Knowing When To File For A Bankruptcy


Typically, people hope to avoid bankruptcy, and the decision to file is not an easy one. You might feel ashamed or scared or have a wide range of emotions when making this decision. However, by avoiding a bankruptcy, you might end up in a worse situation than your current financial state. Sometimes bankruptcy is the best choice.

If you are considering taking money from your retirement account to pay unsecured debts such as medical bills and credit card debt, you might be better off filing for bankruptcy protection. The money in your retirement account is earmarked for your long term security. Do you really want to spend it on credit card debt? You can file for bankruptcy protection, keep 100% of your retirement money and receive a discharge which relieves you of the obligation to pay the credit card debt.

Are you considering walking away from your home because of a home equity line of credit that is out of control? What if you can file for bankruptcy protection and eliminate that debt by stripping the lien off your home and having the debt discharged? Are you considering paying a debt consolidation company or a debt settlement company to attempt to handle your out of control debt? Many of these companies can’t really help you, and their fees are very high, usually higher than the fee for an attorney to file for bankruptcy protection. These companies don’t prevent lawsuits from being filed, can’t assist you once a lawsuit is filed, and don’t do a good job in resolving your entire financial problems in one fell swoop like bankruptcy can.

Sometimes people consider selling off some of their property to pay unsecured debts. Some of those assets, however, very well might be exempt from bankruptcy, so you could still pay off your debt and keep the asset. A competent attorney can also help you transform them into assets that are exempt or even sell them and use them to help you cover expenses for your family instead of creditors.

Before you consider any of the aforementioned tactics or consider taking out yet another loan to pay your creditors, consider the effects of this stress. You might find that the stress could be damaging your marriage or your health or your relationship with your family. A free consultation from a Tempe bankruptcy attorney is definitely worth your time, and at the very least, you will have explored all of your options.

While bankruptcy is sometimes your best bet, not everyone needs to file for bankruptcy in order to improve their financial situation. A reputable attorney, one experienced in Tempe bankruptcies, can not only help you determine whether bankruptcy is the right decision for you but also what other options might be a better choice.

Emely Peight enjoys writing about bankruptcy issues. To get more Phoenix bankruptcy lawyer info or if you need a Phoenix bankruptcy attorney, please visit these bankruptcy sites now.

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What Is Chapter 13 Bankruptcy?

While there are many types of bankruptcy, Chapter 13 bankruptcies are often also called reorganization. Only individuals are allowed to file for Chapter 13, and not businesses. There are two types of individual bankruptcy, Chapter 7 and Chapter 13. A debtor opts for Chapter 13 typically because their situation falls into one of the four categories. One, the debtor’s income is higher than the limits of Chapter 7. Two, the debtor does not want non-exempt assets to be liquidated as they might be in Chapter 7. Third, the debtor wants to avoid car repossession or a trustee sale or foreclosure on their home. Lastly, the debtor wants to use the lien stripping provision of the bankruptcy code, which will be discussed in more detail in this article.

One of the basic principles of chapter 13 bankruptcy is the “best interests of the creditors test.” In general terms, the rule states that a debtor’s unsecured creditors are entitled to the greater value of the debtor’s non exempt assets or their disposable income for the applicable commitment period.

Determining which assets are exempt or non-exempt is a big part of the bankruptcy process. This is where a qualified Tucson bankruptcy attorney can be a huge help. Because Arizona’s exemptions differ from federal exemptions, you need someone who understands the revised Arizona statutes. You also need an attorney that can help you sort out all of your assets and determine which are exempt. For example, your home might be exempt, because Arizona has a homestead exemption that prevents creditors from taking your house, provided the equity is below $150,000. In addition, there is a $5000 vehicle exemption. If you are handicapped, the exemption is $10,000, and a married couple is allowed two vehicle exemptions of $5,000 each.

