Posts Tagged ‘application forms’

Do You Understand The Chapter 13 Bankruptcy Forms?

Saturday, August 29th, 2009

Chapter 13 bankruptcy forms

To begin filing for bankruptcy, you will fill out Chapter 13 bankruptcy forms in a packet called a “petition.” In this petition, you will include schedules of your assets and liabilities, your income and expenditures, and a statement of financial affairs. You must also have completed credit counseling within the past 180 days. The courts will then charge $235 to file your case and $39 for additional administrative fees, which you will pay the clerk when you file. If you don’t have the money, then you can often make up to four installment payments over the next several months. Due to the complex nature of these forms, many people find it easiest to have the power of attorney on their side during these proceedings.

Generally speaking, to be eligible for Chapter 13 bankruptcy forms, you must have unsecured debts of $336,900 or less and secured debts (including homes, cars, etc) of no more than $1,010,650. You will not be eligible if you’ve filed for any chapter of bankruptcy during the past 180 days or if your previous petition was dismissed due to your failure to appear in court. Consumer law mandates that most people filing for bankruptcy attend some form of credit counseling within 180 days before filing. In some instances, you may find other alternatives, like filling out debt management payment forms, instead of filing for bankruptcy, which will not have such negative repercussions on your credit report and financial future.

Many people wonder whether they should simply sign up for a debt consolidation plan with a credit counselor or if they should fill out the Chapter 13 bankruptcy forms as planned. There are several situations where filing bankruptcy forms would be more prudent. If your home is in danger of foreclosure, if your wages are already being garnished, if your license was suspended due to nonpayment or if your car was repossessed, then Chapter 13 would stop all court proceedings against you as you work out a more reasonable solution. Most debt consolidation companies will only include unsecured credit card debt and some personal loans, but a Chapter 13 filing will include child support payments that are in arrears, tax debt, car payments, medical bills and any other debt that can be rolled into a one affordable payment.

Most people who fill out Chapter 13 bankruptcy forms opt to make their repayments through a payroll deduction. That way, the money comes off your check each month and you don’t have to worry about having the money in your bank account or about saving up the cash to fulfill your obligations. In certain circumstances, you may receive a “Hardship Discharge,” where you will not need to continuously repay your creditors. Injury and illness that prevent you from working are the main reasons people receive discharges for their debts. This end is only reached if you paid as much as you would have under a Chapter 7 filing and if legal professionals can make no other modifications to your existing plan.

What You Should Know About Free Bankruptcy Forms

Friday, August 28th, 2009

free bankruptcy forms online

Some people feel caught between a rock and a hard place. They know they must file for bankruptcy and yet they are shot down at free counseling sessions with legal professionals who tell them they must cough up $1,500 just to file! Using the power of attorney can help you understand the regulations concerning bankruptcy, meet each deadline and obligation and expedite the whole process. If you’re filing for Chapter 13 or bankruptcy for your business, then you’ll certainly need assistance negotiating with creditors, saving your assets and ironing out a reasonable deal. However, in some cases you can find free bankruptcy forms and simply represent yourself if you wish to save money on the lawyer fees.

Many of the needed bankruptcy forms library officials provide free of charge, just as you can obtain annual tax forms. While you’re there, you can snag your free bankruptcy forms and also take out a few books to guide you through the bankruptcy process. One book to try is “We The People’s Guide to Bankruptcy: A Do-It-Yourself Plan for Getting Out of Debt” by Ira and Linda Distenfield, which offers other alternatives to bankruptcy as well. If you’re unsure of the laws surrounding bankruptcy, then try “Personal Bankruptcy Laws For Dummies” by James P. Caher and John M. Caher or “Personal Bankruptcy Simplified” by Daniel Sitarz. For Chapter 7 bankruptcy, you may find a book called “How to File for Chapter 7 Bankruptcy” by Stephen Elias, Albin Renauer and Robin Leonard handy. For Chapter 13 bankruptcy, try “Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time” by Robin Leonard J.D. and Stephen Elias or “The Complete Chapter 13 Personal Bankruptcy Guide” by Haman.

