Saturday, August 31, 2013

Common Bankruptcy Myths and Misconceptions


If you are struggling with financial issues and find yourself falling down a hole of debt, it is extremely important that you do not hesitate to consider all of your options. For many people, bankruptcy can be a frightening prospect, but the truth is that when used correctly, it can be an invaluable tool towards getting your feet on stable ground once more. For this reason, it is extremely important that you get your information straight from the source and do not hesitate to ask questions. Debunking popular myths may not be the easiest thing, but when it's your future on the line, it's important that you take the time to do so.

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Thursday, August 29, 2013

The Time Limits Of Bankruptcy Filings


I am not a lawyer, I am a judgment referral expert (Judgment Broker). This article is only my opinion, about the laws I have read, and what I have learned. Nothing in any of my articles should ever be considered legal advice.

In my line of work, I often hear "My judgment debtor cannot go bankrupt" or "My judgment debtor cannot go bankrupt again". There is very little that prevents a debtor from filing for bankruptcy protection as often as they wish. However, those that file more often than the law allows, will have eventually have their request denied (dismissed).

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Wednesday, August 28, 2013

Chapter 7 Attorney - Get the Representation You Need


It can start with one late bill payment and end with the threat of you losing everything. Debt can ruin so many people's lives and usually the end result is to simply file for bankruptcy. Yet, this process has lots of details to consider and shouldn't be taken lightly. There are many things you don't know about process and if you want to end up on the positive side of things, it's a good idea to reach out to a chapter 7 attorney for help.

Stop harassing calls from creditors
Being afraid to answer the phone is a really hard situation. So if you have a large amount of debt and need some help getting through everything, a good chapter 7 attorney can assist you. That's because this lawyer knows your rights and knows what is legal or illegal when it comes to creditors. There are some creditors that do things that are completely against the rules, but if you don't have a lawyer working for you, you don't know what's okay and what isn't. In addition, some creditors try to garnish wages and make threats against you which can be terrifying and scary. Your lawyer will be able to stop this type of harassment and help you move on.

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Tuesday, August 27, 2013

Attain Much Needed Relief From Debt By Filing Chapter 13 Bankruptcy


There are numerous circumstances that can lead to financial difficulties. Many of these are unexpected and at no real fault of the individual. In today's tough economy with rising inflation it seems that almost everyone is struggling to keep their head above water. Then add an unforeseen event such as a job loss, a divorce, or medical bills from an illness or accident, can be devastating to an individual or family. Then you have people caught in a financial mess when their mortgage adjusts and they can no longer keep up on the payments. Maxed out credit cards with their high interest rates seem to be unending and unpayable. Maybe the individual then turns to payday loans to kick the can down the road a little further but really they are only delaying the inevitable. These things can all contribute to financial disaster resulting in lawsuits, repossession of property, wage garnishments, and foreclosure. The thing to remember is that doing nothing will not solve the problem but actually make it worse. This is why the bankruptcy code was created. Filing bankruptcy offers people relief from overwhelming debt while allowing them the ability to retain personal property such as their house.

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Sunday, August 25, 2013

Talk to a Bankruptcy Lawyer About Your Home


A bankruptcy lawyer is one of the most important people to talk to when you are dealing with questions and concerns relating to your home. As the largest investment for most people in their lifetimes, it is critical to select an attorney who will help you to avoid the worst possible outcome when you are facing concerns related to foreclosure. Most of the time, the lender is not working with you but rather against you in this process. What can you do to get your home back on track so you can remain there?

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Saturday, August 24, 2013

File Bankruptcy Yourself - It is Possible to Do This?


Filing bankruptcy is really one of the toughest tasks, when you refer to the legalities associated with it. Of course, the repercussions of filing for bankruptcy are really some things that would be tagged to your life for some time. Importantly, the legalities associated with the process of bankruptcy make it a demanding exercise indeed.

