Posts Tagged ‘power of attorney’

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 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.