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Chapter7

Benefits of Filing for Bankruptcy

Many people believe that filing for bankruptcy worsens their financial position. However, this is not entirely true. While it is true that bankruptcy affects a person’s finances for some future years, in many cases, filing is the next best option. Here’s why:

Suspension of Debt Collection

Once you file for bankruptcy, the court automatically issues a stay against all creditors and debt collection proceedings. While this does not mean that your debt is canceled, it gives you some time to sort out all your debt before the bankruptcy case is deemed complete or till the stay is lifted.

In cases where debt collection is suspended, your debt collectors cannot call you or send you letters. There can be no lawsuits on the debts that you owe. You do not have to face any more wage garnishments, home mortgage foreclosures, and property repossession.

During the time that the court suspends your debt, if any creditor contacts you, your attorney has the right to bring a contempt of court action against them. This means that the court can penalize them for approaching you, stop them from their debt collection attempts, or make them pay for any inconvenience caused.

However, keep in mind that an automatic stay order does not mean you can stop criminal proceedings, government tax audits, modifying, collecting, or establishment of child support or alimony, the establishment of paternity, or co-debtors and co-signers. Moreover, if you have filed for bankruptcy only once in the past year, you can be eligible for an automatic stay. This does not apply if you have filed for bankruptcy twice or more in the past year.

Dischargeable Debt

Dischargeable debts are those that can be entirely eliminated by bankruptcy. When you file for bankruptcy, you can discharge, cancel, or overturn your responsibility to repay some debts based on your circumstances. These include credit card debt, medical and utility bills, and some personal loans.

Exceptions

Exempting an asset means that it will not get seized during bankruptcy. This applies to both Chapter 7 and Chapter 13 bankruptcy. While some exceptions protect a certain dollar amount of an asset, others cover the entire asset. Some exceptions may only apply to a set group of assets, such as a motor vehicle or wedding ring, while others can apply to other properties you own and do not wish to give up.

Credit Score

Most people do not file for bankruptcy because they worry about a tanked credit ranking. There is no denying that a bankruptcy filing leaves proof. It remains on your record for anywhere between 7 to 10 years. However, many debtors have claimed that their credit scores actually improve after they file for bankruptcy.

This is because when your dischargeable debts are canceled, you can move forward in life with a clean slate. With some patience and hard work, you can slowly rebuild your credit and gain the confidence of the people around you.

Depending on your personal financial circumstances, bankruptcy may or may not be for you. To know more about your unique case, get in touch with the bankruptcy attorneys at our firm today (insert link of the website).

Bankruptcy Warning Signs: Am I in Trouble?

Most people do not realize that they are under threat until they hit bankruptcy. Suddenly, they have no money, piling debts, and threatening calls to tend to.

Here are bankruptcy warning signs to look out for:

Missing Payments

This is the number one sign that you should look out for. If you are unable to meet the deadline for your bills and they are overdue, this means that your debt has started to become excessive. What’s even more stressful is when you cannot meet obligations, including mortgage, auto-loan payments, or electricity bills.

Credit card bills also tend to pile up. If you find yourself struggling to may even the most basic monthly payments, it’s time to take a step back to assess your expenses and income.

Debt Management is Not an Option

Some companies or non-profit workgroups help you manage your bills by prioritizing necessary payments, putting them in order, and contacting creditors to ask for some relief. Some people who struggle with meeting their monthly budget opt for credit counseling.

However, to qualify for these programs, you must have your own assets or steady income. Without these, enrolling is not an option.

No More Home-Equity Option

Home-equity loans are taken to pay off debts, such as credit-card bills that come with high-interest rates. If you want to learn to manage your expenses, the trick is to pay off your credit card debt and not exceed your limit again.

If you do not manage to clear your debts even after using the home-equity option, you may be in more trouble than you can imagine.

Debt Collectors Keep Calling

If you are constantly getting threatening calls or demanding letters from debt collectors, consider this a red flag. You will usually get to this point if you haven’t paid off your debt for 30 to 90 days.