Here are things you should know of before you file bankruptcy yourself:

Be prepared with all your documents - The first thing you should do when you have decided in filing for bankruptcy is to collate all the documents. During the bankruptcy hearings, the court would require a proof of each and every financial transaction that you claim for your filing. Do some research on the Internet over bankruptcy statutes in your state - This is important because the statutes do vary across states, though not by much. Knowing the statutes will put you in a better position to understand things from a better perspective, at least on the bankruptcy front. Speak to some of your friends to find out how they came out of bankruptcy - One of the best things you could do before you file bankruptcy yourself is to speak to people who have filed before. This will allow you to learn from their experience. Importantly, this will also tell you on how to overcome the challenges thrown at you by bankruptcy. Speak to your creditors for arranging your debts - Irrespective of which chapter you file for, it is always important for you to speak to your creditors. For all you know, your creditors may want to work with you on setting a payment plan. Chalk out a way of paying attorney fees - Now, this is a bit shocking, but a true fact - Being a common man, you may only know certain legalities about bankruptcy. The best thing for you to do is arrange all the paperwork required and hire an experienced attorney.

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Declare Bankruptcy - Why Would You Ever Declare Bankruptcy


Are you under a lot of financial stress and your debts just keep piling up? Does it ever feel like there is no way out and that you will never get to a point where you can manage your finances? You could declare bankruptcy, but that is a very scary situation. Here is what you are looking at and another option.

First, if you declare bankruptcy you will have to get an attorney or figure out how to do it yourself. This will cost you over $1,000 and if you think about it, how can you afford an attorney if you cannot afford your debts? Seems silly right?

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Thursday, August 22, 2013

Consider Options Before You File For Personal Bankruptcy


If you're faced with a mountain of debt, personal bankruptcy may seem like the only way out from under the mess, but in fact, this method of alleviating debt does not come without its own risks and drawbacks. It is certainly true that personal bankruptcy is an option if you have no other, but it's also very true that today, people are filing for bankruptcy in record numbers, when in fact they may have other options available to them that would be better.

There are a few things that you should be aware of when it comes to personal bankruptcy. First of all, it doesn't simply "wipe your record clean" when it comes to debts. It's true that a lot of your debts will probably be forgiven depending on your financial situation, but not always. And not every debt can be forgiven, such as taxes owed, child support payments, and so on. That is, if a lot of your debt comes from these sources, personal bankruptcy isn't going to help you get out from under that debt, because you'll still owe that money.

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Reasons Why Personal Bankruptcy Might Be Your Best Option


Filing for bankruptcy can relieve you of one kind of financial stress, but it provides you with new stresses, too. On one hand, having people go through all of your personal financial information can be formidable. By contrast, once your bankruptcy is complete, you will have the freedom to rebuild your credit without being hounded by debt collectors. The following article will give you advice to make filing for bankruptcy simpler.

If you've committed yourself to filing bankruptcy, find out all you can about the federal code and the laws in your state. The future of your financial health is on the line, so educating yourself the best you can, and proactively working with your lawyer through the process, can give you better protection for your financial future, and help bring about a more positive outcome.

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Tuesday, August 20, 2013

Bankruptcy - Your Fresh Start


Most American consumers are living too close to the edge. They are carrying too much credit card and mortgage debt and have too little in the way of savings. When the inevitable unexpected crisis comes along, they have little left to handle it and quickly slip into a critical financial state.

According to many bankruptcy experts, most people file for bankruptcy due to life-changing experiences, such as a job loss, divorce or serious illness. Uninsured medical expenses are supposedly the cause of about 20% of bankruptcy filings. But excessive debt also plays a very large role.

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Monday, August 19, 2013

Eligible For Bankruptcy - Especially Chapter 7? - Or Would Your Debts Be Disapproved For Fraud?


A common question being asked by a growing number of American consumers seriously contemplating bankruptcy, or merely investigating it from the standpoint of being informed as a potential option for addressing their debt problem, hinges on issues of their legal eligibility for bankruptcy. And, even as importantly, on whether they face the likelihood of having their bankruptcy, if they were to file, disapproved, or even having themselves charged for "bankruptcy fraud."

One debtor and his wife who said they were "considering" bankruptcy, recently posed a similar question in a web blog forum, indicating that they had credit card debts of some $52,000, the bulk of which ($30,000) had been charged just over a year earlier - in March through May of 2008.

