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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.

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What a Credit Counseling Agency Does and How to Choose One – Alternatives to Bankruptcy

Wednesday, March 31st, 2010

Credit counseling agencies are for people who have problems paying debts. If you can’t pay bills on time, have outstanding credit card debt, and want advice on money management, credit counseling agencies can help and are in some cases an alternative to filing bankruptcy.

Credit counseling services include:
-Money management education for debtors
-Budget and debt counseling
-House counseling
-Referrals

The Debt Management Plan
A DMP  is where the credit counseling agency negotiates with your credit card companies and other creditors. Typically, the credit counseling agencies goal is to negotiate for lower interest rates and monthly payments to your creditors. You will make a large payment to the agency, and they’ll send separate payments to all your creditors.

The Price
While some credit counseling agencies come at no cost, some do charge a fee (usually small). Also, you should be weary of using a credit repair clinic, who sometimes trick individuals into their services. In essence, credit repair clinics only do what you could easily do for yourself. They offer to fix your credit with services available to everyone. It’s best to avoid any company offering to repair your credit for free; most are scams.

Choosing A Credit Counseling Agency
There are a variety of ways to make sure you get the right services for your situation. Just as you shouldn’t hire the first bankruptcy attorney you find, you should research credit counseling agencies and compare them. Here are some notes on what you should look for.

-They must me a registered nonprofit (accredited nonprofit)
-Are a member of the NFCC or AICCCA
-Employ certified, professional counselors
-Provide counseling and education
-Offer more than one debt management option
-Are upfront about all fees
-Have a clean business record
Let’s go over some of these in more detail.

Certified Counselors
Credit counselor should have not only completed a training program within the company, but also passed a certification exam; the certification exam tests for understanding in counseling, budgeting, credit and consumer law, debt management, and bankruptcy law. You want this exam for your counselors to be done by an outside, independent agency such as Financial Counseling and Planning Education.

Counseling and Education
You want to go over all the details on your current economic status in person, by phone, or on  the web. It usually takes about an hour and you’ll go over income, expenses, debt, why you’re in a tough situation, and your future goals. After this session, you should get a budget plan, a list of steps and to begin, and notes on your options.

Fees
You should never pay more than $50 to establish your work with the the credit counseling agency, and future monthly payments should never exceed $50. Also, the agency must be made aware if you cannot afford these fees, and should waive them.

When Filing Bankruptcy
In some cases, you might want to actually file bankruptcy, whether it’s Chapter 7 or Chapter 13 bankruptcy. Sometimes you simply cannot pay back all these fees. In any case, you have nothing to lose and a lot to gain when working with debt counseling agencies.

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Bankruptcy Decisions – When it Makes Sense to File for Chapter 7 or Chapter 13 Bankruptcy

Monday, March 29th, 2010

It’s often depressing to look at your finances, see you’re in debt over your head, and admit you have to file bankruptcy. While in many cases alternatives to bankruptcy do exist, whether it’s Chapter 7 or Chapter 13 personal bankruptcy, it’s often clear filing bankruptcy is your best option. Does that mean your house will go into foreclosure? How bad will it be?

In many cases, filing bankruptcy is a logical, if somewhat scary decision you make when you’re out of options. If you are financially in trouble when it comes to your home, job, health insurance, and credit card debt, filing bankruptcy is wise.

This needs to be said because many individuals and families struggle for far too long before they admit they need to file Chapter 7 or Chapter 13 bankruptcy. It’s almost considered giving up. By the time you do make the decision, you’ve lost a lot already and you’re worse than you would have been if you’d made the decision earlier. That goes against why bankruptcy was created–for helping individuals rebound from tough economic times, joblessness, and outstanding debts.

So when do you make the decision? Instead of blaming yourself, file early and take advantage of the law. “You can use Chapter 7, the most popular type, only once in eight years, so draw up a ‘no kidding’ plan for living on your income when you’re finally clear,” says Jane Bryant Quinn for Newsweek.

