file bankruptcy with the help of a professional
11
Feb

Bankruptcy is no easy matter, it requires some knowledge of the law and prompt attention to specific procedures. If you’re doubtful and don’t really know how to file bankruptcy properly, it’s best that you consult a professional for help with your case. Law changes have made it more difficult for self filers to get their petitions processed and approved, it’s also a lot easier now to make mistakes when filing bankruptcy.

The process is not complicated, as much as the paperwork and preparation is. The court will hear your case after you submit your petition, but the key is to get the court to review your submitted petition, if you prepare your own petition you must make sure it is complete and that you submit with all required supporting documentation.

Once the petition has been reviewed and no errors are detected, you’ll be scheduled to appear for your court hearing where the trustee will scrutinize your file and make sure that all information presented is actually true.

The actual petition must be prepared accordingly, which is why this process is best left to a professional bankruptcy attorney who will know exactly what to ask for from you to provide in support of your petition. Not knowing how to file bankruptcy properly can kill you chances of getting approved and you could be denied the protection that you need. Check bankruptcy services in your area for free consultations. This should give you a good idea about what the process is like.

Category : Bankruptcy | bankruptcy services
22
Sep

Bankruptcy services perform an extensive due diligence to prepare and complete bankruptcy petitions for clients who are not able or willing to take on the task on their own. Firms that offer these services interview clients, follow up on specific questions, collect missing information and make certain that all filed information is accurate and complete. By the book.

Typical bankruptcy filing services include:

  • Preparation of all federal and local forms and schedules for the client’s specific area (State/district)
  • For chapter 13, preparing the repayment plan
  • Follow ups on missing information or client questions
  • Research of, lien searches, searches for real property, vehicles and other assets, civil records, previous bankruptcies etc
  • Wage garnishment letters
  • Accounting for all debts and recent expenses (particularly when filing chapter 7)
  • Administering the Bankruptcy Means Test to qualify clients into the correct chapters
  • Much more on a client per client basis, depending on individual needs

The major benefit of employing bankruptcy services is perhaps in the overall preparation of the paperwork that must be filed. In 2005 bankruptcy laws changed to make it a bit more difficult for individuals to file and qualify for bankruptcy. Before that law change, it was much easier to file bankruptcy alone. All that has changed dramatically, now it is much easier for self filers to submit petitions that are incomplete and with incorrect information.

These seemingly small mistakes can cause serious delays and in some cases denial to file bankruptcy if the court deems your petition fraudulent. Bankruptcy fraud is a crime punishable by fines and jail sentences. For these reasons alone, all filers should take this process seriously and make use of affordable bankruptcy services.

There’s no lack of resources in this field, the easiest and more convenient way to get proper help is to fill out a simple online form to get connected with professional bankruptcy services in your local area. Most online forms take only 30 seconds to complete.

Category : bankruptcy services
3
Sep

When is filing Chapter 7 Bankruptcy right for you?

It begins with understanding what Chapter 7 is for. Sometimes known as “liquidation bankruptcy”, chapter 7 is for individuals who have little or no disposable income. Meaning that the individual is no longer able to continue paying his/her creditors due to lack of funds. Click Here to find out if you qualify for chapter 7.

Circumstances beyond your control such as medical bills, being laid off from work, losing a member of your family or suffering a terrible financial loss are often major reasons for consumers finding themselves in situations where bills are just not getting paid. When that happens the phone calls and letters start with demands that you make your payments regardless of your situation.

It isn’t your creditor’s job to care about your difficulties and struggles, they will never show any concern for your high stress and sleepless nights when you spend every minute figuring out how to catch up and get your life back together.

Enter Chapter 7 Bankruptcy Protection

Always a last resort, but it is the life line that can save you from the depths of financial misery. Filing chapter 7 bankruptcy extends you a number of benefits:

  1. Once your petition is filed, something called “The Automatic Stay” takes effect preventing creditors from foreclosing or repossessing collateral property. Creditors are also not allowed to contact you via any means to discuss or collect any debt.
  2. When your petition is filed you’re no longer obligated to continue making payments to your creditors.
  3. The bankruptcy court will take control of your case by assigning a bankruptcy trustee, who will assess your case and will be in charge of the liquidation of any viable assets that can be used to repay some of your debts.
  4. You will meet with the trustee when you attend your court hearing which will be about 30 days after your case is filed.
  5. If all your documentation is in order then you should receive a discharge within 2 to 3 months and a clean slate.

Finding out if You’re Eligible

Finding out if you meet the chapter 7 requirements is easier done with the aid of a professional. Find out your exact debt to income ratio by filling out the form below and start feeling better immediately!

