simplest definition, an individual who declares bankruptcy means he or she affirms his financial incapacity to pay his debts. Once the bankruptcy is approved, the debtor is released from all his obligations to pay his creditors.

Many individuals who are stuck in a bad credit situation resort to bankruptcy to be free from their charges. But since the amendment of the bankruptcy law in 2005, those who wish to declare bankruptcy must first go through a set of requirements. This article aims to give you bankruptcy facts that you need to know before filing or before deciding to declare bankruptcy.

Requirements on Bankruptcy Filing A person who wants to file for bankruptcy must first go through a credit counseling course with a government accredited credit counseling agency before submitting his application. This is a big difference because in the past years, anyone can simply file and wait for approval.

Today, you need to take up credit counseling at least six months before filing. In addition, the credit counseling agency would be the one to decide whether or not bankruptcy is recommended in your case.

What is the purpose of this new rule? It is to lessen the bankruptcy cases filed by people who just want to escape from their responsibilities. By going through a credit counseling course, other alternatives can be taken to help a person pay back his creditors and get out of debt without the need for bankruptcy.

Bankruptcy and Bankruptcy Attorneys Another major change is that a bankruptcy applicant must hire a bankruptcy attorney to help him prepare all the documents. Lawyers are given the obligation to fill out all the documents required by the state with accurate bankruptcy information.

Furthermore, lawyers are now accountable for the accuracy and correctness of the information provided in the documents. With this added task and responsibility, many bankruptcy attorneys have also raised charges for their services.

Chapter 7 or 13? What if you are qualified to file for bankruptcy after completing the credit counseling course? Can you choose the type of bankruptcy to file? Before the new law has been passed, a bankruptcy applicant decides whether he’s filing for a chapter 7 or chapter 13 bankruptcy. Most applicants choose a Chapter 7 because it discharges the debtor from all debts while a Chapter 13 puts a debtor under a repayment plan.

Since the new law was approved, a debtor must now submit to the “income means test” or an income calculation test to determine which chapter of bankruptcy he will qualify for. If your income falls below the state’s requirement, you have proven your inability to pay your debts and therefore, you’ll be eligible for a chapter 7.

On the other hand, if your income is above the standard requirement, you will have to submit to a five-year repayment program. During this period, a certain percentage of your monthly income will be automatically deducted from your account and this sum will be given to your creditor as repayment for your debts.

Yes, the new law has imposed limitations and restrictions for those who want to file for bankruptcy. The good thing about it is that people are given the chance to find other alternatives to their debt problem with the help of credit counseling. In most cases, these alternatives are better than immediately resorting to bankruptcy.

By: Liz Roberts

About the Author:

Gifts for Toddlers

 The average American knows very little about bankruptcy. Most people probably understand very generally that a bankruptcy can serve to eliminate debt and offer a ‘fresh start’ – but often know very little beyond this basic concept. Some of the information you might have heard is correct, but much of it is not. Misconceptions have become even more widespread after the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The purpose of this article is to dispel some of the most common bankruptcy myths.

Myth: Bankruptcy relief is no longer available.

Untrue.  Almost all of the relief formerly available through bankruptcy survives in today’s bankruptcy code. The bankruptcy filing process is a little more complicated – and it can therefore be more difficult to find a qualified attorney – but the end result of a discharge of debts (and with that discharge the hoped-for “fresh start”) is still entirely attainable.

 Myth: People who file for bankruptcy can’t get credit for 10 years.

Entirely untrue. Chapter 7 filers invariably receive unsolicited credit card offers after they get their discharge. The rates might not be quite as favorable as rates offered to others with perfect credit, but credit is undoubtedly available. The myth probably stems from the fact that the Fair Credit Reporting Act allows the reporting of a bankruptcy filing for 10 years. That much is true, but has no direct bearing on how quickly after bankruptcy one can obtain credit. Myth: Filing for bankruptcy is an embarrassment, or is somehow indicative of personal or moral failure. Untrue and unfair. The vast majority of bankruptcy filings stem from one or more of the following, all of which are beyond the debtor’s control : Loss of income resulting from layoff or failed self-employment business, large medical expenses resulting from injury or illness, divorce or separation, and high interest rates and/or penalties on credit cards resulting from the imposition of a ‘Universal default’ clause. (‘Universal default’ is the term for a practice in the financial services industry whereby a particular lender may change the terms of a loan from the normal terms to the ‘default terms’ when that lender learns that their customer has defaulted with  another lender, even though the customer has not  defaulted with the first lender.) This invariably means a drastic rate increase which, in combination with one of the other hardship factors, leads inevitably in turn to more late or insufficient payments, triggering a “snowball” effect. Bankruptcy laws were specifically designed to prevent honest debtors, who have been faced with these difficult or hardship circumstances, from being mercilessly harassed by creditors for accounts the debtor simply has no possible way of repaying. It should be no negative reflection on a person’s character for simply availing himself of laws that were written for these very reasons and situations.

Myth:  Even if I file for bankruptcy, creditors can still harsss me and my family.

