Essential Legal Tools for Bankruptcy to Help You Get Back on Track

Facing bankruptcy can be a challenging and overwhelming experience, but there are legal recourses available to help you navigate this difficult time and get back on track financially. 

Here are six different legal tools that can assist individuals dealing with bankruptcy, including valuable information on filing for Chapter 7 bankruptcy.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy is a crucial option for individuals looking to eliminate unsecured debts quickly and regain control of their finances. This process allows you to wipe out debts such as credit card balances and medical bills without the burden of repayment, granting you a fresh start. 

During the Chapter 7 process, a court-appointed trustee assesses your financial situation, sells non-exempt assets, and uses the proceeds to pay your creditors. Typical assets that can be protected include your primary residence, vehicle, and necessary personal items, which means you may not lose everything you own. 

The entire process usually wraps up in three to six months, leaving you with the chance to rebuild your credit and focus on establishing a sustainable financial future. 

Understanding the specifics of what can be discharged and how the process works can empower you to make informed decisions during this challenging time.

Automatic Stay Protection

The automatic stay provision is essential for individuals navigating bankruptcy, as it provides immediate relief from the relentless pressure of creditors. 

Upon filing for bankruptcy, this legal shield halts all collection activities, allowing you to breath easier without the constant threat of phone calls, lawsuits, or wage garnishments. 

This protection not only gives you the necessary time to assess your financial situation and formulate a plan, but it also ensures that creditors cannot seize your assets or interfere with your right to a fresh start during the bankruptcy process. 

Understanding that the automatic stay creates a temporary pause on financial obligations can be empowering, enabling you to focus your energy on rebuilding rather than being overwhelmed by your debts. 

It's crucial to know that this stay is not indefinite; therefore, working closely with your attorney to resolve your bankruptcy case efficiently can help ensure you maximize this important protection.

Debt Discharge

Another essential legal tool in bankruptcy is debt discharge. In the bankruptcy process, certain unsecured debts, such as credit card debts, medical bills, personal loans, and utility bills, can be discharged, meaning you are no longer responsible for repaying them. 

This can significantly reduce your financial burden and free up resources to focus on essential expenses moving forward. However, not all debts are eligible for discharge; for instance, student loans, child support, and certain tax debts typically remain your responsibility. 

It's vital to understand your unique situation and which debts qualify for discharge, as this knowledge empowers you to take proactive steps toward rebuilding your credit and financial stability. 

Working with a qualified attorney can further help you navigate the specifics of the process and ensure that you take full advantage of available debt relief resources.

Reaffirmation Agreements

In some cases, you may want to keep certain assets like your car or home even after filing for bankruptcy. By agreeing to a reaffirmation, you commit to continuing payments on these debts, allowing you to maintain possession of the property and avoid forfeiture. 

However, it's essential to scrutinize the terms of these agreements carefully, as they can impact your financial recovery. Reaffirmed debts are not discharged in bankruptcy, meaning you remain liable for them even after the bankruptcy case concludes. 

Before proceeding, assess whether the monthly payments fit comfortably within your budget and consider the long-term implications of retaining the asset versus the potential for rebuilding your credit post-bankruptcy. 

Consulting with a qualified attorney can help you navigate the complexities of reaffirmation agreements and ensure that the decision aligns with your overall financial strategy.

Credit Counseling Requirement

Before filing for bankruptcy, individuals are required to undergo credit counseling from an approved agency within 180 days of filing. 

This counseling is a critical step for individuals considering bankruptcy, as it not only equips you with essential insights regarding your financial situation, but also helps identify viable alternatives to filing. 

Within 180 days prior to submitting your bankruptcy petition, you're required to participate in a session with an approved credit counseling agency. This session will guide you through a comprehensive analysis of your income, expenses, and debt levels. You'll work with a counselor to devise a tailored plan that can potentially lead to debt management outside of bankruptcy. 

The session will also inform you about the options available, such as debt consolidation and negotiation tactics, which can aid in reducing your debts without resorting to bankruptcy. 

Furthermore, this requirement is not merely a formality; it plays a crucial role in fostering a responsible financial mindset, empowering you to make informed decisions as you navigate the complexities of your financial recovery. 

Completing this counseling is essential for progressing with your bankruptcy filing and can significantly impact the outcomes of your case.