When to file Chapter 7 or Chapter 13 bankruptcy:
-When you still have assets to protect but you’re financially stuck
-Before you decide to pay back huge bills
-When tap IRAs and 401(k)s
-When you have outstanding medical bills (which can be canceled by bankruptcy)

Speaking of IRAs and 401Ks, you should never use these as an alternative to filing bankruptcy. After all, these are your future, and are meant to provide for you later, not now. These are mainly protected by bankruptcy, so ask your bankruptcy attorney about them.

Never wait for medical treatment–dental, eye, or otherwise–because you are out of money. These can be part of your Chapter 7 bankruptcy filing, or paid back in a reasonable amount of time with Chapter 13 bankruptcy.

Since you can use Chapter 7 bankruptcy once every 8 years, it’s a clear alternative to tapping into funds your future depends on.

So how do you make the decision between Chapter 7 and Chapter 13 bankruptcy? With new bankruptcy laws, Chapter 7 bankruptcy is off the table for many. Now, people are being told to file for Chapter 13 bankruptcy. In short, Chapter 7 bankruptcy clears the majority of your debt, from mortgages, to medical bills, to credit cards. There are some nonexempt items which you may lose here.

Chapter 13 bankruptcy is less about canceling debt and  more about creating a longer time frame for repayment. If you make too much money, you may be forced to file Chapter 13 bankruptcy instead of Chapter 7.

Choosing between the two calls for 1) research and 2) professional counsel. Hiring a professional bankruptcy attorney ensures your financial future will be safe.

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Student Loan Debt Help – From Types of Loans to Attorneys

Wednesday, March 24th, 2010

Student loan debts vary in terms of repayment plans. For the purposes of this article, we’ll discuss the more common federal student loans, how you can handle repayment, and what happens if you cannot pay or file for bankruptcy.

Kinds of Federal Loans
The two kinds of federal loans are FFEL(Federal Family Education Loans) and Federal Direct Loans. FFEL loans are made by private lenders and guaranteed by the government. In this case, if you default or file bankruptcy, the lender is reimbursed by the government. “Federal Direct Loans” pretty much speak itself: they are direct loans from the U.S. government.

Other Loans
There are also school federal loans, where the school issues a federal student loan. Repayment plans depend on the school. Lastly, there are private loans, which are made with federal funds and come with the least options for repayment. You typically need to discuss with the lender repayment options, along with what happens if you default or file bankruptcy.

If You Think You’ll Default on the Debts
If you do default, it’s best to find out in advance. For repayment plans, you don’t want to wait until you’re far behind on payments, as many of the following options will not be available to you. Also, you are not locked into any plan, typically being able to switch your plan once a year.

Repayment Plan Forms
Standard repayment plans are offered by your lender, where you make payments for up to 10 years. You pay less interest here, but your monthly payments are higher.

Graduated repayment plans are common too, mainly because you can start small (when you’re in school) and start paying more over time (as you get work).

An extended repayment plan allows you to pay smaller amounts for up to 25 years. You need to have a balance of more than $30,000.

Last, income-based repayment plans are unique in that, as it sounds, you can pay based on how much money you are making. If you had a job but lost it, the income would go down, and therefore the monthly payments would go down.

Default and Bankruptcy
If you think you’ll fall behind in payments and might default, it’s best to act early. If you fall far behind, the government can take money from your income tax return, garnish your wages, or even take back federal benefits (if you’re on social security, for example).

The best move is to hire professional counsel if you fall far behind and cannot catch up. In most cases, you cannot file Chapter 7 bankruptcy and get your student loans discharged. This is where a professional bankruptcy attorney can help you.

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Benefits of Chapter 7 Bankruptcy in Las Vegas

Wednesday, March 17th, 2010

Chapter 7 bankruptcy, a liquidation proceeding designed to give you a fresh start, can help Las Vegas residents in a number of ways. Typically with Las Vegas bankruptcy, you’re choosing between Chapter 7 bankruptcy and Chapter 13 bankruptcy. You may have fallen behind on mortgage payments and risk foreclosure. You may have lost your job and benefits, and have big bills coming in you simply cannot afford on unemployment. Or you may have just made a mistake in your finances.

The answer to Las Vegas residents interested in a second chance is using Chapter 7 bankruptcy to help.

