Are You Thinking About Filing For Bankruptcy Protection?
Bankruptcy Overview

Bankruptcy, when you come right down to it, is the process that enables those who are unable to pay their debts get a fresh start.
It allows for some or all of these debts to be discharged or reorganized. Individuals or businesses may file bankruptcy.

This enables you to clean the slate and get a 2nd chance with your finances. In most instances, bankruptcy provides a fair method for compensating your creditors as well.

The bankruptcy process need not be your worst nightmare. However, there are certain requirements that must be met. You will be required to file a list of all of your outstanding debts and a complete list of your
assets. This is done with the help of your lawyer thru the Federal Courts.

To make this process easier to understand, your “Assets” fall into two categories.

They are: Exempt and Non-Exempt

Exempt assets are the property or belongings that you do NOT have to use to pay off the debts you have incurred.

In other words, exempt assets are off the table, (not in play) and may not be touched by your creditors.
In most instances this includes a certain amount of equity in your home, and some of the equity in a vehicle. For the most part, your clothing, and other personal items are deemed exempt. This does not include the expensive jewelry, furs and the big boys toys.

Next, you will be assigned a “trustee” by the Federal Bankruptcy Court to administer the payment of your debts.

Your debts also fall into two categories.
They are: Secured debts and Unsecured debts.

A Secured debt is one in which the creditor retains a “security interest.” Most often it is the same property that was purchased with the credit that creditor extended.
Secured debts occupy the first position. This means they enjoy priority over non-secured debts, and must be satisfied first.

If you are unable to pay off secured debts, the creditor has the option to repossess that property and sell it. If there is any “short fall”, that remaining debt is now considered unsecured. It doesn?t go away, it has only changed from secured to unsecured.

Once you have filed for protection, the court will issue an “automatic stay”. This stops your creditors in their tracks. They may not take additional action against you beyond the bankruptcy.

This allows you to avert impending repossessions and foreclosures.

Chapter 7

In Chapter 7 Bankruptcy you are in fact liquidating your assets. This means that you are only permitted to keep “exempt” property. The remaining non-exempt property will be sold to the highest bidder. The proceeds of the sale are applied to the outstanding debt. The shortfall or amount left unpaid by the sale is then discharged.

In Chapter 7 Bankruptcy there are a few debts that are not dischargeable. They include taxes, back child support, DWI fines and student loans.

Chapter 13

In Chapter 13 Bankruptcy you are trying to regroup, recoup and get back on track. It is commonly known as the “reorganization bankruptcy for individuals.”

Individuals who want to pay off their debt over a period of three to five years file Chapter 13 bankruptcy.

Chapter 11

Chapter 11 Bankruptcy is commonly used as the reorganization tool for businesses. This kind of bankruptcy is attractive if you own “non-exempt” property that you want to protect.
Chapter 11 will also help you to catch up on bills that have fallen into arrears. It effectively blocks an impending repossession or foreclosure.

Not everyone is eligible for a Chapter 13 bankruptcy. You must have a reliable source of income that is sufficient to pay your reasonable everyday expenses and still have an amount of positive cash flow with which you begin paying off past due bills.

If you file a Chapter 13 you are required to submit a plan to repay your debts that includes a set timeframe and set amounts to be repaid. Upon approval of the bankruptcy court, both parties (debtors & creditors) are obliged to accept the terms of the order

What To Do Now

Choosing your bankruptcy lawyer is an important decision.

This beginning process allows you to evaluate and determine your best course of action. This discussion is also your opportunity to satisfy yourself that the Jersey Justice sponsoring attorney?s fees are reasonable for your type of case.

Am I Making The Right Decision?

In all likelihood you are stressed and feeling the pressure to seek professional help with your finances.
Your decision to look for an experienced bankruptcy attorney may be the best financial decision you have made in a long time.

Even taking the beginning steps to consult with an attorney takes enormous courage. You may even be thinking about struggling through all the mess on your own. That could be a very lonely path.

Before you make the decision to go it alone, ask yourself a few questions. If two or more of these are you, then it could be the perfect time to seek the services of a bankruptcy professional.

Are You:

receiving harassing or threatening phone calls from people you owe?

paying the minimum payment possible on your credit cards?

taking out Payday Loans? (which by the way are illegal in NJ)

begging for loans from friends and family?

about to lose your job?

behind in your taxes?

receiving foreclosure notices?

behind in child support or alimony?

gambling to try and make ends meet?

sick and unable to even go to work?

