Posts Tagged ‘Bankruptcy’

5 Reasons You Should Hire a Lawyer Before Filing Bankruptcy

Friday, May 7th, 2010

Whether you’ve lost a home or lost a job, whether you have immense medical bills or a mortgage you’re falling behind on, bankruptcy can help. It has many advantages over 1) doing nothing and 2) trying to save your home on your own through creditors.

What does that mean? Say for example you are falling behind on mortgage payments; you decide to do nothing, hoping it will work itself out. This isn’t a trial case, as by doing nothing you risk losing everything. Since bankruptcy can be complex, and since it has many advantages, you should consider hiring a lawyer prior to making any decisions.

If you try to save your own home by yourself, you might run into difficulty navigating laws. Let’s use these as the first reasons you should hire a lawyer before filing bankruptcy.

Do Nothing or Do Something and Benefit
You can avoid filing bankruptcy, of course. There are alternatives to bankruptcy, but this post isn’t about negotiating with creditors; it’s about getting a fresh start financially. If you do nothing sometimes it will work out. Your reasons for doing nothing can be many, but the disadvantages are too great. If you do nothing, you could lose your home to the lender and your car to the repo-man. If you hire a lawyer immediately, you actually save time and money.

Saving Your Home from Foreclosure
Did you know that if you way too long to file for bankruptcy, you could lose your home? If you fall behind in payments you should talk with a lawyer. And note Chapter 7 bankruptcy, which will absolve you of the debt, will often force your trustee to sell the home to pay back your debts. Chapter 13 bankruptcy is the alternative. An experienced lawyer can walk  you through the steps and help you save your home with Chapter 13.

Before Filing Chapter 13 Bankruptcy

Before you file bankruptcy, you should consider all your options. Chapter 13 bankruptcy is not for everyone. It does have distinct advantages — saving your assets from foreclosure the biggest. An experienced lawyer can save all your assets if you hire him/her before it’s too late. They can advise you on how to navigate the laws.

When Chapter 7 Bankruptcy Works
Chapter 7 bankruptcy has advantages too. Before filing, you should be aware of laws such as exempt and nonexempt properties. Some property you can keep, some property you might lose. But what can you save? An experienced bankruptcy lawyer can explain and help on how to save the most property and how to eliminate the most debt.

Peace of Mind
It may sound minor, but peace of mind may be the best benefit of hiring a lawyer before you go into bankruptcy proceedings. It’s not impossible to do everything yourself, but in most situations hiring a lawyer saves you time, money, and headaches.

What Property is Exempt in Bankruptcy

Monday, May 3rd, 2010

With the Bankruptcy Code, state laws on exemptions are more uniform than ever before. That means we can go over the basics on exempt and nonexempt property after filing bankruptcy.

What is exempt property?
Exempt property is assets you can keep. Nonexempt property you can’t keep. That means if you own a home and it’s considered exempt, you can keep it. If you have a property valued too high, and you’re filing Chapter 7 bankruptcy, that may be considered nonexempt and you cannot keep it.

What forms of bankruptcy use exemptions?

Chapter 7 bankruptcy, the most common for many years but somewhat less common currently, is where exempt and nonexempt assets are considered. Why? Chapter 7 is a liquidation–a trustee will sell your nonexempt assets in order to pay debtors. Chapter 13 bankruptcy is different.

If major property is considered nonexempt, what next?

If you have a home and it’s considered  to be worth too much, and if you have a stable income coming in, you may consider filing under Chapter 13 bankruptcy. Chapter 13 is not a liquidation–it’s a repayment plan spread over 3-5 years. You are to pay bills on time, but you have extended periods to pay them back. In the case of having an expensive home or car you fear losing because of nonexemption, Chapter 13 is a good option. You pay back all debts, but you potentially can keep all your assets.

What property is exempt?
The Bankruptcy Code changes how states consider exemptions. Some states are still, however, very different than others. It depends on if the laws were accepted or not, as some states opted to follow Bankruptcy Code on exemptions and some have not. If you’re home is valued too much, you may lose it in Chapter 7 bankruptcy. In some cases, you might be able to keep it while still discharging debts. In this case, you should hire an experienced lawyer.

What you need to know for your home and car is what equity is left.

