Bankruptcy

Bankruptcy Index

1. Is Filing for Bankruptcy an Option for You? By Ken Austin
   Bankruptcy laws give debtors a way to resolve debt by dividing their assets among their various creditors and in some cases will allow debtors to be freed of outstanding debts that cannot be paid, even after the division of assets. For individuals who find themselves unable to pay their debts, bankruptcy can be a viable option. As a debtor, you are entitled to file for bankruptcy. There have been recent changes to bankruptcy laws that may affect your ability to discharge your debts without …



2. How Bankruptcy Affects Student Loans By Martin Lukac
   The vast majority of government student loans cannot be gotten rid of easily, even filing for bankruptcy will not resolve these debts. The only way that these types of loans can be taken care of in bankruptcy is if you can prove that they are a substantial hardship on you and your finances and this is a pretty hard ting to do in most cases, especially since the rest of your debts will be taken care of with the bankruptcy filing.If you do wish to try to get your student loans discharged you wil…



3. Bankruptcy and The Small Business Owner By Taffy Wagner
   October 17th is fast approaching when the new bankruptcy laws take place. What effect will this have on the small business owner? Probably a more major effect than before. My husband and I both own small businesses. In the previous years, we have always had clients that paid on time. This is the first year that we have seen the economy really effect people.Small business owners have to worry about whether their customers are going to pay. How do you know if your customers are going to pay? Whe…



4. Bankruptcy – Bankruptcy Myths By Rick Munster
   Bankruptcy has long been a big question mark in the eyes of the consumer. After all they don’t teach us about bankruptcy in school. More often than not, a person’s view of bankruptcy is largely developed by either their parents or close relatives personal views or dealings with bankruptcy, or a persons view is based on what they see as far as ads etc. regarding bankruptcy. Too often these ads are simply put together by bankruptcy attorneys that want your business. Bankruptcy is big business. W…



5. Bankruptcy - In New York, Can I Bring a Lawsuit for my Injuries and Keep all the Proceeds? By Gerry Oginski
   Q: If I recently declared bankruptcy, can I bring a lawsuit for my injuries and then keep all the proceeds? My injuries have nothing to do with my bankrupcty, right?A: Wrong. When you declare bankruptcy, you are required by law to list all your assets with the Court. If you even suspect that you might have a potential lawsuit (malpractice or personal injury case) you must list that as a potential asset. If you inadvertantly neglect to put this potential asset on your list, and you go to an att…



6. Personal Bankruptcy – If It's Unavoidable, File Now By Charles Essmeier
   The Bankruptcy Abuse and Consumer Protection Act, signed into law by President Bush last April, promises changes to Federal bankruptcy law that have been long sought by the lending industry. The bill promises sweeping changes to Federal law, and will make it much harder for the average consumer in financial trouble to have their debts wiped out by filing for bankruptcy. Recent trends suggest that those considering a bankruptcy filing should do so now, as the line to do so is already getting…



7. Bankruptcy and Debt – New Law May Hurt Katrina Victims By Charles Essmeier
   The world remains horrified at the tremendous destruction caused throughout the Gulf Coast recently by Hurricane Katrina. An unknown number of people are dead and thousands more are homeless, jobless and completely destitute. It may be months before the city of New Orleans is inhabitable again, and in the meantime, most residents of the city will have little or no income. This is a problem, as most people will continue to have payments due for credit cards, auto loans and mortgages. A numb…



8. Bankruptcy: What the New Law Means to You By Douglas Hanna
   On April 20 of this year, President Bush signed a bankruptcy reform law. When this law went into effect in October it made it much more difficult for Americans to use Chapter 7 bankruptcy to get a fresh start on their financial lives.Under the old law, you could choose to file either a Chapter 7 or Chapter 13 Bankruptcy. In a Chapter 7 proceeding, you are allowed to keep your exempt property, such as much of the equity in your home. Most of your other debts, such as money owed on credit cards…



