Tag: Debt Settlement & Remediation

The Difference between Chapter 13 and Chapter 7 Bankruptcy

Sometimes situations arise when you can no longer pay your bills. Although you may have the best intentions of paying off your debt, you simply may not have the means to make this happen. When you can no longer pay your bills, you may need to consider filing bankruptcy for debt resolution. Hopefully, you will have considered your alternatives, but sometimes bankruptcy is the most viable option.

You’ll find both the chapter 7 and chapter 13 in the US bankruptcy code and they both deals with individuals. There are significant differences between the two, and if you plan on filing your petition, meaning without the help of a bankruptcy attorney, then you need to be aware of these differences and make sure you prepare your bankruptcy petition accordingly, though it is not recommended that you go it alone, it’s just too easy to make mistakes and get denied.

What is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy means that every non-exempt asset you own will be liquidated to pay your creditors. It is likely that much of the property you own is considered exempt and, therefore, not subject to liquidation. A skilled bankruptcy attorney can take a look at your case and let you know what you would be able to keep should you file for Chapter 7 bankruptcy. If you choose to file for bankruptcy under Chapter 7, you will be required to take a “means test” to ensure your income is not higher than a certain amount. Should your income exceed that certain amount, you will not be considered eligible to file for Chapter 7 relief?

What is Chapter 13 Bankruptcy?

A Chapter 13 bankruptcy can be called “payment plan” bankruptcy. A debtor makes monthly payments to the bankruptcy trustee over the course of 3 – 5 years. Once all payments have been completed, most debts are discharged. How much does a debtor have to pay each month? In a nutshell, a debtor’s monthly payment will be the debtor’s monthly take-home pay minus the debtor’s “reasonable monthly expenses.” A competent bankruptcy attorney will be able to assess your income and expenses and help estimate what your monthly payment will be.

What are the Differences between Chapter 7 and Chapter 13 Bankruptcy?

Individuals can file both forms, and they will both have a negative impact on future ability to obtain credit; however, there are some fundamental differences to be aware. The main differences are the control of property and assets and the length of time for court involvement. Under Chapter 7 Bankruptcy, individuals give up their rights to excess property and assets and can get out of bankruptcy quickly. In a Chapter 13 filing, the individual will get to keep control of his or her property, but be under court supervision for a more extended period.

Both the chapter 7 and chapter 13 come with pros and cons. So, before you commit to either one, you should sit down with a bankruptcy attorney and go over your obligations and options completely. Weighing out the pros and cons of both types and basing your decision on your current situation, you will be able to decide which route you should go with smoothly.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

The Best Bankruptcy Option For Your Situation

Have you ever been overwhelmed by debt? Have you ever considered if bankruptcy was the next step in your financial recovery? There are numerous advantages and disadvantages that come with filing for bankruptcy. We will look into common myths that surround bankruptcy and when it may be the best option for you.

Bankruptcy is an arrangement in federal law that allows individuals and businesses to get a reprieve from their debts and to get a fresh financial beginning. This system allows honest individuals who have fallen on hard times to get on with their lives without the harassment that comes from creditors.

There are two common categories within bankruptcy law that can be declared: chapter 7 bankruptcy and chapter 13 bankruptcy. In the most basic terms chapter 7 bankruptcy liquidates non-exempt assets and the proceeds are used to pay off creditors. This is a solid option when there is a large amount of unsecured debt to be covered by a small income. Chapter 13 bankruptcy helps individuals and businesses to reorganize and adjust their debts while using a repayment plan to cover the outstanding debt. This is a good option for those debtors that have an income and want to avoid foreclosure and catch up on outstanding bills.

A major advantage of filing for bankruptcy is that creditors are on notice to stop trying to collect outstanding debts from you. This means that they no longer can call you, send you letters, file lawsuits, garnish wages or seize your assets.

A major disadvantage in declaring bankruptcy is the devastation it wreaks on your credit score. Another issue that arises in bankruptcy is that certain non-exempt assets can be sold and debts from mortgages, student loans, taxes, alimony and child support cannot be discharged.

There are many myths in bankruptcy. One myth is that by just stating you want to file bankruptcy you have declared bankruptcy. This is not true. For bankruptcy to be legal you must file the right paperwork, go to credit counseling and pay the fees. It all reality it is best that a bankruptcy attorney is hired to facilitate the process to avoid legal complications from arising with improperly filed paperwork.

