Tuesday, April 30, 2013

The Costs of Declaring Bankruptcy


Although many people are under the impression that declaring bankruptcy can enable you to clear all of the debts that have been accumulated, but in reality - there are many debts which are not cleared from claiming bankruptcy and the consumer. Which debts must still be repaid despite the consumer declaring bankruptcy? The debts which are not dischargeable when claiming bankruptcy are:

- Payments that are owed for child support
- Divorce and property settlements
- Amounts that are owed from tax liens
- Personal injury debts
- Government funded educational loans
- Condominium or Operational type housing fees

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Monday, April 29, 2013

Is Bankruptcy the Right Answer For Your Financial Situation?


If your financial situation is at a point where you are considering bankruptcy, you need to sit down and do a thorough analysis of your financial situation instead of jumping into something like bankruptcy that may be AN answer but in all probability, is not the best answer for your situation.

Bankruptcy law has changed tremendously in recent years and it is no longer the simple do-it-yourself process that it once was. In fact, these days you need the approval of the federal bankruptcy judge in order to be approved to file. That's right, just because YOU think it is the answer does not mean you will be able to file just because you want to.

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Sunday, April 28, 2013

Is the Entitlement Generation Heading for Bankruptcy?


Ever since the end of the baby boomer, society has developed a new group of young adults called the entitlement generation. Although this is not technically the name these people are known by generation X., Z. and Y. but the common link between them has one shared trait and that is they feel that they are entitled. All through school they were told that they were the best. Psychiatrists made it clear that teachers and parents should not hurt their fragile egos causing them to believe they were better than they really were. Baby boomers were guilty of giving their kids just about everything their parents withheld from them. Because of this gone were the debt free days and large savings accounts preparing for their retirement. This new group had something called credit cards that allowed them to no longer have to wait to purchase anything. Why wait when you can buy it now on plastic? Initially, this idea didn't really catch on until the 1980s and by the end of the 80s the consumer debt to income ratio was about 50%. Fast forward to the end of 2012 and that number has now increased to 154%. This generation that we have created is totally out of touch and because of it there are now close to 50 million Americans receiving food stamps. There are 128 million Americans receiving some sort of government benefits. And people are wondering why the country is so far in debt with no real solutions to the problems. The politicians know that the way to get votes is to work on the greed of this new generation and give them some freebees like a cell phone, welfare, food stamps and extend unemployment benefits indefinitely. Just do the math and then at some point in time all of this will have to come down. This system is now being overwhelmed and people have become so narcissistic that they don't even see it.

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Many Experts Overlook Bankruptcy Filing As a Form of Debt Elimination


When it comes to bankruptcy filing many experts spend a lot of time on television talking about the negative effects of the process. In interviews they will typically only talk about the negatives of someone filing for bankruptcy. It's almost like they're in the back pocket of the creditors. Many of them will discuss the possibilities of becoming debt-free by budgeting one's finances. The problem is, for some individuals it is just too late. When someone makes $40,000 a year and has $25,000 in credit card debt budgeting will not get them out of debt. For this individual debt settlement probably wouldn't work unless creditors would be able to accept 10 or 20% of the balance owed. As a rule of thumb, debt settlement companies will offer around 50% of the amount owed. If someone has a balance of more than $10,000, it doesn't make sense to use debt settlement. It will cost the individual over $5000 and the impact on your credit will be similar to that of a bankruptcy filing. Most creditors will report a settled account as a charge off which will stay on one's credit report for seven years or more.

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Saturday, April 27, 2013

Can I Keep My Car If I File Bankruptcy? Part 2


In a previous article (Can I Keep My Car if I File Bankruptcy) we looked at five questions that must be answered each time we are looking at saving a car in bankruptcy. Just to review, the five (5) questions are:

How Many Cars Do You Own? (Really, read the other article. You may be surprised how many cars you "own.") What are the Year, Make, Model, and Condition of Each of Your Vehicles? How Much Is Each Vehicle Worth? Are There Any Loans Against The Vehicles? Is There Equity in The Car?