Questions for Your Bankruptcy Lawyer
What assets can you keep? That’s the big question. Clearly if you invested a lot of money into a home, if you have a valuable car, and have other valuable assets you fear losing, a good option is to hire an experienced bankruptcy lawyer. He/she can explain your options, how state laws work, and what form of personal bankruptcy you might file. Be thorough with your questions about what property is exempt and nonexempt. There are no bad questions when it comes to bankruptcy law.

Bankruptcy Eligibility for Phoenix Arizona Residents

Friday, April 30th, 2010

If you are are a Phoenix resident interested in filing personal bankruptcy via either Chapter 7 or Chapter 13, you should first find out if you’re eligible. Once you figure out eligibility, you can take the next important steps in successfully filing and getting a fresh start. This post shows you how, specifically for Phoenix, Arizona residents.

The median income for all states is the basis for Chapter 7 bankruptcy eligibility. With changes in bankruptcy, if you make more than the median income you often have to file under chapter 13 bankruptcy.

Chapter 13 bankruptcy does have clear advantages, but first let’s go over eligibility for Phoenix Chapter 7 bankruptcy.

Eligibility for Chapter 7
As stated, eligibility is different in all 50 states. For Phoenix and all residents of Arizona, here are the numbers.

Phoenix Family of 1, Annual Income Limit $43,397
Phoenix Family of 2, Annual Income Limit $57,620
Phoenix Family of 3, Annual Income of 62,002
Phoenix Family of 4, Annual Income of $71,867
And it increases for each additional family member

Why File Chapter 7 Bankruptcy in Phoenix Arizona?
Chapter 7 bankruptcy has many advantages for Phoenix residents. The median income is about average in Arizona to all other states, noting a lower number than in past years because of the rise in unemployment.

Unemployment is one of the leading reasons to file bankruptcy. If you’ve lost your job, have a lot of assets and little income, Chapter 7 bankruptcy may be good. It can clear credit debt for one, and can be finished in a matter of months.

There are of course other reasons to file for bankruptcy, beyond simply unemployment and credit card debt. You may have high medical bills, for example. Or you may be in danger of losing all your assets and want to cut your losses and eliminate debt. Chapter 7 bankruptcy can do this. Chapter 13 bankruptcy is also an option.

How Can Chapter 13 Bankruptcy Help Phoenix Arizona Residents?
Chapter 13 bankruptcy is very different, but more important now than ever for Arizona residents and residents in other states. Because of the median income law where if you make too much you are not eligible, Chapter 7 is off the table for many. This isn’t necessarily bad.

For one, Chapter 7 bankruptcy means you can lose major nonexempt assets, such as your home and car. If you are still employed,  have an income, but fear foreclosure or the repo-man, you might want to talk to a bankruptcy attorney about Chapter 13 bankruptcy.

There are some eligibility laws for Chapter 13 bankruptcy too, which includes Arizona and all other states. You, as an individual or a family, must have less than $336,900 in unsecured debt such as credit cards, medical debts, and taxes. You must also have less than $1,010,650 in secured debt such as mortgages and car loans. Most people fit into this criteria.

What’s the First Step for Phoenix Arizona Bankruptcy?

The first step is to hire a professional Phoenix bankruptcy attorney who can help you figure out 1) what you’re eligible for and 2) what’s best for you.

Tips on Stopping Creditor Harassment Before Bankruptcy

Wednesday, April 21st, 2010

By law, a creditor is only allowed to contact you in specific circumstances. If they’re calling you day and night at insane hours, you can sue. You should contact an attorney immediately.

But when is the time creditors “can” call you?
The times are between 8 AM and 9 PM, Monday-Saturday. If they do not follow these laws, you have grounds for a case against them (we’ll go over that more).

If creditors call you during the legal times, you still have rights under Federal and State laws. A creditor  can rarely if ever contact you at work. If they contact your neighbors or family looking for you, you also have a right to stop it.

How can you stop creditor harassment?
If you owe money, creditors have a legal right to contact you. However, what you can do is write a letter stating you want the contacts to stop; by law the creditors have to stop. What do you say in the letter?  You simply make it plain you want no more contact with the creditor anywhere, or to friends and family.

What if a creditor threatens you?