Completely false. Bankruptcy law provides for ‘automatic stay’ protection; that is, as soon as you file for bankruptcy a hold is put on all your outstanding debts and any creditor attempts to collect those debts. The law prohibits any creditor attempt to collect on or even contact the debtor in regard to a debt. If a creditor does not follow the rules, the debtor may have a cause of action against the creditor for ‘punitive damages,’ whereby a bankruptcy judge could actually punish a creditor with stiff fines and penalties for not following the procedures set out in the bankruptcy code. Whether a debtor has a cause of action against a creditor should be left to an attorney to answer. What is certain, however, is that the moment you file for bankruptcy, creditors must leave you alone or suffer the consequences.

Myth: If I file for bankruptcy, I will have to forfeit some or all of my assets.

For the vast majority of filers, this is not the case. Under chapter 7, you may claim certain of your property as exempt under federal law (for example the $10,775 exemption limit for household goods, furnishings, and appliances, and the $1,350 exemption limit for jewelry). A trustee may have the right to take possession of and sell the remaining property that is not exempt and use the sale proceeds to pay your creditors. In the vast majority of cases, however, the debtor has no assets above these statutory exemption limits, meaning that the debtor may “exempt”, and therefore keep, all of his assets.

Myth: Filing for bankruptcy could cost you your job.

False.  Specifically, federal law (U.S.C. Sec. 525) prohibits any employer from discriminating against you because you filed bankruptcy. State laws may provide additional protection for filers, as often do union employment contract clauses.

Myth: Bankruptcy costs our society too much.

Credit card issuers are quite profitable and, industry-wide, boast some of the highest profit margins in the corporate sector. This is despite the relatively small percentage of loans discharged in bankruptcy, a percentage that is factored into their budgets and compensated for by the percentage rates they charge. Our economy has, overall, benefited enormously by the purchasing power facilitated by credit – one need only consider the widespread economists’ predictions of pervasive and lasting harm to the American economy should the ongoing subprime mortgage crisis be allowed to cause credit to ‘dry up’. And again, the pricing of credit takes into account that not everyone will be able to repay. The “$400 per family bankruptcy tax” bandied about in Congress was a number picked out of the air by a bank lobbyist – no surprise there – who made an arithmetic error in the process.

Myth: Filing bankruptcy causes family trouble and divorce. 

Wrong.  Bankruptcy eliminates debt, which in turn cannot help but eliminate financial stress. Filing bankruptcy is the solution to the problem, not an additional problem. Although making the decision to file bankruptcy might be a difficult one, the relief provided will lift a huge weight off of you and your spouse. The removal of financial stress will in all likelihood help  your relationship.

By: David Romito

About the Author:

Fix Your Golf Swing

It is better to realize as early as possible that going through a bankruptcy claim is not easy. People generally opt for it as their first remedy. You must know the bankruptcy laws well in order to decide.

The bankruptcy law has been crafted in a way to promote provisions that are a part of filling bankruptcy claims. It contains systematized laws that help the debtor to rid himself of any financial obligations that he has to undergo. The Chapter 7 bankruptcy law is in other words called straight bankruptcy. This law deals with the liquidation process. According to this, the one who is filing for bankruptcy has to surrender all his assets except those that are unaccredited or exempted to the lawyer or the trustee in bankruptcy.

The court must appoint a trustee in bankruptcy and he will be given charge of selling the assets or converting them into cash. Once the assets have been converted to cash the creditors are paid with these funds. Under the Chapter 7 bankruptcy law you are discharged from any obligation after a period of four months.

When can you apply the Chapter 7 bankruptcy law? It is applied when the debtor is left with no property to give up or lose. This is one of the most common bankruptcies that are filed in the United States by either individuals or business corporations. You could personally file bankruptcy by abiding with the Chapter 7 bankruptcy law or the court may impose it.

The Chapter 7 bankruptcy law will prompt a business man to sell all his assets and pay what he owes the creditors and finally close down his business. The procedures are very similar for individuals who have been forced to file under the Chapter 7 bankruptcy law, the only difference here is the individual will have no business to close down.

The advantages of filing a claim under the Chapter 7 bankruptcy law first and foremost are that any amount of debt may be cleared and as soon as you get out of the trouble you are in, you get a clean chit. The other advantage is that there is no particular amount of debt to qualify you for filing under the Chapter 7 bankruptcy law. As there is a protection that is granted by this law, the creditors cannot exert any authority over you. It is processed very quickly and you can be discharged from any debts in a short period, say in about four to six months.

The disadvantage of the Chapter 7 bankruptcy law is that you have to give up your whole property. Debts like taxes, child support, housing mortgages, students’ loans and car loans are not discharged under the Chapter 7 bankruptcy law. Along with you the co-signers will also be pulled in and asked to pay for your home loan. This law may be only availed once in every six years.

It becomes difficult to avail other loans because your credit rating gets damaged. Once you have filed for the Chapter 7 bankruptcy law, it cannot be withdrawn.

Tread cautiously if you are considering filing under the provisions that are based on the Chapter 7 bankruptcy law. All you need is to be protected and not end up with added problems.

By: Miodrag Trajkovic

About the Author:

Dogs Discussion

For those who have undergone a bankruptcy process, getting finance can seem almost impossible. Truth is that when a lender considers an application, a credit history stained with default or bankruptcy can scare him away. However, you can always obtain finance with the aid of the equity you have built on your home.

Anyone who tried to obtain a loan after bankruptcy knows that chances are that he will get declined. Bankruptcy is the worst stain that can be found on a credit report and most lenders will not even consider an application after finding out that the borrower has gone through a bankruptcy process.

