In fact, taking a close look at bankruptcy alternatives might make you think twice about filing bankruptcy. Bankruptcy should be used as a last resort as it can be extremely frustrating, and it creates long term damages on your credit. Plus- even though you are filing bankruptcy to get out of debt problems, bankruptcy is not free. You will need an attorney and they will require an upfront payment before proceeding. Depending on where you live, filing bankruptcy can cost anywhere between $500 and $1,500.

You will also need to consider whether or not your debts are the type that can be removed in a bankruptcy. Not all debts can be wiped out by filing bankruptcy. Child support, student loans, alimony and taxes are all debts that must be repaid, and can’t be removed from your responsibility through filing bankruptcy.

If you do file bankruptcy, it will stay on your credit history for ten years. Having a bankruptcy on your credit report will make it difficult if not impossible to get loans or credit cards – and any financing you are able to obtain will have extremely high interest rates because you are classified as high risk. In essence bankruptcy should be considered to be a 10 year sentence – and if you could reasonably pay off your debts within 10 years you may want to consider paying them off instead of filing and then dealing with the repercussions of it later on.

Bankruptcy Alternatives

Before filing bankruptcy, you should first try to negotiate settlements with your creditors. A debt settlement is when a creditor agrees to accept less than the total amount owed and consider the account paid in full. It is often marked as “settled” on your credit report which is not as good as “paid as agreed” but it is certainly better than filing bankruptcy. What you need is time to get back on your financial feet and that is what a settlement process will provide you.

Your final alternatives to bankruptcy involve making a detailed, strict budget in which you will have to live. It would be a new way of life, most likely, and involve reducing your expenses to the bare minimum (perhaps moving to a less expensive home, skipping cable television and all unnecessary expenses, reducing utility usage, etc). It would involve increasing your income by getting a new job or a second or even third job in order to get more money to pay off debts.

Think of it this way – you could file for bankruptcy and have financial troubles for 10 years afterwards; or you could get serious about paying off debts and build your credit score and history while repaying in half the time.

Related posts:

1. Filing Bankruptcy And 3 Helpful Alternatives To Eliminate Your Debt
2. What you Must Consider Before Filing Bankruptcy
3. Bankruptcy for Businesses: Benefits, Pitfalls and Alternatives

Chapter 7: Liquidation Bankruptcy & the changes under the new law

It would be very harder for some people to file bankruptcy now. Especially with higher income level category they are now no longer allowed to use chapter 7. They need to pay partial amount of their debt under chapter 13. Before filing a bankruptcy case all the debtors have to undergo for the credit counseling, budgeting and the debt management.  This law imposes on the lawyers too so it is very difficult to find an attorney to represent the bankruptcy case. Following are the changes in the Bankruptcy Law –
•    Under the old law many filers can choose the type of bankruptcy. Most of them were choosing Liquidation (Chapter 7 – Bankruptcy) over Repayment (Chapter 13 – Bankruptcy) because they proved beneficial for most of them. But under the new law, it would not be the case for the higher income group filers, the new law has prohibited from using chapter 7 bankruptcy for them.
•    Now the question arises about how you will define your income is high for filing under the bankruptcy. Under the new rules, the first step is to figure out your monthly income against the median income for a household for your size in your state to file in the chapter 7 bankruptcies. If it is less than that then you can file under chapter 7 and if it is not then you have to pass the means test. Another clause or the law in order to file for chapter 7.
•    The means test is to be done to calculate your disposable income and to see whether you have enough disposable income after deducting your expenses, debts, payments under chapter 13. If your income is high up to a certain limit  after deducting your expenses, debts and all then you are not eligible for chapter 7 and if it is less than the certain amount then you can file under chapter 7 bankruptcy.
•    Now the next step is the counseling from the approved agencies by the United States Trustee’s Office about the credit & debt counseling. Purpose behind this counseling is to see and give an idea about your need to file for bankruptcy.

Counseling is required even if it’s a repayment plan or for the debts that you are facing and you do not want to pay. If the agency come up with a repayment plan the agency proposes and you agree on that propose then you can submit it to the court along with the papers that you have completed the counseling process. Towards the end of your bankruptcy case, you will have to attend the last counseling session to learn about the personal financial management. After submitting the proof to the court you fulfilled this requirement.