Means Test Evaluation

For individuals considering Chapter 7 bankruptcy, the means test evaluation is a critical legal tool used to determine eligibility. This test measures your current income against the median income for your state, determining your ability to repay your debts. 

If your income falls below the state median, you likely meet the criteria for Chapter 7, enabling you to eliminate unsecured debts like credit cards and medical bills swiftly. However, if your income exceeds the median, you may need to explore Chapter 13 bankruptcy, which involves setting up a repayment plan over three to five years. 

It’s essential to gather your financial records, including pay stubs and tax returns, to accurately complete the means test. Understanding how this evaluation works not only clarifies your options but also empowers you to make informed decisions that align with your financial recovery goals. 

Additionally, working with a qualified attorney can help you navigate any complexities in your situation and ensure that you maximize your potential for debt relief.

Navigating the complexities of bankruptcy can be daunting, but with the help of an experienced bankruptcy lawyer like the team at McManus & Associates, you can access these essential legal tools and work towards a brighter financial future. 

A skilled attorney can guide you through each step of the process, protect your rights, and advocate on your behalf to achieve the best possible outcome in your bankruptcy case.

Final Thoughts

Remember that every individual's financial situation is unique, so it's crucial to seek personalized legal advice tailored to your specific circumstances when considering bankruptcy. 

By leveraging these legal tools effectively and working with a knowledgeable attorney, you can overcome the challenges of bankruptcy and lay the foundation for a more stable financial future ahead.

The Truth About Declaring Bankruptcy: What You Need To Know

Declaring bankruptcy can be a difficult decision to make, but sometimes it may be necessary to get a fresh start financially. However, before taking the leap, there are important things you need to know in order to make an informed decision. 

In this article, we will delve into the truth about declaring bankruptcy and provide you with essential information that can help you navigate through this process.

Understand the Different Types of Bankruptcy

There are different types of bankruptcy, but the most common ones for individuals are Chapter 7 and Chapter 13. It is crucial to understand the differences between these two options and which one may be more suitable for your financial situation.

Chapter 7 Bankruptcy

Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, is designed for individuals who find it challenging to meet their monthly debt obligations. 

In this method, a bankruptcy trustee is appointed to oversee the sale of the debtor's non-exempt assets, with the proceeds used to pay back creditors. 

It's important to note that not all debts can be discharged under Chapter 7; obligations such as student loans, alimony, and child support typically remain. 

Furthermore, qualifying for Chapter 7 requires passing a means test, which compares your income to the median in your state for a household of your size.

Chapter 13 Bankruptcy

Contrastingly, Chapter 13 bankruptcy is utilized by individuals who have a regular income and wish to keep their assets, like a home or car, which might otherwise be lost in Chapter 7. 

This bankruptcy type allows debtors to reorganize their debts and propose a repayment plan to creditors, typically spanning three to five years. The key advantage of Chapter 13 is that it provides an opportunity to catch up on missed mortgage or car payments, thus avoiding foreclosure or repossession. 

Additionally, Chapter 13 can help in restructuring other types of debt, making monthly payments more manageable. However, success in Chapter 13 requires adherence to a strict budget and the ability to make regular payments.

Consider Alternatives to Bankruptcy

Before deciding to declare bankruptcy, it is important to explore other options that may help you manage your debts effectively. This could include negotiating with creditors for lower interest rates or payment plans, seeking credit counseling services, or consolidating debts into a single loan. 

Bankruptcy should be seen as a last resort when all other options have been exhausted.

Understand the Consequences of Declaring Bankruptcy

While declaring bankruptcy can provide relief from overwhelming debt, it also comes with consequences that can impact your financial future. 

Bankruptcy will stay on your credit report for several years, making it difficult to qualify for loans or credit cards in the future. It may also affect your ability to rent an apartment or secure employment in certain industries.

Consult With a Bankruptcy Attorney

If you are considering declaring bankruptcy, it is highly recommended to consult with a bankruptcy attorney who can guide you through the process and ensure that your rights are protected. 

An attorney can help you understand the legal implications of declaring bankruptcy and assist you in completing all necessary paperwork accurately.

Create a Financial Plan Post-Bankruptcy

After declaring bankruptcy, it is essential to create a solid financial plan that will help you rebuild your credit and achieve financial stability. 

