Showing posts with label chapter 13. Show all posts
Showing posts with label chapter 13. Show all posts

Tuesday, October 27, 2009

Information About Bankruptcy Lawyers

Filing Bankruptcy is a difficult decision to make. In 2008 over 1 million Americans filed personal bankruptcy in order to improve their financial situation. Bankruptcy can help you prevent foreclosure of your home, stop debt collector harrassment and get a fresh financial start.

Many people turn to a Denver bankruptcy lawyer for help. Denver Bankruptcy Lawyers can help explain bankruptcy law and ensure that the bankruptcy process goes as smoothly as possible. If you're considering bankruptcy and need help understanding your options, www.cohenlawyers.com can help. Cohen Lawyers of Denver offers a Bankruptcy Case Review form that will connect you to a Denver law firm near you that will answer your questions for free.

Chapter 7 and Chapter 13 Bankruptcy Help

The two most common consumer bankruptcies are Chapter 7 and Chapter 13 bankruptcy. Sponsoring bankruptcy lawyers handle these types of bankruptcies exclusively so you can be sure you are getting accurate legal advice when you file bankruptcy. Bankruptcy attorneys will fight to protect your rights and your property. Denver Bankruptcy Lawyers fight the aggressive and annoying creditors for you. They can help you keep your home, vehicles and other property.

A bankruptcy lawyer will be committed to getting you debt relief and providing you with valuable information, services and advice to get you a better financial future. There are many convenient locations to make filing bankruptcy or learning about the alternatives we offer, even easier. Get in contact with a Denver lawyer that handles bankruptcy cases often to help guide your through the challenging process so you can move on with your life.

Tuesday, September 15, 2009

Is Using a Good Denver Bankruptcy Lawyer Worth the Expense?

In today's economic and financial times, more and more consumers and businesses are facing bankruptcy as the only way out of their very poor financial situation. Let's assume for a moment that you have already thoroughly investigated all your possible options that could be used instead of bankruptcy and have already determined that bankruptcy is the best and only way out.

Not so fast. Have you really thoroughly checked into all possible options that could be used instead of filing for bankruptcy? People who are not intimately familiar with the financial industry may have alternatives that they were not even aware of, most of which would be significantly preferable to bankruptcy, which should only be used as your option of last resort. In addition, with the new bankruptcy laws recently enacted, you now need to be approved by the courts to file, and the ability to file is not automatically granted with a rubber stamp.

Now comes the question of whether you should get a good Denver bankruptcy lawyer or try to save some money and make it a do-it-yourself project. Studies have shown that people who have tried to do it themselves without the help of a Denver bankruptcy attorney have been quoted almost unanimously that if they had to do it over again, they would have used a lawyer. The money spent would have been well worth it in terms of the way their financial information was presented to the courts in order to obtain the desired results, as well as the number of assets that they could retain after the filing was completed.

But there is actually more than that. A good bankruptcy lawyer will examine your financial details and then they will be in a position to advise you as to what options you might have, which are all elements of a sound and solid bankruptcy evaluation. This helps you fully understand where you are now and what is your best bet for the future from a financial and economic standpoint. If you do mutually decide that filing is the best way to go, then the lawyer will be there to work with you to present your financial data in the best light possible so that the desired outcome is one that is most beneficial to you; for example, filing chapter 7 or chapter 13.

The best way to resolve your financial problems right now is to not make additional mistakes, and without an evaluation from a qualified Denver bankruptcy lawyer, you probably don't really know what your options are or what is the best way to go. Do what is right for you and don't make more financial mistakes at this critical point in time.

Let Your Denver Bankruptcy Attorney Guide You to a Brighter Tomorrow

Even in the land of plenty, otherwise known as North America, where it appears that most people are doing fine, things can go awry. A layoff or illness can leave you with little or no income and put you in dire straits. Perhaps your business suffers a downturn due to market changes.

