7 Signs That Filing for Bankruptcy Might Be Necessary

 

Are you struggling to keep up with your financial obligations? Are the bills piling up and the stress of debt becoming too much to handle? If so, you are not alone. 

Many individuals and families face financial challenges that seem insurmountable. But there is a solution that may provide relief and a fresh start: filing for bankruptcy. 

While it may seem intimidating, there are certain signs that indicate bankruptcy may be necessary for your financial well-being. In this article, we'll discuss seven signs that could signal it's time to consider filing for bankruptcy.

You Can't Pay Your Bills on Time

One of the first signs that bankruptcy may be necessary is if you are consistently unable to make timely payments on your bills. This can include credit card payments, mortgage or rent payments, utility bills, and any other monthly expenses. 

If you find yourself constantly juggling due dates and struggling to make ends meet, it may be time to seek help through bankruptcy.

Your Debt is Increasing Despite Your Efforts

Even if you're able to make minimum payments on your debts, they may still continue to grow due to high interest rates and fees. This can quickly lead to a cycle of debt that becomes difficult to escape. 

If your efforts to pay off your debts are not making a significant impact, bankruptcy may be the only way to get out from under them.

If you are considering bankruptcy, be sure to talk to a professional before making any decisions. Your first point of contact should be with a bankruptcy attorney, such as someone at Knollmeyer Law Office, PA, who can assess your financial situation and advise you on the best course of action. 

They can also guide you through the legal process and ensure that all necessary paperwork is completed correctly.

You've Maxed-Out Your Credit Cards

Using credit cards for everyday expenses and then struggling to pay off the balances is a common issue for those facing financial difficulties. If you have reached the maximum limit on your credit cards and are still unable to make payments, it may be time to consider filing for bankruptcy in order to eliminate or reduce this debt.

If you're not yet at the point of considering bankruptcy, there are steps you can take to start paying off your credit card debt. Begin by creating a budget and cutting back on unnecessary expenses. This will allow you to allocate more money towards your credit card payments. 

You can also contact your credit card companies to negotiate lower interest rates or set up a payment plan. Seeking guidance from a financial advisor or credit counselor can also be beneficial in creating a structure.

You're Receiving Calls from Collection Agencies

Constant calls and letters from collection agencies can be overwhelming and stressful. If your debts have been turned over to collection agencies, it may be a sign that bankruptcy is necessary to stop the harassment and resolve the debt.

Understand that collection calls are a common tactic used by creditors to pressure individuals into paying their debts. However, you have legal rights and protections against these tactics. 

Remain calm and assertive when speaking to collection agencies, and do not give in to their demands or threats. It may also be helpful to keep records of all communication with the collection agency and seek guidance from a bankruptcy attorney on how to handle these situations.

You're Facing Foreclosure or Repossession

If you are behind on mortgage or car payments, you may be at risk of losing these assets through foreclosure or repossession. Filing for bankruptcy can provide an automatic stay, which temporarily halts any legal action against you and gives you time to develop a plan to keep your home or vehicle.

Your Income Has Decreased Significantly

A sudden loss of income can have a major impact on your ability to keep up with expenses and pay off debts. If you have experienced a significant decrease in income, bankruptcy may be necessary to help you get back on track financially.

Aside from considering bankruptcy, there are also ways to make a bit of extra money where you can in order to help alleviate some financial stress. 

One option is picking up a side hustle or freelance work in your spare time. This could include anything from driving for a ride-sharing service to selling items online. You could also reach out to friends and family for odd jobs or offering services such as pet-sitting or tutoring. 

Another option is finding ways to save money on expenses, such as cutting back on unnecessary subscriptions or negotiating lower rates on bills. Every little bit helps when it comes to improving your financial situation.

You're Dipping Into Retirement Savings or Emergency Funds

Dipping into retirement savings or emergency funds may seem like a viable option to pay off debt, but it can have long-term consequences on your financial stability. Filing for bankruptcy can help protect these assets and provide a more structured approach to managing your debt.

Final Thoughts

Remember, filing for bankruptcy is not a decision to take lightly. Try to consult with a bankruptcy attorney to fully understand the process and determine if it is the right option for your specific situation. 

Bankruptcy can provide relief from overwhelming debt and give you a fresh start, but it's not a one-size-fits-all solution. 

