Posts Tagged ‘chapter 13 bankruptcy’

What To Expect In Chapter 13 Bankruptcy

Tuesday, July 26th, 2011

Chapter 13 Bankruptcy provides a way for individuals with a regular source of income to pay off their debts over a period of time and under the supervision of the Court and a trustee. Corporations and partnerships may not file under Chapter 13. Individuals may file only if their unsecured debts do not exceed $336,900.00 and their secured debts do not exceed $1,010,650.00. A plan specifying how each creditor will be paid is filed with the petition or immediately after. Payments are made to the chapter 13 Trustee who makes distribution to creditors according to the provisions of a confirmed plan. Depending on what the debtor is able to do, the debts may be paid back in whole or in part.

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What To Expect In Chapter 7 Bankruptcy

Tuesday, July 26th, 2011

Chapter 7 bankruptcy relief is available to individuals, corporations and partnerships. A chapter 7 trustee is appointed to take possession of, and liquidate the estate. State law determines what portion of a Debtor’s property he or she may keep by claiming it exempt. The trustee will sell the rest of the debtor’s property and distribute the proceeds to creditors. If all the debtor’s property is exempt, the case will be a “no-asset case, ” with no distribution to creditors.

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BANKRUPTCY RISKS

Monday, October 18th, 2010

Bankruptcy is the same as being sued by all of your creditors within 30 days. Your trusted attorney that you worked so hard to retain will want a $1500 retainer fee just to look at your Bankruptcy and then once you have paid the attorney you will begin to be told what will be done with your property and income. You will have no power to negotiate with your attorney or the courts and you will be treated like a child.

(I’ll bet not one attorney will tell you that only those who have nothing to lose will qualify for a Chapter 7, meaning that they should not have filed bankruptcy in the first place.)

Expect to get into a Chapter 13 payment plan; even if your attorney files under Chapter 7, eventually it will be removed into a Chapter 13! If you don’t believe me, check the court records to see how many petitions were removed by an order of the court.

A common mistake people may make is to file for bankruptcy to save their home from foreclosure. The problem here is that in most cases the bank will request a removal from the bankruptcy proceedings, courts will usually grant, and the bank will continue with the foreclosure.

Oh yea, and the two bankruptcy marks will remain on your personal credit for 10 years.

 

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