Unfortunately, this happens often enough to be noted, as creditors sometimes are known to threaten debtors. If a creditor threatens to hurt you, garnish your wages, or threaten you in any other way, it’s illegal. A creditor, for one, can never threaten to garnish your wages, even if they plan on doing so. Of course, it’s obvious threatening to hurt you is a major crime as well.

What if a creditor sends you a letter?
There are laws designed for letters from creditors too. The letter must state: you have 30 days to dispute the amount or the debt will be considered valid, how much the debt is, the name you owe money to, and that anything you say can be used against you. This is much like a Miranda, and just as in criminal law, there are rules on what creditors can and should say.

How can you sue a creditor?

The good news is, creditors are sued successfully on a regular basis. The bad news  is, the most you can collect from the creditor is $1,000. However, it does make a big statement. You still owe the money, but the creditor may have learned a valuable lesson.

What are your options if they follow all laws?
You have the right to 1) send them a letter asking for no more contact and 2) a lawyer to take any future creditor calls. If you file bankruptcy and hire a bankruptcy attorney, all future calls from the creditor should go directly to your attorney. This stops creditor harassment. There are alternatives to bankruptcy, but if you’re in over your head with debt, Chapter 7 and Chapter 13 bankruptcy are reasonable options for eliminating or managing debt.

How Long Does Bankruptcy Last? Notes on Personal Bankruptcy Chapter 7 and Chapter 13

Monday, April 19th, 2010

Bankruptcy gives you a fresh start financially. But it’s not for everyone.

So when should you file for bankruptcy?

There are many theories posted online about this subject, but keep in mind few bankruptcies are exactly the same. In some cases, you might be trying to save the home you spent your life paying for. In other cases, you may have fallen into debt due to a medical condition. Even simple credit card overspending, or less than simple job loss, can lead to bankruptcy

Bankruptcy does have advantages, especially when you consider personal Chapter 7 and Chapter 13 bankruptcy. Filing for bankruptcy is not about giving up; it’s about reworking your finances so you can get a second chance.

The question posed in the title–how long does it take to file bankruptcy–is easier to answer than why you should file.

The process for Chapter 7 bankruptcy typically only lasts 3-4 months. You hire an attorney, file with the courts, get a trustee who liquidates your nonexempt assets, and then you are for the most part free of creditor harassment, demanding letters from the bank, and huge interest rates on your credit card debt. Still, Chapter 7 bankruptcy should only be used in certain cases: in some respects, it’s the best form of bankruptcy available; but in others, you might lose many of your assets such as your car and home. It depends on what assets will be exempt and nonexempt. For instance, you cannot cancel mortgage debt, so this won’t save your home from foreclosure. You can eliminate the majority of your debt, especially credit card debt.

Before Chapter 7 bankruptcy begins, hire a professional bankruptcy attorney to look over your case. As you’ll have to follow court guidelines such as taking debt management classes and showing your income and debt.

Chapter 13 bankruptcy typically lasts 3-5 years. You hire an attorney, file with the court, create a plan to pay back your debt over this period, and hopefully at the end you’re back on your feet. If you still have an income, can pay monthly expenses, and follow court guidelines, you will be better off financially within a few years. Many debtors who make enough money are now being told by courts to file for Chapter 13 bankruptcy; this is because Chapter 7 bankruptcy involving canceling credit card debt is much more common.

So we know how long Chapter 7 and Chapter 13 bankruptcy take. How long should it take for you to get a fresh start? If you have to file bankruptcy again, can you? Getting financially solvent is another complicated question, but with the right plan, with the advantages of bankruptcy, you can. However, this bankruptcy will remain on your credit report for 10 years, which can limit your spending.

You can file for Chapter 7 or Chapter 13 bankruptcy again after six years time has passed. At this point, it may seem like you can never get your finances in order. However, a good bankruptcy attorney can help you beyond the court room: he or she can also help you stop creditor harassment.

The advantages of bankruptcy are many, the time it takes most often a few months or a few years, and the costs small in comparison to what you gain. If you’re interested in filing for bankruptcy, if you want a fresh start, contact a good bankruptcy attorney today.

How to Hire a Bankruptcy Attorney in New York

Friday, April 16th, 2010

If you are want to clear debts and  get a fresh start, Chapter 7 bankruptcy in New York can help. If you fear your home will go into foreclosure, you have many options with Chapter 13 bankruptcy and there are also alternatives to bankruptcy.

