Best Practices to Do Prior to Filing for Bankruptcy

Bankruptcy

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  • I Filed for Chapter 7 Bankruptcy. Will I lose my Assets?

    If you are facing an insurmountable level of personal debt, you may be considering Chapter 7 bankruptcy. Chapter 7 bankruptcy can result in the loss of certain of your assets, but in the vast majority of cases,  the filer’s exempt assets are mostly exempt and you can retain them. An experienced Bankruptcy lawyer will work with you to determine how you may be able to retain your assets in an ethical manner. Cash Any cash you have available, either on hand or in savings or checking accounts, is an asset of your Bankruptcy estate to which the Trustee can look to pay your creditors. However, there are so many exemptions that apply to these funds, that with careful ethical planning, you may plan your bankruptcy…

  • How Will My Bankruptcy Affect My Spouse?

    Bankruptcy is a last resort for the overwhelming majority of people. If you are forced by circumstance to have to file, you almost certainly have a thousand questions about the future, and that load doubles if you are married. Many couples file for bankruptcy jointly, but this is not always the best choice, and either way, it is important to be aware of the potential effects on both your and your spouse’s financial future whether or not you choose to file jointly. Should We File Together? In some situations, it can actually be advantageous to file for bankruptcy as a couple, most often if your financial situations are comparable. If both of you are heavily in debt, it may simply save time and money to…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • Rebuilding your Credit Score After Bankruptcy

    Your credit score will suffer after you file for bankruptcy. Bankruptcy will stay on your credit report for up to 10 years after you file. Although you cannot avoid this hit to your credit, you can take steps to mitigate it by raising your credit score and maintaining good credit habits after you file for bankruptcy and after your case is closed. Below are four strategies to use to help yourself rebuild your credit score after bankruptcy. Using Credit Cards Although credit cards might be what got you into debt in the first place, you can use them responsibly and rebuild your credit score at the same time. Consider getting a secured credit card, a card with a credit limit determined by the collateral you…

  • Do I Qualify for Chapter 7 Bankruptcy?

    For individuals who are struggling with personal debt, such as credit card or medical debt, there are generally two bankruptcy options: Chapter 7 and Chapter 13. Each has unique demands for the bankrupt individual and unique benefits. Although many consider Chapter 13 to be the less austere because you may keep unlimited assets, you might be in a situation in which Chapter 13 is less helpful to you than Chapter 7 bankruptcy. Whether this is the case for you depends on multiple factors, such as the reason behind your debt and your income to debt ratio. Chapter 7 bankruptcy is only available to individuals or businesses in certain financial situations. To qualify for Chapter 7 bankruptcy, an individual with mostly consumer debt must pass the…

  • Do I Still Have to Pay Alimony if I File for Bankruptcy?

    If you have an alimony order, you are familiar with the financial pressure it can put on you each month, especially when you are also dealing with personal debt. Though it can be tempting to just ignore your alimony order or pay less than you are required to pay, do not give into this temptation. When you have an alimony order in place, you are legally required to make your payments. Filing for bankruptcy will not terminate your alimony order. Understanding What the Automatic Stay Stops and Does Not Stop When you file for bankruptcy, the automatic stay goes into effect. This is an automatic order that stops all creditors’ collection attempts, basically pausing your responsibility to repay your debts. However, it does not stop…