By recognizing these signs and seeking professional guidance, you can make an informed decision about whether filing for bankruptcy is necessary for your financial well-being.

Navigating the Complexities of Bankruptcy: A Comprehensive Guide

Bankruptcy can be a scary and overwhelming process for anyone to navigate. The legal jargon, the paperwork, and the possible stigma can all make the decision to file for bankruptcy seem daunting. 

But remember that bankruptcy is a legal process designed to help individuals and businesses overcome insurmountable debt and start fresh. 

In this comprehensive guide, we will break down the complexities of bankruptcy and help you understand the process from start to finish.

Different Types of Bankruptcy

The first step in the bankruptcy process is determining which type of bankruptcy is right for your situation. 

There are two main types of bankruptcy for individuals: Chapter 7 and Chapter 13. 

Chapter 7 bankruptcy involves liquidating assets to pay off debts, while Chapter 13 bankruptcy involves creating a repayment plan to pay off debts over a period of time.

Deciding which type of bankruptcy to declare can be a difficult decision. Be sure to carefully consider your financial situation, the types of debt you have, and any assets or property that may be at risk. 

If you have mostly unsecured debt, such as credit card debt or medical bills, Chapter 7 bankruptcy may be a better option since it involves liquidating assets. 

However, if you have a steady income and want to keep your assets, Chapter 13 bankruptcy may be the better choice as it involves creating a repayment plan. 

Consulting with a bankruptcy attorney can help you make an informed decision based on your specific circumstances.

Getting Things in Order

Once you have decided on the type of bankruptcy that is right for you, the next step is to file a petition with the bankruptcy court. This involves submitting detailed financial information, including a list of assets, debts, income, and expenses. 

The court will then appoint a trustee to oversee your case and schedule a meeting of creditors, where you will have to answer questions under oath about your financial situation. 

Be honest and thorough in your disclosures to the court to ensure a smooth bankruptcy process.

One of the biggest concerns for individuals considering bankruptcy is the potential loss of assets or property. 

However, there are certain things that you do not need to worry about when filing for bankruptcy. These include exempt assets such as household goods, clothing, and retirement accounts.

Additionally, some debts may not be dischargeable in bankruptcy, such as student loans and child support payments. Consulting with a bankruptcy attorney can help you understand what assets and debts are exempt in your specific case, giving you peace of mind during the bankruptcy process. 

Don't let your fears about losing everything prevent you from seeking the debt relief that bankruptcy can provide.

Working With Creditors and Lawyers

During the bankruptcy process, a stay is put in place that halts all collection actions by creditors, including foreclosures, repossessions, wage garnishments, and lawsuits. 

This gives you some breathing room to work with your bankruptcy trustee or chapter 7 attorney and creditors to come up with a repayment plan that is feasible for you. 

In the case of Chapter 13 bankruptcy, you will need to make monthly payments to the trustee, who will then distribute the funds to your creditors according to the terms of the repayment plan.

It is completely normal to feel overwhelmed and anxious during the bankruptcy process. However, try to remain calm and focused in order to make informed decisions. 

One way to do this is by seeking support from friends and family who can provide emotional support and help you stay positive. It may also be helpful to practice calming techniques such as deep breathing or mindfulness exercises. 

Remember that bankruptcy is a process, and with the right resources and guidance, you can successfully navigate it and come out on the other side with a fresh start.

Other Things to Consider

Aside from the legal aspects of bankruptcy, there are also emotional and practical considerations to keep in mind. Bankruptcy can be a difficult decision to make and may come with feelings of shame or failure. 

Remember that bankruptcy is not a personal reflection on you as an individual but rather a solution to help you get out of overwhelming debt. Carefully consider the potential long-term effects of bankruptcy on your credit and future financial decisions. 

Working with a reputable bankruptcy attorney can help you navigate these factors and make informed decisions throughout the process.

Don't Give Up

No matter what happens, don't forget that bankruptcy should not be seen as a failure or the end of the road. It is a legal process designed to provide individuals and businesses with a fresh start and the opportunity to rebuild their financial lives. 

While it may seem daunting at first, remember that you are not alone in this journey. With determination, support, and guidance from professionals, you can emerge from bankruptcy and move towards a more stable financial future. 

Don't give up, keep pushing forward and know that there is light at the end of the tunnel.