Another common myth is that you can go to jail for owing money. This is untrue. It is not against the law to owe money no matter how aggressive the debt collector is. One myth is that by just stating you want to file bankruptcy you have declared bankruptcy. This is not true. For bankruptcy to be legal you must file the right paperwork, go to credit counseling and pay the fees. It all reality it is best that a bankruptcy attorney is hired to facilitate the process to avoid legal complications from arising with improperly filed paperwork.

Another common myth is that you can go to jail for owing money. This is untrue. It is not against the law to owe money no matter how aggressive the debt collector is. Yes, creditors can sue you or take you to court but they cannot send you to jail.

Consider filing for bankruptcy if you are unable to meet your financial obligations. If you have been work for an extended period of time, delinquent on your taxes, nearing foreclosure on your home, having your wages garnished or pending a law suit on delinquent bills it may be time to meet with a bankruptcy attorney to further look into the benefit bankruptcy may have for your financial future.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Knowing When It Is Time Seek A Bankruptcy Attorney

When it comes to filing for bankruptcy different thresholds exist for when it is time to call it quits and throw in the towel.  For many clients filing for bankruptcy comes after months of calls from creditors threatening to garnish wages or threatening to take you to court for not paying your debts.   The media bombards us with nightmarish tales of bankruptcy and the stigma that we assume will follow often deters seeking assistance.  With all this going against you how do you truly know when it is time to throw in the towel, meet with a bankruptcy attorney and file for bankruptcy?

If you think you are reaching the financial danger zone there are a few questions you can ask yourself to determine if there is a way out or if bankruptcy is the only option.

First, look at the payments you are currently making on your outstanding debts.  Are you only making the minimum payment?

The next thing to address is the issue of creditors and harassing phone calls.  Do you find that you can’t make it a day without getting a phone call from someone that is seeking to collect on a debt that you owe?

When you begin to think about getting your financial house in order and sort out your finances do you get nervous?  Are you plagued with nightmares when you think about creating a budget?

Have you taken the time to add up the exact amount that you owe?  Is debt consolidation a consideration?  Does the amount of money that you have coming in make it feasible to buckle down and get ahead within the next five years?

If you can answer yes to any two or more of the questions listed above then it may be time to seek out the advice and counsel of a local bankruptcy attorney.  Bankruptcy is a definite option to assist you through uncertain financial times.   If you owe more than you can afford to pay while continuing to live a minimal standard of living then it is time to give bankruptcy a fair consideration.

You can seek relief from bankruptcy by voluntarily filing or if creditors ask the court order you to file for bankruptcy protection.  In either situation you will want to consult with a bankruptcy attorney to determine the next course of action for your current circumstance.  There are two different types of bankruptcy laws you can file for protection under: chapter 7 and chapter 13.  Meeting with an attorney that specializes in bankruptcy will allow you to proceed in the most appropriate manner.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Reasons Behind Filing For Bankruptcy

Why do people end up filing for bankruptcy?  This is a question that is often posed to bankruptcy attorneys and the answer people expect to get back is that people just aren’t responsible with their credit cards.  This however, more often than not, is not the reason people end up faced with the option of bankruptcy.  In fact most people that are facing bankruptcy dread being there.  It isn’t a decision that has been made freely.  In fact, most people are almost forced into it after spending months on end of harassing calls from creditors and such.

One of the most commonly seen explanations for people looking into bankruptcy is because of illness or disability.  When a family member becomes ill the entire family has to adjust.  This may mean that the family is left without the same budget that they have become accustomed to.  An illness can fall on a parent or child contributing to a change in income.

Not only does the expense of medical care come into play but the loss of income when time off is needed to provide care.  This leaves many families falling behind on bills as payments that were being made were based off of the excepted income to stay the same.   This is a common development that bankruptcy attorneys see in family’s seeking debt relief under federal bankruptcy.

Another common reason that people find themselves filing for debt replied is unemployment.  When individuals are out of work and unable to find a source of income it becomes pretty difficult to pay your bills.  Often what we see is that people will go a period of time without a job and begin to fall short on paying their bills.  As payments start to add up, even after a person does find employment it is difficult to dig them out of the hole they have found themselves in.  For instance, a thirty thousand dollar debt at twenty percent interest is difficult at best to pay off when making only forty five thousand a year.  The debt starts to become overwhelming and leads to desperation.

About thirty percent of people that are going through bankruptcy have also divorce within the past five years.  The ramifications of a divorce aren’t often felt till a few years after the dust has settled on the process as a whole.  This is especially true of women who find they are raising children in a single parent home collecting less than needed to live and raise children.  They begin to fall back on the old standby of payday loans, credit cards and personal loans.  Eventually this catches up to them and they find that there is nowhere else to turn.