Most of us really do experience a great living standard. Most of us are not aware of poverty, we do not see people begging or standing in line at the soup kitchen. But many of us a living a high wire act, gingerly balancing income with outgo.

When something interrupts this fine balance, the first thing that happens is that we start running up our credit cards. Credit gets us by for a while, but soon payments are missed and next thing you know the wolf is at the door.

Trying to pay minimum amounts on a whole bunch of debts just doesn't cut it. Creditors are able to charge horrendous interest rates, and can add on fine for late fees, and processing fees almost at will. No wonder folks can't catch up.

Thank goodness there is such as thing as Debt Consolidation and Bankruptcy, because try as we might to pinch pennies and cut costs, it just isn't possible to be entirely self-sufficient in this day and age. Our society operates on a cash system and when we don't have enough things get rough.

Bankruptcy does offer folks who have hit on hard times a fresh start. Put aside any thoughts of being labeled as an outcast, or having your name published. No one needs to know, other than the folks directly involved.

Consulting with a Denver bankruptcy lawyer will begin to ease your mind almost immediately, because the advice you receive will be unbiased and geared to your individual situation. Perhaps Chapter 7 or Chapter 13 bankruptcy are not what you require. Debt consolidation and counseling may the solution.

Filing for bankruptcy will stop creditors from possibly putting a lien on your house, or garnishing your income. Repossession of your car can be halted as well. Your household things can be retained as well. This is really important because sometimes creditors, if they get serious enough, can do all the above, plus tie up your bank accounts.

With bankruptcy in the works, with your Denver bankruptcy lawyer steering you through the process, you can start to feel hope that you can survive this. Look on it as a turning point. Maybe now you can see that brighter tomorrow just around the corner.

Sunday, September 13, 2009

Chapter 13 Wage Earner Bankruptcy Basics

If you're an individual or a sole proprietor, you can file a Chapter 13 bankruptcy to repay all or part of your debts. Under this chapter, you can propose a repayment plan in which to pay your creditors over three to five years. If your monthly income is less than your state's median income, the plan will be for three years unless the court finds "just cause" for a longer period. If your monthly income is greater than your state's median income, the plan must generally be for five years. You cannot have a plan that exceeds the five year limitation.

Many people who file Chapter 13 bankruptcies have:
-Mortgages or other loans they would like to bring current, so they don't lose their homes or other property
-Taxes, child support or student loans that can't be wiped out by Chapter 7 bankruptcy
-Moral convictions that all debts should be paid no matter how long it takes

Basic Chapter 13 Requirements
For a Chapter 13 bankruptcy, you'll need a stable income with disposable income (income left over after you pay the bare necessities of life such as shelter, food and utilities). You must have no more than $922,975 in secured debt (debt involving property that your creditor might take if you don't make your payments) and $307,675 in unsecured debt. These amounts are adjusted periodically to reflect changes in the consumer price index. The court filing fee is $274.

The Chapter 13 Process
Following are the steps in the Chapter 13 Wage Earner Bankruptcy process:
The process begins similarly to a Chapter 7 bankruptcy proceeding, with the filing of a petition by the debtor in the federal Bankruptcy Court. In addition to a list of creditors and a schedule of assets and liabilities and a schedule of current income and current expenditures, the debtor must also file a "Statement of Financial Affairs". This statement must indicate:
Any income of the debtor from employment or operation of business including the amounts and the sources.

Any other income.
A list of all payments made to creditors of consumer debts within 90 days of the commencement of the bankruptcy filing.
A list of all payments made within 1 year of filing to or for benefit of creditors who were insiders (relatives, partners, corporations of which debtor is an officer).
A list of suits to which the debtor is, or was, a party within one year prior to filing.
A list all property attached, garnished, or seized.
A list all property that was repossessed within 1 year before filing bankruptcy.
A list any assignment of property for benefit of creditors within 120 days before filing.
A list of gifts and charitable contributions made within 1 year of filing.
All losses from fire, theft, gambling etc. within 1 year or since the commencement of the action.
Any payments made for debt counseling or bankruptcy (including attorneys).
Any transfers of property made within 2 years before filing.
Any property transferred to a trust within 10 years prior to filing.
All financial accounts that were closed within 1 year.
All safe deposit boxes.
Any setoffs to creditors.
Any property held for another.
All premises occupied within last 3 years.
The names and addresses of spouses and former spouses if the debtor lived in community property state.
Any businesses.

