The Finance Factor

You can file for bankruptcy protection under the bankruptcy laws, if you are finding it difficult to repay your creditors. Bankruptcy protection involves having most of your debt canceled with the inclusion of selling off some of your assets. The other option could be to have an organized plan to pay off the debts. If you are in business, a bankruptcy protection can be a source of debt relief from debts and contracts, should the business continue operating. You could also choose to sell the business’ assets and use the money to pay off debtors.

There are two forms of bankruptcy regularly used by individuals. There is Chapter 7 and Chapter 13. A chapter, in this case, refers to the chapter of the bankruptcy code that explains each one of them. Another reference of Chapter 7 would be liquidation or straight bankruptcy where your assets are controlled by an appointed trustee. The trustee has the authority to sell off your assets and use the money to pay off creditors. However, different states have different laws and in some states, you are allowed to keep some personal property.

Continue reading ‘Bankruptcy Protection’ »

Deciding to voluntarily file for Chapter 7 Bankruptcy is a tough decision to make for most people. After all, filing Chapter 7 essentially is your way to invite your creditors to liquidate all of your assets and distribute the proceeds amongst themselves to repay your debt. (Note: a Bankruptcy Trustee is the one charged with the liquidation task, but ultimately, the Trustee works on behalf of your creditors).

Knowing how emotionally difficult such a decision is, you should not have to stress over the multitude of forms that need to be completed. As evidenced by the extensive list of forms published the US Courts website, filing for bankruptcy can be a complicated matter. So complicated, in fact, that it has created opportunities for people to actually charge for their service of helping you through the complicated paperwork.

In most cases, people will seek the advice and assistance of a bankruptcy trustee or other specialist. However, there are many bankruptcy attorneys who will also help (for a nice fee, of course). Continue reading ‘Navigating the Chapter 7 Process Requires Help’ »

Bankruptcy is a very bad situation to be in, for any individual or an organization. But even in the tough times, there are ways out to tackle such situations. Bankruptcy Chapter 13 code which helps individuals only, to come out of financial crisis under the guidance of a federal bankruptcy court. A debtor with a regular income can restructure his financial position with the help of Bankruptcy Chapter 13 code. In this the debtor has to propose a plan with the help of which he or she can repay all his outstanding debts in 3 to 5 years of time period. And five years is the maximum time period of the repayment plan.

In reality the Bankruptcy Chapter 13 code has many added advantages over the chapter 7 bankruptcy code. Unlike the chapter 7 bankruptcy code, in the Bankruptcy Chapter 13, the individual can atleast save his house and other assets from foreclosure. All the proceedings will come to halt after he files for Chapter 13 and also get a period of 3-5 years to pay back his debt to the creditors. The Bankruptcy Chapter 13 code allows an individual to reallocate secured debts. It can over a period of time, lower the payments which he has to make. Finally the debtor will not have any connection or contact with the creditors while he or she has filed the chapter 13 bankruptcy code. Continue reading ‘Bankruptcy Chapter 13’ »

A bankruptcy filing should only be considered as a last resort measure. If you have exhausted all other possibilities, your minimum payments are no longer within your means and you are already defaulted in a few payments or if you have lost your income you are no longer able to repay your debts, then it is time to consider talking to a bankruptcy attorney and have the bankruptcy chapters explained. Any attorney that specializes in bankruptcy law will be able to offer you a free consultation to have all your bankruptcy questions answered and explain the process in detail and let you know what is it that you can expect and whether this is a viable option for you or not.

There are basically two types of bankruptcy for an individual:

Chapter 7 Bankruptcy

A Chapter 7 is when an individual can not repay his or her debts and asks a federal court to grant them a Chapter 7 discharge. Under a Chapter 7, all of your unsecured debt will be wiped clean while your secured debt can be dealt with by liquidating some of your assets. For example, if you have a debt from a Best Buy card, that is secured debt and you may be asked to return the TV or whatever other appliance you bought with it. While this is not common practice, it can happen. Sometimes the creditor will offer you to settle for pennies on the dollar and let’s say that you owe $1000 on that secured debt card, probably the merchant will offer you to settle for $250. Otherwise, this debt gets wiped with all other debts. Continue reading ‘Bankruptcy Chapters Explained – Bankruptcy Information and Other Common Questions’ »

We have all seen the ads on TV of companies promising a better life without credit card debt and without having to deal with constant harassing from creditors at all hours of the day. Companies promising that if you have $10,000 in credit card debt, they can help you eliminate up to 60 per cent of that debt in a matter of years. They also induce fear by telling you that if you file for bankruptcy your life and credit will be ruined forever. All of this conflicting information leaves wondering “is bankruptcy a better option than debt settlement or vice versa?”.