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Sunday, August 18, 2013

Ohio Chapter 7 Bankruptcy - An Overview


It happens to so many people; bills pile up, new debts accrue, and before you know it you are unable to catch up. Debt can spiral out of control in the blink of an eye, and there is sometimes nothing you can do but watch it happen. If your credit rating is too low for you to get new credit but you owe too much to repay, filing for Ohio Chapter 7 Bankruptcy now could be the best thing you can do for your future.

In order to be presumed to qualify for Chapter 7, your household income for a six month period must be lower than the state median income for a family of the same size. If you meet this criterion, or can argue that you should, you will be able to file Chapter 7. Because most people filing Ohio Chapter 7 have no assets to sell for the benefit of creditors your debts will simply be discharged. It is very important to note, however, that you will not be able to file again for as long as 8 years, and that you will be solely responsible for paying any new debts incurred after your Bankruptcy.

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Saturday, August 17, 2013

Pre-Bankruptcy Planning


What can bankruptcy do for you?

As we all know, times are tough. Many people are having problems with their investments and have been inquiring about their options. Unfortunately, however, many clients have tried "go at it alone" and have gotten themselves in even more financial distress. Some clients, which were successful business owners in the community, are on the verge of losing their homes.

In many cases, before it's too late, we can help clients recover financially without the need of filing bankruptcy. However, even when we cannot, we can help with pre-bankruptcy planning, as well file the bankruptcy when it comes time. Pre-bankruptcy planning can help you save significant property!!!

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Friday, August 16, 2013

Bankruptcy Explained In Plain Words


Without proper money management and debt management measures and sometimes even in spite of them, the final outcome is usually bankruptcy. But what exactly is Bankruptcy and what can you expect from it?

Filing for bankruptcy used to be a common practice to bring ease to people's finances easily and without effort at the expense of creditors. But since in 2005 the Bankruptcy Abuse Prevention and Consumer Protection Act has been in force, bankruptcy filings have dropped dramatically.
The problem is that the new act has set the limits too high and few can now qualify for the relief bankruptcy provides even though no one would want to be in such situation.

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Thursday, August 15, 2013

Chapter 7 Attorney - How To File For Bankruptcy


The process of finding a Chapter 7 attorney might sound difficult, as you may have never needed legal defense before. This is actually not terribly difficult, as this step merely starts with your asking some simple questions. Go around and ask your friends and relatives for honest recommendations for a practicing lawyer in bankruptcy or if they know of any. This should get you started.

You will probably want to set a budget for yourself in regards to how much you are able to spend on a attorney. Funds are extremely tight, so you will not want to exceed what you can afford. The best defense is ideal, but it will do you little good if you cannot pay retention fees.

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Wednesday, August 14, 2013

Knowing The Law - What Are The Steps To Declaring Bankruptcy?


Insolvency law, necessarily involves a consideration of the position and concerns of the debtor, the creditors and the general community. Insolvency law must seek to balance the interests of these parties and there is a need for balance because insolvency necessarily involves a limited amount of money to be divided among those seeking repayment of their debts.

Step 1: Understand the purposes of the law of bankruptcy

The first step to filing for bankruptcy is to understand the aims of bankruptcy law. Ultimately, the law seeks to provide an equal, fair and orderly procedure in handling the affairs of an insolvent person or entity and that the assets of the debtor are shared equally amongst the creditors. The system also favours a situation where the estate is administered with as little delay and expense as possible and that the administration of the estate is conducted in a fair and independent manner. The objective of the legal system is also to try to provide solutions to debt problems before the person or entity's position becomes hopeless with no capacity to regain solvency without a substantial loss of funds to the community.

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Tuesday, August 13, 2013

Choosing the Right Personal Bankruptcy Lawyer


Before you file for personal bankruptcy, it is imperative that you hire the services of a personal bankruptcy lawyer. At the same time it is equally important that you hire a lawyer who practices exclusively in the area of bankruptcy. Lawyers who cover several areas of practice along with bankruptcy will never have that expertise that a lawyer who specializes exclusively in the field of bankruptcy will develop.