You will probably come across a number of sites advertising bankruptcy document forms or kits for $14 to $19. When compared to $500 to $1,500 for a legal professional, this may sound like a great deal. However, you can also find free bankruptcy forms if you know where to look. For instance, www.thebankruptcysite.org will give you these same forms absolutely free. You’ll find voluntary and involuntary petitions, forms to list your expenditures and creditors, a Chapter 7 statement of intention, No Asset forms and free forms for Chapters 11, 12, 13 and 15 as well. You will need to have Adobe Acrobat installed to read and print out these forms.

If you feel lost scouring the internet for free bankruptcy forms, then you can purchase software that will guide you through the process and include checklists and deadlines, just as a lawyer would. At www.nolo.com, you can learn about the new bankruptcy laws and purchase “Financial First Aid kit” software for $37.99 that will help you file. Other top-selling software containing legal forms and instructions include: Family Lawyer 2002 Deluxe, Kiplinger’s Home and Business Attorney 2004 and E-Z Software Personal Law Library.

What You Should Know About Chapter 7 Bankruptcy Forms

Wednesday, August 26th, 2009

Chapter 7 bankruptcy forms

When you fill out Chapter 7 bankruptcy forms, you are applying for what is known as a “straight bankruptcy” or “liquidation bankruptcy.” Unlike Chapter 13 bankruptcy, you will not be asked to adhere to a repayment schedule. All of your debts (except for student loans, court judgments, alimony/child support and IRS debts) will be discharged and you will no longer owe these creditors. However, there are some disadvantages to this way out. For one, your personal belongings may be sold off by a court-appointed trustee to cover some of what you owe. Additionally, this record will remain on your credit history file for 10 years.

Once you fill out your Chapter 7 bankruptcy forms, you must be prepared to lose something. While you won’t be required to pay back with cold, hard cash, some of your personal belongings may be sold by a court-appointed trustee to satisfy a portion of your debts. In the past, people would lose their vehicles and their homes, but today’s bankruptcy forms 7 allow for some leeway. You may lose second homes, second cars, boats, guns, valuable collections, musical instruments, jewelry, pets, airline miles, clothing, household goods worth $1000+ and inheritances in a bankruptcy case. Once the bankruptcy is approved, assets may be liquidated at any time but the trustee usually comes by in 1 to 3 months.

If you’re worried about losing assets after filling out Chapter 7 bankruptcy forms, then you may want to consider Chapter 13 bankruptcy forms instead. The primary benefit of choosing Chapter 13 over 7 is that this type offers you the opportunity to stop your home from foreclosing. While you will still have to make payments on your home, the bankruptcy gives you the ability to catch up on missed payments without court proceedings. The other benefit of Chapter 13 is that you can reschedule other secured debts and lower monthly payments. A Chapter 13 filing is similar to a consolidation loan, where the debtor pays a trustee, rather than the original creditors, which may be a relief if the creditor calls have gotten nasty. Also, filing Chapter 13 will protect any co-signors from sharing your financial ruin. If you’re unsure if you qualify, then you may want to speak with a legal professional about your case. Many attorneys offer free initial consultations.

Before you fill out your Chapter 7 bankruptcy forms, you may want to consider some options to save some of your assets. You can do this, legally, without hiding assets or doing anything illegal. For instance, it’s fully legal to sell off items to pay off outstanding IRS tax debt. In states with large homestead exemptions, it’s logical to pay down your mortgage to save your home. Sixty days before filing, you’re allowed to take out a credit card cash advance to pay off living expenses or lawyer fees worth $1075 or less. Money can be contributed to an annual IRA account since retirement funds are exempt. A life insurance policy may be taken out, which is also exempt. Sometimes you can also buy back some of your unprotected assets by paying off the non-exempt amount to the trustee. Declaring Chapter 7 bankruptcy is a tough decision, but the opportunity for a fresh start is a wonderful thing for many Americans.

Taking A Look At The Bankruptcy Form

Tuesday, August 25th, 2009

bankruptcy form

You never imagined that this day would come. You figured one day the extra money would come in, you’d rebound from a job loss or the medical bills and you’d be able to pay back your debts. It’s not like you’re a bad person. You just fell into a rut. Everyone has financial troubles from time to time, but in some cases those troubles can’t be resolved. A bankruptcy form can offer you a clean slate and a new beginning so you’re not drowning beneath debt that is impossible to ever pay off. This will mean an end to creditor calls and a giant weight lifted off your shoulders. As you can expect, there’s more to bankruptcy than simply filling out applications forms and walking away, free of any obligation whatsoever.