These are the new changes in the bankruptcy law. There are other changes that can affect bankruptcy filers negatively. In short, debtors are at more risk of having their property taken and sold by the trustee or the authenticated person.

Related posts:

1. Understanding Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Chapter 11 Bankruptcy
2. Understanding Chapter 13 Bankruptcy
3. Chapter 7 Bankruptcy: Liquidation Or Straight Bankruptcy

A bankruptcy lawyer specializes in the laws as they pertain to filing bankruptcy. However, not every lawyer is versed in the laws of your particular state. That is why it is very important to go with a local lawyer who is familiar with the bankruptcy laws of your state. The laws can be considerably different from one state to another. So make sure that the lawyer you choose not only has experience working in your state, but is licensed to work with cases in your state as well.

When choosing a bankruptcy lawyer it is important that you feel comfortable working with him or her. Filing bankruptcy is a very emotional and life changing experience. Therefore, you will want a lawyer that understands what you are going through. An experienced bankruptcy lawyer will know exactly how to handle any of your concerns or fears. One of the best ways to get a feel for your lawyer is to interview him or her. Be sure to ask plenty of questions so that you have a complete understanding where he or she stands on certain matters. Also, be sure to ask what their success rate is and if he or she has handled cases similar to yours before.

When filing bankruptcy, your budget will be a key element. Therefore, you will want to make sure you have a full understanding of any and all fees your lawyer will be charging. Generally speaking, a bankruptcy lawyer charges a sizable fee for his or her services. You will be responsible for paying for the actual bankruptcy, which varies depending on what type you file for. Chapter 7 bankruptcy runs around $300. Then, your lawyer will charge approximately $1000 to $2000. If the fee is too high, you will want to consider another lawyer. But keep in mind that legal services are going to cost something, and it may be to your advantage to pay a bit more for an excellent lawyer, rather than paying much less for a bankruptcy lawyer with far less experience.

Picking a reputable bankruptcy lawyer is crucial to the outcome of your case. Therefore, you do not want to choose a lawyer at random. Picking a lawyer blindly out of the phone book could have a negative impact on the overall outcome. When choosing a lawyer, ask family and friends for recommendations. Although they may not have personally filed bankruptcy, they may have another friend who can recommend someone. So be sure to ask around. If you cannot find a personal recommendation, you can check with the Better Business Bureau to see if they have had any negative feedback on a lawyer you are considering.

Do not pick out a bankruptcy lawyer at the last minute. Be sure to do some advance planning and research. Otherwise, if you pick a lawyer at the last minute you could end up with a lawyer who is not experienced in the area you need or whom you do not feel comfortable working with.

No one likes to admit that they need help. However, when filing bankruptcy it is essential that you work with a lawyer who specializes in the field of bankruptcy. He or she can help make the overall process a lot smoother and easier. With the laws that are in place today, it is vital that you have an experienced lawyer who has a full understanding of the laws and can help you through the bankruptcy process.

Related posts:

1. Bankruptcy Attorney
2. Finding a Dependable and Professional Bankruptcy Lawyer
3. The Importance of a Good Bankruptcy Attorney

Chapter 7 bankruptcy is also referred to as liquidation bankruptcy. It will rid you of your outstanding debts, but the court may force you to liquidate some of your assets in order to satisfy your creditors. Chapter 7 bankruptcy will cost you about $299 between filing fees and paperwork, and will take between four and six months to be completed.

Chapter 7 bankruptcy typically only requires one visit to the courts. Most of the time you will be ordered to take a credit counseling course that is endorsed by the United States Trustee. Be aware that the laws concerning bankruptcy and the various types vary from state to state, so make sure you and your bankruptcy attorney are very familiar with the way bankruptcy law works in your state.

Not everyone is able to file for chapter 7 bankruptcy. If you have had a bankruptcy discharged in the last six to eight years, you may not be eligible to file a chapter 7 bankruptcy. The courts will also review whether you might be eligible to file a chapter 13 instead. This is a repayment plan instead of completely canceling the debt. This is based on things like your income, debt load, and expenses.

