Filing bankruptcy cost is one of the most important aspects for a debtor who is filing a petition for the same. It includes a lot of factors and if you are not well informed and prudent in your approach, you may end up paying a much larger amount than its actual cost. Since your finances are already in a dilapidated situation, a substantial filing cost may put you into further trouble, making your overall situation worse than before. Always remember that insolvency is not an easy and quick way to get out of all your debts. It is a forced situation when all other alternatives have been tried and failed to improve your situation. Filing bankruptcy cost usually depends upon the type of bankruptcy that you have filed for, your specific circumstances, and your method of filing. In fact, there are plenty of ways to file your petition. Your chosen method plays the most important role in determining the subsequent cost.
Is It Worth Trying Using The "Do It Yourself" Manuals?
In order to save the attorney fee, some debtors prefer not to avail the services of a bankruptcy attorney. They choose to take the help of several do-it-yourself manuals that are usually available for free on the Internet. You can also find them at most of the books and stationary stores throughout the country. At the very first look, it seems like a step that can save you lots of money. However, please keep in mind that this is a serious step because the laws of bankruptcy are very complicated and unless you have thorough knowledge regarding all the aspects associated with the same, you are not recommended to ignore the role of an attorney while submitting your case in the court. Always remember that any wrong step may cause result in an increased filing bankruptcy cost. Likewise, a non-lawyer document preparation method is also not recommended for people who do not have much knowledge regarding the laws.
Getting A Lawyer
Even if the attorney charges you a substantial amount of fee, it is always worth availing their expert bankruptcy help. Here, you must note that the attorney fee and the court fee are two different elements. And, therefore, you should calculate the overall filing bankruptcy cost keeping both of them in mind. However, it is very difficult to calculate the overall cost beforehand because it varies from case to case. It is only after you have discussed your case with the lawyers that they will give you an estimate of how much is it going to cost you. Still, as per a recent research in this regard, the average attorney fee has been found to be around 2000 dollars.
Chapter 7 and chapter 13 are two most common types of individual bankruptcy. If yours is a chapter 7 case, you are supposed to pay $299 as the court fee. On the other hand, for a chapter 13 case, the current filing bankruptcy cost is $274. You have to pay the fee to the clerk of the court.
Friday, April 4, 2008
Thursday, April 3, 2008
Bankruptcy Information - Some Frequently Asked Questions
If you are looking out for extensive bankruptcy information, you will find the following frequently asked questions quite helpful to you.
Is It Very Difficult To File For Bankruptcy?
It is not that difficult as people assume it to be. There are some simple forms that you need to fill out. The information you have to provide may include your personal details, the list of the creditors, the amount you owe, and your current financial state – your income, expenditure etc. If you have the basic idea regarding bankruptcy laws, you will not have much difficulty in filling out these forms. However, you must note that no matter how much knowledge you have regarding these laws, if you are not a legal professional, you are always recommended to hire an attorney to handle your case. This way, you can easily make your task much easier, because in that case, you will just have to sit back and your attorney will do everything in your behalf. However, you should always remember that, no matter how easy is the process of filing bankruptcy, it never means that you should take it as an easy alternative to wipe out all your debts. After the introduction of the new laws a few years back, it has no more remained an optional thing for you. You cannot opt for the same just because you do not want to repay your debts. Such plea will easily be rejected. It is now a forced situation and must be seen as the last option. Now, it is mandatory for you to go through a Means test and a government approved credit-counseling services. The reports of the means test and credit counseling determine which kind of bankruptcy you qualify for or whether you qualify at all or not.
Does Filing For Bankruptcy Improve One’s Credit Score?
Many people have the misconception that when bankruptcy wipes out all the debts, it will eventually help improve their credit scores, which is not true. No wonder some bankruptcy lawyers are advertising their business like this in order to get some more clients, but there is no truth in it at all. It is very important for you to understand that it has severe adverse effect on your credit score. Once the court declares you as bankrupt, it brings the worst ever “negative” on your credit score. What is more, you should also note that the negative effects brought by bankruptcy are worse than any other financial component. In general, it has been found that, any negatives on your credit reports usually stay for the next seven years, but in case of bankruptcy, this period might be as long as ten years.