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Growing Industry In Joliet Illinois Does Not Protect Residents From Bankruptcy


Joliet Illinois is a large area made up of diverse businesses. The historic district of downtown Joliet features small businesses and serves as the location of the weekly farmer's market. Efforts are being taken to revitalize the area and introduce new restaurants, condo developments and grow the arts district.

The successful Harrah's and the Empress casinos are both located in Joliet.

Being the home of the first Dairy Queen store which opened in 1906 in the downtown area is a claim to fame.

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Friday, April 26, 2013

Using Bankruptcy to Protect Your Assets


Bankruptcy lawyers are legal specialists who help both individuals and corporations with bankruptcy legal matters. Although it sometimes is negatively stigmatized, bankruptcy exists to protect individuals as well as businesses who have had the unexpected happen. A bankruptcy attorney understands the laws and can fight to get the best possible outcome for you to protect your assets.

There are many reasons individuals may file for bankruptcy. Filing may have been precipitated by the loss of a job, marital problems, medical bills or even poor planning. Filing for bankruptcy can help to protect your home from creditors. When you file for bankruptcy, creditors cannot garnish your wages or put liens against your home. Within three to five years, you can have those old debts satisfied.

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The Trick In Getting A Good Bankruptcy Lawyer


There is no denying that the recession has damaged a number of families. It has even reached a point that there are a lot of people who filed for bankruptcy. If you are among these people, the task is not as simple as it sounds. At often times, the task for filing for bankruptcy is being understated. This is why it is recommended that you use the services of a Bankruptcy Lawyer to help you with your situation. A Bankruptcy Attorney, especially a good one, will be able to help you do the proper procedure for this. But how do you find the right legal professional?

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Thursday, April 25, 2013

Bankruptcy 101: What Is The Difference Between Chapter 7 and Chapter 13?


The Basics of Bankruptcy

Bankruptcy, also commonly referred to as insolvency, is the legal status of a person or an institution that is unable to pay debts to creditors as they become due.

Located at Title 11 of the United States Code, the six types of bankruptcy under the Bankruptcy Code are as follows:

· Chapter 7

· Chapter 9

· Chapter 11

· Chapter 12

· Chapter 13

· Chapter 15

Chapter 7 vs. Chapter 13

Chapter 7 and Chapter 13 are the most common types of bankruptcy for individuals. Chapter 7 filings constitute almost 65% of all U.S. consumer bankruptcy filings.

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What You Must Know Before Filing Bankruptcy


Bankruptcy is not something that you do on the spur of the moment, but rather it should be a well thought out plan that you only implement when you have exhausted all other possibilities. While bankruptcy may provide a way out of your current financial situation, you need to consider and be aware that the ramifications of filing bankruptcy are going to haunt you for the next 7 to 10 years. Many people who file bankruptcy are doing so to make things better "now" but they are not looking years down the road, and when they do and wish they had considered other options, it is then too late.

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Wednesday, April 24, 2013

Are Taxes Due the IRS Dischargeable in Bankruptcy?


One of the most frequently asked questions by consumers who are contemplating filing bankruptcy is: "Are Taxes Due the IRS Dischargeable in Bankruptcy?" If you are eligible to file a Chapter 7 bankruptcy, virtually all of the debt that you owe will be discharged. A discharge of debt obtained in bankruptcy means that you do not have to pay the debt. It is one of the principal reasons for filing a Chapter 7 bankruptcy.

Whether you are eligible to file a Chapter 7 depends on whether you can pass the "means test." A " means test" separates those people with the financial means to repay their debts, from those who do not have the means. If you do qualify under the means test you will be able to file a Chapter 7 and wipe out your debt.

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New York Chapter 13 Bankruptcy Basics


To many in the state of New York, the issue of filing for bankruptcy is an intimidating one that they would rather not learn about unless they are required to. Although simple considering bankruptcy can be a stressful proposition, at certain times in your life it becomes necessary and, in many cases, beneficial.

