Bankruptcy Articles

I don’t know a thing about you but I’ll bet that you may want to know more about bankruptcy. So, what is bankruptcy? To start you off, let me tell you that bankruptcy is a formal proceeding that allows an individual or business to get their financial debts under control. It is a way to help debtors as well as creditors. However, let me tell you that it is not an easy way but it helps you get your finances back on track.

There are many types of bankruptcies that can be filed but the type of bankruptcy you file on will have to depend on your situation. Basically, Chapter 9 bankruptcy is the type of bankruptcy that is reserved for municipalities.

Basics of Chapter 9 Bankruptcy

What does chapter 9 bankruptcy do? Well, it is to help municipalities who reach financial trouble. This happens because budgets are not controlled. So how does Chapter 9 bankruptcy help? It helps municipalities by giving them a way out so that they are not a loss.

This is a protection of the public as much as a protection for the creditors. If a municipality goes under the people living there are going to suffer as well. Chapter 9 seeks to keep everyone from disaster.

Is Chapter 9 the Right Choice?

As we all know, if a municipality is in trouble, the town will be in trouble too. This kind of problem not only affects the people running the town but it will also affect the people living there. Therefore, one has to be responsible

Chapter 9 allows a municipality to come back from trouble and rebuild with minimal effect on the people. It allows for debts to be repaid according to a court set repayment plan.

By filing Chapter 9 a municipality can avoid an uncertain future and possible collapse of the town.

Reasons to File Bankruptcy

If you are a municipality, you are expected to keep the budget under control. However, at times, this may seem impossible and you may have gone too far out. The only way to get your finances back into order is to file for bankruptcy.

By filing for Chapter 9, it allows the municipality to be responsible and pay the debts to protect the town. It is a win- win situation as it protects the citizens and the creditors will get their money back too.

So, there you have it. All you need to know about Chapter 9 bankruptcy. But, there is one thing you should know; filing for bankruptcy should be the last resort.

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For anyone that has financial difficulties, one option is to file for bankruptcy. You should never enter into this lightly, but if you do decide that this is the best option then learn as much as you can beforehand. This article will cover the two options open to someone filing for personal bankruptcy. These are chapter 7 and chapter 13 bankruptcy. It will compare chapter 7 versus chapter 13 bankruptcy.

Chapter 7 bankruptcy is the option that most people go for. It is a way to get a fresh start and effectively draw a line under your existing debts. It is sometimes referred to as a liquidation bankruptcy because all your assets are sold by the courts and the money made is handed out to your creditors.

A liquidation bankruptcy may seem like a desperate option but the courts ensure that you will not be made destitute. Certain assets are exempt from bankruptcy. These items are the things you need to continue to be a productive member of the community. So your home and car are often exempt. However the interpretations of the law vary for each state so the criteria for exemption may vary.

Having said this, chapter 7 bankruptcy has come under heavy scrutiny of late because of the rise in bankruptcies and the widespread abuse of the law. In October 2005, the law was changed to make it stricter.

Since the changes, people have needed to be means tested to be eligible to file for chapter 7. For instance, they must have a personal income that is below the median income of the state in which they reside. Also the total assets of the person cannot be more than 25% of the outstanding debt.

The laws still have some flexibility in them to make allowances for people that have had particularly bad luck or been the victim of freakish events. An example of this was the people that suffered after Hurricane Katrina hit. Many had flooded homes and lost most of their assets. They were allowed to file chapter 7 if they wanted to.

Chapter 13 is a little different. You are not liquidating your assets but asking the court to restructure the way you pay off your debts. You will still pay off the debts but you may be given more time to meet this commitment. You may also get relief from creditors calling you. The end result is that you pay off the debts but keep your personal belongings.

In this form of bankruptcy you do not lose your assets but still have to pay off all your debts. The aim of taking the process to court to get relief from creditors and to make the payment schedule more equitable for you and the creditors.

Chapter 13 has also changed since the revision of the bankruptcy laws. Before the changes the court appointed trustee would work out the payment schedule. Now it is derived by a formula created by the IRS.