There are some lawyers who focus on Chapter 7 bankruptcy. Chapter 7 deals with cases of individuals who are neck deep in debt and have no source of income to overcome the problem except by surrendering the assets to the designated court and allowing them to take the appropriate decision regarding the disbursal of wealth procured from selling off these assets, among your larger creditors.

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Monday, August 12, 2013

Colorado Bankruptcy Exemptions


If you're filing for bankruptcy in Colorado, bankruptcy exemptions are probably something you have more than a few questions about. And you should! Knowing what bankruptcy exemptions you can take advantage of is an important part of filing. After all, doing your research ahead of time is a responsible first step as you investigate the process.

This article is designed to be a short list of some of the bankruptcy exemptions that apply to those who are planning on visiting the Colorado bankruptcy courts. Please note, however, that these laws and exemptions do change, so you should always seek out the professional advice of a lawyer or attorney before making any final decisions!

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Sunday, August 11, 2013

Will I Have To Give My Car Up If I File Bankruptcy?


The short answer is, no. You can keep your car when you file for bankruptcy. However keeping your car through a bankruptcy gives you different options to do so.

Here are the three most popular ways to keep your car after you file for bankruptcy. Some states may have different rulings for keeping your car after filing a bankruptcy. Check with your local laws.

Knowing These Three Options Can Give You Peace Of Mind - And A possible Way To Keep Your Car

Reaffirmation

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Monday, July 29, 2013

"Reformed" Personal Bankruptcy Law of 2005, Now Broken, Should Urgently Be Truly Reformed This Time


Time, once again, to reform the new 2005 reformed bankruptcy laws, and to reform the new reformed Chapter 7 bankruptcy? Or even the Chapter 13? On October 17 2005, amidst the highly charged atmospherics of high drama, robust promises and expectation, the new bankruptcy law, the Bankruptcy Abuse and Consumer Protection Act or BAPCPA, which had been enacted by Congress largely at the prodding of the Credit and financial industries, among other special interests, was promptly put into effect. Generally called the "reform" bankruptcy law, the law had been touted as something of a bankruptcy cure-all that was going to fix a "broken" bankruptcy system in America, most especially, reverse or drastically reduce the high volume of bankruptcy filings and the increased use of bankruptcy by American consumers in resolving their debt problem. The overarching, dominant argument and premise expressed by the banking and financial industry advocates and supporters of the reform law, and by its sponsors in the Congress, was that the growth in bankruptcy was due to "fraudulent bankruptcy filings" by consumers and the "excessive generosity" of the old bankruptcy system which, it was said, encouraged "abuse" and allowed a great many number of debtors to repudiate debts that they could quite well pay, at least in part.

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Sunday, July 28, 2013

Can You File Bankruptcy Yourself?


During the current recession, there are a lot of people who are declaring bankruptcy. This is due to various reasons and the most common of them are layoffs and medical bills. Due to economic slowdown, there are a lot of companies which are looking to cut costs and reducing the manpower seems to be the easiest way to do that.

Medical bills are also contributing to this population due to the ever increasing cost of health care. Even the medically insured people are having a tough time to avoid bankruptcy.

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How Will the Bankruptcy Law Change Affect Your Financial Future?


Many people are currently under the impression that bankruptcy is no longer an option for them because of recent changes to the bankruptcy law. While there have been changes made in recent years, bankruptcy is still a viable option that you should consider with your attorney. While it isn't for everyone, bankruptcy might be the best option for you depending on your circumstances.

In 2005, Congress passed a law which reformed the bankruptcy code. The law is pretty complex, even for attorneys, and many have criticized it for making things tougher on consumers. Nevertheless, the credit industry was successful in convincing Congress to pass the law.

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What Is a Bankruptcy Discharge Order?


A discharge order in bankruptcy confirms that court relieves a debtor for any existing legal debt obligation to certain creditors at the time of filing bankruptcy. Once bankruptcy is discharged from the bankruptcy court, creditors covered in bankruptcy petition are forever prohibited for any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. What does bankruptcy discharge order is normally 3 page documents and includes:

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Saturday, July 27, 2013

Bankruptcy Ends Privacy


I am not a lawyer, I am a judgment matchmaker. This article is my opinion, and not legal advice, based on my experience in California. Laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

What if you have a judgment against a "rich" judgment debtor with a history of moving from rental property to rental property, paying the minimum to obtain residence, and then staying rent free until they get forced out by evictions? (This does not happen very often anymore, in the age of credit reports and landlord associations, however a wad of cash upfront, can blind many landlords.)

