you are not getting it cleared off it would be stupid to file for that and have the disadvantages of filing for bankruptcy.The second case is Chapter 7, which means that you liquidate your business and if you are going for personal bankruptcy it means that you cannot afford to pay your personal loans and other debt you might have. The government made the requirements to be eligible for this type of bankruptcy very harsh, so if you can actually afford to pay the installments each month you will not be able to file for it. But if you can’t, there are many disadvantages that will definitely make you reconsider it as a good option for your debt.
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Jul 12 2010