Basic Facts About Bankruptcy And Loans

There are some facts that you should be well aware of before applying for a bankruptcy loan. The main thing you should know is that lenders cannot legally provide you with finance if you are currently undergoing a bankruptcy process. In order to get finance your bankruptcy has to have been discharged already.

Moreover, most lenders will not consider a loan application if your bankruptcy has been discharged in the last two years. This is due to the fact that lenders believe that that is the time needed for someone to fully recover in every sense from a bankruptcy process and that only then an applicant is reliable enough to risk lending to him.

Even if bankruptcy is the worst stain you can have, other stains on your credit report may make a lender reconsider your application regardless if he has decided to bypass your bankruptcy. So, keeping a clean credit history is essential if you want to get approved after bankruptcy.

How Equity Can Aid You After Bankruptcy

Equity loans are secured on the same asset as a mortgage loan. Thus, the lender has the guarantee that you will repay your loan or else you would suffer repossession of the property that guarantees the home equity loan. This greatly reduces the risk involved in the financial transaction and thus, bankruptcy is not such a big deal.

The risk is the key factor when it comes to lending and a bankruptcy most certainly cries out “RISK” but the fact that these loans have collateral implies that the risk is reduced and that the lender will recover his money one way or another which in turn, offers the applicant to get finance even with a past bankruptcy.

Bankruptcy And Interest Rate

Do not expect however that even if equity aids you in bypassing the approval problem, it will help you lower the interest rate charged by the lender. Truth is that though home equity loans usually carry the lowest rates on the market, given that you have a past bankruptcy on your credit report, you will be facing high interest rate loans regardless of this fact.

Moreover, the interest rate charged for bankruptcy loans based on equity has an interest rate that is quite similar to the rate charged for unsecured loans. Thus, be prepared to face higher monthly payments, longer repayment programs or both. The income requirement will also be essential for loan approval.

By: Melissa Kellett

About the Author:

Children’s Beds

What is Bankruptcy?

Bankruptcy is one of the more effective ways to deal with debts you cannot afford to pay. Once you declare that you are bankrupt, all assests in your possession will be used to pay your outstanding debts. After a period of one year, all your remaining debts will be written off and you can start anew. You can either file your own petition of bankruptcy or your creditors can do it for you. Either way, the effects are the same. Most of the Bankruptcy rules in effect have changed since April of 2004 when the Enterprise Act was approved.

How to go Bankrupt

Filing your bankruptcy petition

A petition for bankruptcy is readily available in your local County Court. Processing the petition may cost about £310 deposit and £150 court fee. These fees should be paid along with the submission of your petition. If you are on low income or on certain benefits, you can be awarded exemption from paying those fees.

Only the larger County Courts accept bankruptcy petitions. Although you are obtaining the form from your local County Court, you will need to take a trip to the High Court to submit the form. If, for example, you reside in central London, you will have to go to the High Court to submit your petition. The District Judge will usually call for a hearing that same day to decide whether it is appropriate to issue the order or not.

Once the order is made, you will get in touch with the Official Receiver who deals with your bankruptcy and report to him all your personal details. The information that you will be asked about usually pertains to your finances including your incomes, expenses, assets, Insurance policies, and Pension policy details.

A creditor making you bankrupt

Your creditor can file a petition for your bankruptcy if you owe him £750 or more, which you are not able to pay dutifully. If you have several creditors, they may join forces to file for your bankruptcy although this is rarely done. You can also be made bankrupt if your Individual Voluntary Agreement (IVA) fails.

Before a petition of bankruptcy is filed in court, your creditor will first send you a “Statutory Demand”, which will ask you to pay your debt either through installments or through the property you own.

The Statutory Demand is usually used by creditors to force its debtors pay the amount they owe immediately without any intention of filing for bankruptcy. This is because no amount is required for filing a Statutory Demand while filing for Bankruptcy charges fees upfront.

Within twenty-one days, the creditor and debtor must reach an agreement otherwise, a bankruptcy order may be filed in court. If your debt is less than £750 or there is an ongoing dispute about the money you owed, you can apply to have the Statutory Demand set aside.

ADVICE - Statutory Demands

Once you receive a Statutory Demand, your next move should be to check if you can have it set aside.

Do I have Assets?

Once you are declared bankrupt, the Official Receiver or appointed trustee may rule out to sell all your assets to pay for your debt.

INFORMATION - Please know that certain items or goods are not counted as assets. These items are basically your domestic needs such as clothing, bedding, furniture, and household equipment. Items that are necessary for you to carry over your profession or vocation are also not treated as available assets and in effect, cannot be taken away from you. Your antiques or expensive appliances can be given up for auction as well as your car so long as it is not needed in your profession. In some cases, a car that is necessary for employment is sold and is substituted by a cheaper one.

All your assets that have been discharged from your possession must be sold as soon as possible. If any of them remains after you have been released from bankruptcy, they will still no longer belong to you. The Official Receiver will continue to take possession of them until all of them have been sold.

INFORMATION - Assets

The only asset or valuable that is treated differently is your home. For details, see below.

Bankuptcy and Hire Purchase Agreements

A clause in the hire purchase agreement states that you will have to return the item once you are declared bankrupt. This means that your contract with the company will be terminated altogether. In some cases, however, you can be allowed to continue ownership by making payments dutifully even while you are declared bankrupt.