You might also start to get notices that an over-due account is being reported on your credit report or is being charged off as uncollectable.

Your Credit Cards Are Maxed Out

Oops! Another red flag! This is one of the key bankruptcy tipping points. If you have run up the maximum limit of your credit card, you have hit a wall. You can no longer spend any more from your card; neither will you be able to gain approval for other kinds of loans.

Moreover, if you rely on your credit cards to cover basic expenses, such as home groceries or petrol, you’re in trouble as your income should cover these costs.

Major Financial Setback

According to a study by the Financial Industry Regulatory Authority (FINRA), most people do not have an emergency cash reserve kept aside for special situations. In fact, the study showed that approximately two out of five Americans could not even gather $2000 within a month’s time.

Hence, big expenses, such as a hefty medical bill, divorce, job loss, or other significant expenses, can push people to the brink of bankruptcy. That is why it is always better to plan beforehand and be prepared for any calamity to strike.

If any of these signs seem familiar to you, it is safe to assume that you are in trouble. Ease up on your expenses and contact a professional team to guide you through the relevant process.

Bankruptcy Misunderstandings

Bankruptcy Doesn’t Mean Losing Any of Your Property

When most people imagine bankruptcy, they think of one having to part ways with some or all of their assets to pay back creditors. It is because of this misunderstanding that many shy from taking advantage of bankruptcy when they are finding it difficult to manage their debts.

It is important to know that for individuals’ debtors, two main types of bankruptcies exist to provide them with financial relief – Chapter 7 and Chapter 13. Only in Chapter 7 are your assets liquidated to pay back creditors, while in Chapter 13, your payments schedules are rearranged to one that you can manage better. So, if it is merely a lowering of the monthly debt repayments that you are seeking, filing under Chapter 13 is the way to go.

However, even in Chapter 7 bankruptcy, legal protections exist both on a Federal and State level that prevent properties essential to your survival from being sold off during the process. In Texas, for instance, this can include but isn’t limited to personal properties up to $100,000 in value ($50,000 if single), one motor vehicle, and your main residence.

Have any questions relating to bankruptcy? Don’t hesitate to schedule your free consultation with the Law Offices of the Sean T. Flynn

Phone: 512-640 3340

Email: sean@seanflynnlaw.com

#Bankruptcy #Chapter7 #Chapter13 #USLaws #LegalHelp #TX #Attorney #BankruptcyRelief

Credit Counseling and Debtor Education Requirements

It is required for anyone wanting to file for bankruptcy that they take prebankruptcy credit counseling and predischarge debtor courses. Both courses are taken at different times in the process. Credit counseling, the first course, must be taken before filing for bankruptcy, whereas the debtor education course after filing. Sometimes, an additional class on managing personal finance must be taken before a discharge is issued at the end of the applicant’s case. Very few people qualify for certification and must later bring in an attorney.

We will briefly go over the Prebankruptcy Credit Counseling Course and the Predischarge Debtor Course in this short read.

Prebankruptcy Credit Counseling

This course will provide you with an idea of whether you really need to file or an informal payment process would be best for your economic revival.

Guiding is required regardless of there being a seemingly practical payment. Or you are confronting obligations that you find unjustifiable and don’t have any desire to pay.

The guiding office generally readies a spending plan dependent on your pay and costs and afterward audits your repayment choices. Mostly, the organization informs you that you don’t have any feasible alternatives for repayment; you must, hence, file.

Bankruptcy law requires just that you take an interest in the counseling—not that you oblige whatever the office proposes. Regardless of whether a repayment plan is attainable, you’re not needed to consent to it. Be that as it may, if the organization concocts an arrangement, you should record it alongside your other bankruptcy documents.

Browse through these results to find the prebankruptcy course that suits you.

Predischarge Debtor Education

This course is to be taken after filing for bankruptcy.