It will be paramount to determine your disposable income to ensure that you do qualify for Chapter 13 bankruptcy. Your disposable income is determined through legal means, the official bankruptcy form B-22(c). What this form states is that your income from all sources is added up and then standardized expenses are subtracted. These expenses are listed in IRS collections materials and include the costs of household necessities as well as your actual expenses. After subtracting this amount from your total income, this figure is multiplied by how many months your bankruptcy commitment period will last. This could be anywhere from 36 months to 60 months. This amount must be enough to satisfy the “best interest of the creditors’ test,” or you may not qualify for Chapter 13.

An advantage of Chapter 13 can be cram down and lien stripping. Cram down typically deals with vehicles and lien stripping deals with real estate. With cram down, you can qualify only if your vehicle was purchased more than 90 days prior to filing your chapter 13 bankruptcy petition. In addition, the amount you owe on the vehicle has to be less than its fair market value. If these conditions are met and you continue to pay the fair market value throughout the bankruptcy period, the lien on your vehicle will be considered satisfied when bankruptcy is over.

Lien stripping is also available in chapter 13 bankruptcy. It is usually utilized on the debtor’s primary residence. For the home to qualify, there must be more than one encumbrance (deed of trust, home equity line of credit or mortgage) on the property, and the fair market value of the property must be less than the amount owed on the first encumbrance. In this case, with the assistance of a competent Phoenix bankruptcy attorney, any lien holder after the first lien holder loses his status as a secured creditor and is treated as an unsecured creditor so long as the debtor successfully completes the chapter 13 bankruptcy plan. Chapter 13 bankruptcy is also used to prevent a trustee sale (foreclosure) on real estate and repossession of a vehicle. In general terms, here is how it works. The past due amount is divided by the length of the plan and added to the current payment. So if a debtor is $6000 behind on a house payment in a 5 year chapter 13 plan and his normal house payment is $1500/month, his payment would increase to $1600/month in order to pay the past due amount ($6000 / 60 Months = $1600) This strategy can also be used for vehicle delinquencies as well.

In the hands of a skilled Phoenix or Tucson bankruptcy attorney, Chapter 13 bankruptcy is a very powerful tool that enables debtors to achieve a fresh financial start. Most economists agree that allowing debtors to achieve a fresh financial start through bankruptcy is better than allowing creditors to take everything a debtor owns causing them to become dependent upon the state and ultimately the taxpayers for survival.

Emely Peight loves blogging about bankruptcy and finance issues. To get further Phoenix bankruptcy info or if you require a Phoenix bankruptcy attorney, please check out these bankruptcy sites today.

Are You Eligible for a Chapter 7 Bankruptcy?

A debtor must qualify for two different assessments in order to file for a chapter 7 bankruptcy. The bankruptcy trustee first applies the median/means test, averaging the debtor’s income over the previous six months. Under the requirements of Schedule J of the bankruptcy petition, the trustee also will analyze the debtor’s current income and compare it to the current expenditures. If the trustee determines that the debtor qualifies under both of these analyses, then filing for a chapter 7 bankruptcy is allowed.

The first part of this analysis, the median/means test, is a very straightforward look at the debtor’s income. Bankruptcy rules take several factors into consideration, including the county where the debtor resides and the size of his or her family. From here, the trustee determines the amount that the debtor’s gross income must be under in order to qualify for chapter 7 bankruptcy. If this income is under the allowable amount, the result of the means test is fulfilled. However, even if the income exceeds the allowed amount, the debtor may still be eligible via the means section of the test. The means test compares six months of the debtor’s expenses to six months of his income. If the latter is less than the former, this test is satisfied.

The bankruptcy trustee also determines eligibility under Schedule I and J of the bankruptcy petition. Where the median/means test is a more black-and-white analysis of the debtor’s financial situation, the analysis under Schedule I and J are more of a judgment call. The trustee looks to see whether the debtor has enough disposable income to make significant monthly payments to his or her creditors. If the trustee determines that the debtor does have sufficient disposable income, the debtor’s case will likely be dismissed by the court.

