For the benefit of those who have got no idea what this term mean, I will start by defining what exactly it is. Bankruptcy is a lawfully declared incapacity of an individual or organizations to pay their creditors or lenders at a given period of time. Creditors may file a bankruptcy plead against a debtor which is called -involuntary bankruptcy, in an effort to recover a section of what is due to them. Commonly, many bankruptcy cases, however, are initiated by the debtor called a voluntary bankruptcy that is filed by the insolvent entity or business.

Even though bankruptcy permit a debtor a way out of a violent cycle of debt, it should not be taken carelessly, and should be a means of last option. But in this particular article, I will concentrate more on the two main types of bankruptcy which is the chapter 7 and chapter 13 bankruptcies. They are widely used for personal bankruptcy individual, a debtor surrenders his or her non-exempt property to a bankruptcy trustee who then liquidates the property and distributes the proceeds to the debtor’s unsecured creditors.

Chapter 7 type of bankruptcy as straight bankruptcy is the favorite option for people with less or no property and a batch of unsecured debt. It is a liquidation bankruptcy implicating that the court will trade any non-exempt assets you have to pay your creditors and irrespective of the quantity paid, release that debt. The debtor will not be granted a discharge if he or she is guilty of certain types of unsuitable behavior such as concealing records concerning his financial condition.

Similarly some debts such as spousal hold up, student loans, some taxes will not be discharged even though the debtor is usually discharged from his or her debt. Many individuals in financial distress own only exempt property like household goods, an older car and will not have to give up any property to the trustee. The amount of property that a debtor may let off varies from state to the other. Chapter 7 type of a bankruptcy, relief is available only once in any eight year period. Generally, the rights of secured creditors to their collateral continues even though their debt is.

Chapter 13 type of Bankruptcy, from time to time called the wage earner’s plan, or reorganization bankruptcy, is quite different from Chapter 7 bankruptcy which swab out most of your debts. In a Chapter 13 bankruptcy, you employ your income to pay some or all of what you are obligated to your creditors over time which is proximately anywhere from three to five years, depending on the size of your debts and income.

These debts must also be non-contingent and liquidated, meaning that they must be for a certain, fixed amount and not subjected to any conditions. Secured creditors may be entitled to greater payment than unsecured creditors. When preparing to enter bankruptcy, ensure you check as many personal bankruptcy online services as likely, where you will get advice on the type of bankruptcy best suited to you. Generally there are six types of bankruptcy but these two are the key ones.

Poly Muthumbi is a Web Administrator and Has Been Researching and Reporting on Debt for Years. Visit Her Site at TYPES OF BANKRUPTCY



Thanks to Poly Muthumbi for contributing this article to our Bankruptcy blog:

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In the United States, federal bankruptcy was designed by congress as a relief measure to persons or organizations who are financially distressed. In other words, in the face of insolvency, an individual or organization can find relief against their debt obligations in federal bankruptcy.

Chapter 7 of the federal bankruptcy code provides for the appointment of a trustee for the liquidation of assets of the debtor for orderly distribution to the creditors. When a debtor’s assets are being liquidated, federal bankruptcy code requires that this should be subject to certain exemptions.

Federal bankruptcy exemptions determine how much property a debtor can keep when they file for Chapter 7 bankruptcy and also the category of items. One of the schedules in a debtor’s petition under the federal bankruptcy code is the schedule of exempt property. In essence, Federal bankruptcy law provides that creditors cannot claim certain properties of a debtor.

In the same manner, the debtor cannot be discharged of some debts. In some states, state exemptions are different from federal exemptions (in the United States). Although each state is permitted by law to adopt its own exemption law, certain states allow Federal bankruptcy exemptions and so a debtor may choose to abide by the federal list of exemptions or by that of their home state. But overall, the state decides which exemption is upheld in a bankruptcy court within that jurisdiction. This underscores congress goal to offer protection to financially distressed individuals or organizations. Married couples may double all exemptions under federal bankruptcy code.