How can you save your home from foreclosure or cancel certain debts? Chapter 7 bankruptcy is a legal way to 1) buy yourself time and 2) save your residence. Let’s go over these in detail.

Save Money with Chapter 7 bankruptcy in Las Vegas
Quite often you can live in your home for free after filing Chapter 7 bankruptcy. It may be only a few months, but often that’s all you need to find  some other residence. Also, you can technically cancel some of your mortgage debt, including the mortgage, 2nd mortgage, and even third mortgage. You can also cancel home equity loans.

There are many other ways to save money. You can negotiate with debtors if you plan to file bankruptcy. They might be willing to lower bills. In some cases, you might actually be able to handle your financial problems without losing nonexempt assets. Also, you may consider filing for Chapter 13 bankruptcy, as that’s the best way to save your home from foreclosure.

The bad news is, because of certain documentation filed with each home purchase, Chapter 7 bankruptcy does not save your home from foreclosure. If you file Chapter 7 bankruptcy in Las Vegas, your home is in danger. If you file Chapter 13 bankruptcy in Las Vegas, you have better odds of saving your home and canceling debts, but that costs more.

Eligibility Problems
Chapter 7 bankruptcy has changed in recent years, as many are no longer able to file it. Many are now filing Chapter 13 bankruptcy, which in essence gives you several months to save home and other property. Check with professional Chapter 7 bankruptcy lawyers to see if you’re eligible.

Major Advantages of Chapter 7 Bankruptcy in Las Vegas
We’ve noted some advantages and disadvantages of Chapter 7 bankruptcy, and pointed out problems with being eligible. It’s still clear Chapter 7 bankruptcy is the most promising route if you simply cannot catch up with bills. It takes a matter of months and you can cancel most of your debts. If you’re low income and your assets are of low value, you can expect to keep most of your possessions and be free of many debts.

The best news, however, may that by hiring a Las Vegas professional bankruptcy you can stop most if not all creditor harassment.

Chapter 7 bankruptcy, a liquidation proceeding designed to give you a fresh start, can help Las Vegas residents in a number of ways. Typically with Las Vegas bankruptcy, you’re choosing between Chapter 7 bankruptcy and Chapter 13 bankruptcy. You may have fallen behind on mortgage payments and risk foreclosure. You may have lost your job and benefits, and have big bills coming in you simply cannot afford on unemployment. Or you may have just made a mistake in your finances.

The answer to Las Vegas residents interested in a second chance is using Chapter 7 bankruptcy to help.

How can you save your home from foreclosure or cancel certain debts? Chapter 7 bankruptcy is a legal way to 1) buy yourself time and 2) save your residence. Let’s go over these in detail.

Save Money with Chapter 7 bankruptcy in Las Vegas

Quite often you can live in your home for free after filing Chapter 7 bankruptcy. It may be only a few months, but often that’s all you need to find some other residence. Also, you can technically cancel some of your mortgage debt, including the mortgage, 2nd mortgage, and even third mortgage. You can also cancel home equity loans.

There are many other ways to save money. You can negotiate with debtors if you plan to file bankruptcy. They might be willing to lower bills. In some cases, you might actually be able to handle your financial problems without losing nonexempt assets. Also, you may consider filing for Chapter 13 bankruptcy, as that’s the best way to save your home from foreclosure.

The bad news is, because of certain documentation filed with each home purchase, Chapter 7 bankruptcy does not save your home from foreclosure. If you file Chapter 7 bankruptcy in Las Vegas, your home is in danger. If you file Chapter 13 bankruptcy in Las Vegas, you have better odds of saving your home and canceling debts, but that costs more.

Eligibility Problems

Chapter 7 bankruptcy has changed in recent years, as many are no longer able to file it. Many are now filing Chapter 13 bankruptcy, which in essence gives you several months to save home and other property. Check with professional Chapter 7 bankruptcy lawyers to see if you’re eligible.

Major Advantages of Chapter 7 Bankruptcy in Las Vegas

We’ve noted some advantages and disadvantages of Chapter 7 bankruptcy, and pointed out problems with being eligible. It’s still clear Chapter 7 bankruptcy is the most promising route if you simply cannot catch up with bills. It takes a matter of months and you can cancel most of your debts. If you’re low income and your assets are of low value, you can expect to keep most of your possessions and be free of many debts.