Final Thoughts

Navigating the complexities of bankruptcy can be overwhelming, but with the right guidance and information, you can successfully overcome your financial difficulties and start fresh. 

By understanding the different types of bankruptcy, filing requirements, and the role of the bankruptcy court and trustee, you can make informed decisions that will help you achieve a debt-free future. 

Remember, bankruptcy is not the end of the road but rather a new beginning. 

With patience, diligence, and the support of a qualified bankruptcy attorney, you can navigate the complexities of bankruptcy and emerge on the other side with a clean slate.

Navigating Chapter 13 Bankruptcy: Why You Need an Attorney

Navigating the complexities of filing for Chapter 13 bankruptcy can be overwhelming and stressful. 

From understanding the eligibility requirements to creating a repayment plan that works for you, having an experienced attorney by your side is crucial. 

In this blog post, we will discuss the importance of hiring a bankruptcy attorney when filing for Chapter 13 bankruptcy and how they can help guide you through the process.

Understanding Chapter 13 Bankruptcy

Chapter 13 bankruptcy, also known as reorganization bankruptcy, allows individuals with a regular income to create a repayment plan to pay off their debts over a period of three to five years. 

This type of bankruptcy is ideal for those who have a steady income and want to keep their assets while still working toward financial stability. 

However, navigating the legal requirements and paperwork involved in filing for Chapter 13 can be overwhelming without the guidance of an attorney.

Creating a Feasible Repayment Plan

One of the key components of filing for Chapter 13 bankruptcy is creating a feasible repayment plan that satisfies both your creditors and the court. 

An experienced bankruptcy attorney will work with you to analyze your financial situation, determine your disposable income, and create a repayment plan that fits within your budget. 

They will ensure that your plan meets all legal requirements and increases your chances of approval by the court.

Protecting Your Assets

Another important reason to hire a bankruptcy attorney when filing for Chapter 13 is to protect your assets from being seized by creditors. 

An attorney will help you understand which assets are exempt from liquidation under bankruptcy laws and assist you in retaining ownership of valuable property such as your home or car. 

They will also provide guidance on how to navigate any challenges or disputes that may arise during the bankruptcy process.

Legal Expertise and Representation

Navigating the legal system can be daunting, especially when dealing with complex matters such as bankruptcy law. 

Hiring a Chapter 13 bankruptcy attorney will provide you with valuable expertise and representation throughout the process. 

They will handle communication with creditors, attend court hearings on your behalf, and ensure that all necessary paperwork is filed correctly and on time.

Peace of Mind

Above all, hiring a bankruptcy attorney when filing for Chapter 13 can provide you with peace of mind during what is likely a stressful time in your life. 

Knowing that you have a knowledgeable advocate on your side who is working tirelessly to help you achieve financial stability can alleviate some of the burden associated with navigating bankruptcy proceedings.

Final Thoughts

Navigating Chapter 13 bankruptcy can be challenging, but having an experienced attorney by your side can make all the difference in achieving a successful outcome. 

From understanding the legal requirements to creating a feasible repayment plan and protecting your assets, an attorney will provide invaluable support throughout the process. 

If you are considering filing for Chapter 13 bankruptcy, don't hesitate to reach out to a qualified attorney who can guide you through every step of the way.

When Is Filing for Bankruptcy a Good Idea?

Filing for bankruptcy can be a difficult decision, but it can also provide a fresh start for those struggling with debt. It’s important to understand the different types of bankruptcy and when it’s a good idea to file.

This blog will provide you with information on when filing for bankruptcy may be a good idea and how to determine if it’s the right choice for you.

Losing Control of Your Finances

One reason to consider filing for bankruptcy is if you’ve lost control of your finances. This could be due to a job loss, illness, divorce, or other reasons. 

If you’ve fallen behind on your bills and can’t catch up, bankruptcy can be a way to get a fresh start. Filing for bankruptcy can help stop creditor harassment, wage garnishment, and foreclosure.

High Debt-to-Income Ratio

Another reason to file for bankruptcy is when you have a high debt-to-income ratio. This means that your monthly debt payments are more than your monthly income. 

If you’re struggling to make ends meet and can’t see a way out of your debt, bankruptcy can help. It can eliminate unsecured debts like credit card bills and medical bills, providing you with a clean slate to start over.