The first step in filing bankruptcy in New York is hiring a bankruptcy attorney. You must make this decision if you really want to file, and then who you’ll hire. This post will help.

Advantages of Bankruptcy

It was mentioned that alternatives to bankruptcy are often not as effective. Depending on how the courts treat your case, how much you owe, what assets you have, and what you make, filing bankruptcy has clear advantages
Chapter 13 Advantages: Save your home and property, and buy time to pay back bills
Chapter 7 Bankruptcy Advantages: You can clear most credit card debt, and many other debts

How to Hire a Bankruptcy Attorney in New York
If you look online, you can see thousands of bankruptcy attorneys just in the state of New York. Across the country, there are tens of thousands. However, they are not all equal, can have varying skills, and most important charge different rates. You want to hire a bankruptcy attorney in New York who is not overloaded with work, but is trusted. Referrals can really help in this process.

Create a list of potential bankruptcy attorneys you’re interested in. Research the topic, ask for referrals, and look over websites. Then, query attorneys on years experience, how many bankruptcies they file for clients on  a monthly basis, and how much they actually charge you.

How Can They Help You File Bankruptcy?
If you want to hire a bankruptcy attorney in New York, they must be knowledgeable of all laws concerning bankruptcy. They should also be willing to take calls from your creditors during the proceeding; if creditors call you constantly, this gives you peace of mind. Also, with new laws for filing  bankruptcy in New York and across the country, filing for Chapter 7 bankruptcy and liquidating your assets isn’t always an option. Now more bankruptcies are being changed to Chapter 13 bankruptcies, where you have to pay back debts and not discharge them.

How to Choose a Good Los Angeles Bankruptcy Attorney

Wednesday, April 14th, 2010

Hiring Los Angeles bankruptcy attorneys is tough, right? In fact, with literally tens of thousands of attorneys and thousands of bankruptcy attorneys, it seems easy. You have many options. You can negotiate process. You can get the best one for the deal. Bankruptcy gives you a fresh start, but one of the most important choices you make is in hiring a good bankruptcy attorney.

However, not all Los Angeles bankruptcy attorneys are a good fit for you. First, some are dishonest and  overcharge you (over billing you on hours, for example). It should be said there are just as many if not more honest Los Angeles bankruptcy attorneys as there are good ones. It’s choosing between the two which is hard.

Making a List of Good Los Angeles Bankruptcy Attorneys

The best way to find bankruptcy attorneys in Los Angeles is to use the web. This saves time on cold calls. You can also work via referrals, as you may know someone who worked with a particularly good bankruptcy attorney. How many Los Angeles bankruptcy attorneys should you consider? There is no big rule on how many you can choose, but 5-10 in your initial list is good, as you can focus on the most experienced.

Initial Queries to Los Angeles Bankruptcy Attorneys
Once you have that list, you want to start making phone calls and sending emails, whichever is easier for you. You should confirm the attorney specializes in bankruptcy, knows federal laws, and can help you immediately.

Inquiring on Workload
You should also query the attorney on how much work they have, as well as who you will be working with directly. You don’t want to be one of 100 clients for one or two bankruptcy attorneys in a firm. You could ask them if they are overloaded, but just ask how much time they have to spend with you.

Asking on Fees for Bankruptcy Attorneys

Just as important as workload is affordability. Since not all Los Angeles bankruptcy attorneys are equal, have the same skills and degrees, you may not always want the cheapest or most expensive one. Choose an attorney who has helpful bankruptcy knowledge, can educate you on the process, has years experience, and does not charge a fortune. Hiring the first attorney you find may work out, but it rarely does; the same could be said of hiring the cheapest.

Hiring the Best Bankruptcy Attorney
Once you’ve made your list and inquiries, there will likely be a few standouts. You do want your attorney to be close so you can meet with him or her from time to time. Choosing may seem hard, but you don’t have to agonize over this. Be clear on rates, ask for references, and make an informed decision.

Filing Bankruptcy in Los Angeles
Does the idea of filing bankruptcy scare you? The sad truth is that many just like you feel the same way. A good Los Angeles bankruptcy attorney can offer guidance on how to handle your finances, how to clear debt, how to stop creditor harassment, and how to get a fresh start.