Most people acquire a bankruptcy form through an attorney. Usually, you can get a free evaluation meeting to determine your eligibility for the various chapters of bankruptcy and see if there are any alternatives to your situation. Before meeting to discuss court bankruptcy forms, you should assemble a full list of all your outstanding debts, including medical bills, credit cards, personal loans, auto loans and mortgage loans, along with the account numbers, the amounts owed, the minimum monthly payments and the number of months you are behind.

Your lawyer will then help you fill out a bankruptcy form for a Chapter 7 or Chapter 13 filing. In a Chapter 7, you will not have to pay back any of your creditors, although you may lose some of your assets to satisfy your debt obligations (like vacation homes, second cars, expensive collectibles or musical instruments). In a Chapter 13, debts less than $100,000 (unsecured) and $350,000 (secured) can be gradually repaid under a new payment plan over a 3-5 year period. In either situation, the benefit of hiring legal professionals to file for bankruptcy is that you’ll end the harassing creditor calls, stop wage garnishments, halt foreclosure or court proceedings, escape the pain of constantly trying to find a way out of your rut and you’ll have the ability to wipe your financial slate clean.

Be aware that filling out a Chapter 7 bankruptcy form will absolve you from most debts, but not all. For instance, child support, alimony, court-ordered lawsuit settlements, IRS tax debt and student loans are not covered in bankruptcy proceedings. You cannot add on other debts after you’ve already filed either, so any new items that arise will need to be paid off. Before filing, it’s important to consider other alternatives, like debt consolidation or debt settlement if you owe less than $100,000.

Ohio Bankruptcy Laws

Monday, August 24th, 2009

bankruptcy forms 7

If you need Ohio application forms for bankruptcy, you can go to a legal professional at Legal Debt Solutions, Sheppard Law Offices or Rauser & Associates. You will likely also need to submit your petition in a bankruptcy court located in Toledo, Cleveland, Youngstown, Akron, Canton, Columbus, Cincinnati or Dayton. Understanding the Ohio bankruptcy laws before you get started can give you a good glimpse of what’s to come so you can foresee if you’ll be approved, what is expected of you and how the bankruptcy proceedings will unfold.

Like all laws, Ohio bankruptcy laws are aimed at helping consumers who can only pay the minimum amount on their bills, can’t dig out of debt within five years through a Debt Management Plan, are getting foreclosure or repossession notices and have suffered an unanticipated financial setback like a medical emergency, a divorce or job loss. While filing bankruptcy court forms cannot discharge expenses like student loans, IRS tax debt, child support, alimony, large luxury purchases and court-ordered settlements, the reprieve from other troublesome debts can give most Ohioans a fresh start.

Ohio bankruptcy laws state that, to file for Chapter 7 “Liquidation” bankruptcy, your income must be below the median income for Ohio families, based on current Census Bureau statistics. The median income in Ohio, as of March 2009, is $42,458 for a single wage earner, 52,922 for a family of two, $62,251 for a family of three and $74,234 for a family of four. If your median income exceeds these amounts, then you may still be eligible when your income over a six-month period, your mortgage/car payments, your taxes, child support and educational expenses are taken into consideration. You will not be able to fill out bankruptcy forms 7 if you can pay $100 per month to unsecured creditors over a five year time span (or $6,000).

When it comes to personal property, you can use your Ohio bankruptcy laws in conjunction with the federal exemption laws to save more. Remember that trustees who are in charge of calculating your assets will base their numbers on the resale value of your items; so if you purchased a stove for $500 six years ago, they may only say its resale value is $200 now. In some states, you may lose guns, jewelry, family heirlooms and musical instruments. However, if you are filing out US forms in Ohio, you will be able to keep all of these items as long as they’re within the exemption statutes. To learn more about Ohio exemptions, visit http://www.bankruptcyinformation.com/OH_exemp.htm. To learn more about federal exemptions, visit http://www.bankruptcyinformation.com/exempt-supp.htm.