It is extremely important that all the forms are completed accurately. Debts that are not listed will not be discharged at the completion of the bankruptcy proceeding. Failing to list assets in an attempt to hide them from creditors may result in serious consequences, including the denial of discharge or charges of bankruptcy fraud.

The filing of the bankruptcy petition must be accompanied by a proposed payment plan over three to five years. The proposed payment plan must provide for the payment of all "priority claims" in full unless the particular priority creditor agrees to a different plan or, if the claim is a domestic support obligation, you agree to contribute all of your disposable income to a five year plan. "Priority claims" are those claims that are given a special status under bankruptcy law, such as taxes and the costs of the bankruptcy proceeding. There are limitations on the ability to modify the payments due on home mortgage loans under Chapter 13.

The bankruptcy trustee appointed by the Bankruptcy Court must review the proposed plan for accuracy and feasibility. The proposed plan is distributed to creditors who have the right to object to the plan if it is unreasonable. If the plan is approved, the debtor keeps all assets during the period of the plan. The debtor makes monthly payments to the bankruptcy trustee who distributes the funds to the creditors according to the plan. If the plan is completed as approved, the debtor is discharged from unpaid debts. If the proposed plan is not completed as approved, several alternatives are open to the debtor depending upon the reasons for the non-completion of the plan.

The bankruptcy trustee may support a modification in the plan if you are unable to complete it, because of circumstances such as serious illness or loss of a job. If the inability to complete the plan is due to circumstances for which you cannot "justly be held accountable," and if your creditors received at least as much as they would have under Chapter 7, and modification is not possible, you can apply for a hardship discharge. The hardship discharge does not apply to debts that were not dischargeable under Chapter 7. See 11 USC 1328(b).

If the debtor fails to keep up payments on the plan, creditors may apply to the Bankruptcy Court to terminate the Chapter 13 proceeding by dismissing the proceeding entirely. If the proceeding is dismissed in its entirety, collection efforts against the debtor's assets may resume as before.

If you are thinking about filing for Chapter 13, you will want to consult with a Denver bankruptcy Attorney to ensure you are completing all tasks needed to be done for correctly filing.
(Article Source: Lawyers.com)

Filing for Personal Bankruptcy in Denver

If you live in the state of Colorado, you are probably aware that the latest leading economic indicator readings show that the state is seeing negative growth levels not seen since the 1991-1992 recession. This is bad news for job growth and the housing market. It is very possible you may be facing a serious financial crisis and currently facing:

An unexpected job loss
Mounting debt caused by medical expenses
Penalties and out of control credit card debt.

Harassing creditor calls.

If you are in a desperate financial situation, filing personal bankruptcy may be an option for you. Federal bankruptcy laws have been created to allow individuals to legally file bankruptcy and in many cases if you qualify to file Chapter 7 Bankruptcy, you may be able to discharge all or a part of your unsecured debt. If you do not qualify for Chapter 7 Bankruptcy you may still be able to stop home foreclosure, end wage garnishments and stop harassing creditor calls by filing Chapter 13 Bankruptcy.

If you live in the state of Florida, it is important to contact a Denver Bankruptcy Attorney prior to filing either Chapter 7 or Chapter 13 Bankruptcy. Filing bankruptcy is a serious financial decision and should not be made before talking to a Denver bankruptcy attorney who can review your assets and debt levels and determine if bankruptcy is the best option for you. Filing bankruptcy can potentially lower your credit score and reduce your ability to get loans. You want to make sure you have a capable bankruptcy attorney in Denver to help you out through the difficult process and ensure you end up better after the process than worse.