How to Know When it is Time to File for Bankruptcy

Bankruptcy

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  • Considering Bankruptcy During Tax Time

    If you are like the numerous other Americans who file for bankruptcy protection every year, you may be concerned about the long-term implications of filing. Maybe you worry how you will be able to afford a bankruptcy lawyer, or how long it will take to rebuild after the initial financial crash. But one thing you may not be thinking about is your taxes. Before you file your returns, here is what you should know about bankruptcy and taxes. What happens to my tax refund if I file for bankruptcy? It is important to consider what type of bankruptcy you are filing. In general, however, the bankruptcy court is concerned with making sure your creditors get paid as much as possible, while allowing you the protections…

  • Loan Modification Now Available Through Chapter 7 Bankruptcy

    Orlando has one of the highest rates of “under water” mortgages in the nation. This means that many central Florida families owe far more on their homes than the actual fair market value. Instead of having an investment, these folks are saddled with a liability that they cannot even sell to escape the payments. Individuals in this unfortunate situation often turn to bankruptcy to save their homes and regain some financial stability. However, the process is not easy. Bankruptcy comes in two varieties: Chapter 7 or Chapter 13. Bankruptcy lawyers typically advise people who have significant assets to opt for Chapter 13, because this form of bankruptcy allows the debtor to restructure his or her debt and spread payments over a longer period. For low-income…

  • Don’t Take Debts Lying Down: Demand Validation

    Millions of Americans find black marks on their credit reports each year. Many of those are completely false. Some are not even their debts at all. Others reflect actual accounts but the amounts are wrong or have already been paid. Many people just accept this as part of life, assuming it is too difficult to fight against these negative items. However, a little effort can go a long way. You can fight false collections and inaccurate items reported on your credit before you determine that bankruptcy is the right step for you. The first step is making the creditor prove you owe a debt. Debt Validation When a debt is sold to a third party collector, that collector is then entitled to attempt to get…

  • Eliminating Divorce Obligations through Bankruptcy

    Bankruptcy is a tool used by many to reduce debts that they cannot reduce on their own. Individuals struggling with personal debt can use Chapter 7 or Chapter 13 bankruptcy to discharge their debts. If you are considering filing for divorce, you might be worried about the costs involved with the divorce process and the debt you might face when the process is complete. Discuss your concerns with your lawyer to get a better sense of what you can expect from your specific case. Bankruptcy and the Automatic Stay When you file for bankruptcy, an automatic stay is enacted. This is a court order to your creditors to cease all collection attempts until the bankruptcy is finalized. Having an automatic stay in place to stop…

  • Best Practices to Do Prior to Filing for Bankruptcy

    When you are facing an insurmountable level of personal debt, bankruptcy can be the way out. Although bankruptcy is not a legal process to take lightly, it is one to seriously consider if you feel like you cannot take control of your debt through other means. You can make the bankruptcy process easier for yourself by taking the time to educate yourself about all that the process entails. Use what you learn to prepare for your bankruptcy before you file. By taking the following steps before you file for Chapter 7 or Chapter 13 bankruptcy, you can make the process less stressful for yourself. Seek Credit Counseling By law, you are required to receive credit counseling from an accredited credit counseling agency before you can…

  • Top 5 Bankruptcy Myths Dispelled

    Deciding to file for bankruptcy is a huge decision. It will impact your life for years and can cause a lot of stress. But if your head is spinning with questions about how to file and what will happen if you do, then take comfort. You are not alone. CNN Money estimates that 72 percent of Americans were stressed about money in December of last year. If you are facing a bankruptcy, your first step should be contacting an experienced lawyer who can guide you through the process and help you decipher between real concerns and unnecessary fears. To illustrate, here are just five of the biggest bankruptcy myths plaguing consumers today. You have to give up everything you own. It is very unlikely you…