File for Personal Bankruptcy

Archive for the ‘Personal Bankruptcy’ Category

The idea of filing for bankruptcy can be scary and confusing. It is not a decision to enter into without the proper information. You may have seen an advertisement for a Los Angeles bankruptcy attorney on television or on a website, and the idea of paying a few lawyer fees and having your debt wiped out may seem like magic. But before you decide to file for bankruptcy, you should educate your self about the process, and gain an understanding of what bankruptcy actually means. Here are some things to consider when deciding whether bankruptcy is the right decision for you.

Types of Bankruptcy

There are many different chapters of bankruptcy, including Chapter 11 (used mostly by businesses) and Chapter 12 (open to fisherman and farmers), but the two chapters most commonly filed by individuals are Chapter 13 and Chapter 7.

In Chapter 13 bankruptcy, the debt is not eliminated. Instead, the court comes up with a plan for repayment which they determine to be within the filer’s means. Credit is then rehabilitated by payments made through this court-approved plan.

Chapter 7 bankruptcy does wipe out most unsecured debt. However, there are certain types of debt not discharge-able through Chapter 7. These types of debt include:

Child Support

Spousal Support

Most Student Loans

Property Taxes

Income taxes less than 3 years old

Effect of Bankruptcy on Credit Score

The main disadvantage cited when cautioning individuals against bankruptcy of any chapter is that it stays on your credit report for up to ten years. Although this may deter some people, it is important to remember that if you are considering bankruptcy, your credit score is probably in pretty terrible shape as it is. If you think you can pay off your debts individually, or if they are close to falling off of your credit report, then the effect of bankruptcy on your credit score is something to take into serious consideration. However, if you are in a position where your credit score has no chance of improving in the next 10 years anyway, then this is not of much concern.

Bankruptcy Abuse Prevention and Consumer Protection Act

This law went into effect in October 2005, and changed some of the circumstances around filing for bankruptcy. At this point, a filer’s income is subject to a means test, which looks at the debt beside the individuals income, and determines whether the income falls below a median that varies by state. This decides whether or not the person qualifies for bankruptcy. Another change is that now, prior to filing, you must go through an hour long debt counseling session with a non-profit debt management agency, to explore all options for dealing with the debt

Other Methods of Filing

There are a few other ways to file bankruptcy besides contacting an attorney. Federal Bankruptcy forms are available for download, and you can fill them out yourself. Be advised, however, that this is not the best idea unless you have a strong knowledge of the ins and outs of bankruptcy laws. Some companies provide bankruptcy software, which works similarly to tax-preparation programs, guiding you through the process of filing. Another option is full online service, in which a paralegal prepares your forms. However, the online preparer is not a lawyer and can give no legal advice.

It costs $300 to file, and attorneys generally charge $1-2,000 in fees. Although you should do as much research as possible, and not enter into the decision lightly, it may be that bankruptcy is the best choice for you. If that is the case, it definitely may be worth the fee to have the guidance of an attorney. Explore all possibilities before making your decision.

Trying to find a Los Angeles Bankruptcy Attorney? You need to know about the various types of bankruptcy and what you should do. Make sure you talk to bankruptcy lawyers soon and find out your options!

Times have become extremely difficult. As many families face trying financial times from illness, losing their jobs, and having less money coming into the household, it is hard to make ends meet. Some of the luxuries we enjoyed have gone away and it is hard to meet financial obligations. This can cause added stress, worry, and grief. You do not have to let all of the weight lay on your shoulders. Thinking of bad debt consolidation options may be beneficial.

There is nothing much worse than having the phone ring constantly throughout the day from creditors. Ignoring the problem for sure will not make it go away. This is when you can stop and get your financial situation in order. Creating a true picture of who you owe and how much by listing them with the pertinent details will help a bad debt consolidation counselor grasp your situation.

Once the bad debt consolidation agent can evaluate your financial standing with your creditors they will understand how they can better assist you. If you do not know where to start in seeking assistance there are several companies that are licensed to help you and can be found on the internet. Do your homework and study how they work and how they have successfully helped others.

The first step a bad debt consolidation company makes is contacting the creditors on the list. This is their area of specialty and they will work hard at negotiating new terms to fit within your current budget.

Working diligently on your behalf most credit counselors are generally successful getting a new agreement for you. This is also dependent on how willing the people you owe the debt to are open for discussion.

Once this process is done, the bad debt consolidation program will compile all of the balances giving you one total amount owed with one monthly payment. The monthly payments are directed to the debt consolidation company until the balance is paid in full. They will disperse the funds to the creditors on your behalf to get you debt free.

There are different types of credit counseling agencies. Many include a monthly handling fee in the payment you make. This is to cover the work they are doing for you and the maintenance. There are a few non-profit agencies that have counselors that provide advice and free consultation but the legwork will have to be done by you.

Layla Vanderbilt is the webmaster for a leading website that offers for debt consolidation advice and guidance.