This could include setting up a budget, establishing an emergency fund, and working towards improving your credit score over time. By taking proactive steps towards financial responsibility post-bankruptcy, you can set yourself up for success in the long run.

Final Thoughts

Declaring bankruptcy is not a decision that should be taken lightly, as it can have long-lasting implications on your financial well-being. 

Before taking the leap, it is important to understand the different types of bankruptcy available, consider alternative solutions, be aware of the consequences involved, seek professional advice from a bankruptcy attorney, and create a solid financial plan post-bankruptcy. 

By being well-informed and proactive throughout this process, you can navigate through declaring bankruptcy successfully and work towards achieving financial freedom in the future.

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.

The Advantages to Hiring a Bankruptcy Lawyer

Too much debt can be a serious problem. You may end up with so much debt that ever paying it off seems impossible. You may fear you’ll never be able to get your financial house in order again, and the consequences will prevent any necessary major purchases ever again. 

If this is the case for you, you may be tempted to file for bankruptcy. However, it’s actually a good idea to do so with the assistance of a bankruptcy attorney, as doing so can have certain advantages you may have otherwise been unaware of.

You’ll Be Able to Get the Best Chapter of Bankruptcy for You

For individuals, bankruptcy usually takes either of two forms. This includes Chapter 7 bankruptcy, which involves a traditional liquidation of assets. 

It can also be Chapter 13 bankruptcy, which involves the restructuring of a person’s debts. A seasoned bankruptcy attorney should be able to obtain the form of bankruptcy that is most likely to work best for you.

A Lawyer Can Deal With Your Creditors

One of the worst parts of being in debt can be having to deal with creditors. When creditors want their money, their harassment of debtors can be relentless. 

At certain points, you may feel genuinely intimidated by their harsh tactics. One solution is to go to website of a seasoned bankruptcy attorney and contact them regarding your case. The lawyer can be the one who deals with the creditors so you don’t have to.

You Will Increase Your Odds of Success

Many people are actually rejected by the court and not allowed to go through the bankruptcy process. In other cases, they may end up going through a form of bankruptcy they didn’t want to that can result in losing assets or still having to pay creditors. 

Overall, you are not a lawyer. If you want to increase your chances of success, you need to hire a bankruptcy attorney.

Bankruptcy Is Very Complicated and High Stakes

Bankruptcy is one of the most regulated portions of the law. There is a lot of legal code to cover, and much of this can be confusing for a layperson. If you make mistakes in regards to bankruptcy, you may even end up being sent to jail for fraud. 

Hiring a bankruptcy lawyer, however, can help ensure that your actions conform to the law and you obtain the best outcome possible.

Overall, you should never decide to go through the bankruptcy process on your own. Instead, it’s better to take advantage of the skills and knowledge of a seasoned bankruptcy attorney in order to help you find a desirable way out of your predicament. 

At the very least, you’ll have a much better advantage of dealing with creditors, the bank, and allowing your finances to recover overall if you have someone on your side who knows their way around bankruptcy and all it entails.

Why More and More Retailers are Filing for Bankruptcy

From family-owned businesses to national chain stores, more and more retailers are filing for bankruptcy. Statistics show that retail bankruptcy filings were up more than 30 percent in 2017 from the year prior. 

So, what’s driving this change in the retail landscape, and what can retail business owners do to protect themselves?

The Transition from Offline to Online Shopping

Several factors play a role in the increasing number of retail closings, one of which is the trend of online shopping. It turns out that 51 percent of US Consumers prefer to shop online. Buying goods over the internet is often easier, more convenient and even cheaper. 

As a result, consumers have shifted their shopping habits from local shopping centers and malls to the internet.

Another issue is that supply, in many cases, outweighs demand. Retailers continue to open new stores in hopes of increasing revenue. With consumer demand stagnant, however, this doesn’t happen. 



Instead, retailers are left with a surplus of goods and high overhead costs. Retail business owners who want to survive must learn to adapt to market changes while providing a valuable service for consumers.

Major Retailers Filing for Bankruptcy

Even major retailers aren’t immune from these market changes. In September 2017, just months away from the holiday shopping season, Toys ‘R’ Us filed for Chapter 11 bankruptcy protection. This prompted the national kids’ toy retailer to close some 200 stores.