Legal Judgments or Wage Garnishment

If you’ve been sued by a creditor and have a legal judgment against you, or if your wages are being garnished, filing for bankruptcy may be a good idea. 

The bankruptcy process can help stop or eliminate these collection actions, giving you the opportunity to get back on your feet financially.

Too Much Debt to Pay Off

If you have too much debt to pay off on your own, bankruptcy may be a good option. Some bankruptcies can forgive most unsecured debts, including credit cards, medical bills, and personal loans. 

Some bankruptcy allows you to pay your debts over three to five years, giving you a more manageable payment plan.

You’ve Tried Other Options

If you’ve tried other options, like debt consolidation or credit counseling, and they haven’t worked, bankruptcy may be your best choice. When other options aren’t helping you get out of debt, bankruptcy can provide a fresh start and a chance to rebuild your credit.

Final Thoughts

Filing for bankruptcy can be a difficult decision, but it can also be a fresh start. 

If you’ve lost control of your finances, have a high debt-to-income ratio, are facing legal judgments or wage garnishment, have too much debt to pay off on your own, or have tried other options without success, bankruptcy may be a good option for you. 

However, filing for bankruptcy should only be considered after careful consideration, and it’s best to consult with an experienced bankruptcy attorney to ensure you fully understand the process and your options.

What Are Your Options After Declaring Bankruptcy?

When you've suffered from financial hardship, bankruptcy can offer relief after you've accumulated a significant amount of debt that you cannot repay.

Although bankruptcy may give you hope for the future, it can still cause you to feel limited. It's important to understand your options after declaring bankruptcy to ensure you can regain control of your finances.

Begin Saving Money

Start saving money in an emergency fund that you can use on a rainy day when you need car repairs or have an unexpected hospital visit. 

The money you save can give you the necessary funds and help you avoid going back into debt. Building a budget will also allow you to determine how to spend each dollar that you own and can avoid overspending.

Hire a Legal Professional

Hire a bankruptcy attorney to navigate the legal process after you file for bankruptcy to avoid mistakes that can affect your future. A legal professional will review the details of your situation and can determine the best chapter to file, depending on the amount of money you owe. 

They will also deal with the creditors that continue to contact you, which can allow you to avoid excess stress and avoid receiving more phone calls in the future.

Build Your Credit

Rebuilding your credit is necessary to increase your borrowing power when you want to purchase a vehicle, home, or open a credit card in the future. 

Increasing your credit score is possible by disputing any discharged debt that isn't accurate on your credit report. You can also pay off new balances on credit cards and monitor your credit report online each month.

Create Financial Goals

Creating financial goals can allow you to improve your financial standing and learn from your past mistakes. It also gives you a realistic timeline for how long it will take to rebuild your financials, such as credit history, wealth, and debt. 

You may want to save enough money for a down payment on a house or go back to school, making it necessary to consider where you want to be in the coming years to ensure you remain motivated and avoid making mistakes with managing your money.

Once you learn about the options available after you declare bankruptcy, it can be easier to discover the right path to take and recover. 

Obtaining assistance from an expert can make it easier to know the correct steps to take and avoid staying in a poor financial situation.

Ways to Finally Feel Relief From Being in Debt

Many people find themselves in a situation where they have racked up a lot of debt and just aren't sure what to do about it. Having a lot of debt can be scary, and you may feel like you are drowning in bills all of the time. 

Fortunately, there may be some things that you can do to alleviate some of the financial stress that you are feeling. 

Here are some ways to finally feel relief from being in debt.

Make Payment Arrangements With the Creditors

If your payments are more than you can afford, call up your creditors to see if you can make some kind of payment arrangements with them that you can afford. 

There's a good chance that they will work with you as they would rather you pay them something every month instead of nothing. It may take you longer to pay them off, but it will give you a bit of relief.

Talk to a Bankruptcy Attorney

It's not that uncommon for some individuals to be so overwhelmed by debt that the only way they can get some relief is by filing for bankruptcy. If you feel like you are too far in over your head to ever be able to pay everything off, you may want to talk to a bankruptcy attorney like Brian R. Cahn & Associates, LLC. 

They will talk to you about your finances and help you determine whether or not bankruptcy may be right for you.

Create a Budget to Know Where All of Your Money Is Going

Many people find themselves having a difficult time paying off debt because they just don't know where their money is going every single month. If you don't have a budget, now is the time to create one. 