The second class, an individual budgetary administration course, is known by a few names — including the Predischarge Debtor Course, the “second” course, and the post-documenting course.

You must enroll in a course offered by an organization affirmed by the Office of the U.S. Chapter 11 Trustee. If you can’t manage the cost of the course, you will be permitted to pay what you can bear on a sliding scale. Course costs differ; however, the Executive Office for U.S. Trustees (EOUST) says that courses costing under $50 are manageable. Any bankruptcy instruction supplier that needs to charge more than that needs endorsement from EOUST.

You can take the course face-to-face, over the telephone, or on the web, and the teacher will give every single required material. On-the-web and telephone courses require agreeable consummation of a test.

You can take the pre-release course together or independently on the off chance that you are hitched, and both you and your mate are experiencing liquidation together. Chapter 11 courts require fruitful fulfillment of the two courses before your obligations can be released.

For detailed information on these courses and other processes involved, visit the official United States Courts website.

Bankruptcy May Actually Help Your Credit Score

Meta Title: Bankruptcy May Actually Help Your Credit Score

Meta Description: Wondering how filing for bankruptcy could help your credit score? You’d be surprised!

Keywords: Filing for bankruptcy, credit score

Bankruptcy May Actually Help Your Credit Score

Bankruptcy laws were formed to help relieve you from creditors by giving you a fresh start to your finances. While there is no denying that this fresh start comes at the cost of a significant hit to your credit, bankruptcy does have some good long- and short-term effects on your credit.

Depending on your credit score, assets, and current financial situation, you can benefit from bankruptcy.

What is a Credit Score?

To put it simply, a credit score is a number that portrays your credit history and decides whether or not you will falter on a debt. Lenders view this score whenever you ask for debt so that they can decide whether or not they want to give you a loan and what interest rate they want to charge.

The most common type of credit score is FICO scores. These can fall anywhere between 300 to 850. A FICO score depends on the information present in your credit report. This includes:

  • Your history of debt repayment
  • The debt you currently have lined up, including your debt-to-credit ratio
  • Different types of credit that you might have obtained
  • The amount of time you have had credit for
  • Whether or not you have new credit that needs to be paid.

A high FICO score is an indication that you are good at managing your finances. However, a subpar FICO score shows that you are negligent with your credit payments, have a number of unpaid debts in line, have recently gone through a foreclosure, have filed for bankruptcy, or experienced other issues in the process of repaying debt.

How Filing for Bankruptcy May Help Your Credit Score

Getting Rid of Delinquent Accounts

There’s nothing worse than making late payments, as these will wreck your credit score. However, filing for bankruptcy will help remove a large percentage of the delinquent accounts that you may have on your credit report.

This means that once you discharge these debts, they do not read as delinquent on your credit report. Instead, they appear as “discharged.”

Changing the Debt-to-Credit Ratio

An individual’s debt-to-income ratio is regularly considered by credit bureaus. This is why if you have more debt as compared to the amount you earn, your credit score will most likely be low.

However, if you manage to remove some of your debt by filing for bankruptcy, your income will stay the same, and your creditworthiness has good chances of improving.

Allow Yourself to Start Fresh

Debt can be crippling. It can make people feel trapped and suffocated, especially if your debt has reached an unmanageable amount, and your income does not match anywhere close to it. During these times, instead of letting yourself drown in hopelessness, it is essential to realize that filing for bankruptcy may actually give you a fresh start.

Once you get a fresh start, you can start regulating your spending and pay close attention to finding ways to improve your credit score.

By taking advantage of bankruptcy protection in your city, you may start to notice an improvement in your credit score. To find out more about Chapter 7 and Chapter 11 bankruptcy, click here (insert link of the website).

Bankruptcy Forms and What You Need to Know About Them

Filing for bankruptcy can be an arduous process. It is complicated in its technicality and can be confusing in certain places. It would help if you had assistance, whether or not you are recording under Chapters 7 or 13.

