Posts tagged "bankruptcy"

    Personal Debt Solutions with a Bankruptcy Attorney

    The decision to file for assisted debt consolidation and repayment plan options with your local bankruptcy attorney is never an easy conclusion to reach. It affects the individual, married couple, family, and business credit future for several years. However, the mounting debt has already had an effect on one’s stress and budget that has been tightened to the degree of a juggling act of minimal resources from one utility to the other. It has barely left room to sustain your business, to continue mortgage payments, or for enough groceries for the month. Once you discover that filing for Chapter 7 or 13 is your last option then seeking the counsel of a learned bankruptcy attorney to confidently guide you through the steps of government agency consolidation to acknowledge and itemize your income and debt. Your ability to file is based on several conditions one of which is your personal or professional debt to income ratio.

    The two types of personal filing that a bankruptcy attorney can help you with are Chapter 7 for those with very little property and no equity and Chapter 13 for those with home equity as well as other assets and steady income to facilitate a limited but meaningful form of debt repayment. On the one hand, for Chapter 7 filers they must meet two pre-filing obligations. First, they must complete credit counseling to make sure they understand their individual debt to credit ratio and become better prepared for the steps that lay ahead. Second, he or she has to complete a means-test that indicates whether their income is capable of covering basic expenses and the amount of excess, if any at all. On the other hand, Chapter 13 filers must have unsecured and secured debts below specific figures of $360,475 and below $1,081, 400 respectively. Once the specific case has been deemed worthy of Chapter 13 because existing assets will not cover the repetitive onslaught of monthly bills, a repayment plan will be enacted. During a period of 3 to 5 years, the filer will not be contacted by or have any direct payment dealings with collectors. A specific amount will be agreed upon and distributed amongst the debt collectors on the filing party’s behalf. These steps make it a successful system to assist individuals whose insurmountable debt requires guidance to rectify.

    A bankruptcy attorney can help you through the understanding of the benefits and your application process. Yes, your inability to pay your debts does reflect badly on your ability to effectively utilize credit, to certain employers and future credit lenders. However, during your time of repayment lawyers protect you against aggressive debt collectors as well as abreast of the details of the chapter that you have filed and the obligations thereafter once it is carried out. You don’t have to fear the consequences of filing because the results are transparent. The only thing to fear is the lasting results of going into default, losing your vehicle for work, your home for your family, or ability to feed your children. There are certain staples of life that aren’t worth risking because of a temporary mismanagement of credit.

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    Posted by admin - December 19, 2011 at 11:30 pm

    Categories: Credit Debt Articles   Tags: , , ,

    The IVA – A Workable Process

    Anyone living in the UK that is suffering from a massive amount of debt needs to become familiar with what an IVA is. The reason for this is that an IVA might be the only means in which getting out of debt may prove possible. It could also prove to be the only means in which one can avoid bankruptcy even when debts and liabilities have reached epic proportions.
    To help those that may be under the enormous weight of impending bankruptcy, it is best to take a little time out and examine what this process entails and how the IVA can help.
    The Individual Voluntary Agreement can be considered a legally binding alternative to bankruptcy proceedings and litigation. This agreement could prove to not only be a better option for the debtor but also for the creditors since it is a much less involved process than actual bankruptcy.
    An IVA can be dubbed a repayment proposal in which an insolvency practitioner will offer to the creditors. Specifically, these will be creditors of unsecured debt which is debt that does not involve collateral. Secured debt is not addressed in this type of process.
    The Individual Voluntary Agreement surrounding unsecured debt will be sought when it becomes obvious the debtor is in no position to pay back what is owed. The debtor is clearly headed towards bankruptcy which means the creditors might not receive their full repayment. The debtor will also have to experience the ruination of his/her credit report which is not a good outcome. The IVA provides a much better pathway to dealing with the scenario since bankruptcy will be completely averted.
    Beginning an IVA solution for your debt begins with a good IVA advice on how you will repay your debt to your creditors. An Insolvency Practitioner or IP would then be discussing with you on how much you can afford to pay in a month to your creditors. Upon arriving at an agreement on monthly payment, the IP will establish an IVA proposal which will be presented to your creditors. The proposal shall contain a factual amount that you can afford to pay in an IVA every month and set for a period of five (5) years for which your debts shall be paid within that duration.
    There are never any easy ways to deal with high amounts of debt and no one will ever suggest there is. However, the concept of an IVA can provide a viable recourse for those that do wish to take the long and hard steps needed to address a debt problem.

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    Posted by admin - November 10, 2011 at 1:30 pm

    Categories: Credit Debt Articles   Tags: , , ,

    Bankruptcy advice and help going bankrupt

    We provide some simple bankruptcy advice and help if you are thinking about declaring yourself bankrupt.

    If you hear or see the word bankruptcy it is normally enough to send waves of panic through your whole body.

    This is because if someone suggests declaring yourself bankrupt the image it conjures up is often one of failure and losing everything.

    However once you find out the real facts about bankruptcy, you may discover that it is the best way to deal with your debts and turns out to be a real life saver.

    What is bankruptcy?

    Declaring yourself bankrupt means that you make an application to the court to say that you are unable to repay the debt that you owe.

    Once the court declares you bankrupt all of your unsecured debts are taken away from you straight away. Your creditors must then stop all their debt collection actions against you.

    Part of the bankruptcy procedures includes giving information about your income and living expenses. Based on this if you can afford to do so you will be expected to make a payment towards your debts for up to three years.

    One of the major worries that people have about going bankrupt is that they think they will have to sell everything they own. This is nonsense. You are allowed to keep all of your normal household goods. However it is true that if you own an expensive car you might have to sell or downsize.

    Many people also worry about losing their home. If there is equity in your property declaring yourself bankrupt may put the property at risk. However if you have little or no equity it is highly likely that there will be no affect on your home and you will be able to keep it.

    Declaring yourself bankrupt

    If you want to declare yourself bankrupt you will need to follow three main bankruptcy procedures.

    The first bankruptcy procedure you will need to go through is the completion of the necessary application forms.

    It is very important that you complete the bankruptcy application forms correctly as the information you give will form the basis of decisions about whether you are asked to make a monthly payment towards your debts and what happens to assets such as you house.

    Once your forms are properly completed the second bankruptcy procedure involves you taking them to your local country court (or the Royal Courts of Justice if you live in London).

    You should go to court in person. You will be asked to pay a court fee and may have to have a brief private meeting with a District Judge. If you have completed your forms correctly you will be declared bankrupt on the day.

    The third bankruptcy procedure is a meeting with the official receiver. The meeting will normally take place on the telephone a week or so after you have been declared bankrupt.

    This meeting is important as the official receiver will want to make sure they understand the information you included in your application form. It is the official receiver who makes the decisions about what will happen to your car and if you will have to make a monthly payment, not the court judge.

    Help going bankrupt

    For many people, bankruptcy can be a very effective way of getting out of debt and will result in the majority of their debt being written off.

    Bankruptcy is often ideal if you are not a home owner. However even if you do own your own home it you may well be able to keep your house particularly if there is little or no equity in it.

    However to understand exactly what bankruptcy will mean for you it is important to get proper bankruptcy advice.

    It is also very important that you carry out the bankruptcy procedure of completing your applications forms correctly. As such if you are at all worried about this you should get bankruptcy help from an expert.

    Following this simple bankruptcy advice may well result in you making a sensible decision to declare yourself bankrupt rather than struggling to repay your debt for many years using a different debt management solution.

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    Posted by admin - October 31, 2011 at 2:30 pm

    Categories: Credit Debt Articles   Tags: , , ,

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