Consider this hypothetical example of Schedule J. The debtor filing for bankruptcy has a disposable income of $100 per month. The overall unsecured debt that would be eliminated in the bankruptcy would be $40,000. It is unlikely that a bankruptcy trustee would consider this small amount of disposable income as a large enough monthly payment to pay the unsecured debt in a reasonable amount of time.

In another scenario, suppose the same debtor with the same amount of unsecured debt had in excess of $500 of disposable income each month. The trustee is much more likely to determine that this larger amount could be used to make payments and eliminate the unsecured debt without resorting to bankruptcy. In this example, the case probably would be dismissed.

It is also important to note that bankruptcy rules only allow for certain expenses to be included on the Schedule J calculation. The trustee determines what, if any, other expenses can be included in the bankruptcy petition. If the trustee chooses not to include some of the expenses, it can increase the debtor’s monthly amount of disposable income. If this amount increases significantly, then typically you’ll find that the debtor’s case will be dismissed by the court.

Stephen Trezza has successfully handled thousands of cases, including filing many Phoenix bankruptcy cases. For further details regarding Phoenix bankruptcy attorneys, go to the FileBankruptcyinArizona website now.

Should You Hire A Lawyer?

There are a number of reasons why you may want to hire a lawyer, but the most important one is so that you can maximize your chance of success. Even a simple and seemingly “open and shut” legal problem can become incredibly complicated in a matter of moments. One wrong move or one overlooked filing of a paper can lead to a judgment against you. A ruling such as this could easily cost you hundreds (or even thousands of dollars) in fines, court costs and other penalties. Everyone wants to win and hiring an attorney is the wisest option available.

While many individuals understand the need to hire a lawyer to help if the issue is a major criminal offense such as B&E (breaking and entering), burglary, or criminal trespass, they do not often realize that a good attorney can help with even the most minor legal issues. Millions of individuals willingly pay hefty fines for DUI and other traffic tickets and never even stop to consider that a knowledgeable lawyer could probably help them get the ticket dropped or the fine reduced. If you hire a lawyer for minor traffic infractions you will have an excellent chance of winning the case, but you will never know what might have been possible if you just choose to plead guilty and “pay up”. You might think you know your rights as a citizen, but only a skilled attorney can properly guide you through the hoops and loops of today’s complex legal system.

Some people believe that they do not need an attorney if the issues at hand are very minor but this is not the case. The knowledge and answers that an attorney can give are worth the time, effort and cost. Even if you do plan to represent yourself in a small claim’s case you would benefit from hiring a lawyer to provide you with sound legal advice. Having the right advice and guidance really will make a difference in the outcome of a case whether it is being heard by a magistrate or being tried in front of a federal judge.

An accident can happen at a moments notice leaving loved ones left alone to deal with the tragedy. Insurance companies are concerned with protecting their interests and sometimes not the families left behind. A good Personal Injury lawyer is one who will put the interest of the victim and victim’s family first. Working diligently to make sure that a family member or injured party is fairly and properly compensated, is what a good Personal Injury lawyer strides for. Whenever the time arises and one is left feeling confused or bullied into making a decision, let the counsel of a competent Personal Injury lawyer stand up for the rights of the injured in the face of adversity. There are so many lawyers to choose from that it can become a daunting task to find the right one. There are some tips to use when seeking a good attorney. 1) Contact the local Bar Association for a referral list of lawyers that specialize in personal injury. 2) Once an attorney has been retained, follow the advice of the attorney and let the attorney do the job that he or she was hired to do. 3) Never sign any documentation or meet with the defendant’s representatives or insurance representatives without counsel being present.