In short, chapter 7 liquidates your assets but clears you debts. Chapter 13 renegotiates the way you pay off your debts but you will not lose any of your assets and will stop receiving calls from creditors. Both have there place depending on your circumstances and whether you are eligible.

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Most student loans that are given by governments and cannot be easily paid back may not always be paid off even if an individual files bankruptcy student loans. The only option open to such a defaulting student is proving considerable financial hardship, which is often quite difficult to prove. If you still want to file bankruptcy student loans, you need to prove that you are unable to pay off your student loan either according to repayment schedule, or in the coming years. Under these dire circumstances, you need to make what is called “good faith effort,” which means you will not lie to creditors regarding your financial situation, and that in spite of your best efforts, you still do not have enough funds to pay off your student loan.

Depends On The Judge

Getting your bankruptcy student loans to be written off through such means basically depends on how the bankruptcy judge views your case. If you are lucky, then you may get a judgment that will pave the way for financial discharges either entirely or in part. Even if you are discharged, you still need to wait until the judgment before you try to get a new loan.

Most student loans are quite flexible and come with a number of options and this may be the reason why students take loans indiscreetly and then realize that they do not have the funds to pay back the loans. Since one of the options open to such students is bankruptcy student loans, it requires that they learn about what such a course of action means for them and they should realize that it is not possible to discharge federal loans through bankruptcy.

And, following some changes in the laws pertaining to bankruptcy student loans that came into effect in October 1994, it is now almost futile in choosing bankruptcy student loans as a way out under such circumstances.

Applying for New Loans

According to some estimates, it is believed that only ten percent of a borrowers pay can be used to pay off his or her student loan. This means that you should also discuss with the person or company that lent you the money to come up with a way to help you out of your predicament. It is common to state certain reasons when filing bankruptcy student loans such as the school or institution being closed or the death of the borrower. Nevertheless, filing for bankruptcy student loans does not mean that financial aid administrators can refuse you a new loan because of a previous bankruptcy. However, your history of credit following your bankruptcy can decide whether you get a fresh loan or not.

The best option open to you when you are planning on filing bankruptcy student loans is to consult either the lender or the administrator in your school that handles student loans as well as websites of concerned authorities to find a workable solution for your financial woes.

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By the time you finish reading this, you will know more about Chapter 13 bankruptcy. As we all know there are a number of different types of bankruptcy and it is essential to at least know the difference. Chapter 13 is not available for all kinds of situations and it should only be filed by the best qualified candidate.

The Chapter 13 Bankruptcy

Chapter 13 can be filed by individuals. It can only be filed by an individual who has a steady and secure source of income.

A Chapter 13 is a repayment plan. Debts are not wiped clean. Instead the individual agrees to a plan in court that established repayment of debts. Creditors also must agree to the plan, which is based on the individual’s income.

Steps in Filing Chapter 13 Bankruptcy

So how do you go about filing for bankruptcy? First and foremost, you need to see a credit counselor to assess your financial status before the paperwork can begin.

After that process is done, your income and debts are gone through and a payment plan will be drawn out according to your income. However, both the creditors and you, and most importantly the court have to agree with the plan.

It is not easy filing for paperwork and going to court and the best suggestion I can offer you are that you should hire a lawyer to assist and guide you. Under watchful eyes of an experienced lawyer and the court, you don’t have anything to worry about. The court will ensure that you would be able to afford the repayment plan.

This can take some time to finalize but in the end you are protected and your creditors are getting paid.

Things to Know About Chapter 13 Bankruptcy

Many people wonder why to file a Chapter 13. Since it is a repayment plan you are not getting debts wiped away so why not just do debt consolidation instead? The easy answer to that is the court’s involvement in the bankruptcy process.

As mentioned above, you should file for Chapter 13 instead of debt consolidation because the court can protect you. Other than that, you will also have more options. The court will ensure that you are able to afford the repayment plan and thus treated like a willing party.

Additionally, once you file for bankruptcy you are protected. Creditors can no longer pursue collections. That means you may be able to protect your assets and prevent court cases.