New rules dictate exactly what guidelines should be used when determining whether someone has enough income to repay their debts or not. If you are a disabled veteran and your debts were racked up during active duty or your financial burdens were due to a business loss, you are more likely to be able to file a chapter 7 bankruptcy.

Chapter 13 bankruptcy differs from chapter 7 bankruptcy quite a bit. Chapter 13 is a reorganization plan for people who want to pay off their debts over a period of three to five years. Usually the people who choose this option are ones who have assets that are not exempt under chapter 7 bankruptcy rules. People who choose chapter 13 must have enough income to cover their living expenses and enough left over to pay on their debts.

Chapter 11 bankruptcy is used primarily by large businesses to reorganize their debts and pay their creditors. The debtor must come up with a plan and get it approved by the creditors. If they cannot get it approved, they can try to force it through the courts anyway. However, the success rate of this type of bankruptcy can be as low as 10%. This is not a bankruptcy option for consumers.

Chapter 7 bankruptcy is most appropriate for those individuals who have overwhelming amounts of debt and do not have sufficient income to repay those debts. You can keep some assets, but some possessions may need to be sold to help pay back your debt. Once you file the papers, the courts will decide whether you are eligible for a chapter 7 bankruptcy or if a chapter 13 is feasible. It is a fairly quick process and will help end collections harassments.

Related posts:

1. Understanding Chapter 13 Bankruptcy
2. Changes in chapter 7 & 13 in the New Bankruptcy Law
3. Chapter 7 Bankruptcy: Liquidation Or Straight Bankruptcy

What Is Chapter 7 Bankruptcy

Chapter 7 bankruptcy is the option for the debtors to get rid of all the debts that they owe to various creditors. In this method, the bankruptcy court appoints a trustee to liquidate all the assets of the debtor and settle the claims of the creditors with the money thus collected. The advantage to the debtor is that he or she is now responsible to pay as much debt as is the value of their assets. They will not have the obligation to repay the debts that could not be paid with the money collected from liquidation of assets.

That is the reason most people who have caught themselves in too much debts to be paid off with the means and assets available to them look at chapter 7 bankruptcy as an attractive option. It provides them an excellent opportunity to give their financial life a fresh start with no obligation to repay the debts they owe.

Is Chapter 7 Bankruptcy Easy To Be Granted For The Debtors

Whether or not the chapter 7 bankruptcy is easy for the debtors depends upon the specific bankruptcy case. However, in order to prevent bankruptcy frauds, the bankruptcy laws require the debtors to go for a Means test before they are declared as bankrupt. The objective of the means test is to compare the debtors monthly income to that of the states median income. If the debtors monthly income is greater than the state’s median income, he or she is not granted bankruptcy under chapter 7.

Rather they are asked to file for bankruptcy again under chapter 13 where they will be suggested a repayment plan to pay off the debts along with the opportunity to reorganize their finances under the expert guidance of the trustee appointed by the bankruptcy court. Therefore, it is very important for you to check out everything before you file for chapter 7 bankruptcy. I must add that converting the bankruptcy claim from one type to another will require you to pay the conversion fees, which is substantial in nature.

Therefore, the prudent way is to let your bankruptcy attorney be aware of all the facts so that they could help you find the best possible solution.

Related posts:

1. Understanding Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Chapter 11 Bankruptcy
2. The Chapter 7 Bankruptcy Law – the Pros and Cons
3. Changes in chapter 7 & 13 in the New Bankruptcy Law

The US Code sets forth debt limits for individuals to be eligible to file under Chapter 13 –

Unsecured debts of less than $336,900 and secured debts of less than $1,010,650 subject to annual cost of living increase (secured debt gives a creditor the right to take a specific item of property like home or car. Unsecured debt is a credit card or a medical bill).

Under Chapter 13, the debtor plans to pay his creditors over a period of three to five year. During this period, his creditors cannot attempt to collect the individual’s previously incurred debt except through the bankruptcy court. The individual keeps his property and its creditors get less money than they are owed.