Knowing the basic components of Chapter 13 bankruptcy will ensure that you not only understand the relevant details, you will also be prepared to take immediate and productive action if ever confronted with this financial legal situation.

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Tuesday, April 23, 2013

Signs That Filing Bankruptcy Might Be Around the Bend


There are a large number of Americans that are filing bankruptcy every year due to the economic downturn. When the real estate bubble burst back in 2007, it took about everyone down the river with it. It affected, not only the real estate market but every industry in the US was affected. It seems the only people that dodged the bullet was government employees. As the private sector continues to spiral downward out of control, the federal government is continuing to expand its grip on society. With unemployment at about 8 1/2%, it's no surprise that the number of those filing bankruptcy continues to stay close to 1.5 million a year.

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Advantages of Filing For Bankruptcy


Be it because of divorce, loss of income, overwhelming medical bills or crushing credit card debt more and more people are turning to bankruptcy as their refuge from harassing phone calls, letters from creditors and the stress of crawling from beneath a mountain of debt.

You probably don't know this but bankruptcy dates back to Biblical times as a moral solution for debtors and a requirement for creditors in early Judaic history and it is a Constitutional right of all U.S. citizens. Even Presidents Thomas Jefferson and Abraham Lincoln dealt with bankruptcy.

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Where Can I File for Bankruptcy in Michigan?


In the event that you are thinking about Chapter 13 or Chapter 7 bankruptcy, you may already have many factors to consider. The chief attraction of bankruptcy is that it provides a fresh start, and matched against other options, is a very expedient method of getting an individual's financial resources stabilized. However, your bankruptcy filing can call for a great deal of your time and efforts. Whether it 's setting up all your documents, making sure they land in the right hands by specific dates, or going to the mandatory pre-filing credit counseling class, you may end up conducting a fair amount of hours spent.

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Monday, April 22, 2013

Black Friday Bankruptcy Filing


Now that Thanksgiving is here, it's official that the shopping season for Christmas has begun. We are already being bombarded with ads for Black Friday. It doesn't end there, immediately following Black Friday is cyber Monday. All these quote unquote shopping holidays have been created by corporate America to get in the wallets of hard-working Americans. It's not all bad though, for those that don't overindulge there are a lot of good deals to be found. The newspapers and Internet will be on fire with online e-mails and ads filling the middle of the newspaper. Every business is fighting for the dollar to come out on top in this season. Since the economy has been in the tank for four years now, economists and stock traders are looking for good news to see if things are turning the corner yet. Many are expecting a slow season because of the low amount of product ordered for Christmas. When the dust settles we will see if we're still sliding down the muddy recession slope.

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Sunday, April 21, 2013

Filing Bankruptcy and the Myths That Follow


It's been over five years now since the bankruptcy law has changed. The bankruptcy code was amended by Congress in 2005 and had many changes mainly making it harder to file Chapter 7. Since this time, there have been many myths created with many of them being untrue. One of the main culprits of the sharing of bad information is the Internet. There are many bankruptcy blogs that offer advice and opinions which are not all true. The new code, which went into effect October 17, 2005, did not necessarily make it harder to file bankruptcy for most people. What it was intended to do was to eliminate serial bankruptcy filers that run their debt up and file to wipe it out in a Chapter 7. There are many new requirements, but mostly it's just a few more hoops for the debtor to jump through to get their discharge. The results of a study that was done a few years ago showed that 95% of the individuals who filed bankruptcy prior to 2005, still would qualify under the new bankruptcy code.

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Friday, April 12, 2013

What Effects Will Bankruptcy Have on My Credit? Important Facts I Need to Know


Have you ever thought that whether you file for bankruptcy or not, you will already have a negative standing due to late payments in the first place? So, filing for bankruptcy will not make much difference to your credit status. In fact, bankruptcy will actually improve your credit score in the long term.

This may seem contradictory if you are not aware how bankruptcy filing really works, and how your prospective creditors consider your credit report.

The first issue that will be of interest to most creditors is the date on which you filed for bankruptcy. If it is recent, then they will very likely refuse your request for further credit. On the other hand, if you have been discharged from your bankruptcy then you still stand a chance for approval.