Pensions

If you went bankrupt before May 29, 2000, your personal pension could be taken in as an asset. This means that you will receive no lump sum or weekly payments in the future. This rule has been changed, however. Therefore, if you went bankrupt after May 29, 2000, your pension, may it be personal or occupational, should be left untouched. Some debtors used their pensions to stop creditors from taking away their savings. In this case, the pension fund may be lost to the Official Receiver.

Property and your home

A property or home is an asset that is treated differently. If it is yours alone, it can be forfeited to be sold regardless if it has any equity in it or none. If you are living in it with your spouse and your children, the sale will be delayed for a year to give them sufficient time to find somewhere else to live. Once you go bankrupt, your interest in your property is naturally transferred to the Official Receiver. If you co-own it or in some form of joint ownership, the Official Receiver should only take away your equity share. This is also known as your “Beneficial Interest”. In certain circumstances, you can be considered to have a beneficial interest even when you are not named in the mortgage. In certain circumstances as well, your co-owners can make an offer to the Official Receiver to buy out your equity share so the house will remain intact.

REMEMBER - Beneficial Interest

If your co-owners have any intention of buying out your equity share of the property, they must do it quickly. Otherwise, the Official Receiver may take it into his hands in selling your home altogether. Those who want to buy your beneficial interest must get in touch with your Official Receiver and transact with him directly. The Insolvency Service charges very low for the transfer of your beneficial interest so this should not really be a hard thing to manage. You also need to reach an agreement with your Official Receiver on the actual value of your beneficial interest before this kind of transaction is made. If there is negative equity in the property, the value of your beneficial interest may go from a minimal amount of £1.00.

INFORMATION - Low cost conveyancing scheme

To avail of details about low cost conveyancing scheme, there is a leaflet entitled “What will happen to my home?” which are available in The Insolvency Service. You may also call National Debtline on telephone numbers 0808 808 4000 for more information.

If you fail to have someone buy out your beneficial interest in your home or property, your Official Receiver will have no other choice but to sell it. If your home has very little or no equity in it, the court will have to postpone the sale up to three years and see if your property has risen in value. Make an agreement with your Official Receiver about your beneficial interest to keep this scenario from happening.

If you still have mortgage or secured loan on your property, your monthly payments should be maintained to stop your lender from taking possession of your property.

New rules from April 2004

Before April 2004, the Official Receiver is allowed to come back at any time in the future to take your property and sell it. This has now changed. If you went bankrupt after April 2004, the Official Receiver is given only three years to deal with your property. If he is not able to sell it within the period, he will have to give your property back under your ownership. To counteract this law, the Official Receiver can either sell your home immediately, apply for an order for sale, or apply for a charge. If your Official Receiver applies for a charge, he will be given 12 years to ask for an order for sale.

Will I have to pay anything from my wages?

You may be asked to pay a specific amount from your earnings if the Official Receiver has proven that you have money to spare. He will think out your income and your expenses (including your mortgage, your rent, your household bills, and any other form of expenditures) and study whether you will have allowances for a monthly due.

Income Payments Orders & Income Payments Agreements

The Enterprise Act states that Bankruptcy orders expires after a period of one year. However, you may be asked to enter a binding agreement that will have you pay monthly fees from your earnings for three years under an income payments agreement. If your circumstances change at any period that the agreement is in effect, you can send a notice to your Official Receiver so your case will be looked at again. If you fail to pay your obligations, however, your Official Receiver will have the option to go to court and file for an income payments order against you. This way, the court will rule, based on the Official Receiver’s recommendations, how much you will need to pay for a period of three years.

The Effects of Bankruptcy

Once you went bankrupt, you will need to close your bank account or your building society account. You may open another one for as long as it has been agreed by your Official Receiver and that the bank or building society allows you to. That is why it is best to open an account when you are already discharged from bankruptcy.

INFORMATION - Instant access type accounts

Instant access type accounts may allow you work through a cash card. If you are interested to obtain more information regarding this, you get in touch with the National Debtline on 0808 808 4000.

Going bankrupt can affect your life greatly. In fact, the people that you are going to transact with will usually be more careful not to make you pay any amount that involves credits. If you live with a partner, you may transfer all your payable accounts under his name to make it easier for you and for the companies that you deal with — gas, electricity, and telephone companies.

Your employment status may also be at risk by going bankrupt. To be on the safe side, you must check your employment contract for any clause regarding bankruptcy. If you really want to be sure, you can ask the staff welfare officer or the trade union. If you belong in a professional body that prohibits bankruptcy then you must be prepared for your contract to be aborted. Any job that requires you to handle money could be at risk. Those who work in financial industry could even lose their consumer credit licenses once they go bankrupt.

Even after you are discharged from bankruptcy, you will still find it hard to obtain credits. Your credibility in handling financial obligations is obviously destroyed. This is because your record of bankruptcy will remain with credit reference agencies for a period of six years. Your bankruptcy status will also be kept detailed in the Insolvency Register for three months after you have been discharged from it. “The London Gazette” may also publish about your bankruptcy in its classified section or even in your local paper.

Bankruptcy offences

While you are on bankruptcy status, it is illegal to:

- Take a credit of more than £500 without your creditor knowing about your status.