The most important criterion for an individual to be able to file for chapter 13 bankruptcy is that the person must have a regular income. The bankruptcy-filing petition must be accompanied by the proposed payment plan to provide the payment of all priority claims. Priority claims are those claims that are given a special status under bankruptcy law such as taxes and the cost of bankruptcy proceedings. If the person is unable to complete the priority plan due to serious illness or loss of job, it can ‘justly be held accountable’. If the debtor fails to keep up payments as per the plan, the bankruptcy court may terminate chapter 13 to dismiss the proceedings entirely resulting in collection efforts resuming as before.

A chapter 13 plan is a document filed with or shortly after a debtor’s chapter 13-bankruptcy petition. The plan gives a detailed report of the treatment of debts, liens and secured status of assets and liabilities owned or owed by the debtor in connection with his bankruptcy petition. It has to meet certain requirements like unsecured creditors will receive as much through the chapter 13 plan as they would in chapter 7 liquidation, repay all creditors in full or commit all of the debtor’s disposable income to the chapter 13 plan for at least three years.

Working of Chapter 13 bankruptcy: to keep all of their property, the court approves a new interest free plan for repayment. A written plan is formed to give details of all the transactions that might occur and also the duration. Repayment must begin within 30 to 45 days after the starting of the case. The creditors must strictly adhere to the repayment plan approved by the court and are banned to collect any claims from the debtors. The debtor’s Attorney will prepare the repayment plan.

Advantages of Chapter 13: The advantages of chapter 13 over chapter 7 are: the individual can stop foreclosure and have a mortgage upon bankruptcy plan completion, achieve a super discharge of debt kinds not dischargeable under chapter 7 and value collateral to diverge the security interest of creditors where creditors either charge too much interest or are over secured or both and to prevent collection activities against non filing co-signers. Another advantage of Chapter 13 is that repayment can be created even if creditors disagree with it as long as the court approves it.

Disadvantages of Chapter 13: The main drawback of filing personal bankruptcy is that a record of this stays on the individual’s credit report for ten years. During this period, the debtor is not allowed to obtain additional credit, without the bankruptcy court’s permission.

Since chapter 13 bankruptcies require to use the person’s income to repay some of the debts it is necessary to prove to the court that he or she can afford to meet the payment obligation – if the income is irregular or too low, the court might not allow to file the chapter 13. Before filing for bankruptcy it is necessary to receive credit counseling from an agency approved by the United States Trustees’ Office.

Related posts:

1. Understanding Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Chapter 11 Bankruptcy
2. Chapter 7 Bankruptcy: Liquidation Or Straight Bankruptcy
3. The Chapter 7 Bankruptcy Law – the Pros and Cons

A law forum that deals exclusively in bankruptcy and debt consolidation is better equipped to deal with both chapters 13 bankruptcy and chapter 7 bankruptcies. The yellow pages are a helpful source to find bankruptcy attorneys who are categorized by their field of specialization. Another way to find a qualified bankruptcy lawyer is by referral from those who are more familiar with the field and other attorneys who might make some helpful recommendations.

Due to the duty of confidentiality, the lawyer cannot share information about their current or past clients unless permitted to do so. Talking to close and trusted family friends who can guide the right direction might be of great help. This gives an insight into the lawyer’s competence. The attorney should be considerate about the client’s problem and make him feel comfortable. It is also necessary that the attorney is organized and punctual and work well together.

While the initial consultation is free, the client should honestly explain his or her situation to the lawyer and the lawyer should give a feed back on the situation and on the option thereon. While conversing with the lawyers, the client should find out how long he or she has been practicing the specifics of their specialization, number of cases handled by them approximately and expectation from the attorney in terms of representation. Also, it should be ascertained whether the attorney will personally attend the case or pass it on to a junior lawyer or staff. All such questions can be asked and the Attorney should make sure that the client is comfortable for appointing him or her as the bankruptcy lawyer.