9. Bankruptcy - All About Chapter 7 Bankruptcy By Lorna Mclaren
   The most common type of Bankruptcy that is filed for is Chapter 7 Bankruptcy. This is a liquidation bankruptcy rather than a reorganization bankruptcy. This means that assets will be sold to clear the debt or debts.It starts by the person in debt listing their assets. With Chapter 7 Bankruptcy the debtor is allowed to keep what is called "exempt" property. Examples of exempt property area certain amount of home equity a small amount of vehicle equity small allowance for clothing small allowan…



10. Bankruptcy Credit Counseling Under The New Bankruptcy Law By D. Lex
    Bankruptcy credit counseling is a requirement of the new bankruptcy law effective October 17, 2005. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 requires court approved bankruptcy credit counseling to be completed by debtors prior to filing for bankruptcy within the 180 days immediately preceding the filing of a bankruptcy petition.The new requirement for bankruptcy credit counseling prior to filing for bankruptcy may be completed by internet credit counseling, phone cre…



11. Bankruptcy Help - The Effects of Filing and Alternatives to Review First By Rick Munster
    Filing for Bankruptcy, regardless of whether chapter 7 or chapter 13 may have long lasting negative effects on your credit history for up to 10 years. These negative marks against your credit history may make it difficult to apply for future credit, secure jobs that require a positive credit profile, rent an apartment, purchase a vehicle, etc. The cost of filing bankruptcy can add up over the course of years. Banks or other lenders will most likely charge higher interest rates and fees should …



12. Bankruptcy Chapters Explained By Nathan Dawson
    Chapter 7The potential chapter 7 debtor should understand that a straight bankruptcy case does not involve the filing of a plan of repayment as in chapter 13, but rather envisions the bankruptcy trustee's gathering and sale of the debtor's nonexempt assets, from which holders of claims (creditors) will receive distributions in accordance with the provisions of the Bankruptcy Code. Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. I…



13. How to Avoid Bankruptcy By Noel Hynes
    Bankruptcy is a legal way to offer folks with high interest debt a fresh financial start in life. In case you are considering personal bankruptcy as an answer to your debt problems, you are not alone. Bankruptcy is on the up and up as consumer debt explodes. Additional reasons for turning to bankruptcy for credit card debt alleviation include medical costs and job loss.The two main types of bankruptcy are Chapter 7 and Chapter 13. Chapter thirteen is generally preferable for most people as it …



14. Do It Yourself Bankruptcy – Some Things to Know First By Rick Munster
    Bankruptcy, although necessary for many individuals, should be utilized as a last resort once all other options have been reviewed first. One of the first things that a person can do is review their own spending patterns or habits before seeking help. If acted upon before the problem reaches the point of no return it is conceivable that there may be no need for outside intervention.There are several resources available online that are designed to help an individual create a household budget wi…



15. Bankruptcy Law Now Tougher - More Expensive By Douglas Hanna
    A new bankruptcy law took effect in October that will make it harder and more expensive for most families to file for bankruptcy and discharge their debts.The major result of the new law is that fewer people will be able to file for Chapter 7 Bankruptcy and will be forced to file for Chapter 13 Bankruptcy, instead.A Chapter 13 bankruptcy is basically a reorganization bankruptcy. Under Chapter 13, you must file a plan with the court showing how you will pay off your debts over a period of three…



16. The New Bankruptcy Law "Means Test" Explained in Plain English By Charles Phelan
    With the new bankruptcy law in effect as of October 17, 2005, there is a lot of confusion with regard to the new "means test" requirement. The means test will be used by the courts to determine eligibility for Chapter 7 or Chapter 13 bankruptcy. The purpose of this article is to explain in plain language how the means test works, so that consumers can get a better idea of how they will be affected under the new rules.When most people think of bankruptcy, they think in terms of Chapter 7, where…



17. Bankruptcy – More Signs That You May Be in Trouble By Charles Essmeier
    Bankruptcy attorneys all over the country are reporting that their business is up 25-50% over last year. The reason? New bankruptcy legislation is set to take effect later this month, and the laws are much stricter than in the past. That may be the case, but the fact that tougher laws are coming doesn’t mean that everyone should rush out to declare bankruptcy. Still, many people are undoubtedly wondering if their own situation warrants such a drastic choice.Here are a few things to conside…