Write down your monthly expenses as well as how much money you bring in. You can use this information to determine how much money you have leftover to pay off your debt.

Find Some Ways to Bring in Extra Money

If you want to pay off your debt as quickly as possible, you should find some ways to bring in extra money. Ask your job if you can work overtime, or look into side gigs that you can do around your full-time job.

If you are in debt and feeling stressed about it, there are some ways that you can finally feel relief. By utilizing all of the tips mentioned above, you can tackle your debt and not feel like you are in a hopeless situation.

4 Things Seniors Should Know About Declaring Bankruptcy After You Retire

You are sure of certain things in your working life: growing older and accumulating all your savings in the bank. Many seniors desire to reach their retirement age with enough savings in their accounts to sustain a comfortable life. 

However, that is not the case for those who retire with debts. Faced with increased healthcare costs, decreasing pensions, low income, and high tax rates, seniors have to rely on what they have in the bank and social security. 

When there is an imbalance in their savings and debts, they opt to file for bankruptcy. While the procedure helps relieve them of some cash straps, there are other concerns to consider.

Chapter

There are two key consumer bankruptcy protection types: Chapter 7 and Chapter 13. When you file bankruptcy with Chapter 7, you don’t have to deal with a debt repayment plan. 

Instead, all of your assets are liquidated and used to pay off as much of your debt as possible. If the value of your assets doesn’t cover the entirety of your debt, the remainder is dismissed. 

When you file bankruptcy with Chapter 13, you retain all your assets but commit yourself to repay your creditors a certain amount of money in a period of three to five years. The courts will decide on a payment plan for you.




When you file, you get to choose which type of bankruptcy to choose. However, there are some limitations to this. There is a means test to decide if you qualify for Chapter 7 bankruptcy. If your income is too great, you will be required to file for Chapter 13 instead.

Assets and Exemptions

Seniors should weigh the effect of declaring bankruptcy on their assets. All states have particular laws governing what is exempted during a bankruptcy case. 

Depending on where you reside, you can substitute federal exemption guidelines. Some of the assets that would likely be exempted in your case include a vehicle, home equity, clothing, and work-related equipment. 

Each exemption is associated with a certain amount of dollars. Homeowner retirees should pay attention to their state rules on homestead exemptions. Several states allow you to exempt a certain amount of money for your home value, while other states let you exempt any amount.

Retirement Income

As mentioned earlier, if you don’t qualify for Chapter 7 bankruptcy, you will have to file for Chapter 13 bankruptcy instead. However, one thing to keep in mind when doing the means test is that your social security compensation is not considered income, which can make it easier for seniors to qualify for Chapter 7. 

Additionally, pensions, 401k plans, annuities, and a certain part of a traditional or Roth IRA plan will all be exempted.

If you’re not sure whether bankruptcy is right for you or which type of bankruptcy you should file for, talk to a bankruptcy attorney. They can give you advice about what would best fit your specific situation. They can also help you in filing and working with the courts.

Filing for bankruptcy in your retirement is beneficial if you have substantial debt and do not have enough income to cover it. Contact a bankruptcy attorney for more information. The attorney will explain the legal process of filing for retirement bankruptcy and how to avoid penalties.

Facing Bankruptcy? Here Are 4 Things You Have to Know

You may know a few, basic facts about bankruptcy, but there are numerous myths that everyone tends to believe. Know about the rules and risks of filing for Chapter 7 or 13 bankruptcy along with the exceptions. 

Here are four of the most important facts to know.

Your Credit Is Safe

A bankruptcy remains on your credit report for 10 years and then can be discharged. After this period ends, you have the ability to obtain a new loan, home, car, or other large investment. 

This means that lenders are willing to work with you again. With some patience and proper planning, you can obtain new credit sooner than you think.

You Don't Have to Give Up Everything

Filing for bankruptcy does not mean having to give up your money or assets. You still keep hold of your property, vehicles, and personal belongings. 

If you file for Chapter 7 bankruptcy, keep all of your possessions and claim exemptions that you need for your daily essentials. The reality is that many people's belongings are old or damaged and have little to no value. 

Creditors are not likely to go after your old possessions; however, they may still go after your vehicles and other expensive valuables.