There are a number of myths that surround individuals finding they are at need to look into bankruptcy debt relief.  Don’t fall victim when it comes to categorizing things in a simplistic manner.  Most people going through bankruptcy are doing so because they are all out of options and they have nowhere else to turn.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Consult A Bankruptcy Attorney If You Are Thinking About Filing Bankruptcy

There is a certain appeal to bankruptcy.  By the time you have reached the point in which you are considering bankruptcy you have endured countless hours of harassing phone calls from debt collectors and have spent many sleepless nights stressing about making minimum payments.  The idea that you could move forward into a financial future that is wiped completely debt free or with a detailed court ordered repayment plan is tempting.  This is especially true when faced with an overwhelming debt and little means to pay the funds back.

Bankruptcy is of course more complicated than running a few numbers.  There are some long lasting affects that should be taken into consideration before filing for either Chapter 7 or Chapter 13 bankruptcy.  The impact that bankruptcy has on your credit lingers and impacts a variety of aspects within your life.

Not only does bankruptcy wipe most of your debts away it also makes it difficult to establish yourself financially for years to come.  It will be difficult to open new credit accounts, buy or rent a home, find a company for insurance, get a cell phone and even possibly impact your employment.  In fact most bankruptcy attorneys will tell you that bankruptcy should be considered as a final, extreme method to resolving your financial issue, only considered after trying other budgeting, credit counseling and financial efforts to remedy the situation.

In order to begin the bankruptcy process it is recommended that you seek counsel from an experienced, reputable attorney that specializes in bankruptcy cases.  In order to seek relief from bankruptcy you must first take a step towards credit counseling from a government approved organization.  This must have occurred within six months of filing.  A means test will be performed to confirm that your income does not exceed an amount specified by the state.

After this is accomplished, with help from your bankruptcy attorney you will properly fill out the forms applicable to your bankruptcy situation.  An attorney should be present with you throughout all proceedings going forth.

The type of bankruptcy in which you choose to file for will be directly related to your situation including the assets and property you own, including your home, your income and several other factors.  Those debtors with a consistent income are encouraged to look into filing Chapter 13 bankruptcy over Chapter 7.

Chapter 13 allows individuals with a consistent income to keep their homes and cars which may be lost under a Chapter 7 bankruptcy.  With Chapter 13 bankruptcy the bank will create a repayment plan to allow you to hold on to certain property.  You must repay certain debts such as outstanding child support, student loans, taxes and other debts that are specified by the court.

Chapter 7 bankruptcy essentially allows you discharge most all of your debts.  Property of value is collected and then sold off.  A trustee of the court will take the funds raised and split them accordingly to creditors.  Certain debts may not be written off such as child support, spousal support, student loans and such.

If you are considering bankruptcy the first step you should take is to meet with legal representation.  They will offer you advice on how to proceed including those items that can hinder your ability to receive a discharge of your debt through bankruptcy.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

 

Is It Finally Time To Talk With A Bankruptcy Attorney

How do you know if it is finally the time for you to throw in the financial towel and start a serious discussion about filing for bankruptcy?  The term itself is one that invokes an array of emotions: failure, sadness, defeat, relief, disappointment and more.  Bankruptcy doesn’t just involve individuals it is also something that can occur to corporate companies.  In a world where living in debt seems to be the norm how do you know when it is time to finally call it quits and meet with a bankruptcy attorney to seek relief.

When assessing if you are in the financial disaster zone there are a few questions to ask yourself.

1)      Is it only financially possible for you to make the minimum payment on your credit cards?

2)      Do you have bill collectors calling you on a regular or semi-regular basis?

3)      When you think about sitting down and working out a plan for your financial future are you scared?  Do you feel like your life is spinning out of control?

4)      Are you using your credit cards for necessities such as gas and groceries?

5)      Have you considered debt consolidation?

6)      Does it make you nervous to total the amount you actually owe?

If you have answered yes to more than one of the questions about it is possible that you need to give our financial situation a serious look.  Bankruptcy is a very viable solution when you actually owe more than you can afford on a regular basis.

The first step is to make a list of your liquid assets.  This should include items such as real estate, stocks, bonds, college savings accounts, non-bank assets, real estate and more.  A rough estimate of these figures should be good enough for these purposes.