Your goal? Start utilizing the knowledge you have acquired her but you also have to remember that there are many negative effect of bankruptcy so, is always best to avoid it. Try working together with your creditors if you feel that you are facing financial problems.

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Ever wondered what Chapter 7 bankruptcy is? Well if you are, I think this article will help. Well, Chapter 7 bankruptcy is a type of bankruptcy that is available for people to file under the Bankruptcy Code. However, this type of bankruptcy is not available to everyone. Want to know more? Read on.

Eligibility For Chapter 7 Bankruptcy

No everyone can file for Chapter 7 bankruptcy. It is only available to individuals and also businesses. If you want to file for Chapter 7, assets should be limited to those that can be claimed as exempt.

Usually, filing for Chapter 7 may be best of one has a lot of assets. However, the decision on whether you are able to file for Chapter 7 is up to the court.

Chapter 7 Bankruptcy Process

The process of filing a Chapter 7 bankruptcy starts with collecting all the information about your debts and your financial situation. You will be required to meet with a counselor and attend counseling that will help you to decide if filing bankruptcy is the best option.

You will then be able to start filing out the proper forms and filing them with the court. Over the next few months or so you will be required to attend court and plead your case. The court will then decide if your bankruptcy is granted or not.

As you can see, this is quite a long process. However, you do not need to worry because as long as you are still undergoing the process, you are protected from debt collection by creditors.

What are the Risks?

Thinking of an easy way out to settle your debts? Count filing for Chapter 7 out. This should be your last resort as recent changes in the bankruptcy laws have made bankruptcy almost impossible.

Filing for bankruptcy has quite a number of negative effects. Firstly, you can lose your assets. Other than that you will have a damaged credit record. This is especially bad as it may be difficult for you to get loans and credits in future.

However, according to new laws, you may be able to file for Chapter 13 instead of Chapter 7. This can be done if your income is deemed to be more than the set amount. The court will then decide how you can pay back the amount you owe.

Bankruptcy should not be looked at as a way to get out of your financial obligations because you will end up paying in the end in some way. Additionally, not every debt can be cleared through bankruptcy. If you take the process seriously then you should end up with the result you desire.

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Filing bankruptcy does not end the possibility of obtaining a personal loan. In fact, a person who files bankruptcy can obtain a bad credit personal loan in as little as 30 days after the discharge of the bankruptcy. And since they cannot file for another bankruptcy for seven years, this provides insurance for companies that are willing to take a chance on someone with bad credit knowing that they have legal recourse to recoup the amount of the loan.

Many traditional lenders won’t lend money to someone who has filed bankruptcy, but there are other lenders who cater to those who have filed bankruptcy. Even though individuals who have filed bankruptcy have been counseled at the time of their filing on financial management and responsibility, there is no law that says they have to follow the advice.

Following the discharge of the bankruptcy, individuals are free to seek bad credit personal loans after bankruptcy whenever they choose.

Bankruptcy records are public record and the availability of these records is suppose to be a sort of punishment for an individual’s past irresponsibility. However, the potential exposure of an embarrassing bankruptcy is no deterrent for some seeking a bad credit personal loan. Even though the bankruptcy laws have changed over the years, there are still some who repeatedly go into debt and file bankruptcy every seven years or as the law allows.

Multiple Bankruptcies Don’t Matter

While many laws exist over who can offer bad credit personal loans after bankruptcy and the interest rates charged for them, there is no laws governing who can apply for them. Even a person who has multiple bankruptcies in their past are free to seek financial help wherever they can find it. Despite the significantly higher cost of bad credit personal loans after bankruptcy people often flock to the lender offering such loans.

Most lenders who offer these bad credit loans don’t even require collateral for these risky loans. The reason being is that the recourse available if the loan is defaulted upon is wage garnishment of the person who took out the loan. When a person defaults on a loan a court typically orders repayment of the loan and any costs associated with collecting the loan. This makes the bad credit personal loan business very profitable for the lenders who offer these types of loans.

Often the cost of collection approaches the amount of the initial loan along with courts costs, attorney fees and collection agency fees, all charged to the delinquent creditor. This adds even more to the cost of obtaining bad credit personal loans after bankruptcy.

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