Some Debts Are Not Forgiven

Filing for Chapter 7 or 13 bankruptcy relieves some but not all debts. The debts that you cannot have discharged must be paid for yourself, such as taxes, child support, and student loans. 

These rules are set in place to force people to take greater responsibility for their actions. On the other hand, you can discharge credit card bills, medical bills, and personal loans. Contact a bankruptcy lawyer to learn more about the debts and discharges in your state.

Bankruptcy Is Not a Bad Idea

When people think of bankruptcy, they tend to only think of the negative consequences that come later. For many individuals and business owners, filing for bankruptcy is one of the best financial decisions they'll ever make. 

It helps them to start over financially and reduce their monthly repayments. This option is not recommended for every debtor, so it's important to review your decision with a bankruptcy attorney.

Every year, debtors file for bankruptcy to relieve their debts without knowing what they're getting into. Some people don't file at all, worried that their credit and reputation will be ruined forever. 

Some borrowers think that the process is easy and all of their debts will be forgiven. It's important to separate fact from fiction as you consider the debt relief option of bankruptcy.

Why You Need Legal Counsel When Filing for Bankruptcy

You’ve become tired of the constant calls from your creditors. You are receiving threatening letters daily from the companies you owe money to. Your debt situation is out of control. You have decided that bankruptcy is your best option. 

Now, you may be tempted to file bankruptcy on your own. You may believe you could save the money you would pay an attorney. You could also be making a huge mistake that could cost you far more than attorney fees in the future.

Valuable Legal Advice

Unless you are an experienced bankruptcy attorney, the process will seem complicated. Legal professionals are able to provide you with important advice and answer any questions you have about bankruptcy. 

They know how to help when you feel lost and confused. These attorneys can help you make the best decision when it comes to the method of bankruptcy you should file and more.

End Harassment

A bankruptcy lawyer, like those at McCool & McCool, knows all the ins and outs of the business. A competent lawyer will know how to have debt collectors stop calling your house and business. 

If creditors continue to call once you have filed for bankruptcy, these lawyers will tell your creditors to contact them directly. They will handle these issues so you no longer have this problem.

Professional Relationships

An attorney will have developed important relationships with clerks, judges as well as other attorneys. They may also be familiar with your creditors. 

Their significant knowledge of the court system and those who work in it will be a huge benefit for your case. These professional connections can help them know the stage of your bankruptcy and keep your case moving through the legal system.

Residual Issues

One or more of your creditors could disregard your debt discharge. They may continue to try and collect on your discharged debt. It is also possible they could continue to report late payments on your credit report. 

An attorney will know how to handle this situation. It may require them to petition the court for injunctive relief. This will stop the creditor’s behavior in this situation.

Post-Bankruptcy

Once you have successfully filed for bankruptcy, you will then need to work on repairing your credit. This is when an attorney can provide you with important suggestions when it comes to rebuilding your credit rating. 

They will know how this can be done responsibly. The goal will be to set you up for financial success. They will help you be in the best financial position going forward.

You should realize bankruptcy is something that can happen to anyone. The yearly bankruptcy filings in the calendar year 2020 totaled over 500,000. 

This is a time when an innocent mistake can cause serious problems in the future. A lawyer will know how to guide you through the entire process. Your bankruptcy will be done correctly and be a benefit to you.

How to Recover After Filing for Bankruptcy

The decision to file for bankruptcy isn’t an easy one. In many situations, it’s the best option, but that doesn’t mean it will be easy. After you file, you’ll need to work to fix your credit and bring your financial situation back into a healthy balance.

Get Comfortable With Your Credit Report

Monitoring your credit will be important following a declaration of bankruptcy. You’ll want to make sure the bankruptcy effectively removed all debt. Otherwise, it could continue to affect your credit score. Look over the report at least once a month.

Start Building Credit

To develop a healthy relationship with your finances, you’ll need to begin responsibly using credit. A recent bankruptcy will limit your options, but you should be able to get a secured credit card. 

This type of card allows you to use your own money as collateral, removing any risk on the part of the lender. The collateral is usually a few hundred dollars. Having it will allow you to practice using a reasonable amount of credit and then paying off the balance each month. 

Always keep the balance low as this is part of what will determine your new credit score. Start with one line of credit for now, and slowly build over time. You don’t want to add too many new accounts at once. It lowers your score.

