Top 5 Bankruptcy Myths Dispelled

Similar Posts

  • 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…

  • 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…

  • What Not to Do When you File for Bankruptcy

    When you file for bankruptcy, there are certain things you need to do like complete a credit counseling session. You also need to make sure you are eligible for the bankruptcy chapter you file. There are also certain things you should do when you are working through the bankruptcy process, like create a household budget and educate yourself about the bankruptcy process. There are also things you should not do when you are completing a bankruptcy case. Certain mistakes can make your bankruptcy more difficult, while others can actually result in a dismissal of your case or criminal charges. Talk to your lawyer about mistakes to avoid during the bankruptcy process and how you can make the process as straightforward for yourself as possible. Do…

  • What Are Bankruptcy Exemptions?

    When you decide to file for Chapter 7 or 13 bankruptcy, you may fear that you will have to surrender all your assets or be restricted to subsistence income. However, this is not the case.  There are some assets that the government has no interest in taking, and there are some which will fall under what the Bankruptcy Code calls exemptions. Florida maintains a list of exemptions, so that those who are forced to file can still retain most if not all of their possessions. State vs. Federal Exemptions In Florida, unlike in some other states, a filer may not use the federal government exemptions for his bankruptcy with rare and specific exceptions.  However, it is generally considered to be a better deal, as the…

  • Misconceptions About Chapter 13 Bankruptcy

    When most people file for bankruptcy, they file under Chapter 7 of the U.S. Bankruptcy Code. However, there is another alternative. Chapter 13 is available to debtors who have slightly different circumstances than the average bankruptcy filer, and while there are a few more obligations to filing Chapter 13, it may benefit you more than a Chapter 7 bankruptcy. Myth: A debtor must have very low income in order to file  Chapter 13.  False – a Chapter 13 filing is actually referred to as a wage earner’s plan.  You must have enough income to be able to make monthly payments on your plan – without it, a Chapter 13 plan is not viable.  If you have very low income, a bankruptcy professional will likely counsel…

  • 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…