Therefore, bankruptcy information is very important for you, if you are considering it as a final option to wipe out all your debts. If you are well aware of all the facts, it will be much easier for you to make an informed decision regarding the same.
Is It Very Difficult To File For Bankruptcy?
It is not that difficult as people assume it to be. There are some simple forms that you need to fill out. The information you have to provide may include your personal details, the list of the creditors, the amount you owe, and your current financial state – your income, expenditure etc. If you have the basic idea regarding bankruptcy laws, you will not have much difficulty in filling out these forms. However, you must note that no matter how much knowledge you have regarding these laws, if you are not a legal professional, you are always recommended to hire an attorney to handle your case. This way, you can easily make your task much easier, because in that case, you will just have to sit back and your attorney will do everything in your behalf. However, you should always remember that, no matter how easy is the process of filing bankruptcy, it never means that you should take it as an easy alternative to wipe out all your debts. After the introduction of the new laws a few years back, it has no more remained an optional thing for you. You cannot opt for the same just because you do not want to repay your debts. Such plea will easily be rejected. It is now a forced situation and must be seen as the last option. Now, it is mandatory for you to go through a Means test and a government approved credit-counseling services. The reports of the means test and credit counseling determine which kind of bankruptcy you qualify for or whether you qualify at all or not.
Does Filing For Bankruptcy Improve One’s Credit Score?
Many people have the misconception that when bankruptcy wipes out all the debts, it will eventually help improve their credit scores, which is not true. No wonder some bankruptcy lawyers are advertising their business like this in order to get some more clients, but there is no truth in it at all. It is very important for you to understand that it has severe adverse effect on your credit score. Once the court declares you as bankrupt, it brings the worst ever “negative” on your credit score. What is more, you should also note that the negative effects brought by bankruptcy are worse than any other financial component. In general, it has been found that, any negatives on your credit reports usually stay for the next seven years, but in case of bankruptcy, this period might be as long as ten years.
Therefore, bankruptcy information is very important for you, if you are considering it as a final option to wipe out all your debts. If you are well aware of all the facts, it will be much easier for you to make an informed decision regarding the same.
Bankruptcy Claim And Community Debts
If you are divorced and are filing for bankruptcy claim, you might be thinking whether you will be able to wipe out your obligation of paying community debts. In normal circumstances, it is quite likely that filing the court petition regarding the same will free you from all community debts that are dischargeable. However, in some cases, you may be liable to pay the same even after you have been declared as belly-up under chapter 7 bankruptcy. Therefore, it is important for you to be aware of certain kinds of debts that may or may not be discharged. Always remember, if granted, bankruptcy is going to be there in your financial card for the next 10 years at the very least. Therefore, if you plan everything beforehand, things would definitely be much easier for you.
Filing Petition When A Dissolution Action Is Pending
However, in such cases, you are recommended to discuss the matter with your family law attorney. The attorney is an expert person and they know about the intricacies involved in the laws associated with bankruptcy claim. They will get you the real picture based on your specific circumstances and lots of other factors associated with the same. There can be several implications of filing bankruptcy during the period when a dissolution action, such as a divorce case etc, is pending. Your family law attorney will help you understand those implications and take the right step based on that. What is more, it is also important for you to note that in case the court discharges you from community debts, your spouse will become liable to pay off the entire balance on those debts. In other words, if you file your petition at a time when a dissolution action is pending and community debts are considered as dischargeable debts, the liability will be shifted on to your spouse.
Debts That Can Not Be Discharged In Any Case
Insolvency under this chapter is usually considered as freedom from all kinds of debts. However, there are certain kinds of them that cannot be discharged in any case even after you have won the bankruptcy claim under chapter 7. It depends upon the judgment of the court and your specific circumstances regarding which debts are dischargeable and which ones are not. In normal circumstances, the bankruptcy court considers the following debts as non-dischargeable.
Penalties and forfeitures,
Criminal fines,
Student loans,
Non-dischargeable debts from a prior bankruptcy,
Liability for injury or death from driving while intoxicated,
Debts caused by the malicious or willful misconduct by the debtor,
Liability associated with spousal and child support, and
Taxes (except in certain cases).