Consider a Bankruptcy Attorney

Bankruptcy law can be confusing. A good bankruptcy attorney can guide you through the process and can help guide you through the next steps. Along with helping you decide what type of bankruptcy filing is best, the attorney will also handle calls to creditors and ensure you file all paperwork correctly.

Practice Good Behaviors

Bankruptcy provides a fresh start, but it’ll be up to you to make use of it. If you continue to make the same financial mistakes, you’ll end up back in a bad situation or possibly even be worse off than before. 

Be sure to pay all bills on time, follow a budget, and live within or even below your means. The more money you can put in savings, the less likely you are to go further into debt in the event of an emergency.

Complete recovery from bankruptcy isn’t easy. At times, it can feel impossible. However, with hard work, dedication, and a lot of patience, you can learn a new financial skillset and move forward into a much better future.

Bouncing Checks: 4 Ways to Make Bankruptcy Easier to Manage

Bankruptcy can have a profound effect on your finances both now and over the next several years. While it may help you get out of debt, it can also make it harder to get credit for the two to three years that follow. 

The bankruptcy will also stay on your credit report for up to 10 years. What steps can you take to best manage bankruptcy?

Know Your Rights

It is important that you learn as much as possible about your rights as it relates to filing for bankruptcy. During a bankruptcy case, creditors are generally unable to contact you or move forward with a repossession or a foreclosure. 

If you get any demand for payment from a creditor, contact your attorney, the case trustee or the bankruptcy court immediately. Doing so may prevent you from making payments or otherwise enduring harassment that you don't need to go through.

Know What Type of Bankruptcy to File For

Chapter 7 bankruptcy is ideal for those who have unsecured debts and few assets. Chapter 13 bankruptcy is best for those with secured debts or debts that can't be discharged. 

Professionals, like those at Demers Gagnier Inc., may be able to help you understand your options and which type of protection from creditors is right for you.

Know the Requirements before You File

When you file for bankruptcy, you will be required to provide information about your income, assets and liabilities. 

You will also be required to go through credit counseling within 180 days of filing. Taking the process seriously and providing any information asked of you in a timely manner may prevent your case from being dismissed or rejected.

Stick to the Repayment Plan

If you file for reorganization bankruptcy, you will be required to make payments on some or all debts for three to five years. Payments will be made according to a plan that is approved by the bankruptcy court. 

Making your plan payments as required may avoid challenges from creditors or other problems that could result in your case being dismissed. If you have trouble making payments, get in touch with the case trustee as soon as possible.

`Bankruptcy is ideally a last resort for dealing with debt after all other options have been exhausted. However, when done correctly, bankruptcy may help you get a handle on your finances both today and in the long run. 

If you are thinking about filing, make sure to do so with the help of an attorney or financial adviser to make it easier to manage the process.

Is there a difference between Chapter 7 and Chapter 13 Bankruptcy?

Declaring bankruptcy is an upsetting time for anyone. You never want to be placed in this position. In the US, there are two major types of bankruptcy you might file for if your personal debts have grown out of control: chapter 7 and chapter 13 bankruptcy. A lot of people confuse these two types, and when you are facing serious financial debt, it can be very difficult to know which route to take.

Here are the major differences between chapter 7 and chapter 13 bankruptcies, so you’re aware of your options if you face insurmountable debt.

Chapter 7 Bankruptcy Explained

Chapter 7 bankruptcy is where you admit to the court you have no chance of paying off your debts, and the court discharges your debts. You’ll be completely free from debt, but the catch is your belongings and property can be distributed to creditors to pay off your debts. There are items exempt from this, but in extreme situations where you owe large amounts of money, you could lose everything.

This is the end of the line for most people. The bankruptcy mark will remain on your record for a number of years, making it almost nearly impossible to take out credit.

Chapter 13 Bankruptcy Explained

Chapter 13 bankruptcy isn’t bankruptcy in the conventional sense. While you agree you can’t pay off your debts, you don’t necessarily discharge the debts. Instead, you broker a deal in the courts between you and your creditors where you’ll create a repayment plan. Usually, you’ll have your wages garnished every month until the debt is repaid. The difference is you aren’t putting your belongings at risk unless you specify that in the terms of repayment. In some cases, you might have some of your debt discharged.

Like chapter 7 bankruptcy, the mark of a chapter 13 bankruptcy remains on your credit score for several years, making it difficult to take out new lines of credit.