18. Bankruptcy as a Debt Management Solution: Why Do so Many of Us Have so Much Debt? By Kavar Peter
    In 2004, 1,562,174 Americans sought protection from creditors through bankruptcy court – a per capita rate over ten times higher than during the worst years of the Great Depression! According to the Consumer Federation of America, in 2003 alone over 9 million consumers made initial calls with a credit counseling agency and in 2004 close to 2 million consumers were actually enrolled in varying types of assistance plans. These numbers clearly indicate that personal debt in the United States is …



19. Is Bankruptcy the Right Option for You? By Ken Austin
    Types Of BankruptcyThere are two different types of bankruptcy that can be used in most cases. Each one has a different set of rules and guidelines that you must follow in order to qualify for and get the bankruptcy. If you are considering bankruptcy, it is important to understand the differences in these types of bankruptcy and to choose the one that best fits your needs and the one that you qualify for.Chapter 7 BankruptcyThis is the type of bankruptcy that is most often used by individual…



20. The Five Most Popular Questions About Bankruptcy By Nathan Dawson
    WILL MY CREDITORS STOP HARASSING ME?Yes, they will! By law, all actions against a debtor must cease once bankruptcy documents are filed. Creditors cannot initiate or continue any lawsuits, wage garnishees, or even telephone calls demanding payments. Secured creditors such as banks holding, for example, a lien on a car, will get the stay lifted if you cannot make payments.WILL MY SPOUSE BE AFFECTED?Your wife or husband will not be affected by your bankruptcy if they are not responsible (did not…



21. Life After Bankruptcy: 7 Tips To Get Your Life On Track After Bankruptcy By Justin Koh
    A life in bankruptcy is not an unbearable phase if you look at it from a positive angle. If you found it unbearable, I'm sure you won't want to go through it again. While the court 'reorganizes' you by selling your personal assets to pay off your debts, so too you must reorganize your thoughts and look forward to live a life of prudence.Here are 7 tips you can apply to get your life back on track as soon as possible so that you can find a way to return to a lifestyle of less financial worries …



22. The Last Debt Solution Should Be Bankruptcy By Terje Ellingsen
    A debt solution like bankruptcy should really only be used as a last possible solution. The problem with this solution of debt problems is that it includes a lot more than simply eliminating debt. When someone declares them self bankrupted, all debt collection actions against that person are prevented. The court grants an "automatic stay", which - with a few exceptions means that creditors cannot come after the money owed to them.The most important exception is that when a loan is secured by p…



23. Bankruptcy Your Best Bet? By Alli Ross
    Filing bankruptcy is a common practice among the U.S. Over 2 million people file for bankruptcy every year. So many families today are swimming in debt, which is not surprising with the amount of credit that is being offered. If you pay your bills, you're given the opportunity to run up more bills. For young people, this is often too much responsibility to handle. Many people choose bankruptcy in order to gain a fresh start.However, bankruptcy leaves you with a bad record. This makes it harder…



24. Avoid Bankruptcy By Medha Roy
    The first but definitely not the easiest thought that comes to most people when they are neck-deep in debt is to file bankruptcy. Filing bankruptcy seems to be the last straw left in the deluge of unpaid bills and abusive creditor calls. The situation is somewhat like this. You buy whatever catches your fancy and you thank yourself you had the blessed credit cards. It's good as long as you are spending.When it's paytime, you realize your misdoing. Abusive creditor calls may be robbing you of y…



25. What is Bankruptcy? By Martin Lukac
    Bankruptcy is the last place a person in serious debt can turn. This is where you end up when you have exhausted all of your other options when trying to pay off the debts that you owe. When you file for bankruptcy your debts will be dissolved by splitting up your assets among those owed. Which creditors get what is not up to you, it is up to a trustee and they make these important decisions by priority of the debts. Whether you are in individual filing for bankruptcy or if you are a business …






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