Payless ShoeSource also fell into hard times last year. In April, the shoe store filed for Chapter 11 bankruptcy protection, announcing the closure of approximately 800 stores.

Other retailers that have filed for bankruptcy protection in recent months include HHGregg, RadioShack, Eastern Outfitters, Gander Mountain, Gormans, Wet Seal and Aéropostale.

How Bankruptcy Protection Can Help

Filing bankruptcy doesn’t necessarily mean the retail business will close. On the contrary, many retailers file it to keep their business alive during periods of financial hardship. 

When a retail business owner cannot pay his or her bills, bankruptcy offers a second change. As a business owner, you can keep a bankruptcy lawyer like the Law Office of Barbara B. Braziel on call.

There are several different types of bankruptcy, including Chapter 7, Chapter 11 and Chapter 13. With Chapter 7, the business’s assets are handed over to a trustee who oversees its liquidation for the purpose of paying off debts. 

Chapter 11 and Chapter 13, however, typically provide retailers with an opportunity to continue their business. The retailer may arrange a reorganize their business structure, liquidating assets and closing stores, and he or she may agree to a repayment plan with creditors.

There’s an undeniable change happening in the retail landscape. However, retailers can overcome financial hardship by consolidating their operations and filing for bankruptcy protection.

Celebrity Bankruptcy- A Lesson in Finances

Nothing catches the attention of the press quite like a celebrity wedding, except maybe a celebrity bankruptcy. There’s something captivating about watching someone go from a multi-millionaire to bankrupt in the space of one news article, and it leaves us wondering, “How did this happen?” It seems the bigger they are, the harder they fall, but celebrities who go bankrupt have mostly made the same types of financial mistakes that everyone else does, albeit on a bigger scale.

Living Within Your Means

To live within your means is to keep your expenditures each month lower than your income. It seems simple on paper, but many people struggle with this concept, even celebrities. In the case of the exceedingly rich, it seems their lavish lifestyle becomes an entity of its own, requiring more and more funding until it finally breaks the bank. For the average person, life changes, like the loss of a job, can turn a comfortable situation into an uncomfortable one very quickly. Living well within your means, leaving lots of wiggle room for savings, can give you a cushion in hard times that can protect against financial ruin.

Don’t Bank on the Future

Many of the most glamorous celebrity bankruptcies stem from one hit wonders and other flashes in the pan who were planning on being a lot more famous. They receive their first big paycheck, and plan a whole lifestyle around it, assuming that more is on the way. When their 15 minutes of fame are over, and the money stops coming in, they’re headed for bankruptcy court.

The lesson here for the common man is that you should never put yourself in a position where you’re spending money you haven’t been paid yet. If it looks like you’re about to secure a new contract, or your recent job interview went really well, do not take this as a sign that you can go out and blow your savings. Just pat yourself on the back, hope for the best, and continue living within your current means.

Supporting a Habit

Celebrities often cite supporting bad habits as reasons for their bankruptcy. They get in over their heads because of drugs, gambling or other high roller vices, and stop paying their other bills. While our bad habits might not be as newsworthy, they can still put us in a bind budget wise. Some of our unprofitable bad habits include things like using credit cards to purchase luxury items that we can’t afford, or prioritizing wants over needs.

Pay the Taxman

It seems like just about every big name celebrity bankruptcy includes an unfathomable amount of money owed to the IRS in the form of unpaid taxes. It doesn’t matter how important you are, Uncle Sam still takes his cut. When you fall behind in taxes, the IRS can seize your assets and garnish your wages in order to obtain what’s owed to them, and this can leave you with little or no money to pay your other bills, and headed for bankruptcy. The worst part is that bankruptcy doesn’t even include IRS debt in most cases, so you’ll still have to pay your taxes in the end.

The best thing to do is take a lesson from high profile celebrity bankruptcies, and avoid this and other pitfalls altogether.

Tiecen Anderson
In her former life, Tiecen worked in sales and marketing for a large insurance company. Before starting a family, she decided to switch gears and pursue a career that would give her a little more time at home. She finished up her degree from California Sate University in 2008 and started picking up work as a corporate web content writer. She enjoys learning new things every day as she works with a wide variety of clients, like Rulon T. Burton

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.