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Friday, July 26, 2013

Bankruptcy - What Types Are There?


If you feel your debts are out of control, you might be considering bankruptcy. Before decided on that, educate yourself on the different categories of bankruptcy and what happens after you file.

There are categories for bankruptcy: Chapter 7, 11, 12 and 13. Which category you fall under will depend upon how much debt you have, the type of debt and whether you are filing for a business or individual.

Chapter 7 bankruptcy is the most commonly filed form. Also called personal bankruptcy, Chapter 7 will eliminate almost all of your unsecured debts. Unsecured debts are those such as credit cards, or loans without collateral. When you file, the companies that you owe the money to can no longer attempt to collect funds from you. Any assets that you have, such as homes or vehicles will be turned over to a trustee. These items will be liquidated and the funds will be used as part of the settlement with the creditors. Different states have different exemptions on what type of assets can be liquidated. Chapter 7 will take approximately six months from start to finish. Chapter 7 may only be filed for once every 6 years.

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Chapter 7 Bankruptcy Exemptions


Federal and state bankruptcy laws reflect the public policy value that no one should be deprived of all of their property. The federal bankruptcy laws, as well as the state laws where you reside, therefore, both allow for certain "exemptions." Federal exemptions are the same for all bankruptcy filers nationwide, while state exemption limits vary from state to state. The debtor may choose whether to use the federal or state exemptions; in general it's best to use the federal exemptions because they are more 'generous' (that is to say, higher).

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Tips For Chapter 7 Bankruptcy


The main reason why people are more inclined towards chapter 7 bankruptcy proceedings is because it has a quick and efficient process. The average time period taken from filing to actually arriving at the end is only about 6 months. Moreover, it allows people to fully discharge themselves of their debts. Most other repayment plans do not offer this relief, only extending repayment plans from a few months to a couple of years, making Chapter 7 Bankruptcy a popular choice.

Under this type of filing, you can liquidate a part of your assets to pay off your debts. Afterwards, you can cancel the remaining part of the unpaid debt and it will be removed from your credit report altogether. This process may sound quick and simple, but there are some tips for Chapter 7 Bankruptcy that you will want to be aware of to ensure a successful proceeding.

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Thursday, July 25, 2013

Chapter 7 Bankruptcy Education


Chapter 7 bankruptcy is the most common type of bankruptcy that people file. Understanding the basics of this type of bankruptcy is important so that anyone who is considering filing bankruptcy can make an educated decision on Chapter 7 that will be best for their situation.

People most commonly file Chapter 7 because it is relatively easy to qualify for and is the quickest type of bankruptcy. In this type of bankruptcy the debtor is required to give up any non-exempt assets. The bankruptcy court will take those assets and sell them and split the proceeds between the creditor's debtor's, but with a good attorney most people are able to keep most of their assets.

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Seek Advice From a Lawyer to Obtain an Understanding of Chapter 13 Bankruptcy Rules


Along with the economic climate in the situation it's in, lots of people eventually find that barely making it day to day is starting to become more difficult. The majority of people in America lived salary to salary currently, as well as a large amount of families had both parents working to pay bills. Along with joblessness rates jumping and also reduces in time and compensation, the typical household is actually getting a lesser amount of when compared in years past - without decrease in their own general financial debt. As a result, an increasing number of folks are seeking in the direction of personal bankruptcy as their particular hope for relief.

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Wednesday, July 24, 2013

When You Cannot Avoid Bankruptcy


There comes a time in just about every ones life, that things just do not turn out the way you thought they would and you find yourself in deep financial trouble. For many people this is a hard thing to face, and if someone has a strong work ethic and values that tell them that you must always work hard in life and pay all your bills. There are people that are so stuck in this thinking that when the hard times come, they see no way out and it can seem like the end of the world to them. This is nothing to feel ashamed of or embarrassed about... You just might have to face the fact that you have hit a point when you cannot avoid bankruptcy.

