Bankruptcy Law (16)

You may notice that some people seem lucky. When confronting difficult situations they have better options, rebound quickly, and come back stronger. This is not luck. These people plan for success and keep their options open.Planning for financial success is not as hard as many people lead you to believe. In most situations, discovering you best strategy is nothing more than comparing your options before making a decision. Everyone dreams of winning the lottery occasionally but few believe it is likely. You also know with certainty that bills pour into your mail each month. You have a plan to pay them the best you can, but do not rely on lottery winnings. This simple decision silently includes risk vs. reward analysis based on probabilities.If you have difficulty paying your monthly expenses, it is time to reevaluate. You have a wide range of options to reduce your expenses, eliminate debt and…
The basic qualifications to file bankruptcy again remain the same. U.S. citizens, army personnel serving over seas, and any person who owns property or does business within the U.S. may file bankruptcy. Chapter 7 imposes additional restrictions based on a previous case. You cannot re-file Chapter 7 within eight years of a prior Chapter 7 discharge, or within six years of a prior Chapter 13 discharge (unless unsecured creditors received at least 70% of their total debt), or if a prior case was dismissed with prejudice within the last 180 days.The means test poses the greatest hurdle if filing Chapter 7 again, and determines the amount of the monthly payment owed to a Chapter 13 trustee.The means test became effective in late 2005. Since that time, all people who file bankruptcy under either Chapter 7 or Chapter 13 must take the test. In theory, the test measures monthly disposable income…
A wide variety of circumstances can place virtually anyone in a precarious enough financial situation that may merit filing bankruptcy. Understandably, this can be a very scary thought for most individuals; however, there are a number of resources available to help you. A good start to understanding what your financial options are, including bankruptcy claims, can begin with a cursory understanding of bankruptcy in general. Essentially, bankruptcy allows debtors to reorganize themselves financially or discharge debts under the Bankruptcy Code. Types of Bankruptcy There are numerous types of bankruptcy; however, for most individuals, bankruptcy claims will either be filed as Chapter 7 or Chapter 13 bankruptcy. Under Chapter 7 bankruptcy, individuals will attempt to discharge certain non-secured debts, as well as rectify outstanding secured debts through the sale of assets. In most cases, there are some debts that cannot be discharged and must be rectified, including tax obligations, criminal fines,…
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