Let me put this as plain and simple as possible. No matter how you look at it, a credit card settlement and a bankruptcy they both are going to do some damage to your credit report. It is naive to expect to keep your credit score intact after not repaying your debt in full. The main difference is that debt settlement has been glorified lately by TV commercials and it is being portrayed as the responsible and smart thing to do. That is a lie!

There is nothing smart or responsible about hiring these companies. If you are facing desperate times and your finances are in ruins, it is best to seek the protection afforded by law and seek a bankruptcy discharge. That way you are fully protected from lawsuits, wage garnishments and other legal action from all of your creditors. Your debts will be wiped clean and you will be granted a clean slate and a fresh start. Continue reading ‘Is Bankruptcy a Better Option Than Debt Settlement? – Find the Truth and Avoid Nasty Surprises’ »

When filing for bankruptcy there are some things you need to avoid doing. You can make your situation worse by doing certain things and that’s the last thing you want to do when your in this situation.

Borrowing From Relatives – I cannot stress this enough. Don’t do it! It may be very tempting but you will regret it in the long run. What got you into trouble in the first place? Borrowing! You can’t borrow your way out of debt so borrowing from a family member is basically just like borrowing from a creditor. Now if you are fortunate enough to have a family member that has more money than they know what to do with, you may be able to make an exception to this rule. Home Continue reading ‘3 Common Bankruptcy Mistakes That Everybody Needs to Avoid!’ »

Everybody has financial problems at some time. Occasionally life slaps you down from numerous directions at times that couldn’t be any more untimely, and you require help as soon as possible. Combine these knocks with the dismal times that we’re presently encountering in this American economy, and it can be a frightening time to struggle to make ends meet. The principal factor to deal with when you’re confronting grave financial distress is to take the whole thing into account before you do anything hasty, since in the majority of cases a firm measure of will power and discipline could get you through the tempest. However, there comes a stage when bankruptcy develops into the only practicable alternative, and it’s at this moment that you have to be certain that you have all your bases covered.

There are numerous gauges to be watchful for that might warn you that you are on the path to bankruptcy. Following are some subjects to examine and evaluate with your present financial circumstances. If you see yourself accurately illustrated by a number of these issues, then it might be the time to meet with a bankruptcy attorney and work out what your subsequent steps ought to be. Continue reading ‘Should I File Bankruptcy? When to File Bankruptcy’ »

The American economy has been largely built on a consumer population addicted to and reliant upon credit. Big ticket items like cars, appliances, furniture, and homes have been purchased on borrowed money for decades and it has gradually become the norm to overspend and to utilize the once sacrosanct credit cards for day to day purchases. This has spiraled outward for many people into an overall attitude toward and handling of money that has left them scrambling or unable to make ends meet. When financial obligations are greater than you can afford, it may be time to consider filing for bankruptcy protection under the chapter of the Bankruptcy Code suited to your debt and asset situation.

Making the decision to enter bankruptcy is difficult, primarily because there is a longstanding social disapproval of the practice. But as more individuals and businesses find themselves struggling to cope with unemployment, stagnant wages, and rising interest rates on mortgages, credit cards, and other financial instruments it is becoming an unspoken and necessary step for many. The matter is further complicated by intentional disinformation put forth by debt collectors and other entities and the presence of countless finance gurus and laypersons who offer their opinions unsolicited and sometimes with serious misunderstandings about the subject at hand. Continue reading ‘Common Misconceptions About Bankruptcy’ »

It seems with this financial crisis everyone is getting a bailout. The banks, wall street, car manufactures, even the postal service needs help, how about the average guy? Explore why bankruptcy is one form of a bailout for the average person.

Why Bankruptcy?

The bottom line in today’s financial system for a person who is deep in debt without hope is bankruptcy. The number 1 thing that holds people back from dealing with this issue is fear, lack of understanding. It’s true, this is not a pleasant subject to talk about, but faced with legal ramifications due to debt problems it’s an option you must consider. Continue reading ‘Bankruptcy – The Average Person’s Bailout Program’ »

Bankruptcy is the final solution to dealing with your financial issues – it is the measure of last resort and should never be undertaken lightly nor without professional advice and assistance. In a nutshell, bankruptcy is where all your assets are liquidated and sold with the proceeds being distributed to your creditors; after a period of supervision, which is 12 months in the UK, you are now free and clear to restart your life without the burden of your debts.

The devil is in the detail – “all of your assets are liquidated and sold”, and this includes your home, your business if you are self-employed, your vehicles and your investments as well as any savings if you have them.

The most common factor is of course, losing your home and having to move your family to usually, rented accommodation.

You can be made bankrupt in two different ways – voluntary bankruptcy is where you file your own petition with the court to have you declared bankrupt and involuntary bankruptcy, which is where a creditor who you owe more than £750 files to have you declared bankrupt. Continue reading ‘Guide to Bankruptcy’ »