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Filing a Proof of Claim in a Chapter 13 Bankruptcy Case


In Chapter 13 bankruptcy cases, debtors propose a plan to pay creditor's through a trustee. But the trustee doesn't pay the creditors automatically just because they are listed in the plan. The creditor must file a proof of claim with the court. A proof of claim is a document containing the creditor's name, address, and the amount they are owed by the debtor. It also states whether the claim is secured, unsecured or priority, the amount of interest and fees, and attaches documents proving the information contained in the document.

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Tuesday, July 23, 2013

Bankruptcy And Settlements


I am not a lawyer, I am the nation's only Judgment Broker. This article is my opinion, and not legal advice, based on my experience in California, and laws vary in each state. If you ever need any legal advice or a strategy to use, please contact a lawyer.

Settling a judgment means that a judgment debtor and the judgment owner reach a compromise to satisfy their judgment for an amount that is less than the full (often theoretical) amount owed.

The advantages for the creditor are that they save time, money, and hassles; because conventional judgment recovery is not easy or cheap. The advantages for the judgment debtor are that they save hassles and money, because they get the judgment against them satisfied quickly, by paying much less than the total amount owed.

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Monday, July 22, 2013

Common Bankruptcy Myths Finally Debunked


Several years ago, a fellow bankruptcy lawyer told me that our job as bankruptcy lawyers is to get our clients to tell us all of the "Dairy Queen Law" that they know. "Dairy Queen Law" is all the bankruptcy laws that the clients learned about at the local "Dairy Queen" from friends, family members, waitresses and other patrons. We have to get our clients to tell us what "Dairy Queen Law" they have learned, and then we, as attorneys, must tell them the truth about bankruptcy. Well here is some common "Dairy Queen Law", followed by the truth.

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When You're Too Broke to Even Be Filing Bankruptcy


Consider the case of Jennifer, a single mother with three young children, a job that offers no health insurance, and child support coming in only off and on from an ex-husband who can't be depended on. Jennifer made less than $20,000 a year, but she had run up about $25,000 in credit card debts trying to care for her children's health taking them to hospitals when they needed it. She was someone who believed in paying her obligations and struggled hard for as long as she could to pay what she owed. But she struggled too hard and for too long. She didn't think about filing bankruptcy until she was completely broke. By then, she didn't have the $300 it took to file for Chapter 7; and she certainly didn't have the $1500 dollars that the attorney asked for. In short, she was too broke to even file for bankruptcy.

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Sunday, July 21, 2013

A Guide to Chapter 11 Bankruptcy


Chapter 11 bankruptcy serves as a way of business financial reorganization which normally lets businesses to keep functioning while they use a debt repayment schedule. Businesses that are allowed to continue to perform will produce revenue, preserve their employees, and then repay loan providers in time. Sales of the assets of the company to pay for obligations is a prospect, but it may not settle all the unpaid debt, and may push a company to close. More often than not, a method that allows a repayment plan which everybody agrees upon is more efficient.

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How a Chapter 7 Bankruptcy Saved Me


I filed for chapter 7 bankruptcy about a year ago.

OOHHH....GASP...BANKRUPTCY

I went in knowing absolutely nothing about the process, all I knew was that I was $60,000 in debt. I had a mortgage company that wanted my default mortgage deed "paid in full". Nine credit card companies (they use to be so nice to me) that couldn't understand the concept of being "laid off". And a guy that came in the middle of the night and Repossessed my Ford Ranger.

I'm not a lawyer and I'm NOT going to give any legal advice. I'm just going to relate my experience of the process to you so maybe you can learn a few things.

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Saturday, July 20, 2013

Bankruptcy and Non Dischargeable Debts


When you file for bankruptcy certain debts are dischargeable and certain ones are not. The ones that are dischargeable means that you are free and clear from having to meet your obligations for them. Examples of debts that are usually not dischargeable are as follows:

Misdemeanor are usually not discharged during a bankruptcy. People convicted of a misdemeanor are usually given a fine, a sentence in the local or county jail, or both. Examples of misdemeanor fines are traffic citations. So, if you have accumulated fines of $500, for instance, those fines are not dischargeable. If, however, you were to pay the $500 with a credit card and then file for bankruptcy, the credit card bill may very well be a dischargeable debt, depending on when you pay the fine. This illustrates the practical real life effects of bankruptcy on how you pay your debts.