The best news, however, may that by hiring a Las Vegas professional bankruptcy you can stop most creditor harassment.

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How to File Chapter 13 Bankruptcy in San Diego

Thursday, March 11th, 2010

The news is bad. You might lose your home through foreclosure, or you lost your job, or a loved one was in the hospital and the bills are piling up.

It doesn’t always work out that way, as each person’s reasons for filing any kind of bankruptcy are rarely the same. There are ways to 1) buy yourself some added time to pay back bills and 2) save your home from foreclosure. It’s file for Chapter 7 in San Diego, right?

That’s a decision this guide is going to help you make, along with how to file for Chapter 13 bankruptcy. If at the end of this post you think Chapter 7 bankruptcy is your only option, it’s time to call a professional bankruptcy attorney in San Diego. If you feel Chapter 13 bankruptcy is best, hiring professional bankruptcy lawyers is just as important.

Choosing Between Chapter 7 and Chapter 13 Bankruptcy in San Diego
This blog goes over these topics a lot, but all you need to know is where you’re at financially. If you face foreclosure of your home and want to keep it, filing for Chapter 13 bankruptcy in San Diego buys you years to pay back debts in installments and keep your home. If you feel you need to be rid of all your debts immediately, that 3-5 years just isn’t enough, filing for Chapter 7 bankruptcy in San Diego may be the best choice.

How  to File for Chapter 13 Bankruptcy
You file a petition with the bankruptcy court in the San Diego area where you reside.

You must file, according to the US Courts: “a schedule of assets and liabilities;  schedule of current income and expenditures;  a schedule of executory contracts and unexpired leases; and a statement of financial affairs.

There is more to it than that, because after you must also file a certificate of credit counseling and a copy of a debt repayment plan you created through credit counseling. That means you need to show the court proof you’re actively working on creating a feasible budget to pay back assets, as no debts are being eliminated.

Next, you need to show evidence of payment from employers if you have any, within 60 days before filing. The last three steps are to show a statement of monthly net income,  note any expected increase in income, and any records you have in Federal or California (or your state) education accounts.

The Next Steps in Filing for Bankruptcy
There are more steps. The problem with filing Chapter 13 bankruptcy by yourself becomes clear here. It can be done and has been done, but hiring professional bankruptcy attorneys in San Diego can save you from making mistakes in documentation and at the hearing.

So you need to follow these steps too.
-Create a list of credits, debt amounts, and nature of their claims
-The source, amount, and frequency of your income
-A list of all your property, such as homes and vehicles
-A detailed list of all your monthly living expenses, from food to rent

Hire Professional Bankruptcy Attorneys in San Diego
Filing Chapter 13 bankruptcy is now more common than ever, though still most debtors try to file Chapter 7 bankruptcy, a liquidation. How to choose between types of bankruptcy, how to file all documentation, and how to handle creditors are all complex tasks. With the right bankruptcy lawyer in the San Diego area, you can focus on the future instead of the past.

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6 Things You Need to Know About Chapter 7 Bankruptcy Discharge

Monday, March 8th, 2010

You get a fresh start with bankruptcy, but as with most court cases, there’s fine print you must know.

Chapter 7 bankruptcy is essentially a fresh start financially. Typically, most debts are discharged, you’re given a chance to get back on your feet, and you won’t be harassed by creditors.

However, there is the “fine print” part to a Chapter 7 bankruptcy hearing. This article highlights 6 things you need to know about Chapter 7 bankruptcy discharge. Professional counsel, a bankruptcy attorney in your area, can help with more than documentation and filing: they can also explain all the fine print in simple language.

1-What Discharge Means for Liability and Creditors
A Chapter 7 bankruptcy discharge releases you the debtor from liability for most of your debts, while also stopping collections against you by creditors. If you owe a creditor a large amount of money, they may still get some money, but only via the trustee selling nonexempt assets you have. They will have no basis for collecting past debts.

