Is Bankruptcy the Answer?
If you have been out of a job for the last few months and are now faced with a substantial amount of bills that you have no idea how to pay, you may start entertaining the idea of filing for bankruptcy.
While many creditors will work with a person in hardship cases, some will not and at other times the amount involved is so much there is no alternative.
When the word bankruptcy is mentioned people instantly think of what is commonly known as Chapter 7, or relief from debt. There are two additional types – chapter 11, which is commonly used by businesses to adjust debts or reorganize, and chapter 13, which is another type of debt restructuring available to sole proprietorship businesses and individuals who do not meet the requirements for chapter 7.
In chapter 7 bankruptcy, there is no plan for repayment of debts as in other types. A bankruptcy trustee assesses your property and determines what may be exempt, such as a home, car, or property under a lien for which you wish to reaffirm the debt. Nonexempt assets, which could include any luxury items purchased on credit in the last 90 days or “spare” vehicles on which there is no lien, may be gathered and sold to pay a portion of the debt. The Bankruptcy Code allows debtors to keep certain “exempt” property and to use unclaimed equity in a home to essentially buy down the value of other nonexempt property they wish to retain.
To evaluate if you would qualify for Chapter 7 relief, assessors use a so-called means test which analyzes your average income for the past six months. If you are below your state’s median income, then you may qualify for chapter 7 regardless of the amount of your debt. However, those who took some form of credit counseling during the past six months or dropped out of a bankruptcy case voluntarily or were unable to comply with the requirements, will not be able to apply for Chapter 7 relief.
Since bankruptcy is a complicated case which necessitates tons of paperwork, it would be prudent for you to look for an attorney or firm specializing on bankruptcy based locally to work with you regularly online and by phone.
The case starts with an official petition, dates and a presentation of your financial statement in bankruptcy court. Once this petition is filed, creditors can no longer try to collect your debts, either through seizing property or filing suits. Any creditor found violating this hold order, even utility-shutoff, will be charged in contempt of court and ordered to pay you corresponding damages.
Even though bankruptcy seems like a win-win solution when you have creditors on the phone, there is definitely a huge downside to it. Nonexempt property will be sold to pay creditors, so you might lose a vacation home or family heirloom; it will become part of your credit history for 10 years as well as part of the public record; and the costs of bankruptcy itself can be steep and include court fees, trustee’s fees, consumer counseling and a financial education course, even without an attorney.
If you think that Chapter 7 would be the answer to your present predicament, then start evaluating yourself through the means test and compare your income with reference to the state’s income threshold. If you don’t pass the criteria, try and find other alternatives by communicating with creditors and debt counselors. If in case you’re still undecided, schedule an appointment with a lawyer immediately in order to help you better understand the process. When all the facts are in, the decision is now entirely up to you.
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April 25, 2012
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Posted by Jocelyn Kinder
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