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Friday, July 19, 2013

Getting the Necessary Information For Filing Bankruptcy


It is necessary to understand how much bankruptcy proceedings will cost when looking in to filing. This cost includes filing fees and attorney fees. These fees must be paid and cannot be considered part of the debt for purposes of bankruptcy. In other words these costs will have to come out of your pocket.

Filing for bankruptcy can be done online. However, it is recommended that you consult with an attorney prior to doing this. In some cases, filing online can be a much easier process. In other cases, filing online is not the right option and can lead to further hassles during this process.

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Thursday, July 18, 2013

How to Determine If Chapter 13 Bankruptcy is Right For You


The reality of not being able to make ends meet in corporate and personal financial obligations has never rung more true than in the year 2009. Many business doors closed, foreclosure notes forced families out of their homes, unemployment rate was the highest it has been in over 20 years, and a financial global crisis unraveled before our very own eyes. So what is a business or home owner to do? How do you gain back your pride and build financial stability after it has been shred to pieces? Many Americans turn to filing bankruptcy, specifically, Chapter 13. But what does that mean? How do you know if it is the right option for you? Here is a brief explanation of Chapter 13 so you may see if it is the correct choice for you.

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Wednesday, July 17, 2013

Bankruptcy: Defining The Difference Between Chapters 13 And 7


When debt is bad enough and no other option is available to you, the next serious step to inquire about is bankruptcy. This decision is not to be taken lightly as it has some serious consequences that goes along with it.

To begin this process, you will need to hire a lawyer. When you do choose a lawyer, you will be expected to pay upfront costs. Be aware of the money involved with the procedure, the time it will take, any requirements that may be expected of you, and the price your credit will pay afterwards. There are some public-funded legal service programs that may handle bankruptcy cases without charging any attorney fees. If this is not an option available to you, they might be able to refer you to a private attorney. Not all attorneys charge the same fees. Ask for references or inquire about experience in bankruptcy court.

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What is Corporate Bankruptcy? How it Works and the Implications For All Concerned


Corporate bankruptcy or chapter eleven refers to a chapter in law which governs corporate bankruptcy. A company when filing for bankruptcy hopes to rearrange the debts that it owes to its stakeholders. The procedure that ensues involves a lot of paperwork and documentation. All documents are required to be combined together which is referred to as the petition. The petition is filed by an attorney who represents the company. Several files, forms and official documents are required to be submitted by the attorney. This is required to obtain adequate information about the company's finances. Once filled, all documents are submitted at a bankruptcy court.

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How Much Money Does it Cost to Declare Bankruptcy?


You may be considering bankruptcy as a way to solve your debt problems. This is certainly an option that you should consider if you're facing an overwhelming amount of debt and don't see any other way out. Of course, you should speak to a lawyer and not rush into things prematurely. However, if you decide to go this route, you may be wondering how much does it cost to declare bankruptcy.

You have to pay the court a fee of $274 when filing chapter seven bankruptcy, while the fee for chapter 13 bankruptcy is $189. Chapter seven bankruptcy, by the way, is what most people are looking for since it aims to wipe out your debts completely. Chapter 13 bankruptcy, on the other hand, establishes a repayment plan for you to pay off your debts over time.

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Don't Make A Bad Situation Worse: Hire Bankruptcy Lawyers To Represent You


Deciding to pursue bankruptcy protection is a difficult decision often arrived at only as a last resort. Still, one of the biggest mistakes made when filing is waiting too long. Precious resources can be spent trying to pay creditors and keep the business afloat, which can ultimately hurt your chances of qualifying for protections.

A second, but equally large mistake, is trying to manage the process on your own. Cash-strapped individuals and businesses often look for ways to save money and cut costs, but declining to hire bankruptcy lawyers to represent you could end up costing you much more in the long run.