Bankruptcy is something that could happen to anyone. Even big organizations do lose their shirts. Since bankruptcy is something that could actually happen to anybody, our laws provide safety nets for people, municipalities and business entities that have financial difficulties. Chapter 12 Bankruptcy deals with family farmer or fisher folks, Chapter 11 Bankruptcy deals with business reorganization, Chapter 9 talks about municipalities while Chapter 15 focus on ancillary and cross-border cases. Although there are many types of bankruptcy, only two of these types of bankruptcies actually concerns individuals like you. Chapter 7 and Chapter 13 Bankruptcy tell you how you van dissolve you piles of debts.

According to a study in 2007, on the rate of federal bankruptcy and state bankruptcy, businesses are embracing proceedings under state laws rather than federal bankruptcy laws because proceedings under the former is faster, less expensive and more private.

In view of this, the debtor should endeavor to compare Federal bankruptcy exemptions with their states exemptions using the guidance of a solicitor when filling their bankruptcy forms.

Filing Fees For Bankruptcy

Filing for bankruptcy entails some expenses. Just because you are broke that does not mean that you are exempt from court filing fees. However, the good news is that filing fees for individuals are very much lower compared to those filing fees imposed on businesses. For instance, where businesses filing under Chapter 11 Bankruptcy are required to filing fee in the amount of $ 1,039, individuals who are filing bankruptcy under Chapter are only required to pay $299 while those who are filing under Chapter 13 gets to pay $274. Family farmers and fisher folks also get to pay lower fees compared to big companies. Under Chapter 12 Bankruptcy these people are only required to pay $239. Sounds complicated? Not really. If you have experts to guide you through bankruptcy filing and the proceedings that will follow thereafter, you will get through the whole thing without a snag.

No matter the route you choose, guidance and information is very essential. Bear in mind that bankruptcy is not a panacea to financial indiscretion but an opportunity to start afresh and making use of the lessons learnt pre-bankruptcy.



Thanks to Legal Helpers for contributing this article to our Bankruptcy blog:

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You just graduated from law school and are now ready to make money while helping people resolve their legal problems. You decide that you will partake in the bankruptcy niche, since that area of law seems to be in high demand, especially considering all the foreclosures that are happening. You put some ads in the paper and acquire a few clients. But you want to get more without breaking your budget. The best way to do this is to look into buying bankruptcy leads.

What are bankruptcy leads and how do they work? Bankruptcy leads contain information relating to people who are considering bankruptcy or may have already filed bankruptcy. The latter won’t do you much good unless you’re offering a service that can help rebuild credit. So, your best bet involves looking into the first option, which allows you access to ‘true’ bankruptcy leads. These are the individuals that are basically ready to file bankruptcy to avoid legal consequences, whether it’s a lawsuit, wage garnishment or foreclosure.

Bankruptcy leads can come in a variety of forms, ranging from a list of emails to a collection of addresses. Most companies offering bankruptcy leads tend to provide them in the form of addresses, since there’s a lot of controversy surrounding bulk email campaigns. This means that when you build up your bankruptcy mailing list, you’ll probably have to use direct mailing to advertise to your potential clients.

Of course, this doesn’t mean that the leads within your bankruptcy mailing list can’t convert for email marketing. In fact, this can be an excellent way to ensure your bankruptcy leads will eventually take advantage of your services. All you have to do is create an informational e-book explaining how bankruptcy can free a person of their financial problems. Such an e-book can explain: the legal consequences of avoiding debt, how Chapter 13 bankruptcy can avoid foreclosure and how bankruptcy doesn’t mean the end of a person’s credit history. From there you create a website. This website should promote your services as well as the free e-book you’re offering. Don’t forget to advertise this website when sending out flyers to those on your bankruptcy mailing list. They will want to visit the website because they would be getting a free e-book. But before you allow them to access the e-book, make them provide at least an email address and their first name. It is through this email address you will send them e-courses further explaining the benefits of filing for bankruptcy.

