Debt isn’t always bad, but be careful about taking on too much… It gets a bad rap, but debt is not necessarily always a bad thing. In the business world, Fortune 500 companies sell off debt in the form of bonds to raise capital and expand operations. They create jobs in the process. In the [...]
Chapter 7 Bankruptcy
Often referred to as “straight bankruptcy,” Chapter 7 bankruptcy is a process, organized under federal law, that provides consumers with the opportunity to discharge their unsecured debts. Common debts eliminated by filing for Chapter 7 bankruptcy include: credit cards, medical bills, personal loans and mortgage debts. When a chapter 7 case is filed, all of the debtor's property is temporarily under supervision of the bankruptcy court and a case trustee. Property that is considered “exempt” is retained by the debtor. Conversely, property that is “nonexempt” is subject to sale by the bankruptcy trustee with the proceeds distributed to creditors. One of the important functions of a bankruptcy attorney is to help you classify whether your property is exempt. Exemption laws vary depending on which jurisdiction you live in. It is important to note, that as a practical matter, most people are able to shed their unsecured debts through Chapter 7 with out losing any property. A typical chapter 7 bankruptcy case usually lasts between 4 to 5 months. At the end of the process, the Bankruptcy Court issues a discharge that operates as a permanent injunction preventing creditors from seeking to collect on debts that were included in the bankruptcy. Below, you'll find hundreds of articles that have been written on the subject of chapter 7 bankruptcy. If, after browsing through these posts, you don't find the answers that you need, we invite you to post a question to our QA forum. Thank you for visiting the National Bankruptcy Forum.
Should I Sign a Reaffirmation Agreement?
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Your mortgage lender is demanding that you “reaffirm” a mortgage note on your residence in your bankruptcy case. Should you agree to do so? First the basics: There are two parts to your agreement with the mortgage lender regarding your residence. The first part is the note, your promise to repay the amount of money [...]
Should You Delay Filing a Bankruptcy Case Until April 1?
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Sometimes in a Bankruptcy case, timing is everything There are lots of numbers in the Bankruptcy Code: numbers that limit filing under Chapter 13 consumer reorganizations based on the amount of debt that you owe; numbers that determine the amount of your exemptions; and numbers that determine your eligibility for a Chapter 7 filing based [...]
Debt Settlement, the IRS and Bankruptcy: Three Rules to Know
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If you find yourself deep in debt, and are exploring your options to get out, the odds are you’ve considered both bankruptcy and debt settlement. In order to help you make a more educated decision, there are three rules you should be aware of. Rule #1: Settling Debts Outside of Bankruptcy Can Increase Your Tax [...]
Chapter 7 Bankruptcy in Florida: What You Need to Know
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An Overview of Chapter 7 Bankruptcy in Florida This article is part of a series on the various state exemption laws that can change the outcome of a bankruptcy case, especially as it pertains to keeping your property. There are many misunderstandings about bankruptcy, one of which is the idea that because the Bankruptcy Code [...]
Can My Credit Card Company Sue and Take My Stuff If I Don’t Pay?
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The Goal of Credit Card Lawsuits is to Strengthen the Lender’s Collection Position Credit card debt, unlike mortgage debt, is unsecured debt. This means your credit card company can’t come immediately take your stuff when you don’t pay. Having said that, if you fall behind on credit cards, your lender will quickly try to transition [...]
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