Official US court sites give the official documentation for filing, which are printable and can be completed. You likewise may have to follow explicit prerequisites forced through the bankruptcy dealer of your general vicinity, which may include additional or different files. The dealer agent or a lawyer can clarify these prerequisites and instruct you on what is necessary. Sometimes, the court’s site will give the forms, too.

Form Submission

Bankruptcies and their proceedings are documented in federal courts only. All of the US states have at least one government legal locale. You should record in the locale of your main living place or where you’ve lived in for the 180 days preceding your document. (By and large, it is going to be a similar region). Business proprietors have a little extra alternatives to consider.

Forms of C7

Form b 101

The primary file in a C7 bankruptcy is the B 101, or the deliberate appeal. This will give you distinguishing information, notwithstanding information about previous forms, the end of your credit guidance, and other fundamental issues. If there’s an oust not in your favor, you should look into B 101A along with B 101B. On the off chance that you can’t pay the recording expense, you can request for payment of charge in portions from B 103A, else request a renunciationfor B 103B.

Form b 106

B 106 plus connected forms will give a rundown (or “timetable”) of your resources plus debts.B 106A and Bare meant for giving a timetable that deals with your holdings, B 106C is to give a timetable of your guaranteed exclusions, B 106D is to enlist and ensure correct lenders, B 106E or F are to enlist unstable banks, while B 106G is to enlist actionable deals yet-to-expire leases. Then,B 106H is to give the details belonging to partner account holders on your obligations, who should pay on the off chance that you don’t pay your obligations. B 106I deals with pay, while B 106J deals with month to month costs.

Form B 107 and Others

B 107 gives your Affairs Statement, that delineates, for example, your all-out pay in the course of the most recent two years, late installments to banks, continuous claims, ongoing property moves, plus assets of others in your temporary possession. B 108 is Intent Statementof your dealing with these with your obligations and yet-to-expire deals. B 121 social security details belonging to you. Forms B 122A-1 and B 122A-2 identify with the methods trial for the 7th Chapter qualification. They turn out your current month to month revenue and depict whether you need atest if your pay is more noteworthy than average.

Chapter 13 forms

The forms that an indebted person needs to document in 13relate as fairly comparable. B 101, B 101A and 101B plus B 106 along with others connected handle the very issues as 7. When recording for 13,the option to pay the documenting forgoing waivers is there, soB 103A plus 103B won’t assume a job. You won’t have to finish B 108 in 13. So, first finish B 121 to cater to Social Security details.

Chapter 13-Specific Forms

The filings explicit to 13 are B 122C-1 plus B 122C-2.B 122C-1 turns out your current month to month revenue and sets out the period in which you hope to finish your reimbursement.B 122C-2 turns out your dispensable revenue, which includes the assets utilized to issue installments under the arrangement. Notwithstanding the filings, present a different proposition for your reimbursement. It’s certifiably not a particular form and doesn’t follow a specific format; however, you can get some information regarding everything needed to be remembered for the arrangement.

Chapter 13 Eligibility Checklist

For those struggling with mounting debts who want to retain their assets, Chapter 13 bankruptcy can serve as a viable means for them to do. In Chapter 13, your debt repayment plans are rescheduled based on the court’s assessment of what you can afford for the duration of the bankruptcy – which is typically 3 to 5 years.

With that said, not everyone can qualify for a Chapter 13 bankruptcy. Here is a concise checklist of what is required:

1. Must have a total of $419,275 or less in unsecured debt and a total of $1,257,850 or less in secured debt.

2. The debtor seeking relief must be an individual and not a business entity (however, business-related debts for which the individual is personally liable can be included)

3. Provide proof that you are up to date on tax filings have enough income to meet monthly repayment obligations

4. In the preceding 180 days, neither had no preceding bankruptcy petition dismissed due to willful failure to appear before the court.

or Voluntarily had it dismissed after creditors sought relief from the court to repossess property upon which they hold liens.