Bankruptcy attorneys specialize in bankruptcy laws and provide legal methods to either wipe out debts by liquidating assets and distributing them among creditors or resolve them by developing a court approved reorganization plan. Bankruptcy lawyers explain the main purposes and application of bankruptcy laws and how they function to relieve the individual and business from indebtedness. A disclosure of all the financial affairs is extremely important in a bankruptcy setting. The lawyer should be kept informed of all the facts. In the worst scenario, failing to disclose information to the court could be a crime. Written documentation of debts and liabilities is important in bankruptcy setting. Bankruptcy lawyers usually specialize either as debtor’s counsel or as creditor’s counsel. Debtor’s counsel will usually charge a flat fee for a single bankruptcy. Creditor’s counsel usually charges on an hourly basis. For filing bankruptcy, hiring debtor’s counsel will hopefully be a one-time experience;

A lawyer may give alternatives as to what can be done and should discuss the possible consequences of each option. If the house is in foreclosure, the need to file a bankruptcy petition is imminent and therefore by the need of the meeting, there should be clear understanding of what has been accomplished.

Related posts:

1. Bankruptcy Chapter 7 & Helpful Tips For Finding An Effective Lawyer
2. How a Good Bankruptcy Lawyer or Bankruptcy Attorney Can Help you
3. Bankruptcy Law & Attorneys – Important Facts To Consider

All of these people could be candidates to apply for bankruptcy mortgages. However, seeking out a bankruptcy mortgage at a time when you are clearly the most financially vulnerable is nothing to be taken lightly. That’s why it’s very important that you seek advice from an independent broker that specialises in this bankruptcy mortgages first, like The Mortgage Broker Limited (TMBL).

Why would I need to look at bankruptcy mortgages?

After you have been made bankrupt, you may be discharged (freed from obligations under the bankruptcy order) after one year, although a bankruptcy will stay on your credit file for at least six years. Your credit file is held (but not determined) by one of three credit reference agencies in the UK; namely Experian, Equifax and CallCredit and lenders will refer to this file before agreeing to lend to you. Bankruptcy mortgages can be your only option during these years as mainstream lenders – that don’t offer bankruptcy mortgages – will not offer you a loan. Unfortunately, this is still the case if the bankruptcy occurred through no fault of your own; for example, your business folded or you got divorced.

How do bankruptcy mortgages work?

Bankruptcy mortgages are also known as ‘heavy subprime’ mortgages. In other words, they fall at the bottom end of the subprime spectrum; by contrast you could be at the top of this spectrum if you had just missed a couple of credit card payments.

What’s the difference between standard and bankruptcy mortgages?

The main point of difference between standard and bankruptcy mortgages is their cost. Depending on when you were made bankrupt and under what circumstances, bankruptcy mortgages can be eye-wateringly expensive – to the point where it may not make sense to get one. This is the kind of information a broker that specialises in bankruptcy mortgages can help you with. The other main difference is that – as you are a maximum risk in the eyes of the lender, bankruptcy mortgages may require a larger deposit than on mainstream deals, as well as come with some hefty upfront fees and restrictive tie-ins.

Where can I get bankruptcy mortgages?

Even if you wanted to search for bankruptcy mortgages yourself, you may find that many of the specialist lenders that offer them only accept applications through a mortgage broker. This is because lenders must be very careful to protect themselves when it comes to bankruptcy mortgages, and taking an application through a specialist broker like TMBL means the risk has already been assessed and the relevant information has been packaged appropriately. So, when it comes to bankruptcy mortgages it makes sense to go to a broker for access to deals and well as to get the best one available.

Related posts:

1. Fixed Rate Mortgages
2. Second Mortgage
3. Credit After Bankruptcy: The easy-to-follow guide to a quick and lasting recovery from personal bankruptcy

A competent bankruptcy attorney may handle your financial trouble smoothly, and may point out the advantages and disadvantages of filing after analyzing your crisis in details. You must appoint a reputable attorney who has in-detail understanding of the bankruptcy law. The hired attorney must also know the entire process of filing bankruptcy.

How to Find a Bankruptcy Attorney

You must take time to choose the right bankruptcy attorney for you. It is essential to find a bankruptcy lawyer who may explain you the process of filing bankruptcy clearly. Try to find an attorney who may help you to overcome the process easily. You must ask them to give you a list of fees they charge, and also what services they offer. This will help you to judge whether the bankruptcy attorney is right for you or not.

If you have doubt regarding which attorney to choose, you may take the suggestion of other attorneys to find the right bankruptcy attorney for you. Even a personal attorney may suggest someone who is skilled and experienced in the field of bankruptcy law. You can also visit bankruptcy courts if you get time. This will help you to understand how the process of bankruptcy functions, and will also give you a detail understanding of the type of person you must employ to fight for your case.