2-What Debts are Discharged
Typically, you need to talk with professional bankruptcy attorneys to help you with this part of Chapter 7 discharge. You can expect the majority of your debts to be discharged, but some of your assets may be too valuable and could be sold. For instance, if you live alone in your home valued well over $100,000, you lose it. There are ways around that, especially if you work with professional bankruptcy attorneys.

3-How Fast the Discharge Occurs
You can expect a fast discharge in most cases unless a party of interest–someone you owe money–objects to the discharge. This process is usually 60-90 days after filing Chapter 7 bankruptcy and meeting with the court.

4-Grounds for Rejection of Chapter 7 Bankruptcy
You can be rejected for discharge in Chapter 7 bankruptcy via a variety of means, depending on your particular situation. If you, for instance, failed to keep adequate financial records, couldn’t explain your loss of assets, or committed perjury, you can be denied discharge.

5-Secured Creditors
Secured creditors may still have the right to seize property in some cases. This is where counsel is most important. It gets complicated, but if you bought a car and made an outside agreement that you wanted to keep it, you could make payments on the debt. The creditor would have the right to repossess the car if you failed to make payments, even with the discharge.

6-What Debts Aren’t Discharged
You can’t be discharged of all outstanding debts. This includes alimony, child support, some taxes, debts for education or loans, debts for death or personal injury causes by by your motor vehicle, debts for injury to another person, and others.

As you can see, there’s a lot more that goes on in and out of the courtroom when it comes to certain laws involving Chapter 7 bankruptcy discharge. The best thing you can do is hire a professional Chapter 7 bankruptcy attorney in your state who can clear up all the fine print, protect you from failing to meet requirements, and help you get a fresh start.

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Basic Rules on Exempt and Nonexempt Property When Filing Bankruptcy in New York

Thursday, March 4th, 2010

If you’re filing Chapter 7 or Chapter 13 bankruptcy in New York or any state in the US, there are some basic rules of law and thumb you should follow. After all, your financial future is at stake. If you make mistakes, the process can drag on, fees will go up, and property will be lost. It’s not meant to scare you, but everything from documentation to planning need to be good.

Your best bet is professional counsel, bankruptcy attorneys specializing in Chapter 7 and Chapter 13 cases in New York.

So why include Chapter 13? Technically, you may not lose any property. Chapter 13 bankruptcy in New York buys you time to pay back debts over 3-5 years in monthly installments. However, if you fail to pay, you may lose property.

Chapter 7 bankruptcy is the most common bankruptcy form used. Let’s go over the basics of what Chapter 7 bankruptcy is in New York, and then go over exempt and nonexempt property.

What is Chapter 7 Bankruptcy?

It’s a liquidation proceeding. You are discharging debts, giving property to a trustee, and paying back what you can. It’s a fresh start for you economically. So why a trustee? Technically, your creditors still have rights to some of your property. Your property can be used to pay them back in some cases. The good news is you have the option of buying back property from the trustee after you lose it.

Exempt Property in Chapter 7 Bankruptcy

There are many exemptions which work to your benefit, namely big items like homes and cars. What’s exempt depends on the price of your items. The more it’s worth, the more chance you may lose it after filing Chapter 7 bankruptcy in New York. If, for example, you are single and own a home valued over $100,000, that property is not exempt. Most states in the US draw the line around $100,000 for both families and individuals, sometimes even if your retired or disabled. If you are retired or disabled, you have a better chance of keeping valuable property.

One benefit of hiring bankruptcy attorneys in New York is the expertise you receive for the process. For example, tax refunds and earned income credits are not exempt. However, the time at which you file for Chapter 7 bankruptcy comes into effect here–you may be able to keep these if you file later.

There are other ways to save money on nonexempt property. If you have nonexempt property, you can actually sell it for items which are exempt, such as food, furniture, or clothing.

That isn’t to say you should buy an expensive couch or diamond rings, but if you’re frugal in spreading your money out you can save some of your money.

Other Rules on Exempt Property for Chapter 7 Bankruptcy

There are other rules when filing for bankruptcy you should be aware of before making big decisions. While hiring professional bankruptcy attorneys in New York is a must, be clear on what you expect and what the attorney wants in terms of fees.

You should also not try hiding money. If you give valuable property to family members of friends within 1 year of filing, you might end up losing this in bankruptcy court and being charged with a crime.