- Use another business name to deceive people about your financial state.

- Act as a director of a company without permission.

- Act as an insolvency practitioner.

Bankruptcy restriction orders

Bankruptcy status should be lifted out exactly one year after it has been declared. That is in agreement with the Enterprise Act. Your Official Receiver, however, may petition for a Bankruptcy Restriction Order which can last between two and fifteen years, appearing on a public register, nevertheless. The grounds that may call for this order is your misbehavior and dishonesty in any way. If your Official Receiver feels that you have displayed “unfit” conduct, he can ask the court to issue the Bankruptcy Restriction Order. Breaking the order would mean a criminal offence.

Qualifications of an unfit conduct include:

- Deceiving the Official Receiver about your assets and businesses two years before you went bankrupt.

- Gambling.

- Making business transactions at a time when you know that you cannot handle debts.

- Taking out credits you cannot pay.

- Giving away your assets to avoid them from being taken away by the Official Receiver.

- Prioritizing some creditors over the others.

- Failure to cooperate with the Official Receiver.

- Concealing your assets and properties from the Official Receiver.

Being issued a Bankruptcy Restriction Order means that you cannot avail of credit that is more than £500 without letting your lender know about your status. You also cannot hold any significant position like an MP, a local councilor, a director of a company, or an insolvency practitioner until after the order has been lifted.

WARNING

The Bankruptcy Restriction Order does not stop your Official Receiver to take criminal actions against any of your offences. If you sell goods that you have on hire purchase agreement or you fill out false information on your loan application, your actions will be taken into account to the attention of the court, no less.

Discharge from Bankruptcy

The Enterprise Act of 2002 ruled out for discharge from bankruptcy after a period of one year. If you cooperate well enough with your Official Receiver and act to the best of your behavior, this can be moved earlier. A discharge from bankruptcy would mean that all your remaining debts even after your properties and assets have been sold will be written off so you can make a fresh start.

If, for example, you went bankrupt on April 1, 2004, you will be discharged from bankruptcy on April 1, 2005 unless it is about to end earlier.

WARNING

The rules on discharge from bankruptcy only applies to first timers. If you have had previous petitions for bankruptcy or your automatic discharge has been suspended, this may take long than you expected. Not keeping an amicable relationship with your Official Receiver could also lengthen your suffering.

If you want a certificate of your discharge, you may request the court to issue you one but this will cost £60.00 on your purse. Also, if you want to apply to have your bankruptcy annulled, you may well do so for as long as all your financial obligations have been paid off.

Alternatives to Bankruptcy

Individual Voluntary Arrangements

An Individual Voluntary Arrangement or IVA is a formal agreement between the debtor and the County Court made to avoid a petition for bankruptcy. You can either set an amount to pay your creditors monthly and dutifully or pay them in full. To file for an IVA, you will need the help of an insolvency practitioner who will act as the middle man. It is usually costly to hire an insolvency practitioner. Asking them for an initial meeting where you can seek advice whether filing an IVA is appropriate in your case or not is best suited. This way, you can be sure that every cent you pay for is worth it. Names of local insolvency practitioners can be obtained through the court offices or the Official Receivers.

The insolvency practitioner prepares the proposal of payment scheme that is according to your capabilities. If your creditors agree to the terms stated in your IVA, the arrangement is put in place. If you fail to comply with the terms in your IVA for the period that it was in effect either your insolvency practitioner or your creditors could file a bankruptcy petition against you.

WARNING

Be wary about companies offering to put you on the line with an insolvency practitioner as this requires a fee. You can very well deal directly with an insolvency practioner without having to go through a third party.

FACTSHEET - Individual Voluntary Arrangements

If you need more information regarding Individual Voluntary Arrangements, you may get in touch with the National Debtline on 0808 808 4000.

Fast Track Individual Voluntary Arrangements (FTVA)

This is another alternative that you could sort through. The FTVA is used to have your existing bankruptcy annulled by way of submitting an installment plan to your creditors and hope against hope that they agree with it. This arrangement is much appealing to creditors because they could be paid more under FTVA than what they would under bankruptcy.

Instead of the insolvency practitioner, the Official Receiver works directly to put an FTVA in place. The FTVA is much cheaper than the IVA to arrange because the set fees and costs are lower. If you fail to adhere to the FTVA while it is in effect, your Official Receiver will have no other way than to make you go bankrupt again.

WARNING - Fast Track Individual Voluntary Arrangements

Weighing up the ways an FTVA could work for or against your advantage is important before tackling this road. If you choose to have an organization act on your behalf instead of the Official Receiver, you may want to consider a free debt management plan. This way, you can devise affordable repayment schedule for your unsecured debts.

COUNTY COURT FEES

DO I HAVE TO PAY A FEE FOR AN APPLICATION IN THE COUNTY COURT?

Every transaction with the County Court usually requires court fees. If you feel that you are incapacitated to pay the fees by way of benefits, you can submit an EX160 or the “Application for a fee exemption or remission” together with your main application. If the court agrees to your petition for exemption then you will not have to pay certain fees. If, however, you have paid a fee when you should have been exempted, you can file a petition for the court to waive or refund your paid amount. You can do this within six months after the payment has been made.