However, the debtors sometimes are not able to get even the dischargeable debts removed because the creditors have filed an appeal against the same. Still, in usual circumstances, once the debtors win the bankruptcy claim, and the equity interest in the property is exempt, they can retain the property by redemption or reaffirmation.
Filing Petition When A Dissolution Action Is Pending
However, in such cases, you are recommended to discuss the matter with your family law attorney. The attorney is an expert person and they know about the intricacies involved in the laws associated with bankruptcy claim. They will get you the real picture based on your specific circumstances and lots of other factors associated with the same. There can be several implications of filing bankruptcy during the period when a dissolution action, such as a divorce case etc, is pending. Your family law attorney will help you understand those implications and take the right step based on that. What is more, it is also important for you to note that in case the court discharges you from community debts, your spouse will become liable to pay off the entire balance on those debts. In other words, if you file your petition at a time when a dissolution action is pending and community debts are considered as dischargeable debts, the liability will be shifted on to your spouse.
Debts That Can Not Be Discharged In Any Case
Insolvency under this chapter is usually considered as freedom from all kinds of debts. However, there are certain kinds of them that cannot be discharged in any case even after you have won the bankruptcy claim under chapter 7. It depends upon the judgment of the court and your specific circumstances regarding which debts are dischargeable and which ones are not. In normal circumstances, the bankruptcy court considers the following debts as non-dischargeable.
However, the debtors sometimes are not able to get even the dischargeable debts removed because the creditors have filed an appeal against the same. Still, in usual circumstances, once the debtors win the bankruptcy claim, and the equity interest in the property is exempt, they can retain the property by redemption or reaffirmation.
Filing Bankruptcy - Facts You Need To Know
When it comes to filing bankruptcy, there are several facts that you need to understand. Bankruptcy is certainly not a good thing, and you should not file for the same willingly. It is a forced situation, but at the same time, it is also very important for you to understand that when all alternative doors are closed, it comes at your rescue. It gives you an opportunity to fresh start your financial life, wiping out all the previous debts that you owe to various creditors.
Will You Be Able To Get Credit Again?
People usually have the misconception that, when they are granted bankruptcy by the court, all their assets are liquidated completely and they will never be able to get credit again. However, you will be surprised to know that the fact is quite opposite. Very soon, you will start receiving credit-offers from banks and other financial organizations. The only difference is that, they will charge you a little higher interest in comparison to the usual credit-offers. Your credit ability gets affected, but it is nothing like you will never be able to get credit again. However, if you really need a credit to meet a particular purpose, such as to buy an automobile or a home, you are advised to get the credit before filing bankruptcy. This way, you will be able to get some good deals that will charge you a low interest rate. What is more, if we go deep into the technical aspects associated with this crucial financial step, you will be glad to know some interesting facts. For example, if have a credit card with zero balance, you do not need to count them as a creditor. After all, you do not owe anything to the company, which offered you that credit card. The best strategy here should be to keep that card with you so that you could use the same even after the bankruptcy court has granted your petition.
Bankruptcy For Married Couple
Many people have the misconception that, if they are married and one of the spouses gets into a debt problem, it will affect both the spouses, and both of them will have to participate mutually in filing bankruptcy. There is no truth in it at all. It is very important for you to understand that your marital status does not have anything to do with it. Whether you are married or not, if you have borrowed some debt and now are not in a position to pay off the same, the creditors will only ask you for the payment. Therefore, you can file the court petition alone. On the other hand, if both you and your spouse are liable for repayment of the debts and now you want to discharge the same because of your inability to repay, both of you are required to file for bankruptcy together.
Overall, we can see that filing bankruptcy might look like a difficult thing to do, but if you know all the facts, you can certainly make things much easier for yourself.
Will You Be Able To Get Credit Again?
People usually have the misconception that, when they are granted bankruptcy by the court, all their assets are liquidated completely and they will never be able to get credit again. However, you will be surprised to know that the fact is quite opposite. Very soon, you will start receiving credit-offers from banks and other financial organizations. The only difference is that, they will charge you a little higher interest in comparison to the usual credit-offers. Your credit ability gets affected, but it is nothing like you will never be able to get credit again. However, if you really need a credit to meet a particular purpose, such as to buy an automobile or a home, you are advised to get the credit before filing bankruptcy. This way, you will be able to get some good deals that will charge you a low interest rate. What is more, if we go deep into the technical aspects associated with this crucial financial step, you will be glad to know some interesting facts. For example, if have a credit card with zero balance, you do not need to count them as a creditor. After all, you do not owe anything to the company, which offered you that credit card. The best strategy here should be to keep that card with you so that you could use the same even after the bankruptcy court has granted your petition.