When It’s Time to File for Chapter 7 Bankruptcy in New York

Filing bankruptcy is a big decision, so don’t make all your choices alone. Hire professional bankruptcy attorneys who can walk you through documentation, exemptions, filing, and beyond.

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Exempt Property You Can Keep After Filing Bankruptcy in California

Tuesday, March 2nd, 2010

Did you know California has two different systems of exemption, and that you have to claim one of them? Did you know you can keep property sometimes valued over $100,000 after filing for bankruptcy?

Filing Chapter 7 or Chapter 13 bankruptcy should be helpful instead of stressful. Hiring bankruptcy attorneys in California is one of the first choices you need to make. You can keep the items you’ve spent your life with.

If you need to file Chapter 7 or Chapter 13 bankruptcy, this article highlights important notes on the laws of exemptions. But first let’s go over the advantages of filing bankruptcy in the state of California.

Chapter 7 Bankruptcy Advantages

You get a fresh start with this liquidation proceeding. Your debts are in essence canceled, though your bank trustee will able to sell certain non-exempt property. It costs $299 to file for Chapter 7 bankrupty in California. You should also hire experienced bankruptcy attorneys with your best interests in mind.

Chapter 13 Bankruptcy Advantages

More bankruptcy filings are now turned from Chapter 7 to Chapter 13 bankruptcy because of new laws and regulations by the government. Bankruptcy attorneys can make sure you get the filing you want, because there are some key differences between Chapter 7 and Chapter 13. Namely, you’re buying yourself time with Chapter 13 bankruptcy in California: you’re getting 3-5 years to pay back debts. No debt is discharged, but technically you can keep your property and pay back debtors in monthly installments.

What’s Exempt Property?

Exempt property is property which cannot be taken away after you file bankruptcy. Different states have different laws for exemptions and the value of what you can keep.

Nonexempt property, on the other hand, must be turned over to the trustee in Chapter 7 bankruptcy who then will sell the property to pay back debtors. In Chapter 13, you can avoid losing properties, but you cannot have debts eliminated completely. This means debtors still have the right to take back nonexempt property if you fail to pay.

What Property Can I Keep After Filing Bankruptcy?

First, by filing Chapter 7 or Chapter 13 you are in danger of losing certain property. The good news is, if you fail to pay back certain debts, you can make an arrangement with the trustee to buy it back. If you lost your job, are unable to pay back a car loan, and lose the car, usually you can agree to buy it back from the trustee when you get more money or a new job.

In Chapter 13 bankruptcy, you can technically keep all your property. However, failing to pay back debtors means you can lose nonexempt possessions.

For example, according to California law, property you occupy as a single person can be valued at $50,000 or lower and be exempt. If you have a family, the number is $75,000. If you are 65 or older, physically disabled, or mentally disabled, the number is $100,000.

There are many other exempt items which can truly make filing bankruptcy less stressful. It’s wise to go over what you own and what you owe with bankruptcy attorneys who have experience in handling cases like yours.

Exempt Property You Can Keep After Filing Bankruptcy in California

Did you know California has two different systems of exemption, and that you have to claim one of them? Did you know you can keep property sometimes valued over $100,000 after filing for bankruptcy?

Filing Chapter 7 or Chapter 13 bankruptcy should be helpful instead of stressful. Hiring bankruptcy attorneys in California is one of the first choices you need to make. You can keep the items you’ve spent your life with.

If you need to file Chapter 7 or Chapter 13 bankruptcy, this article highlights important notes on the laws of exemptions. But first let’s go over the advantages of filing bankruptcy in the state of California.

Chapter 7 Bankruptcy Advantages

You get a fresh start with this liquidation proceeding. Your debts are in essence canceled, though your bank trustee will able to sell certain non-exempt property. It costs only $200 to file for Chapter 7 bankrupty in California. You should also hire experienced bankruptcy attorneys with your best interests in mind.