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Thursday, April 11, 2013

The Middle Class Is Broke and on the Verge of Bankruptcy Filing


As the mainstream media continues to talk up the economy, one fact can't be disputed, that disposable income for the middle class American family is becoming a thing of the past. The news continues to tell a story of how the real estate market is recovering and less Americans are filing bankruptcy, hence, a recovery. This is nothing more than a bunch of hogwash. All you have to do is to ask your friends, family members and neighbors how they are doing financially and everyone will complain about the tax increases and the costs of food at the grocery store. That's not even bringing up gas prices. The government would like you to believe that gas prices go up and down based on what's going on in the Middle East.

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Sunday, April 7, 2013

Filing Bankruptcy Is Not Just for Poor Folks


In the past, filing bankruptcy has had a stigma that it was for losers, the poor and unscrupulous people who don't want to pay their bills. If this was true, many government officials, movie stars and corporations must fit this bill or the stigma is a myth. I believe creditors are the ones that have spent a lot of time and money perpetrating a lie about bankruptcy filing. The creditor knows that when a person files their bankruptcy petition, the automatic stay will go in place and they will no longer be able to contact the debtor. This is a pretty powerful statement. They also know that for those filing Chapter 7 bankruptcy, they most likely will receive nothing after the bankruptcy discharge. There are no limits to how much a person can wipe out in the bankruptcy filing. Prior to the financial real estate crisis in 2007 many Americans were flipping homes and leveraging themselves through the roof. When the bubble burst these folks got caught with their pants down and millions of dollars of liability were piled on top of them. In many cases they didn't have much to lose but didn't want to have a tax liability that might be put on them from the lending institutions for their deficiencies.

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Many Americans Believe They Will Be Filing Bankruptcy in the Next Few Years


This week, the Gallup poll came out stating that 65% of Americans believe that 2013 will be a year of economic difficulty. On the other side of the coin, only 33% thought the 2013 would be a year of economic prosperity. This has been a question that's been asked for many years coming into the New Year. The number of Americans that believe that economic difficulties are in the near future has not been this high since the early 1980s. Looking at this shows a more distressed view of the US economy than the media has been portraying. In a recent study it showed that the average American is only three weeks away from filing bankruptcy. This is because debt ratios now are so high and the majority of the middle class is robbing Peter to pay Paul while living paycheck to paycheck. Americans thought the worst was behind them after the real estate bubble burst in 2007. Bad decisions by the government have made the pain the consumer has felt for years to come. Instead of bailing out all the banks, they should have let them file bankruptcy like every average American would have to. Instead, they threw it on the backs of American taxpayer and obligated them to trillions of dollars of debt.

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Saturday, April 6, 2013

Should You Try to Do Bankruptcy Yourself?


Recently there have been many commercials on television and radio regarding do-it-yourself legal services. These services encourage you to save money on many legal filings and downplay the role that an attorney can play in helping you make the right financial or legal decisions. How does this apply to bankruptcy?

Well, deciding whether to file bankruptcy is one of the biggest decisions you'll ever made, obviously. You have to go through all of the facts of your particular situation in order to make the best decision possible. This has become more difficult in recent years due to the bankruptcy Reform Act that was passed in 2005.

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Thursday, April 4, 2013

Massachusetts and Nevada Have Differing Rules For Bankruptcy


People file for federal bankruptcy protection for many reasons. Some people file because they have run up hundreds of thousands of dollars in doctor's bills that they can't pay back. Other people file for bankruptcy protection because they can't afford to pay their credit card bills on time. When people face these situations they often elect to file for bankruptcy protection to eliminate debt loads.

To do this, consumers will often hire bankruptcy lawyers to help them consider their legal options. This happens because there are several viable bankruptcy options that can help consumers eliminate debt legally. These options are complicated to execute by yourself. Consumers quickly realize that it's a good idea to hire a bankruptcy lawyer to help with the process.

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Wednesday, April 3, 2013

Has The Definition Of Bankruptcy Been Changed By Congress?