How a Bankruptcy Attorney Solves Financial Problems

Bankruptcy attorneys are familiar with the bankruptcy law and offer legal services for commercial businesses or individual to wipe out their debt problems. They liquidate the assets and distribute them among the creditors. They also resolve the financial problem by developing a plan which involves repayment of creditors from time to time.

Bankruptcy attorney explain the main purpose of bankruptcy laws, and also illustrate the way they function to help businesses and individuals come out of their financial crisis. They offer a new financial start and relieve men from indebtedness. Title 11 of U.S code regulates the proceedings of bankruptcy, including what bills may be eliminated, what possessions may be kept, how long the payments can be extended, and several other details concerning bankruptcy.

Related posts:

1. The Importance of a Good Bankruptcy Attorney
2. How a Good Bankruptcy Lawyer or Bankruptcy Attorney Can Help you
3. Attorney Liability in Bankruptcy

Since such banking practices were common in Italy, it has been suggested that the Italian words banco rotto, or broken bank, represents the true meaning of the term bankruptcy. Alternatively, some derive the word from the French banque, or table.

Finally, it has been possible to identify the origin of bankrupts from the ancient Roman mensarii or argentarii. They placed their tabernae, or table, or mensae in public places and conducted their business. Should they decide to flee with the money that had been entrusted to them, then all that would be left would be the sign marking the spot where they had conducted their business.

In 1557, 1560, 1575 and 1596, Phillip 2nd of Spain was forced to make public that four separate state banks were insolvent, and so Spain was the first country to declare bankruptcy.

In 1705, a statute was introduced into Anglo-American bankruptcy litigation. Accordingly, should a bankrupt make every effort to repay the outstanding debt, he would be rewarded with the discharge of the outstanding sums.

There is documentary evidence that bankruptcy was commonplace in the Far East. According to a law laid down by Genghis Khan, there was a clause that established the death penalty for anyone who became bankrupt three times.

Current Practices

In the past, for those businesses or individuals who found themselves in a position in which continued trading was not possible, there was little alternative but to close down.

However, things have moved on from this archaic and matter-of-fact treatment. The emphasis today is on restructuring the outstanding debt. This means that the original debt is reviewed in order to determine if there was any means whereby more favourable terms could be secured, so enabling trading to be maintained. In essence, therefore, the focus is on the remodeling of the financial and organisational structure of the debtors experiencing financial distress.

Bankruptcy fraud is classified as a crime. Under current laws relating to bankruptcy, typical common criminal acts include assets which have not been notified to the authorities, relevant documents which have been deliberately destroyed or withheld, various forms of conflict of interest, claims that have been knowingly misleading, false statements or declarations, and fee fixing or redistribution arrangements.

Where bankruptcy forms contain information that has been found to be false, this my lead to a charge of perjury, which is the act of lying or making false statements, that can be verified, on a material matter under oath in a court of law. Filing more than one petition for bankruptcy may not in itself be a criminal act, but it may well violate provisions of bankruptcy law.

In the U.S, laws relating to bankruptcy fraud are particularly focused on the mental state of the participant. Under established common law, the guilt or innocence of a person rested on whether they had committed the crime, and whether they intended to commit the crime.

Bankruptcy fraud is completely different from strategic bankruptcy, which itself may occur when an otherwise solvent company makes use of the bankruptcy laws for some specific business purpose. Although the latter is not designated as a criminal act, it may still act against the filer of the bankruptcy petition.

Bankruptcy – How To Succeed

Peter Radford writes Articles with Websites on a wide range of subjects. Bankruptcy Articles cover History, Role in Europe/US, Types, Prevention.

His Website contains a total of 39 Bankruptcy Articles, written by others and carefully selected.

View his Website at: bankruptcy-how-to-succeed.com

View his Blog at: bankruptcy-how-to-succeed.blogspot.com

Related posts:

1. Common Misconceptions About Bankruptcy
2. The Importance of a Good Bankruptcy Attorney
3. Understanding Bankruptcy to Handle the Process Better