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Tuesday, July 16, 2013

New Laws a "Game Changer" for Those Considering Bankruptcy


On April 20, 2005, after many years of lobbying by the credit card companies, President George W. Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Among the arguments for passing the bill was that credit card abuse had become rampant, and with the relative ease in which consumers could file for bankruptcy, filings had steadily increased throughout the 1990s.

Another factor compelling the federal government to address the bankruptcy law was the impact the influx of bankruptcy filings was starting to have on the economy. Lenders that couldn't recover debt inevitably passed it on to the consumer in the form of higher prices for goods and services.

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Advantages and Disadvantages of Filing Bankruptcy


When you happen to be in a financial brink, the last thing you want to hear is the word bankruptcy. You are probably in the most difficult time in your life but as they always say, for every problem, there's always a solution. Understanding bankruptcy may help you go through everything more easily or perhaps it will help you decide whether or not you have the need to file one. Like many other things, filing bankruptcy has its own disadvantages as well as advantages. The number one disadvantage of filing bankruptcy is its effect on your credit rating and it can remain on your credit report for 10 years. In some cases, you will still be allowed to obtain some credits but be prepared for ridiculous interest rates. Another thing you have to deal with is the cost for filing bankruptcy, talk about expensive attorney fees. You're looking into $1,000 to $2,000 just for a regular Chapter 7 case. The last disadvantage and usually the most painful one is the loss of property. Have your lawyer assess all of your assets to check which ones can be exempted.

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Monday, July 15, 2013

Car Repossession Help and Chapter 13 Bankruptcy


How can you legally stop your car from being repossessed? One solution is Chapter 13 bankruptcy. Chapter 13 is a repayment plan filed in bankruptcy court which allows income earners to restructure debt. In a Chapter 13 plan, the iconic "repo man" must immediately stop any collection efforts to repossess your car upon the filing of the Chapter 13 papers in Bankruptcy Court.

In order to qualify for Chapter 13, you must have a source of income and demonstrate to the bankruptcy court that you can afford to make future payments. This is why Chapter 13 is designed for individuals and families with a source of income. If income cannot be demonstrated then Chapter 13 should not be a consideration.

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Sunday, July 14, 2013

The Living Trust and the Bankruptcy Estate


Every person should have an estate plan. A good estate plan would have a financial power of attorney, medical power of attorney, and a will. A really good estate plan might also have a revocable living trust. A revocable living trust is an estate planning device which avoids probate by transferring ownserhip of assets to the trustee of a living trust. A common transfer is a house, vacation property, or a bank account to the trust. When the trustee of a trust is also the creator, or settlor, then that trust is called a self-settled trust which is for the benefit of the settlor initially and the heirs upon the settlor's death. They can be complicated.

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Is There Life After Bankruptcy: Yes, You Can Still Get Credit!


According to the Federal Judicial Caseload Statistics there are literally millions of people filing bankruptcy each year. The statistics reveal that Chapter 7 is by far the most frequently filed Chapter with 958,634 non - business of consumer filings for the period ending December 31, 2011. The reason for this is that a Chapter 7 bankruptcy releases individual debtors from personal liability for most debts and prevents the creditors owed those debts from taking any collection actions against the debtor. 11 U.S.C 727

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Saturday, July 13, 2013

New Bankruptcy Laws - Understanding The Changes


The new bankruptcy laws were introduced on 17 October 2005. Since their entry, these laws have become all the more complicated. However, the cause of most of the complications is nothing but the general unawareness. That is the reason why it is always recommended to hire an attorney while you are filing a petition in this regard. The bankruptcy lawyers are experts in this field and they know how to use the laws in your favor. They will also help you understand the laws and differentiate the same from any misconceptions.

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Hire a Bankruptcy Lawyer to Help You Overcome Your Financial Burdens

If you are struggling with financial problems and can't seem to keep your head above water because your bills just seem to keep to be piling up, it is time for you to go and see a bankruptcy lawyer. There is no reason why you should continue to subject yourself to this nightmare. It doesn't matter how you ended up in this situation, what matters is what you do to get out of it. Even though you may feel as if you are at the end of your rope, there are a few options left for you to try and help improve your financial situation.

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