Bankruptcy For Married Couple
Many people have the misconception that, if they are married and one of the spouses gets into a debt problem, it will affect both the spouses, and both of them will have to participate mutually in filing bankruptcy. There is no truth in it at all. It is very important for you to understand that your marital status does not have anything to do with it. Whether you are married or not, if you have borrowed some debt and now are not in a position to pay off the same, the creditors will only ask you for the payment. Therefore, you can file the court petition alone. On the other hand, if both you and your spouse are liable for repayment of the debts and now you want to discharge the same because of your inability to repay, both of you are required to file for bankruptcy together.
Overall, we can see that filing bankruptcy might look like a difficult thing to do, but if you know all the facts, you can certainly make things much easier for yourself.
Saturday, March 29, 2008
Bankruptcy Court - Does Getting Bankrupt Stop An Eviction Action Or A Foreclosure?
Bankruptcy court is a special court that handles all types of bankruptcy cases. You can file your petition regarding such cases in this type of a court. These courts have specially been established for this very purpose. It has the final authority with regard to the judgment related to your case. The court looks into several factors and come to a decision that is not very hard for the debtor. At the same time, the creditors also get their money back. However, there are several factors that you need to know while you are planning to avail bankruptcy help. For example, you must know whether getting declared as insolvent will stop an eviction action or foreclosure. Always remember, when it comes to making the best use of your case, education is the key. You have to be well informed.
Does Getting Bankrupt Will Stop An Eviction Action?
If you are filing your petition with the intention to stop the eviction action, the bankruptcy court will consider it a fraudulent act - an abuse of chapter 7. However, if it was not your intention and your filing was genuine, there are chances that it will indeed stop the eviction action. However, it is imperative that you know that such things will only delay the inevitable. If you are the owner of the property, you are entitled to possession of your property. Till the time you get your discharge from insolvency, you can be allowed to remain in the property. On the other hand, if you are found guilty of the abuse of chapter 7, filing bankruptcy will only put you into a much deeper problem, as the court will impose other legal and monetary sanctions on you. You must know at this point that after the inclusion of the new laws, almost no loopholes are left. If you try some fraudulent act, you are quite likely to pay heavily for the same. So, you are recommended to play it safe. Be genuine.
Does Getting Bankrupt Stop A Foreclosure?
In normal circumstances, then the answer is yes. Once the bankruptcy court imposes the automatic stay, it is likely to stop a foreclosure. However, since the properties are usually secured by a deed of trust, the mortgage company retains the option to apply and the court may grant them relief from the legal stay. However, there are several factors in this regard that are taken into consideration. In usual cases, as per the new bankruptcy laws, in order to keep the home that is in foreclosure, it is mandatory for you to make a deal with the note holder.
Very few people know that filing a petition will also stop a wage attachment. What is more, it is also important for you to understand the automatic stay imposed by the bankruptcy court will also stop most of the civil judgments. This legal stay remains in place during the complete proceedings of your case.
Does Getting Bankrupt Will Stop An Eviction Action?
If you are filing your petition with the intention to stop the eviction action, the bankruptcy court will consider it a fraudulent act - an abuse of chapter 7. However, if it was not your intention and your filing was genuine, there are chances that it will indeed stop the eviction action. However, it is imperative that you know that such things will only delay the inevitable. If you are the owner of the property, you are entitled to possession of your property. Till the time you get your discharge from insolvency, you can be allowed to remain in the property. On the other hand, if you are found guilty of the abuse of chapter 7, filing bankruptcy will only put you into a much deeper problem, as the court will impose other legal and monetary sanctions on you. You must know at this point that after the inclusion of the new laws, almost no loopholes are left. If you try some fraudulent act, you are quite likely to pay heavily for the same. So, you are recommended to play it safe. Be genuine.
Does Getting Bankrupt Stop A Foreclosure?