EXEMPTIONS

The court awards exemptions from paying fees to those deserving individuals who are on benefits. If you are on income support or income based job seekers’ allowance (JSA), you can automatically be awarded exemption. This is also the case with those who are on working tax credits. If you are on child tax credit or you have received the disability or severe disability element in your working tax, you can be eligible for exemption. This is considering your gross annual income taken into account for working tax credit is not more than £14,600.

To qualify for both, you must present substantial documents that will prove that you are on the above mentioned benefits. If your case does not fall under both, you can ask for your paid fee to be waived under the remission rule.

REMISSIONS

If the court fees will cause you “undue financial hardship”, you are qualified to file for remission, upon which your paid fee will be refunded. This can happen under exceptional circumstances that should prove you are not capable of shedding extra cash for your petitions. To apply for remission, you must present a list of your personal budget, your incomes and outgoings. You must present proofs that your current financial situation makes it impossible for you to pay the fee without having to go though “undue financial hardship.” Upon studying your petition, the court may refund part or all of your paid fee depending on what it feels you can afford.

By: Steven Hayes

About the Author:

Children’s Beds

Filing for bankruptcy is a very personal decision. Heavy debtors may choose to file a bankruptcy if they see no other way out from their heavy debts. By declaring bankruptcy and filing a petition with U.S. Bankruptcy Court, the bankruptcy filer will be protected and relief from debts under the Bankruptcy Code.

Bankruptcy filing should be you last option if there are no better options available, because the consequences of filing a bankruptcy will follow you for 7 to 10 years. If bankruptcy is your only option, then by understanding the process of filing bankruptcy will get you more prepare to face it. Bankruptcy procedure and exemptions may vary from one state to another state. This article will walk through with you the general process of filing a bankruptcy.

The first part of the bankruptcy filing process is collecting your personal financial information. This includes your existing secured and unsecured debts and tax returns for past two years. Prepare all your deed documents which include real estate you own, car title, land title and other loan documents. You may want to order your credit report, it will provides you some helpful information on your past records.

Then, you either assign a bankruptcy attorney or you can choose to file the bankruptcy yourself. If you choose to file the bankruptcy yourself, you need to get the bankruptcy forms (you can get these forms online) and get them fill up. You have to fill in your current financial status and recent financial transactions (within last 2 years) into the bankruptcy forms. At the mean time, you need to decide to file under what type of bankruptcy; there two commons types which are Chapter 7 and Chapter 13, chapter 7 bankruptcy is the preferred one, but not all are eligible to file under chapter 7. If you choose to file under chapter 13, you need to enclose your proposed repayment plan with your petition. Once the bankruptcy petition is completed you will need to file the petition with your local United States bankruptcy court. If you have assigned a bankruptcy attorney to handle your bankruptcy case, the attorney will help you and guide you through the above process.

Once you have submitted your petition to the bankruptcy court, you will be immediately protected under the bankruptcy code. Your creditors are not allowed to make direct contact with you or making a claim to any of your property from the date of filing. About 1 month later, the trustee will call a first meeting with all your creditors and your creditors’ lawyer. Objections are typically resolved by negotiation between you as the debtor and your creditors. If there is no challenge raises in the meeting, you should receive a notice from court after 4 to 6 months stated that your bankruptcy has been discharged; otherwise, if compromise can be reached by all parties, a judge will intervene.

In Summary

Bankruptcy filling is a long process, it may takes up 6 months to a few years if a court case involve. You must be prepared to face it and if you have no confidence to get through yourself, it’s better to assign an attorney to handle the bankruptcy process.

By: Cornie Herring

About the Author:

Child Custody Lawyers

Bankruptcy may seem to be an easy solution for major financial problems. But it is always better to avoid filing bankruptcy at all cost and to turn to it only as a last resort.

Once you file for bankruptcy, this point will remain on your credit record for ten years. This will make it difficult for you to receive loans and credit. Some lenders may allow for limited credit with bankrupt; but only after extensive explanations, and at a higher interest rate and with added credit fees. Another reason for avoiding bankruptcy is that some types of bankruptcy call for repossession of assets. Once the bank finds that there is something with you that is not necessary for living, the item may be seized to pay for debts and bankruptcy expenses.

With bankruptcy, financial difficulty will not be solved and your life becomes an open book as the court pries into all aspects of life wherein you will have to provide all financial information like savings, investments and assets. Though bankruptcy may seem to suggest some freedom from financial debts, there may be other debts that will have to be paid like alimony, court judgment costs or child support.

So keeping these points in mind, it is always better to avoid bankruptcy. Debt consolidation is one of the best means of avoiding bankruptcy. These companies help you by examining your current loans and come up with a program that incorporates all these debts. The company handles the payment to all the creditors; you just have to make a single payment to them every month. They will also get you a lower rate of interest and a longer time period to repay the loans, thus making you save some money.

Easy access to credit cards and credit accounts at department stores has now made it rather easy to fall into debt. It is better to pay bills with cash, and not use credit when money runs low. So cancel the credit card account! If you fall in debt, instead of hiding from the debt companies, it is better to talk to them as they may be able to negotiate and help you solve your debt. It is always better to plan a budget calculating debt ratio to income when in debt. Just write all the bills and expenditure that you have. Then you can determine how much has to be paid for bills, and how much is left for other spending. If required, you can also sell your home and downsize to avoid bankruptcy.

