filing bankruptcy

Help with Filing Bankruptcy

By Josh Riverside

If you are faced with mountains of debts and have no resources to pay off your creditors, a promising option is to file for bankruptcy. Filing for bankruptcy will discharge you of all your non-secured debts, leaving you with a fresh start and a chance to better manage your finances. The downside however is that it will reflect on your credit rating and it will give you a harder time to obtain loans and financing in the future. Here is some information to help you out with regarding filing for bankruptcy.

What to file

You can go about filing for bankruptcy two ways. One is filing for a Chapter 7 and the other is filing for a Chapter 13. Filing a Chapter 7 bankruptcy discharges you of non-secured debts by liquidating all your non-exempt assets. This will be done by the bankruptcy trustee and he will also distribute the converted cash from the liquidation to your creditors. Secured debts are those with pledged collateral like mortgages and car loans. In these cases, there will simply be a foreclosure for any unpaid debts. On the other hand, filing a Chapter 13 will allow you to pay off your debts in three to five years but you have to propose a payment program. This allows you to keep your non-exempt assets. This is best for people who have a steady flow of income and stable employment.

How to file

Before anything, it is best to seek legal advice so that you will know if filing for bankruptcy is the right thing for you. Filing for bankruptcy, however, does not necessarily require a lawyer. You can just fill up the bankruptcy forms that can be obtained from your local court. These forms will contain your personal information, financial activity, expenses, secured and non-secured debts, creditors, information, assets, taxes, and other related information. This will thus serve as your petition that you will file to the court. You need to submit three copies plus one original copy. The court will order a provision that prevents your creditors from seizing any of your property within a month’s time. After a month, a meeting with you and your creditors will be called for by the court. This is also called a 341 meeting. When a compromise is finally settled, all your assets will be liquidated by the trustee and then distributed to your creditors. A notice from the court will be sent to you within 60 to 90 days informing you of your discharge from your debts.

Filing Bankruptcy provides detailed information on Filing Bankruptcy, Filing Bankruptcy Online, Filing Chapter 11 Bankruptcy, Filing Chapter 13 Bankruptcy and more. Filing Bankruptcy is affiliated with Will Estate Planning.

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filing bankruptcy

Bankruptcy Filing Rules

By Josh Riverside

Before filing for bankruptcy, make sure that you are aware of the advantages and disadvantages. Bankruptcy can sometimes cause distress in the future because it will reflect on your credit rating. It will make it hard for you to secure a loan and obtain financing in the years to come. Here are some rules you need to know before making the big decision of filing for bankruptcy.

Who can file?

Any individual, regardless of the amount of his consumer debt and whether they are solvent or insolvent, can file for bankruptcy. It is important to note that you cannot file for bankruptcy if you were unable to appear before the court prior to a bankruptcy petition or if you made a voluntary dismissal. Your right to be discharged is not absolute. There are debts that are exempted such as home mortgages and car loans, federal student loans (except in rare occasions), child support, and delinquent taxes.

How it works

First off, you have to fill out a bankruptcy form where you will have to declare all your financial information and history including personal information, recent financial activity, secured and unsecured debts, creditors? information, assets, expenses, taxes, and other related information. This form also serves as your petition and you have to file it at the nearest federal court. You must submit three copies plus one original copy of the petition. The court will issue an ?automatic stay,? preventing creditors from any collection activity within one month. A 341 meeting will be called by the court within the month which you and your creditors are required to attend. If a compromise is reached by both parties, the bankruptcy trustee will go ahead and liquidate all your non-exempt assets. The court grants discharge within 60 to 90 days and notice is sent via mail. With this discharge notice, creditors will have no claim on you and any of your exempt property.

Filing Bankruptcy provides detailed information on Filing Bankruptcy, Filing Bankruptcy Online, Filing Chapter 11 Bankruptcy, Filing Chapter 13 Bankruptcy and more. Filing Bankruptcy is affiliated with Will Estate Planning.

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filing bankruptcy

Avoid Bankruptcy With 3 Effective Alternatives

By Dean Shainin

One must avoid bankruptcy while he still can. Filing bankruptcy may save one from his debts, yet this has serious demands and consequences so it shouldn’t be dealt with without due consideration.

Avoid bankruptcy and one also avoids its profuse demands.

So should one avoid bankruptcy?

This stringency in bankruptcy is (blamed) justifiable against Bankruptcy Fraud of those with the criminal intention of evading provision/payment for ‘debts’ although they have funds to use as payment – so-called petition mills, false oath, assets concealment, and fraudulent conveyance of property. Even the use of multiple-filings as ‘strategic’ bankruptcy (which is not a fraudulent criminal act per-se), is an all-precarious move, creating court-prejudice against the filer if evidence shows that the bankruptcy is being used strategically. Enough exasperating reasons for apt individuals to avoid bankruptcy, there are even more practical reasons to avoid bankruptcy: the filing cost, penalties, what you lose, finding an attorney, making a court-appearance, not to mention the obvious stigmas and disentitlements.

Even if one succeeds in the bankruptcy plan, being able to put up with the repayment plan until the end and even finding creditors granting credit at the end of the repayment period, the bankruptcy could still stay on the debtor’s credit history for 6-10years.

Bankruptcy shouldn’t be taken casually. Avoid bankruptcy, if at all possible, and make a smart fiscal move.

Different Effective Bankruptcy Alternatives To Consider

Bankruptcy is a legal term that allows individuals or businesses who in debt to others more money than they are able to pay to either work out a plan to repay the money over time or completely eliminate most of the bills.

Though most bankruptcies are granted, it doesn’t mean that it would be an easy way out of anyone’s debt. Extensive damages to credits and long term issues from bankruptcy will cause many problems in the years to come and it is definitely far better to explore different bankruptcy alternatives before making a decision to file for personal bankruptcy. Bankruptcy alternatives will help one person to save himself from further devastation.

The existence of various bankruptcy alternatives helps one to consider several options as to what they want to pursue other that personal bankruptcy.

The following are 3 bankruptcy alternatives one might want to consider other than personal bankruptcy:

1. Renegotiate secured loans as bankruptcy alternative:

Bankruptcy does not get rid of all one’s debt. If one’s debt has not completely caught up with you and ruined one’s credit already, he or she may be able to renegotiate these loans with creditors or take the loan elsewhere. This is the principle of renegotiating secured loans as bankruptcy alternative

2. Renegotiation of unsecured loans:

Another bankruptcy alternative is the renegotiation of unsecured loans. Unsecured loans are far more at risk and there may be more wiggle room in this bankruptcy alternative. Professional debt negotiation is another bankruptcy alternative

3. Professional debt negotiation:

Professional debt negotiation is another bankruptcy alternative. Here, debt negotiation companies do much of the work by developing and taking care of one’s case to the creditors.

Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, current news, tools and valuable resources on bankruptcy and debt solutions, visit this site: Bankruptcy Alternatives

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