In normal circumstances, then the answer is yes. Once the bankruptcy court imposes the automatic stay, it is likely to stop a foreclosure. However, since the properties are usually secured by a deed of trust, the mortgage company retains the option to apply and the court may grant them relief from the legal stay. However, there are several factors in this regard that are taken into consideration. In usual cases, as per the new bankruptcy laws, in order to keep the home that is in foreclosure, it is mandatory for you to make a deal with the note holder.
Very few people know that filing a petition will also stop a wage attachment. What is more, it is also important for you to understand the automatic stay imposed by the bankruptcy court will also stop most of the civil judgments. This legal stay remains in place during the complete proceedings of your case.
Bankruptcy - Myths and Facts
There are many myths associated with bankruptcy. It is in fact not that scary, as people have considered it to be. The credit for this popularized scariness goes to the several misconceptions that are hovering around this financial step. Let me give you a brief insight into some of those myths.
Myth 1: Filing Bankruptcy: Everyone Will Come To Know
Most people think that when they file for bankruptcy, everybody will come to know about it. Well, it is just a misconception, as until you do not tell anybody specifically about that, it is very unlikely that others will get to know that you are filing bankruptcy. The people who know about this fact include your creditors only. Obviously, you cannot hide this fact from them. However, if you are a major corporation or a prominent person, and media is giving special coverage to your case, you certainly get nothing much to do to keep the proceedings a secret. In normal scenario, despite the fact that such cases are public proceedings, does not mean that your case will be publicized. It is very important for you to understand that you are not the only person who is filing for bankruptcy. There are thousands of others as well. Therefore, it is very unlikely for every case to get the attention of public. No media has enough time, money, work force, or even interest to cover all of these cases. Even publications do not have much space.
Myth 2: Filing under chapter 7 means all debts will be wiped out
Another popular misconception is that, filing under chapter 7 bankruptcy helps you wipe out all kinds of debts completely. The laws pertaining to the same do not allow discharging or erasing some specific types of debts. These specific types of debts may include debts incurred as the result of fraud, government-guaranteed or government-issued student loans, debt related to alimony, debts related to child support etc. What is more, if some legal settlements are also under process, such amounts are also not dischargeable. It means, if in some earlier legal cases, you have been order to pay a specific amount of sum to the person who had sued you, you will be liable to pay the same even after you have been discharged bankruptcy.
Myth 3: All Your Assets Will Be Sold Off If You File Under Chapter 7
Likewise, people also have the misconception that if they file under chapter 7 and are granted bankruptcy, all their assets and properties will be sold off completely. In fact, many people who need to file under this chapter do not do so because of this fear that they will lose everything. However, you will be glad to know that you will not lose everything even if you file under chapter 7. The laws pertaining to the same also provides a provision of exemptions to certain kinds of properties, which may include clothing, household goods, and money in qualified retirement plans, vehicles, residential properties, and much more.
Overall, there are many myths associated with bankruptcy.
Myth 1: Filing Bankruptcy: Everyone Will Come To Know
Most people think that when they file for bankruptcy, everybody will come to know about it. Well, it is just a misconception, as until you do not tell anybody specifically about that, it is very unlikely that others will get to know that you are filing bankruptcy. The people who know about this fact include your creditors only. Obviously, you cannot hide this fact from them. However, if you are a major corporation or a prominent person, and media is giving special coverage to your case, you certainly get nothing much to do to keep the proceedings a secret. In normal scenario, despite the fact that such cases are public proceedings, does not mean that your case will be publicized. It is very important for you to understand that you are not the only person who is filing for bankruptcy. There are thousands of others as well. Therefore, it is very unlikely for every case to get the attention of public. No media has enough time, money, work force, or even interest to cover all of these cases. Even publications do not have much space.
Myth 2: Filing under chapter 7 means all debts will be wiped out
Another popular misconception is that, filing under chapter 7 bankruptcy helps you wipe out all kinds of debts completely. The laws pertaining to the same do not allow discharging or erasing some specific types of debts. These specific types of debts may include debts incurred as the result of fraud, government-guaranteed or government-issued student loans, debt related to alimony, debts related to child support etc. What is more, if some legal settlements are also under process, such amounts are also not dischargeable. It means, if in some earlier legal cases, you have been order to pay a specific amount of sum to the person who had sued you, you will be liable to pay the same even after you have been discharged bankruptcy.