The next step is to create a detailed list of bills and credit card statements.  When the value of your assets is less than the amount of debt that you owe one way out of this situation is speaking with a bankruptcy attorney and declaring bankruptcy.  This is not an issue that is ever easy.  Bankruptcy is not a simple, sure all for debt that is spinning out of control.

Bankruptcy can happen in two different manners.  The most common routes for individuals and corporations is to voluntarily consult with an attorney who will assist you through the proper channels in filing bankruptcy.  A second manner in which bankruptcy is filed is that creditors ask the court to order individuals into bankruptcy.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Mistakes To Avoid When Filing For Bankruptcy

If you are contemplating the need to file for bankruptcy then it is important to avoid these common pitfalls that can affect the success of your bankruptcy.  Some of the financial actions and various behavioral actions can affect your ability in achieving a Chapter 7 or Chapter 13 bankruptcy discharge.

By providing erroneous, partial or deceitful information on either your bankruptcy paperwork or at your 341 Meeting of Creditors you will be charged with perjury.  Misrepresenting the information that will be used in the judgement of your discharge can lead to criminal prosecution.  You also need to make sure that all of your bankruptcy paperwork is filled out correctly.  The bankruptcy attorney that is representing your needs to make sure that the paperwork is complete in full.  If any of the boxes are left empty you will need to make sure that amendments and additional paperwork is done to correct the issue.

Make sure to list all of the creditors and debt that you wish to discharge.  If at some point it is realized that an asset is not included a Chapter 7 trustee make choose to repossess the property.  The case may be dismissed if you forget any of the much needed schedules or forms that are needed.  If you forget a debt then this debt will not be considered in the discharge agreement.  Similarly if you forget to list an asset it may be taken away from you.  The process of completely filling out paperwork for your bankruptcy is needed to guarantee a smooth bankruptcy proceeding.

Next you must make sure that you have filed tax returns for the two years prior to filing for bankruptcy.  Better yet make sure you are up to date in filing all of your federal and state tax returns to ensure proper processing.  You will not be able to move forward with the bankruptcy proceedings unless you file the past tax returns.

You should also never continue to rack up new debt when you are about to file for bankruptcy.  Any debt that is racked up between seventy and ninety days prior to filing for bankruptcy this debt may be denied in the discharge of your bankruptcy.  Any luxury item that is bought on credit within ninety days of filing for bankruptcy in an amount greater than six hundred dollars may also be denied discharge as well.  Creditors may claim that there was an intention to deceive and that there was no intent to repay the debt.

There are several other unique situations your bankruptcy attorney will advise you to stay away from in the months before you begin the process of filing for divorce such as: moving assets around, selectively repaying only certain loans, ignoring impending collection actions or file for bankruptcy just before you are about to get a substantial payout or asset.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Hiring A Bankruptcy Attorney To Represent You

If you are considering bankruptcy the last thing you need is stress over hiring an attorney.  It is best to find a qualified individual to represent you throughout the bankruptcy proceedings.  Don’t thoughtlessly choose a bankruptcy attorney based on criteria such as their fees or the fancy advertisements.   Below you will find the five “musts” in choosing a lawyer to represent you.

Bankruptcy Lawyer Essentials

Many individuals choose an attorney based on their fees.  This can be one element in the decision process but must not be the key factor in deciding on an attorney.  Depending on where you are located bankruptcy attorneys can charge between one thousand and three thousand dollars to process either a Chapter 7, liquidation or Chapter 13, personal reorganization.

Reputable bankruptcy attorneys will never quote a fee over the phone.  The cost of the bankruptcy should include considerations specific to your current situation.  An attorney’s flat fee will include a consultation that reviews and analyzes the client’s current financial situation, preparing the bankruptcy petition, reviewing the petition with the client, meeting with creditors, following up with creditors all the way through the discharge of the bankruptcy.

Theoretically, any lawyer can process your bankruptcy however it is best to hire only an attorney specializing in bankruptcy to handle your proceedings.  An attorney that limits the number of specialties they focus on is a better bet than one that dedicates their practice to ten different areas of law.

Look for a practice where the attorney you initially meet with is the same one that will represent you at the bankruptcy hearing.  Many shady firms exist in which they churn and burn cases without taking into consideration each of the clients specific needs.  These firms are infamous for haphazard legal work, clients who are discontent as well as trustees and judges that don’t necessarily trust their intentions.