Before Bankruptcy – How to Manage Essential and Nonessential Debts

Friday, April 9th, 2010

To avoid filing bankruptcy, you can maintain your credit, pay bills on time, and build a savings.  Some debts should have priority over other debts. This guide will show you which debts should be given priority, which ones should be at the bottom of your list, and if you do have to file for Chapter 7 or Chapter 13 bankruptcy, how planning ahead works wonders. Let’s begin.

Which Debts to Repay – Essential Debts
Essential debts are at the top of your list of bills, the ones with the most importance. Some of the consequences of not paying this will be pretty obvious. For example, without rent or mortgage payments, where do you expect to live? Without a car, how can you make it to work? Without utilities, where’s the power coming from?

Rent or mortgages are essential debts. If you rent a residence, and have nowhere else to go, that’s priority #1. On the other hand, before you file bankruptcy, if you own a home you’re paying a mortgage on, you might be able to sell the home and recoup some of your losses. Why would you sell? It just helps you avoid filing bankruptcy, and in some cases you might lose it anyway–so you can sell before you lose it. Certain homes might not sell for much of anything, especially if the housing market is bad. Weigh these pros and cons.

Child support is another essential debt. Why? You go to jail if you don’t pay them. And if you think not paying for a few months is okay, this will still show up as an unpaid bill–you have to pay it eventually. Bankruptcy does not cancel child support debt.

Cars aren’t always a must. You might have just lost your job and have access to many locations near your residence (like a grocery store). You might also sell your car before a bankruptcy to get enough money to pay other essential debts.

Lastly, taxes are a clear essential debt. You could lose your home and face stiff penalties if you do not pay your taxes every year.

Which Debts Are Secondary- Nonessential Debt
Nonessential debts have less priority, but will still be on your credit report for 7 years. Being a nonessential debt does not mean you won’t get in trouble for not paying, but if you have to choose between your house and paying back a friend, you have to make a choice. And though certain debts can be termed nonessential, such as gas, sometimes you just can’t go without paying the bills upfront.

Department stores are another nonessential debt. In this case you can be sued for not paying.

If you have a newspaper or magazine subscription, really you won’t owe that much. These are on the bottom of debts, but collection agencies can still harass you.

Legal and accounting come into play if you run a small business or regularly consult lawyers. These debts may be nonessential, but here again you can get sued for not paying.

Choosing Debts to Pay Before Bankruptcy
There are even more debts, including auto insurance, medical, credit cards, and student loans, which should be considered. So how do you follow a repayment plan for all of the bills one gets every month? How can you avoid bankruptcy? Create a list of expenses and budget yourself. Some of these debts are small in  terms of importance and price, but others could be quickly paid so you can focus. A debt repayment plan involves budgeting with this system: paying essential debts first, nonessential debts second, and always considering debts which can be both essential and nonessential in certain cases such as credit cards.

Before you file bankruptcy, you can budget. As bankruptcy isn’t for everyone and can be a life changing event, careful planning helps you get through this.

Eligibility for Chapter 13 Bankruptcy and How to Fund It

Monday, April 5th, 2010

If you need of time to pay back bills, if you face possible foreclosure, or if you’re considering Chapter 7 bankruptcy, you may in fact need to file for Chapter 13 bankruptcy in your state. Chapter 13 bankruptcy is a good option for many individuals, but that’s the only people who can file Chapter 13, as businesses cannot file for it.

With bankruptcy law changes, if you make too much money you may be forced to file for a Chapter 13 bankruptcy repayment plan instead of filing for Chapter 7 bankruptcy. If you’re unsure, hire a professional bankruptcy lawyer in your state today.

So when is Chapter 13 bankruptcy a good option? How are you eligible? And how can you fund the repayment plan? Let’s go over these questions.

When Chapter 13 Bankruptcy is a Good Option

Chapter 13 bankruptcy does have advantages over Chapter 7 bankruptcy, but clear disadvantages as well. This is again a case where professional counsel, a bankruptcy lawyer, can help.