Many insurance companies do not want to go to trial and will quickly settle out of court at times to the detriment of the injured party or injured party’s family. A Personal Injury lawyer will fight for the client to have his or her day in court, work passionately to uncover evidence and present it in court and tirelessly work to expose any impropriety that may prevent justice from being served. Anyone that has been in an accident should consult with an attorney to protect his or her rights from any miscarriage of justice. The legal system can be complex and intimidating to anyone not familiar with the system and the legalese (language) can be confusing and indivertibly cause a victim or victim’s family to sign away any legal rights he or she may have. Only a good Personal Injury lawyer with integrity and vigilance will go above and beyond the norm to ensure that the long term benefits will out way the short-term goals of the insurance companies and that’s to quickly settle. One should seek only the best Personal Injury lawyer to represent the interest of the victim.

Want to find out more about Civil Rights Lawyers, then visit www.civilrightslawyer.info on how to choose the best Personal Injury Lawyers for your needs.

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What’s Up With The Phoenix Housing Market?

Wondering what the deal is with Phoenix housing? What once was a hot market turned cold, and now seems to be in demand again.

You need to become familiar with foreclosures and short sales. You can find good deals on both types of homes for sale if you know what you are looking for and as long as you have done your homework.

Houses for sale in Phoenix will mostly fall in to one of these categories. The way that the sale of each is handled varies greatly.

Foreclosures are bank owned homes that the bank took ownership of after the previous owner failed to make the monthly payments on the mortgage. The bank has no interest in owning the home and wants to sell it as quickly as possible so that they may get back to lending money, their primary business.

Homes worth less than what is owed on the mortgage are called short sales. These require the mortgage holder to approve the sale. The problem is that there are a lot of variables in what the bank uses to approve the sale, and those seem to change with every deal. It’s tough for anybody to know exactly what the bank is looking for to get approval.

Foreclosures are the easier of the two types of homes for sale to buy because the bank is motivated to sell. The bank is being asked to take a loss in a short sale and may be hesitant to do so. The chance of a short sale you are interested in buying being approved is hard to know.

Your best chance of finding a great deal is to look at foreclosure houses in Phoenix first, and if you do not find anything, try foreclosures. With hard work and patience you should be able to get a nice deal on a great home at a stupendous price.

For more assistance with buying a Phoenix house for sale, be sure to check out Alfred’s site www.realestatehelpsite.com. There you can find valuable tips on how to buy a house in Phoenix for the first time home buyer.

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Are Phoenix AZ Foreclosures For You?

Investors have begun to actively purchase Phoenix, AZ foreclosures recently. Real estate investors have once again begun to actively seek out homes in Phoenix because prices have fallen so low.

Of course, investors were part of the problem that caused the real estate bubble and subsequent foreclosure crisis. Could following their lead today lead you astray?

Your course of action depends on why you are seeking Phoenix, AZ homes for sale. Will this house be a home for you or are you thinking of buying a home today to resell in the future for profit?

Great bargains can be found if what you want is a home to live in. Builders overbuilt homes in Phoenix over the past decade, and the resulting abundance of foreclosures has made prices drop below what it costs to build the same home today.

If you plan on living in a home for an extended period of time and do not expect that home to appreciate much over the next few years, then now would be a good time to buy.

With affordable down payment programs and decent interest rates, a first time home buyer loan can make it easily affordable to buy a home.

Things get less clear if you are an investor looking to buy a home. You would expect that home values will go up down the road, but it hard to tell if they will increase any time soon.

For the investor who is able to pay cash for a house, and have reasonable expectations on rates of return, homes can be a good investment. There is expected to be a strong demand for rental homes because many previous homeowners who lost their homes to foreclosure still need to live somewhere.

So the answer is it all depends on your goals and needs, and only you can answer that question.

Want to learn more about foreclosures in Phoenix, AZ then visit Keys2Jackson’s site www.realestatehelpsite.com. Learn how to find homes for sale in Phoenix, AZ.

Replace And Repair Your Windows With Phoenix Auto Glass

Phoenix auto glass can help you keep your car in good repair and can fix cracks or replace broken windows in any part of your car. This can help you keep your car in good condition and make it safer for you to drive since there will be no defects in the glass.