The only benefits of filing for bankruptcy are that the stress of dealing with numerous creditors is relieved. Once bankruptcy is discharged, as most of the debts get written off, creditors cannot pursue them. However, the disadvantages to bankruptcy are many. Businesses can be sold and employees dismissed with bankruptcy. Equity in a home is most likely to be sold as with bankruptcy, reliable assets of value are lost.

Bankruptcy is a costly process where all the fees for courts and trustee are drawn from the debtor’s assets. On filing for bankruptcy, it is not possible to hold certain public offices like MP, magistrate or even practice as an accountant or a solicitor. Moreover, with the new bankruptcy reform law, it is difficult to use Chapter 7 bankruptcy to get a new start in one’s financial lives.

Under the old law, one could file for bankruptcy through Chapter 7 or 13. In Chapter 7, you can keep your exempt property like the equity in your home. Here most of the debts are discharged. However, in Chapter 13 bankruptcy, you have to agree to pay off all your debts over a period of three to five years. So according to the new bankruptcy law, most of the bankruptcies are forced to file for Chapter 13 bankruptcy.

Moreover, according to the new law, you have to meet with a credit counselor for six months before applying for bankruptcy. However, as there are insufficient credit counselors, it is rather hard to accomplish this. It is also required that you attend money management courses at your expense before discharging your debts. However, it is always better to approach a good bankruptcy lawyer before taking any steps!

By: Darnell Scott

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Is there a bright side to bankruptcy? Yes there is, although bankruptcy should still be considered your option of last resort, and the bankruptcy option only employed after you have thoroughly investigated all other options and alternatives. There are many downsides to filing bankruptcy, not the least of which is that this will become a huge red flag on your credit report for the next seven to ten years.

But sometimes bankruptcy is the best option in a given situation and if that is the case, you need to understand that there are bright sides to bankruptcy. Keep in mind that, especially with the new bankruptcy laws, one cannot file for bankruptcy on a whim, nor can it be done if you have already declared bankruptcy in recent years. The bankruptcy court needs to APPROVE your bankruptcy before things can move forward, and that approval is not nearly as automatic as it once was. Yes, after looking in your particular financial situation in a great amount of detail, the court may actually decide that you are not eligible to file bankruptcy, and you have to seek another option out of your financial difficulties.

One of the bright sides of bankruptcy, if you are approved to be able to file, is that the harassing phone calls from your creditors come to a screeching halt. But here is where it gets tricky because you also have some responsibilities here. After you have filed your bankruptcy petition and it is approved by the bankruptcy court, knowledge of this fact is not known to your creditors automatically. So the next time they call after your bankruptcy has been approved, keep track of the information. Write down the date and time of the call, which creditor it is, the name of the collections agency, and the name of the individual calling. Let them know that you have filed bankruptcy. By federal law, that stops calls from that creditor.

The reason for keeping a notebook handy where you record this information is so that if a creditor calls again who has already been told that you have filed bankruptcy, again write down the name, phone number, name of the person and name of the creditor as well as date and time of the call. With that information in hand, you can inform the creditor that they are now in violation of federal law. The ball is now in your court. There have been cases where a creditor continued to call after being informed that you had declared bankruptcy, and as a result, the consumer filed a countersuit against that creditor for their continued calls, and the debt from that creditor was wiped clean!

Another bright side to bankruptcy is your potential ability to start over with a clean slate and no financial obligations. Getting new credit is going to be difficult and you will have to spend time getting things like a personal loan, car loan, or even a mortgage, but it can be done. But since your credit report will show your bankruptcy filing clearly, be aware that it will be a longer row to hoe than it previously was.

If you file bankruptcy under the Chapter 7 regulations, you will need to demonstrate and prove that you are unable to pay even a portion of your outstanding debts. If this can be proven to the court’s satisfaction, your slate will be wiped clean.

The decision to file bankruptcy is not an easy one to make, and again, you are encouraged to examine all your options and alternatives. But if bankruptcy is your most viable option, make sure you understand the bankruptcy laws and have a bankruptcy attorney who understands them, because you don’t want to risk making a bad situation worse.

By: Jon Arnold

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Bankruptcy law provides for a plan that allows a debtor who is unable to pay his creditors to resolve his debts through the division of his assets among his creditors. This also allows the interest of all creditors to be treated with equality. Certain bankruptcy laws allow a debtor to continue his business and use the revenue generated to pay off the debts. An additional aim of bankruptcy law is to allow certain debtors to liberate themselves of the financial obligations they have accumulated after the division of their assets. Bankruptcy law includes comprehensive access to civil litigation, credit, consumer law and commercial transactions.

Bankruptcy cases are either voluntary or involuntary. Voluntary bankruptcy cases involve debtors petitioning the bankruptcy courts. In involuntary bankruptcy, creditors rather than the debtors file the petition. Voluntary bankruptcy cases are majority whereas involuntary cases are rare except occasionally in business settings to force a company into bankruptcy so that creditors can enforce their rights.

Bankruptcy law prohibits some filers with higher income from using chapter 7. To file for chapter 7 current monthly incomes against median income is measured. If it is less than or equal to median income, chapter 7 can be filed. If it is more, the ‘means’ test must be passed to file for chapter 7 which is the requirement of the new bankruptcy law.