In essence, Chapter 13 bankruptcy does not liquidate your assets and discharge certain debts like Chapter 7 bankruptcy does. You are not free and clear a few months after filing. Chapter 13 bankruptcy is about getting more time to pay back debts; it’s often a solution for those who earn a lot of money but still cannot pay all their bills. Also, rich or not, if you fear your house will go into foreclosure, Chapter 13 bankruptcy and the court can grant you an “Automatic Stay” to buy you several months time. You still have to make your initial mortgage payment, but the repayment plan grants you several years to catch up in a fair way.

Eligibility for Chapter 13 Bankruptcy
As noted earlier, businesses are not eligible to file for Chapter 13 bankruptcy. Businesses typically file for Chapter 11 bankruptcy. However, business owners can file for Chapter 13 bankruptcy as an individual.

For individuals, the key to Chapter 13 bankruptcy filing is to show the court you have enough disposable income for the repayment plan. This means that after your allowed expenses and secured debts, you can still have enough money to complete the 3-5 year repayment plan. Your repayment plan must show how you will pay all these debts back in full, or the court will deny the filing.

Funds You Can Use for Repayment Plan
There is a variety of income you can use to fund your Chapter 13 plan. These can get complex, and that’s where professional bankruptcy lawyers can help you. You can definitely use regular wages or income from self employment, for example, and also Social Security benefits.

Other Rules of Chapter 13 Bankruptcy
You cannot owe too much money and file for Chapter 13 bankruptcy. The number changes every few years, but if you have over one million dollars in debt you might have too much to file. You also must be current on income tax filings.

Hiring Counsel
Hiring a professional bankruptcy lawyer can help you navigate all these laws with ease, save your home from foreclosure, grant you time to pay back debts, and give you a fresh start.

Mortgages, Taxes, and Bankruptcy Relief

Thursday, April 1st, 2010

From 2007 through 2012, taxpayers can exclude income from the discharge of debt on their residence. A discharge of debt is what occurs after a successful Chapter 7 bankruptcy. It used to be you were responsible for some discharged debt even after Chapter 7 bankruptcy. Now, with the Mortgage Relief Act of 2007, you can exclude income made from certain debts discharged. The IRS website goes over how this works in detail, but lets ask general questions you likely have on how this effects you, your family, and your pocket book.

How Cancellation of Debt Occurs

When you borrow money money, and the debt is canceled or forgiven by the lender, you sometimes have to consider this canceled debt income for taxes. If you borrowed $50,000 dollars, and paid by half of that, $25,000 would be considered as income for tax purposes. So if you bought a home for that price, you can expect some of the resultant debts to show up after bankruptcy.

What is Cancellation of Debt?
If you borrow money from a commercial lender and the lender later cancels or forgives the debt, you may have to include the canceled amount in income for tax purposes, depending on the circumstances. When you borrowed the money you were not required to include the loan proceeds in income because you had an obligation to repay the lender. When that obligation is subsequently forgiven, the amount you received as loan proceeds is normally reportable as income because you no longer have an obligation to repay the lender. The lender is usually required to report the amount of the canceled debt to you and the IRS on a Form 1099-C, Cancellation of Debt.

Here’s a very simplified example. You borrow $10,000 and default on the loan after paying back $2,000. If the lender is unable to collect the remaining debt from you, there is a cancellation of debt of $8,000, which generally is taxable income to you.

More Info on The Cancellation of Debt and Taxes
This income isn’t always taxable. The most important part of the Mortgage Debt Relief Act of 2007 was how it applied to homeowners; if you have a qualified principal residence which went into foreclosure or where the debt was forgiven, you do not have to pay taxes on the forgiven debt.

Also, debts discharged through bankruptcy are not considered taxable income by the IRS. There are other ways your canceled debt may not be taxable, but let’s focus on the Mortgage Debt Relief Act of 2007 and how it applies to debtors and home owners.

How the Mortgage Forgiveness Debt Relief Act of 2007 Works
If you have debt reduced by mortgage restructuring or by foreclosure, you qualify for the relief. If on the other hand you are going into bankruptcy, your debts are not forgivable in most cases. That does not mean that you’ll lose your home, but mortgage debt isn’t part of Chapter 7 bankruptcy. If you are earnest in wanting to keep your home, Chapter 13 bankruptcy can buy you time to pay back the loan. If you on the other hand are considering foreclosure, you may consider the Mortgage Act of 2007 as a means of relieving debt.

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