The entire windshield may not need to be replaced, since many rock chips may be able to be replaced. The technician will be able to tell you if you qualify for this. Often, the repair will be invisible and offer as much strength as a replaced windshield. You do need to make sure that you are calling before the damage becomes a crack, since the repairs are better performed before they worsen.

You can be assured of having trained technicians install your glass who know the latest techniques. Many of these are also certified, which can help you make sure that you are given the best in the business. Because they understand their job, the repairs are quick and easy. You can get this service at at your home or office for added convenience.

They can also offer help on insurance claims and be able to do this for you hassle free. Not only do they install the glass, but they handle the paperwork for you which can make this a better experience for you. Often, it may not cost you anything out of pocket for the repair since it can be applied to your insurance.

You may also get a lifetime guarantee on the installation which can protect you in the event of an improper repair job. It will last the life of your car, and you can get this replaced or repaired at no additional cost to you. In short, if it breaks because it was improperly installed, you get it repaired for free.

There are different types of glass that can be installed, and you want to avoid aftermarket materials. The quality of glass is important, and you must make sure that the installers do not use the lower quality glass. Many companies exceed the industry standards, and often do not cost much more then lower quality glass does.

Your Phoenix auto glass installer choice can make the difference on quality installation. You may be able to save money by repairs, or you can have help in filing your insurance claims. The technicians quickly respond so you can easily get it done and have your car help keep you safe with strong glass.

Looking to find the best deal on repair car window, then visit our auto glass resources to find the best advice on Phoenix auto glass installation for you.

Phoenix Auto Insurance Coverage Deals On The Internet

Finding Phoenix auto insurance coverage on the Internet saves a great deal of time and frustration and will typically also save you money, simply because you can do far more than you can manually by phoning multiple companies and comparing all the quote yourself.

To find the best sort of side, make sure you find a reputable one which does not require you to send any personally identifiable information, at least not in the initial stages of just comparing quotes. There is absolutely no reason why they would require any person you don’t five information.

Getting the right amount of coverage is of course the most important thing. This is the case with any kind of insurance package regardless of what you are insuring. Don’t waste your money not getting the right amount of coverage, but again, don’t get more coverage than you need.

Is automatically cuts out all the companies that are more relevant. It also saves a lot of time, because you can arrange the quote in order of price of various other methods. However, it is important not automatically go for the cheapest deals. The cheapest deals might not include the amount of coverage you need.

The amount of coverage that is required should be something that is decided before you even start. Make a definite decision and don’t be prepared to go back on this compromise. You should still be able to find the best deal available for you, but this won’t necessarily be the cheapest package available.

Customer reviews can also be extremely beneficial. For example, if a customer has made a claim before and been treated very badly, and written about it on the Internet, then you will be able to get a better idea from firsthand experience of whether or not go for a specific company.

Many insurance comparison sites have a customer reviews. This will give you a much better idea of what to expect from a specific package, and also may change your mind about automatically going for the cheapest deal you can find. There are various other ways to save money and your insurance.

If you don’t drive very much, you can often get away with being in a inch drive and another person’s policy. For example, being named driver on a spouse’s policy for the parents policy can be very cost effective.

Learn more about auto insurance in Chandler. Stop by Sue Harrison’s site where you can find out all about auto insurance in Gilbert and what it can do for you.

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More on the Topic of Refinancing and Debt Consolidation

Pay Off Debt – Learn how you can be financially free of debt and have a brighter financial outlook

School Consolidation Loan – If student loans gets too much of a burden to manage, consolidate school debts

Mortgage Refinancing – When in need to extra money to use whichever you like, a good option is to get refinance your home

Consolidate School Loans – Learn more why you need to consolidate school loans and the benefits and advantages

Direct Consolidation Loans -  See how you can take advantage of these type of debt consolidation for your student loans

Consolidate Student Debt – Learn how to avail of the advantages and benefits of consolidating your student loans and indebtedness

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