What Can They Take?

In chapter 13 bankruptcy they can’t take a thing. This isn’t where you admit you have to make a fresh start. It’s simply admitting you need legal intervention to help you pay off your debts. You can agree to sell something, like a car or furniture, to make the deal better for yourself, but it isn’t always necessary.

In the case of a chapter 7 bankruptcy, they can take anything of sufficient value. A bank could seize property, but in many states your primary residence is protected. Despite the equity, it’s likely the bankruptcy could still force a sale of your home so the creditors can recover their money.

You can lose your vehicle unless the court deems it essential to your livelihood. You can also keep trade tools for your work, but this only applies to a certain value. Anything above this value can be sold.

Your furniture and personal belongings are normally exempt from being sold off to collect a debt. Expensive jewelry and large items like plasma televisions and high-tech computers can be sold if they’re worth enough.

If you’re filing for either type of bankruptcy, it’s strongly recommended you employ a bankruptcy lawyer to help with the process. Through professional legal guidance, you can get you a more favorable deal and potentially help you retain many of your possessions.

About the Author:Ashley Parker has worked with many bankruptcy lawyers and financial advisors over the years. She regularly educates people on the differences between chapter 7 and 13 bankruptcies. As one of many chapter 7 attorneys, she recommends her clients try to opt for chapter 13, if at all possible.

Factors to Consider While Filing Bankruptcy

Bankruptcy is one word that we all fear about. Debt is stressful and overwhelming experience for anyone and a pure hell that have gone through. The most hazardous is when these debts start piling up and collection begins to call in; it is like living on the edge of financial hardships. Rather than keeping your debts and overhead expenses piling and finally that you come broke, it is better to file a bankruptcy before that.

In present economic situation, filing a bankruptcy is common thing, though for those who are filing are under pressure of numerous things, questioning whether they have head towards the right step or not.

Also, they have a fear whether they will be able to get back their life on track or not. There are certain factors to consider while filing bankruptcy and instead filing it yourself it is recommended that you hire an expertise help.

The reason of hiring an attorney for filing bankruptcy is every country/state has different norms to follow and has designed the bankruptcy law similar to that. It is difficult to know and follow these laws, also with time they are changed which makes grim to know the latest update thus, employing attorney sounds good.

Below mentioned are some of the factors to consider while filing bankruptcy such as:

First Thing First, Are You Ready For This: It is an important decision that people take time in taking into consideration. Determining to file for the bankruptcy doesn’t mean one doesn’t have weighed its pros and cons. Also, it is life altering matter, if not bankruptcy, through debt negotiation has also proved to be effective in resolving debt issues.

Your Assets Might Be At Risk: Debt crisis can lead to all types of consequences; some of them make it worse than others. When you default on a secured debt, such as car loan or mortgage those assets automatically turns into the risk of liquidation. Filing for the bankruptcy can help you regain the possession of your assets or can prevent a foreclosure. This is an actual benefit that people find appealing in bankruptcy process. When comparing the traditional debt negotiation, bankruptcy places an instant hold on any seizure, garnishment orders or lawsuits. This lets you have enough time to resolve your debts without worrying about your valuable possessions.

Debts Are Overwhelming: People most of the times misunderstood about the entire filing bankruptcy procedure, they think that those who file bankruptcy are overwhelmed by their debts. However, it is not always the same scenario with missed payments and tight financial condition it is an occasional concern and doesn’t necessarily suggest that you are a candidate for filing bankruptcy. If your debts majorly comprises of student loans, domestic expenses, taxes and such like then you are less likely to file bankruptcy since these kinds of debts rarely qualify.

Have You Reviewed Your Options? Filing for the bankruptcy could be a great tool during your financial hardships, not a first choice that you at the most consider. Though the entire procedure is time consuming, and involves attention from legal avenues. Also, know that not every time you are saved from the legalities there are always good as well as bad side and depending on the case the court approves the filing if not entirely but partial. It is better that you consult an attorney and let him/her do the job.

It is necessary that you talk openly with your attorney, as he/she would be the only person that would be fighting for you and aiding your financial crisis as much as possible. Lastly, know that filing bankruptcy is not about absolutely about how bad your past financial records were, but how efficiently you will be managing your financial undertakings after it.