Myth 3: All Your Assets Will Be Sold Off If You File Under Chapter 7
Likewise, people also have the misconception that if they file under chapter 7 and are granted bankruptcy, all their assets and properties will be sold off completely. In fact, many people who need to file under this chapter do not do so because of this fear that they will lose everything. However, you will be glad to know that you will not lose everything even if you file under chapter 7. The laws pertaining to the same also provides a provision of exemptions to certain kinds of properties, which may include clothing, household goods, and money in qualified retirement plans, vehicles, residential properties, and much more.
Overall, there are many myths associated with bankruptcy.
Tuesday, March 25, 2008
Bankruptcy Laws - Some Misconceptions
The bankruptcy laws are quite complicated and that has led to several misinterpretations among people. Especially, after the introduction of the new laws, these laws have become more complex than they were previously. Since the new laws are in the favor of creditors, several debtors have taken these in the wrong spirit. If you are planning to file a court petition under chapter 7 or chapter 13 bankruptcy, it is very important for you to comprehend the basic understanding of the laws so that you can make an informed decision. The attorney will certainly be a great help to you, but the more informed you are, the better are your chances of getting the judgment in your favor. Misconceptions regarding the laws will only make things much more difficult for you. Let us go exploring some of the misconceptions and the reality behind them.
Misconception 1 - After Being Declared As Bankrupt By The Court, The Debtor Will Lose His Or Her Job
The most common misunderstanding about insolvency is that once a person is hence declared, he or she is socially rejected. This is not true at all. Bankruptcy laws prohibit such discrimination. There can be genuine reasons for a person filing for such an unfortunate thing. It should not in any way mean that they are not to be provided with another chance to get their financial life back on track. It is very important for you to understand that the bankruptcy code has been designed to achieve two objectives – protect the debtors and help the creditors get their money back. Therefore, if your employer is firing you just because you have been declared as bankrupt, they are acting against the law. You can file a case against them and fight for your rights.
Misconception 2 - Filing A Petition For Insolvency Means That You Will Be Sent To Jail
Many people think that as per the bankruptcy laws, a person must be sent to jail if he files for it. It is also not true at all, a sheer misapprehension. It is only because of the unawareness of people that they think about such drastic things. It is very important for you to understand that filing bankruptcy will not put you in jail. However, if you are caught in some fraudulent act regarding your case, you might be sent to jail as per the criminal act. But, if your case is genuine and your purpose of filing your petition is just to get protection from the court so that you could get another chance to get your financial life back on track, you will not be sent to jail. Always remember, there are no debtors prisons in the United States.
There are several other misconceptions as well. Therefore, if you want to make the best use of the bankruptcy laws, it is very important for you to be well informed.
Misconception 1 - After Being Declared As Bankrupt By The Court, The Debtor Will Lose His Or Her Job
The most common misunderstanding about insolvency is that once a person is hence declared, he or she is socially rejected. This is not true at all. Bankruptcy laws prohibit such discrimination. There can be genuine reasons for a person filing for such an unfortunate thing. It should not in any way mean that they are not to be provided with another chance to get their financial life back on track. It is very important for you to understand that the bankruptcy code has been designed to achieve two objectives – protect the debtors and help the creditors get their money back. Therefore, if your employer is firing you just because you have been declared as bankrupt, they are acting against the law. You can file a case against them and fight for your rights.
Misconception 2 - Filing A Petition For Insolvency Means That You Will Be Sent To Jail
Many people think that as per the bankruptcy laws, a person must be sent to jail if he files for it. It is also not true at all, a sheer misapprehension. It is only because of the unawareness of people that they think about such drastic things. It is very important for you to understand that filing bankruptcy will not put you in jail. However, if you are caught in some fraudulent act regarding your case, you might be sent to jail as per the criminal act. But, if your case is genuine and your purpose of filing your petition is just to get protection from the court so that you could get another chance to get your financial life back on track, you will not be sent to jail. Always remember, there are no debtors prisons in the United States.
There are several other misconceptions as well. Therefore, if you want to make the best use of the bankruptcy laws, it is very important for you to be well informed.
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