The word bankruptcy comes from the Italian words "Banca Rotta" which means bench broke. There are two types of personal bankruptcies; the one you choose is based on your financial abilities and amount owed to creditors. Bankruptcy is simply explained as a person who does not have the ability or capability to pay their debts. Bankruptcy is initiated by an individual (the debtor) and is imposed by court order. In the United State bankruptcy is under the jurisdiction of the Federal Government. Even though the Federal Government has jurisdiction over bankruptcies, state laws often overrule federal bankruptcy laws, particularly in who qualifies for bankruptcy status.
The purpose of a bankruptcy is for the debtor to get relief from their creditor(s). An individual files a voluntary petition to initiate the bankruptcy process. The bankruptcy process includes filing for bankruptcy status and eventual discharge of debts. After filing for bankruptcy, there is typically a waiting period for discharge of debts. During this waiting period the court could order an assessment of the financial abilities of the household or entity. Financial education courses may also be required by the court. This may be required to minimize the risk of a future bankruptcy.
The United States Bankruptcy Code includes 2 types of personal bankruptcies. The following is a brief description of each bankruptcy type:
Chapter 7 is the most common type of bankruptcy in the United States. An individual filing for a Chapter 7 bankruptcy must meet the requirements of the "means test for eligibility". Eligibility for the chapter 7 bankruptcy allows the creditor to repossess any property used as collateral on debt that will be discharged in the bankruptcy. The bankruptcy trustee may also liquidate any non-exempt property and distribute the proceeds to any unsecured creditors. Exempt property typically includes: (1) clothes, and (2) household goods. Other assets such as: (1) social security payments, (2) unemployment compensation, (3) older automobile with little value, (4) tools used for work, and (5) books are also excluded from liquidation (may vary by state). Some debt may not be discharged by the courts. These include: (1) federal debt, (2) tax liens, (3) student loans, and (4) alimony and child support. Each state sets the limit for how much property can be exempted in a bankruptcy. The Chapter 7 bankruptcy can only be used by an individual every 8 years.
The Chapter 13 bankruptcy allows the debtor to keep all their possessions and assets, but they must accept a payment plan (based on their income) to repay their creditors. The repayment amount is based on the debtor's income, expenses, value of property, and debt being discharged. The repayment plans usually are for 3 to 5 years but can be paid off earlier if the debtor is able. The Chapter 13 bankruptcy requires proof of regular income and has income limitations. Payments under this bankruptcy type are made to a trustee. The trustee is responsible for payments to the creditors. Chapter 13 bankruptcy does not require repayment to unsecured debt and medical bills.
In a Chapter 7 bankruptcy, the debtor may lose property and assets whereas the Chapter 13 bankruptcy allows the debtor to keep all of their property and assets. The Chapter 7 bankruptcy has no repayment requirement, whereas Chapter 13 has a 3 to 5 year repayment obligation based on various factors. So, which bankruptcy option is better, the Chapter 7 or Chapter 13? It depends on many factors, which may include your employment, income, health, and age. It is always in your best interest to consult a knowledgeable attorney for bankruptcy advice.
Showing posts with label Bankruptcy. Show all posts
Showing posts with label Bankruptcy. Show all posts
Wednesday, March 25, 2015
Saturday, February 14, 2015
Understanding Bankruptcy
Many people are under the impression that bankruptcy turns your entire world upside down, leaving you with a poor credit history and unable to get any credit for long periods of time. This solution is available to those that cannot afford to repay their debt, leaving them little choice but to find out more and start their lives with a clean slate.
This debt solution works when it's started either by you or one of your creditors. It is a formal court procedure which lasts up to twelve months. During the twelve months you will be given a list of things you cannot do and a trustee will take possession of your assets, paying off your creditors and leaving you debt free at the end, a chance to start new. Don't worry you are able to keep your personal belongings.
There is a number of things you must know, which is why it's advisable to get bankruptcy advice from a team of professionals who understand what this type of debt solution entails, walking you through the process and standing by you up to the end.
The twelve months before you can start afresh is just a guideline. If you choose to not comply with any of the rules, you can lose the status or it can take considerably longer. There are conditions, this usually means that you cannot take out credit during this time, sometimes you are unable to work, this depends on the type of place you hold within the company.
After the twelve months is up, you are free of debt and creditors cannot claim against you. In most cases unsecured debt is off so you can start your life fresh without the stresses and worries that comes with owing so much money.
After entering your name on to a public register, which means that you cannot hide the fact that you filed for bankruptcy. Even at later stages when you apply for loans and credit cards, you have to advice of your status. During the twelve month period, you cannot apply for credit and a few banks that will consider giving you a bank account to help you manage your daily life moving forward.
While many people are under the impression that this is disruptive to their lives and the risk of losing their jobs or not being able to open a bank account is too much to bear, for others it's a blessing.
This is a last resort, when you realise that there is no way you can repay your debt. It's not the first thing to look into. It's also important that you seek professional bankruptcy advice, learn all there is about the process and how it can affect you before you make any final decisions.
One thing you must know is that filing for bankruptcy doesn't come for free, there are charges and fees that have to be paid, which can make it difficult when you're already struggling with debt. This is why you need to get the advice from a specialist with years of knowledge and experience in the industry. There are statements, information and forms to complete, all of which have set deadlines which must be met. Knowing the facts, knowing what to expect and knowing the process can help you decide if this is the right choice for you moving forward.
This debt solution works when it's started either by you or one of your creditors. It is a formal court procedure which lasts up to twelve months. During the twelve months you will be given a list of things you cannot do and a trustee will take possession of your assets, paying off your creditors and leaving you debt free at the end, a chance to start new. Don't worry you are able to keep your personal belongings.
There is a number of things you must know, which is why it's advisable to get bankruptcy advice from a team of professionals who understand what this type of debt solution entails, walking you through the process and standing by you up to the end.
The twelve months before you can start afresh is just a guideline. If you choose to not comply with any of the rules, you can lose the status or it can take considerably longer. There are conditions, this usually means that you cannot take out credit during this time, sometimes you are unable to work, this depends on the type of place you hold within the company.
After the twelve months is up, you are free of debt and creditors cannot claim against you. In most cases unsecured debt is off so you can start your life fresh without the stresses and worries that comes with owing so much money.
After entering your name on to a public register, which means that you cannot hide the fact that you filed for bankruptcy. Even at later stages when you apply for loans and credit cards, you have to advice of your status. During the twelve month period, you cannot apply for credit and a few banks that will consider giving you a bank account to help you manage your daily life moving forward.
While many people are under the impression that this is disruptive to their lives and the risk of losing their jobs or not being able to open a bank account is too much to bear, for others it's a blessing.
This is a last resort, when you realise that there is no way you can repay your debt. It's not the first thing to look into. It's also important that you seek professional bankruptcy advice, learn all there is about the process and how it can affect you before you make any final decisions.
One thing you must know is that filing for bankruptcy doesn't come for free, there are charges and fees that have to be paid, which can make it difficult when you're already struggling with debt. This is why you need to get the advice from a specialist with years of knowledge and experience in the industry. There are statements, information and forms to complete, all of which have set deadlines which must be met. Knowing the facts, knowing what to expect and knowing the process can help you decide if this is the right choice for you moving forward.
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