Posts Tagged ‘court bankruptcy 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.

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.

What You Should Know About Bankruptcy Facts

Thursday, August 20th, 2009

bankruptcy application forms

Bankruptcy application forms wipe out debts quickly and efficiently, but not without repercussions. People who are planning to use credit cards over the next few years, take out an auto loan, buy a house or get a student loan will have difficulty gaining any sort of credit in the immediate five to seven years. Bankruptcy is one of the worst things that can appear on your credit report file for up to 10 years. Before you take that big step, be sure you’re clear on bankruptcy alternatives and bankruptcy facts.

First, let’s take a look at the most basic bankruptcy facts and what filing bankruptcy forms can and can’t do for you. Consumer law allows you the ability to legally eliminate most — if not all — of your debts through a bankruptcy discharge. This includes all credit cards, medical/hospital bills and some personal loans. If your car has been repossessed or your home in is foreclosure proceedings, court bankruptcy forms will put a stop to these actions. You’ll be able to stop wage garnishment, utility shut-offs and debt collector harassment as well. However, bankruptcy can’t completely absolve a car loan, a student loan or a mortgage payment. It cannot discharge alimony payments, child support payments, criminal fines, IRS tax debt or court restitution orders. Filing for bankruptcy cannot save you from debts you incur after the initial filing and cannot protect your spouse or cosigner.

Don’t be in the dark when it comes to bankruptcy facts. Even though you feel you have no money at all, you will need to summon up some cash for the legal forms, filing and legal professional fees. With Chapter 7, it’s possible to fill out the paperwork yourself if you understand the law well enough, but you will still need to pay nearly $300 to the court in administrative fees. Hiring the power of attorney to see you through could cost from $400 to $1,500. If you’re filing for Chapter 13, you won’t be getting off completely free, as you will need to sign up to a monthly payment plan to satisfy your debts. Most people who are in debt would preferably try debt consolidation or debt settlement as an alternative to bankruptcy, but only bankruptcy can help people whose homes are in foreclosure, cars have been repossessed, wages have been garnished or who have been sued by creditors.

Here are several more bankruptcy facts to consider. The court costs and legal professional fees can cost upwards of $1,000 in some cases and cannot be discharged. However, you can talk to your lawyer about ways to reduce your fees or wrap the costs up into your Chapter 13 payments. Be aware that property can be lost in a Chapter 7 filing if your assets exceed the state/federal exemptions. However, you can sometimes recover your favorite possessions by paying the difference from the exemption. Bankruptcy will appear on your credit report for 10 years, which will impact your ability to rent an apartment, buy a home, buy a car, take out a student loan, gain access to credit cards or sometimes even get a job. However, you may begin rebuilding your credit by continuing to make regular payments on your car or home and taking out a loan from yourself, which you pay off each month.