So, what can you expect to pay if you build a bankruptcy mailing list through bankruptcy leads? It will depend on how many leads you buy as well as the company you buy them from. Usually, you can get thousands of bankruptcy leads for a few hundred dollars. Of course, you will still need to pay for your direct mail campaign as well. If you use a professional service to conduct your campaign, expect to pay several thousand dollars. But if you do it yourself, you really will only have to worry about the cost of stamps, printing cartridges, envelopes and paper. If you’re a beginner at direct mail marketing, don’t be afraid to advertise in a simpler way to the individuals on your bankruptcy mailing list. It may be a bit more crude, but you don’t need fancy postcards or circulars to get people to respond.

Disclaimer:This blog or article is for information purpose only, and should not be treated a professional advise or price protection guarantee. This blog is mainly used for search engine optimization and other commercial purposes and it is advised that readers seek professional consultation in the field of interest for more information.



Thanks to Black Book Data for contributing this article to our Bankruptcy blog:

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you file bankruptcy, it is a good idea to look into other alternatives if at all possible. New bankruptcy laws make it more difficult to file than it used to be.

Why Has Filing For Bankruptcy Doubled?

From the period of 1994 to 2004, filing for bankruptcy has doubled. Bankruptcy filing has spun out of control with consumers being targeted with easy credit. This has become a major cause for bankruptcy cases.

New Bankruptcy Laws?

There is now a new law for bankruptcy that was passed called the “Bankruptcy Abuse Prevention and Consumer Protection Act”. People struggling to pay their credit debts are now going to have to deal with this new bankruptcy law.

Bankruptcy Can Stay On Your Credit Report For 10 Years

Filing for bankruptcy can be on your credit for up to a decade. It’s a good idea to look into alternatives for bankruptcy. Buying anything on credit can be a real challenge for many years after you file bankruptcy.

Alternatives To Filing Bankruptcy

Contacting creditors is an alternative to bankruptcy. Instead of filing for bankruptcy, you work out payment options with your creditors. In many cases they are very willing to work with you. It’s to their advantage to keep you as a customer. The creditors know the alternatives for bankruptcy will bring them more profits if you don’t file for bankruptcy.

Getting a debt consolidation loan is a good alternative for bankruptcy. Financial services can combine all your debts into one loan payment every month. A consolidation loan as an alternative for bankruptcy, can help pay off debts. For bankruptcy consolidation loans, you can shop online for the best terms and rates. Lenders are very competitive to earn your business online.

You may also consider a debt workout for bankruptcy alternatives. With a debt workout, an attorney contacts your creditors and makes arrangements. In most cases the monthly payments will be less than if the credit account was settled in full. For some cases they want the payment in full, but over a longer period of time than originally stated on the credit agreement.

Bankruptcy alternatives are a good idea to consider, before you rush off to file for bankruptcy. If you look into some of these alternatives, at least you will know you tried your best to avoid bankruptcy. Having bankruptcy on your credit report for 10 years can be a long time.

How To Find A Bankruptcy Lawyer?

If you have decided there is no alternative to filing bankrupty,you may be asking yourself, “how do I find a good bankruptcy lawyer? The best way to find a good bankruptcy lawyer is through referrals. Family members and friends who filed bankruptcy in the past can refer you to a good bankruptcy lawyer. The yellow pages in a phone book is another great place to find reputable bankruptcy lawyers. Another invaluable place to find a good bankruptcy lawyer and services in on the Internet. When you search for a lawyer, try to find a lawyer that deals with your type of bankruptcy. You can get free advice with the first meeting.

Is The Law Firms Bankruptcy Lawyer Experienced?

Find out if your type of bankruptcy case is right for the law firms lawyer. Has the bankruptcy lawyer handled similar cases in the past? Take time to look over the alternatives to bankruptcy with your lawyer. There may be a way out of bankruptcy. A good bankruptcy lawyer can give you free advice on what chapter bankruptcy you should file. Bankruptcy lawyers will have you fill out a bankruptcy evaluation to see what is right for your debt and financial situation. To save yourself from wasted time and frustration, discuss in detail, options available to you with your bankruptcy lawyer.