Click Here To Fill Out The Secure Form

Takes 30 Seconds to Fill Out and Submit!

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Category : Help Resources | chapter 7
19
Aug
If you live are under tremendous financial pressure and unable to pay off your outstanding debts, then filing bankruptcy may be the only viable option that you have.

As an individual you have a choice of filing for bankruptcy under two chapters. An explanation of both the chapters – and how to choose the chapter more suitable for you – is given below.

Chapter 7

You can file for bankruptcy under Chapter 7 only if you pass the “Means Test”.

This test involves calculating your gross income and assets and deducting your liabilities and your expenses during the past 6 months prior to you having filed for bankruptcy. These numbers are then compared with the average median income of a similar sized family in Texas.

If your net income is lower, then you qualify for filing under Chapter 7; otherwise, you may have to file under Chapter 13. Once you file under Chapter 7, the court will appoint a trustee, who will sell off your unprotected or non-exempt assets to pay off your creditors.

Your case can be discharged within 6 months if you file for bankruptcy under this Chapter. Since normally your home and cars will be exempt, you will be able to retain these assets.

Chapter 13 Explained

Unlike Chapter 7, filing under Chapter 13 will give you the chance to repay your outstanding debts over a longer period of time, usually between 3 to 5 years. You also have the chance to keep all your property.

As with Chapter 7, once your attorney files for bankruptcy under Chapter 13 on your behalf, your creditors will no longer be able to foreclose on your home or take your possessions. By law, they must also stop harassing you immediately.

Once you file under Chapter 13, you will need to submit a repayment plan to the court, detailing your plan to pay off your debts. Your bankruptcy attorney can even try to get a part of your loan discharged, so that you can pay off the rest.

If your plan is approved, the court will appoint a trustee, who will monitor your repayment schedule to ensure that you stick to it.

Chapter 13 or 7?

Usually (depending on the situation), individuals try to file for bankruptcy under Chapter 7 in order to get most of their outstanding debts discharged. The time taken to do this is also quite less as compared to filing under Chapter 13.

The problem is that with the new, stricter laws put into place after October 2005, you might find it difficult to file under Chapter 7 and might have to file under Chapter 13. Most of your assets may also be disposed of by the court trustee in order to satisfy your creditors.

This might not happen under Chapter 13.

Therefore, Chapter 13 allows you to stay in control as you chart out a repayment plan stretching between 3 to 5 years. If you are wary of losing many of your assets and do not mind a longer repayment plan, then you could ask your bankruptcy attorney if you can file under Chapter 13.

However, if you want your case to get discharged within a short time and are unable to come up with a long-term plan to raise money to pay off your creditors, then filing under Chapter 7 would be a better option.

So, compare both chapters with your bankruptcy attorney before deciding on which chapter is the better option.

How To Survive Bankruptcy

Category : chapter 7
16
Aug
Chapter 11 bankruptcy is available to any business, whether organized as a corporation or sole proprietorship, and to individuals, although it is most prominently used by corporate entities. Whereas, Chapter 7 governs the process of a liquidation bankruptcy, and Chapter 13 provides a reorganization process for the majority of private individuals.
When a business is unable to service its debt or pay its creditors, the business or its creditors can file with a federal bankruptcy court for protection under either Chapter 7 or Chapter 11.

In Chapter 7 the business ceases operations, a trustee sells all of its assets, and then distributes the proceeds to its creditors. Any residual amount is returned to the owners of the company. In Chapter 11, in most instances the debtor remains in control of its business operations as a debtor in possession, and is subject to the oversight and jurisdiction of the court.

This Chapter is by and large used for business bankruptcies and restructuring. It not considered as a viable option for individual consumers given that it is far more complex and expensive to pursue. Chapter 11 permits businesses an opportunity to reorganize themselves, allowing them a chance to restructure their debt and get out from beneath specific troublesome deeds and agreements. Normally, a business is permitted to carry on functioning at the same time as it is in Chapter 11 under the watchful eye of the Bankruptcy Court and its appointees.

Another option that can be utilized under is Chapter 11 is to liquidate the assets of the business and reimburse the creditors from the realization. Chapter 11 bankruptcy is almost certainly the most flexible of all the chapters, and the same time the hardest to generalize. Its flexibility makes it generally more expensive to the debtor. However, the success rate of Chapter 11 reorganizations is miserably low, estimated at only 10% or less. Therefore, filing for Chapter 11 Bankruptcy should only be used as a last resort.

A much better solution is Debt Settlement. Often referred to as Debt Negotiation, Debt Settlement is a direct and ambitious approach to debt reduction and it is best suited for individuals that have considered filing for Bankruptcy protection.

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Category : Chapter 11 | chapter 13 | chapter 7