With many people filing for bankruptcy, creditors and debtors alike have been asking the question, what is the true purpose of bankruptcy? Congress originally stated that bankruptcy was created to give debtors a "fresh start". Many people are questioning the true purpose of bankruptcy because of the large amount of changes to the bankruptcy code over the recent years. Recently, the Supreme Court stated that the reason for the 2005 amendments to the bankruptcy code were added to make sure that debtors would repay their creditors as much as they could afford.

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Bankruptcy Around the World


As with all aspects of a legal system, bankruptcy laws vary from country to country. The differences can be substantial. This article is written from the perspective of United States bankruptcy law. With a better understanding of bankruptcy systems around the globe, Americans can better understand their own bankruptcy codes and processes.

Like many areas of common law in the United States, American bankruptcy law is historically rooted in the bankruptcy laws of England. Although since that time the systems have diverged considerably, the American bankruptcy system can be understood as a parallel evolution of bankruptcy law in the English-speaking world.

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Tuesday, April 2, 2013

Can Creditors Bother Me After My Bankruptcy?


Life after bankruptcy can give you greater peace of mind than you've ever hoped for. No more late payments, threats to your property, or harassing creditor calls. You can finally enjoy your free time.

Your creditors are prevented from contacting you because of the automatic stay in your bankruptcy. Bankruptcy is a very powerful federal law and it prevents your creditors from discussing any debt with you that was discharged in the bankruptcy. Creditors are no longer allowed to send threatening letters, harass you by phone, or discuss the debt at all.

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Ramifications of Filing Chapter 7 Bankruptcy


Chapter 7 is a form of bankruptcy that allows debtors to have debts discharged through liquidation of non-exempt assets. In order to qualify for this debt-relief solution, petitioners must meet criteria established under the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).

Filing Chapter 7 can be advantageous to petitioners that qualify, but also presents with serious ramifications. The first step of filing bankruptcy involves hiring a lawyer. Finding lawyers is not as easy as it used to be because BAPCPA established regulations that hold attorneys responsible for reported information.

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Monday, April 1, 2013

Exempt Personal Property in Indiana and Washington Bankruptcies


By submitting a list or schedule of your exempt property in your bankruptcy proceedings you can protect certain elements of your personal property. That way you can keep it from the hands of creditors seeking to redeem it for value. The fear of bankruptcy, a fear that most financially responsible people experience, shouldn't be a crippling factor in financial decisions anymore. We can all survive filing bankruptcy and with a little luck and the right bankruptcy lawyers, nobody will have to give up everything.

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Keeping Your Property in Bankruptcy


Retaining Personal Property in a Bankruptcy Filing

As you are contending with an unmanageable debt load, there are a number of things that you must take into consideration. With each missed or late payment, your credit score and future financial stability are endangered. As debt collectors escalate their efforts to recover the money that you owe, it can have a negative effect on your physical, emotional, social, and professional health. Bankruptcy might have crossed your mind at this point, but you are concerned that you will lose your possessions as a consequence of a bankruptcy filing. This is, fortunately, a myth that has been perpetuated through intentional misinformation and accidental misunderstandings.

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Will Chapter 13 Bankruptcy Or Loan Modification Be Better to Save Your Home?


Getting protection from foreclosure is neither an easy nor a slow process. From the day you receive a foreclosure notice in Missouri, you typically have around 21 days to make a decision about your home. While you could have more time in Illinois, nothing is guaranteed when it comes to foreclosure. If you've done any research at all you've probably come up with two possible solutions: Chapter 13 bankruptcy in Missouri and Illinois or Loan Modification. So, which one is better?

Loan Modification has changed in the last year, and not for the better. A year or two ago, I may have recommended a loan modification for those who are in a temporary situation like a job change or small medical emergency that had adjusted their budget in the short term. But with the latest housing crisis and dismal performance of the loan modification, I'm not sure I would recommend it at all, for any situation. Even the biggest lender in America has only approved 4% of requests - leaving the other 96% to fend for themselves.

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