What Information Will I Need For A Bankruptcy Lawyer?

With your first visit, it’s important to bring everything you can on the first consultation. You will need a list of all the creditors and how much you owe for your bankruptcy lawyer to consider. This includes any insurance, medical bills, auto loans, taxes, student loans and any personal loans. Your bankruptcy lawyer can give you the advice you need with this important information. This will make the filing process easier if you do decide to file bankruptcy.

Thanks to Dean Shainin for contributing this article to our Bankruptcy blog:

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Many people are not sure if they should file bankruptcy or allow a foreclosure. This is not a decision which can be made easily, and is really not a straightforward case. A mortgage lender will file a foreclosure action when it is not paid its monthly mortgage payments. The only way to stop this from occurring is to pay the mortgage lender.

Understandably, most people do not want to have their car repossessed, so they make their car payments on time every month. If a person does not make their mortgage payments, they face the loss of their home through foreclosure.

Bankruptcy is a legal action filed by someone who cannot pay his debts. This action stops all civil proceedings against the debtor while the debtor is in bankruptcy. As a result, the mortgage lender is incapable of immediately continuing their foreclosure, or any other legal action. On the other hand, a mortgage lender can get around this by filing for a relief from automatic stay and proceeding with their action once the stay has been granted. Essentially, bankruptcy will not stop foreclosure, and will not allow anyone to keep a home without paying the lender. Slowing down the legal process is all that bankruptcy can achieve.

Occasionally, however, foreclosure is prevented through bankruptcy, as the latter gives person additional time in which to pay the lender and usually makes the paying easier. Bankruptcy makes a mortgage lender pause in their foreclosure efforts, and a debtor has a little extra time to raise the money.

Through bankruptcy, many unsecured debts are eliminated completely, and a person who is in debt will frequently find that they have money to pay their mortgage payments with that they didn’t before bankruptcy. A chapter 13 bankruptcy allows the debtor to pay the mortgage over a period of time through a court ordered payment plan.

However, not everyone qualifies for filing of bankruptcy in the first place, and those that do must pay sufficient legal fees. Legal bills can be quite high, and high enough that they outweigh the costs of catching up with the mortgage. Anyone considering bankruptcy to prevent foreclosure should discuss it with a lawyer. No one should attempt a complicated legal process like bankruptcy without legal aide. This article is only intended to give general information, so for more detailed information, contact a lawyer in your state.

A bankruptcy lawyer is there to represent and protect his client during the bankruptcy process which can be an extremely stressful time for many people. As the changes in the law have meant that filing for bankruptcy is now more time consuming, it means that a number of people have found themselves struggling with the process. Although the amendments to the bankruptcy law are designed to eliminate the time wasters, no other real changes have been made.

Some States also have additions to the federal code but your bankruptcy lawyer will be able to inform you about these and how they will affect your bankruptcy period. The Insolvency law is designed to protect certain things like your house and car. Very soon after you have filed for bankruptcy, you will begin to get credit offers and you will want to exercise great caution in deciding which offers to accept, and when to accept.

You will notice within a short period of time after your bankruptcy has been filed that applications for credit are already forthcoming.. What this means is that within a relatively short space of time after you become bankrupt you will start receiving credit applications but at this stage you must be very careful. This is the reason why not long after you have been made bankrupt, a whole host of companies offering credit will start contacting you, but you must be very careful at this time.

To prove this point, your lawyer should warn you about certain financial companies that contact bankrupt people and offer credit. Extreme caution is required here.

It is not because the individual is a failure looking for an easy way out of his debts as the credit companies would like you to believe. Bankruptcy is generally seen as a last resort, but as legislation continues to add changes, it will become harder for individuals to apply for bankruptcy. While there are obviously some people that want to take advantage of the bankruptcy protection system, your bankruptcy lawyer will assure you that you are just a victim of bad luck who is being given a second chance.



Thanks to Miarti Tal for contributing this article to our Bankruptcy blog:

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