5. Have completed a credit counseling course from an approved credit counseling agency within 180 days before the date of filing

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A Record Low in Bankruptcy Filings

Despite the economic uncertainty brought by the pandemic this year, paradoxically, the number of bankruptcy filings in the country hit a new 14-year record low this November. According to data released by the legal giant, Epiq, new bankruptcy filings across all chapters for the month was 34,440, the lowest since January 2006.

According to Deirdre O’Conner, Epiq’s managing director of corporate restructuring, the economic uncertainty itself is to blame for the unusually low filing count.

“These historic low bankruptcy filings reflect the overall uncertainty about our economic recovery. Bankruptcy is a legal tool to restructure, but in this unknown financial environment, the benefit from seeking bankruptcy protection is unclear for individuals, families, and even large companies,” – Deirdre O’Conner.

In addition, government intervention may have also partly contributed to the fall in bankruptcy filings. The various COVID-19 related government programs and state eviction moratoriums are lessening individual incentives for filing for bankruptcy.

Individual bankruptcy filings through the year as a whole have been low. Compared to 2019 for the same period, in 2020, non-commercial filings under Chapter 7 were down 21%, from 414,625 to 325,716, and in the case of non-commercial filings under Chapter 13, the tally was down by 45%, from 252,660 to 137,764.

Source: Globe Newswire

#chapter7 #chapter13 #bankruptcy #legalnews #bankruptcynews #bankruptcyUS #COVID19 #USLaw

4 Quick Tips to Regaining Your Financial Health After Bankruptcy

A bankruptcy discharge can definitely hurt your credit score, but nonetheless, without the burden of your past debts, you can find it much easier to regain your financial health.

1. Plan a Budget

Budget planning is central to effective money management. On a spreadsheet or with the use of an online app, make a note of all your expenses, categorizing them on whether they are ‘essential’ or ‘non-essential.’

If the sum of your monthly income and expenses just break even or is in the negative, consider cutting on non-essential expenses until you can generate some savings.

2. Use Cash

Prioritizing cash spending can help you save money by limiting the amount you can spend at any time. With credit, it can be easy to indulge in excess spending, but while using cash, there is only so much you can buy before it runs out.

3. Set an Auto-Payment System

Regaining a good credit score means never missing the deadline on many repayments. However, with so much going on in our lives, it can be actually much harder than it seems. Fortunately, most financial agencies allow you to set up an auto-pay system to avoid any unintentionally missed payments.

4. Add Positive Accounts to Your Credit History

Provided they qualify, consider adding positive accounts to your credit history, such as your utility and phone bills, to improve your credit report. This can be especially helpful for those with little or no credit score.

#bankrutcy #finance #Chapter7 #tips

Planning for Chapter 7 Bankruptcy – 5 Quick & Helpful Tips

1. Any debt incurred after the bankruptcy filing date does not qualify as part of your discharge. Therefore, it is best to file when one is sure that they are reasonably sure that they won’t be incurring any further unmanageable expenses while during and after the bankruptcy process.

2. Include all qualifiable debts that you believe you won’t manage in your bankruptcy. Once a discharge is given, most debtors have to wait 8 years before qualifying for another debt discharge.

3. If you are moving to another state, time your bankruptcy filing accordingly. Depending on which state you are in and to which you are moving, it may be more advantageous to file while residing in the one with more generous exemption laws.

4. Be mindful of making large payments to preferred creditors, selling assets, or transferring them out of your name shortly before bankruptcy. It can raise suspicion of bankruptcy fraud, and the court trustee assigned to your case can get the money or property back using a clawback provision.

5. Don’t make the mistake of incurring any further debt shortly before filing for bankruptcy. The fact that you purchased items on credit knowing that you won’t pay the creditor back can make you subject to fraud allegations. Even if it does not result in a criminal investigation, the outcome could still be an objection to your discharge.

#chapter7 #bankruptcy #legaltips #bankruptcyadvice #bankrutcyUS #TX #helpfultips #USLaw

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