The purpose of the ‘means’ test is to find out certain allowed expenses and debt payments are subtracted from the current monthly income. f the balance is below a certain amount chapter 7 can be filed.

Bankruptcy law can be broadly classified as follows:

Co-operative bankruptcy is filing of chapter 7 or chapter 11 by co-operations and partnerships in which the trustee appointed by the court sells the assets and distributes the proceeds to the creditors. The trustee’s commission, priority debts and debts to unsecured creditors are paid on a pro rata basis.

In chapter 7, the debtor’s business operations cease once the case is filed. On the other hand in chapter 11 the business typically remains in operation and the debtor is given the same right as a trustee.

Personal bankruptcy is commenced by an individual filing chapter 7, 11, 12or 13. The debtor is allowed to exempt certain property (household furniture, jewellery, clothing, pensions, insurance policies and other assets) from liquidation by the trustee. Exemptions vary from State to State. The automatic stay takes effect immediately upon the filing, which prohibits collecting money, or taking property from the debtors. It usually remains in effect through out the case.

In chapter 7 bankruptcies, the debtor files a petition with the court with detailed financial information about his assets, debts and income. These papers are executed under penalty of perjury, the duration being three to four months. Chapter 11 bankruptcies are a reorganization procedure used by business partnership and co-operations. In this case, the debtor will act on his own as a trustee and is called a debtor ‘in possession.’

As a general proposition, bankruptcy laws state that older income taxes (more than three years old) can be wiped out in bankruptcy, but not the new incomes taxes. Prior to filing bankruptcy, the debtor should have his own particular tax situation assessed. As a general rule, debtors filing bankruptcy continue to complete their own returns and pay their own post-bankruptcy taxes.

By: Lesley Lyon

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By Martin Rogers

Here, at Personal Bankruptcy Avoidance, we have been trying to teach people what they should do before making a decision to file for bankruptcy. We have made emphasis numerous times of the harsh consequences that bankruptcy will bring to a person’s financial life.

We have also called bankruptcy a “last-resort method”; meaning, people should always think twice before making such tough decisions; because once you file for bankruptcy, all your financial life will be seriously affected.

The California bankruptcy system offers some legal and financial aids that are for the sole purpose to be used by those who file for bankruptcy.

Today we want to offer a way out for those people that have already made that one last decision and have filed for bankruptcy by explaining a little bit about overdraft agreements, and how they can help someone improve their situation.

One of our clients, Caitlin Stewart, has recently filed for personal bankruptcy, and she just joined our program in order to recover her financial stability and regain her credit capacity.

Martin Rogers, our California bankruptcy expert, will surely help her with any questions she has.

Caitlin Stewart

What are overdraft agreements? And Am I allowed by the California bankruptcy law to use it?

Martin Rogers:

According to the California bankruptcy laws, people who have filed for bankruptcy are allowed to make use of revolving credit accounts that have a direct relation with their bank account. These are called overdraft agreements. These accounts have a limited credit and within that amount you, as the owner of the account, can make withdrawals even if you do not have enough money in the account.

An important point about these accounts is that after the owner has withdrawn money, he or she has to pay the generated capital and interest. People have to be very careful about fulfilling the mandatory payments and above all, always pay the interest charges. Maintaining a healthy financial relationship with this type of account will be vital to recover your credit history.

Caitlin Stewart

Will using this type of account surely help me?

Martin Rogers:

The California bankruptcy laws have created this type of mechanism to help people in certain and specific situations, such as bankruptcy. The most important thing to do after surviving bankruptcy is to recover your credit score by paying on time the capital and interest charges, which credit bureaus will into your account’s behavior; and they will eventually promote the growth of your credit score. The California bankruptcy system is intended to promote the development of these specific bankruptcy cases, where people can show that they can lead a debt free life whilst fulfilling all of their financial responsibilities.

Caitlin Stewart

According to the California bankruptcy system how do I improve my credit capacity beyond that point?

Martin Rogers:

The California bankruptcy system allows people who have a constant growth on their credit reports to equally grow on credit capacity. After the credit picks up over the normal limit by using overdraft agreements, the person can apply for credit cards in order to increase the actual credit score.

Another interesting way of increasing your credit score is requesting a small unsecured loan to make acquisitions or to buy small things. Repaying these kinds of loans will add up more to your credit history, and you will ultimately gain once again the serenity of being out of debt and having a balanced financial life. In time, you will regain your normal financial life, and you will be able to use any bank or credit resource as you could in the past. The main difference is that this time, you will know how to manage it better and avoid debt successfully.

To file for bankruptcy in the California Bankruptcy system, you need the best legal advice possible. Choosing the wrong attorney could cost you your home, vehicles, or other possessions. The decision is too important to trust it to the yellow pages or slick TV commercials.

Choose California bankruptcy well established, well respected and highly skilled attorneys from law firms that deal exclusively with consumer bankruptcy.

By using our free confidential legal evaluation, you can be on your way to achieve the financial solutions you seek. We can help you protect your assets and get the fresh start you deserve.

Check these links to learn more:

http://www.personal-bankruptcy-avoidance.com/Bankruptcy/TX-Texas/Bankruptcy-TX-Texas.shtml

http://www.personal-bankruptcy-avoidance.com/Loans/TX-Texas/Loans-TX-Texas.shtml

By: Martin Rogers

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