Chapter 13 Bankruptcy Advantages

More bankruptcy filings are now turned from Chapter 7 to Chapter 13 bankruptcy because of new laws and regulations by the government. Bankruptcy attorneys can make sure you get the filing you want, because there are some key differences between Chapter 7 and Chapter 13. Namely, you’re buying yourself time with Chapter 13 bankruptcy in California: you’re getting 3-5 years to pay back debts. No debt is discharged, but technically you can keep your property and pay back debtors in monthly installments.

What’s Exempt Property?

Exempt property is property which cannot be taken away after you file bankruptcy. Different states have different laws for exemptions and the value of what you can keep.

Nonexempt property, on the other hand, must be turned over to the trustee in Chapter 7 bankruptcy who then will sell the property to pay back debtors. In Chapter 13, you can avoid losing properties, but you cannot have debts eliminated completely. This means debtors still have the right to take back nonexempt property if you fail to pay.

What Property Can I Keep After Filing Bankruptcy?

First, by filing Chapter 7 or Chapter 13 you are in danger of losing certain property. The good news is, if you fail to pay back certain debts, you can make an arrangement with the trustee to buy it back. If you lost your job, are unable to pay back a car loan, and lose the car, usually you can agree to buy it back from the trustee when you get more money or a new job.

In Chapter 13 bankruptcy, you can technically keep all your property. However, failing to pay back debtors means you can lose nonexempt possessions.

For example, according to California law, property you occupy as a single person can be valued at $50,000 or lower and be exempt. If you have a family, the number is $75,000. If you are 65 or older, physically disabled, or mentally disabled, the number is $100,000.

There are many other exempt items which can truly make filing bankruptcy less stressful. It’s wise to go over what you own and what you owe with bankruptcy attorneys who have experience in handling cases like yours.

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How Much Does Bankruptcy Cost in New York?

Saturday, February 27th, 2010

Both Chapter 7 and Chapter 13 bankruptcy are rights you have under federal law to gain relief from creditors. It’s a legal proceeding which can give you a fresh start. But both Chapter 7 and Chapter 13 bankruptcy have advantages and disadvantages, namely what they can help with and the time it will take.

There is also a common question, how much does filing bankruptcy cost? Filing Chapter 7 bankruptcy or Chapter 13 bankruptcy in New York is different as most states have different laws on things like exemptions. What is the same is the filing price.

Chapter 7 bankruptcy in New York costs around $299 to file with the court. The fees for Chapter 13 bankruptcy in New York are about $274 for filing with the court. Those expenses may seem small, especially if you know the benefits of Chapter 7 and Chapter 13 bankruptcy in New York.

So what can bankruptcy do for you?

-Eliminate most debts
-Stop foreclosure of a home
-Stop the “Repo” men from getting your car or other property
-Stop wage garnishments
-Stop creditor harassment
-Keep your utilities going
-Get your drivers license back in many cases

Bankruptcy is a good alternative to losing all your possessions, but with the new laws making it harder to file in certain cases, hiring professional bankruptcy attorneys can save you a lot of time and money. It isn’t always a good choice to file bankruptcy. Also, Chapter 7 and Chapter 13 bankruptcy have limitations in what they can do.

Bankruptcy Can’t:
-Eliminate certain rights of creditors
-Erase debts you gained after bankruptcy
-Discharge child support, alimony, some divorce related debts, most student loans, taxes, and others

The above info is important. Your creditors will still have rights. In terms of costs, neither Chapter 7 nor Chapter 13 bankruptcy filings are incredibly expensive. The real problem is choosing between Chapter 7 and Chapter 13 bankruptcy, and the best way to do that is with professional counsel. While filing costs little, hiring a bankruptcy attorney typically costs more. The rates are different, but a few things are clear.

Some bankruptcy attorneys in New York and elsewhere will charge you just for the initial consultation. This makes it important to ask questions before even the first consultation. Also, all bankruptcy attorneys are required by law to show you and the the courts how much they are charging you.

One of the key advantages in filing bankruptcy is making certain property exempt. New York law, for example, allows protection of your home, car, and other properties to a certain extent. But this is where it can be complicated and where the right attorney can help.

Filing Chapter 7 or Chapter 13 bankruptcy in New York may not be free, but it’s more than worth it if you have outstanding debts you simply cannot pay back. Instead of waiting for the creditors, call an attorney with the experience to help you.

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