Don’t ever choose an attorney that isn’t easy to talk with.  Sharing private financial information is uncomfortable enough let alone if it is uncomfortable to speak with the attorney.  The amount of information shared between the client and attorney significantly decreases if there is uneasiness between them.  Filing for bankruptcy is an emotional process.  Open communication is a must in the client/attorney relationship.

It is not impossible to hire a lawyer that specializes in bankruptcy who is reasonably priced, reputable and easy to talk with.  Filing for bankruptcy is not a process that can happen overnight and neither should be hiring an attorney.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Creating A Life After Bankruptcy Second Installment

In our previous installment on life after bankruptcy we discussed the curveball filing for bankruptcy can throw at you.  In this installment we will continue to review ways in which you can rebuild your financial life after filing for chapter 7 bankruptcy or chapter 13 bankruptcy.

Bankruptcy attorneys recommend that individuals who have filed for bankruptcy begin to re-establish their credit as soon as they possibly can.  One way to accomplish this is by establishing a personal line of credit that is secured through a savings account.  This helps to establish credit without the risk of spending more than you have available to spend.  The one element to remember is that the interest you will pay for the line of credit will far outweigh what you will earn in interest on your savings account.

Hold off on buying a car until you have built there has been time to establish credit again.  It takes about two years to get to the point when you should start searching out loans such as home loans and automobile loans.  Continue re-building credit during this time to ensure you can obtain a loan when you start looking into larger financial purchases.

If a credit card is obtained use it only for emergency situations.  Do not card hop between credit card companies either.  Stick with one or two companies to help improve the long term credit record that is being established.

Be cautious of scams after filing for bankruptcy.  Many scams exist and scam artist prey on individuals who they believe to be susceptible.  Vulnerability is often a symptom experienced after an experience like bankruptcy.   Don’t give into it.  Never believe that anyone that promises to fix your credit.  There is no magic method in establishing credit after your bankruptcy is settled.

Rebuilding credit after bankruptcy takes time.  While you are re-establishing your financial life be wary of any offers that sound too good to be true.  Your bankruptcy attorney will recommend taking time before accepting any offers of extended credit or instant credit fixes.  Research all companies offering anything.  It is more likely than not that a quick online search will offer you a great deal of information on any and all companies that are known to be scam artists.

After researching an offer, if there is still any doubt don’t go further with the deal being presented.  Walk away from offers that aren’t a hundred percent above board.  When re-establishing your credit it is your financial reputation on the line be sure to protect it at all costs.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.

Creating A Life After Bankruptcy

Bankruptcy can literally throw a curveball into your life when you really need a fastball up the middle.  It may look like a dead end at the end of a long bumpy road but in reality bankruptcy is the yellow brick road to getting your financial life back on track.  When you go through with a bankruptcy no matter if you file for Chapter 7 bankruptcy or Chapter 13 bankruptcy there is a process in which to get back on your financial feet.

It is crucial that you begin by creating a budget.  Take into consideration the source and amounts of income coming in verse the debt source and amount of debt going out each month.  When creating a budget it is crucial to set a realistic goal of saving and spending.  The most important piece in any budget is saving as much as you can and decrease the number of disposable expenses that is feasible.

After bankruptcy you learn that cash is actually the best method of spending that you can use.  Paying with cash allows you to only purchase those things that you absolutely need.  It allows you to save for those items that aren’t necessary; allowing you time to really consider the purchase.  It isn’t that credit needs to be feared, as eventually you will need to rebuild your credit in order to purchase a home or car, credit is not necessary to live on a daily basis.

After bankruptcy it is vital that you pay all of your bills on time.  Even the smallest of bills, including utilities should always be paid on time.  Overdraft fees and bounced checks show up on your credit report and affect your overall credit rating.

Keep a constant eye on your credit report.  Equate it to being on a diet.  When you are on a diet it is crucial you check in on your weight regularly the same is true of your credit.  As you are building your credit it is important to see the increase in your score on a regular basis.  The numbers increasing will only help to boost your pride exactly like seeing the scale decrease increases your ability to continue to lose weight.

This may seem like an oxymoron but apply for a credit card to help you establish your credit.  There are a few options: a secured credit card which works like a debit card or an unsecured card however get one where you only are approved for a very small credit line.  Don’t accept credit line increases until you are one hundred percent sure that your budgeting skills are on track.

This is just the beginning.  In our next installment we will continue exploring rebuilding your financial life after bankruptcy.

Bohikian Law Group specializes in chapter 7 and chapter 13 bankruptcies in Michigan. Contact us today to find a bankruptcy attorney that will help you in debt relief at http://www.bohikianlaw.com/ today.