If your answers indicate that you are in financial deep water, bankruptcy may be your best solution, but you will never know for sure until you get the advice of an attorney.

How Will Bankruptcy Effect My Life? Your Bankruptcy Attorney will be able to explain some other very important considerations.

What happens after bankruptcy?

What will my life be like?

Will I ever be able to get credit again?

How do I live within a budget?

How do I start all over?

How do I rebuild my credit?

If these nagging questions are on your mind, then a bankruptcy attorney is right for you.

It is true. A bankruptcy can be a persistent source of blemishes on your credit report for up to 10 years.
The good news is you are able to start re-establishing your credit the moment your case is closed.

How good is your present report? It is probably already suffering the consequences of late payments, delinquencies and every other known credit report disorder.

Think about this. Your credit score could actually improve due to the elimination of most of your debt. Lenders actually believe that you are a better credit risk now since they know that you may not file bankruptcy again for another six years.

At about 18 months to 24 months into your bankruptcy you will even be able to qualify for a new home loan if you are able to come up with a minimum down payment backed up with proof of income that supports the debt service.

Auto loans are available to individuals upon discharge of your existing debt. And believe it or not you will start receiving offers for credit almost immediately. But “caution” is the watchword at this critical point in time.

The offers of credit could have been what got you into trouble in the first place.

Tony Merlino is webmaster and legal marketing consultant at <a href="http://www.JerseyJustice.com" target="_blank">http://www.JerseyJustice.com</a> ,a legal information and marketing portal for clients and their lawyers in New Jersey.

10 ways to protect your self from bankruptcy caused by prolonged illness.
Accidents and prolonged sickness can be a drain both emotionally as well as financially. Sometimes money crunch is caused by the inability to hold a job, or when the medical bills escalate and it becomes increasingly difficult to balance expenses. Further, medical insurance may prove insufficient or will not cover long term medications. Life has become such that one needs to think about and plan for any eventuality. Experts recommend the following: 1. Ask your doctor for samples of medication. 2. Often an older drug is effective and cheaper. Request the doctor to write a prescription for a drug that is more affordable. According to studies you can save up to 75% this way. 3. Find out the generic name of the medication and choose to purchase it instead of branded medication —the saving can amount to as much as 70%. 4. Very often companies sell higher dosages of medication for a marginally higher cost. Be prudent, buy the higher dosage and spilt the medication in half, one-third, or quarters. The savings you can make are almost 50 %. 5. Order 90-day supplies in bulk from discount mail order pharmacies or online services. The savings are considerable and many doctors help long term patients reduce costs by putting the patients in touch with distributors. 6. If a particular medication is very expensive ask the doctor to recommend a substitute. This is known as therapeutic substitution. 7. Do try comparison shopping. You will find that the same medication is priced differently in local pharmacies, online outlets, and chain stores. Online pharmacies like http://www.walgreens.com/, www.costco.com , or http://www.drugstore.com/ offer medications at affordable prices. 8. There are several patient-assistance programs that offer free or discounted medication to those who cannot afford long term illness. Companies like Merck have programs that benefit uninsured patients. Medicines are given at discounts of 10-40%. 9. If you or a family member travels frequently you could buy your medicines abroad. Often the same medicine manufactured by the same company is much cheaper overseas. One can also order medicine by mail from Canada where medicines cost 30-50% less than the US. But do check the laws before you attempt this. 10. Start a health saving account where you can save pre tax dollars towards unforeseen medical expenses. This has a high deductible. Find out if you or other family members are eligible. Use an insurance broker who always thinks of you. He must keep you updated on all new developments as far as health schemes are concerned and make sure you reap all the benefits of the insurance scheme. You could also consider a critical illness policy in addition to a regular health insurance.

Paul Wilson is a freelance writer for http://www.1888Discuss.com/home-improvement/ , the premier REVENUE SHARING discussion forum for Home Improvements Forum including topics on buying, selling and insuring, automobile, electronics and more. He also freelances for submit free press release http://www.1888PressRelease.com/Legal-0-23.html

Filing for Bankruptcy in California
There are many reasons to file bankruptcy — large medical bills, loss of a job, unsecured debt, etc. These debts can get very large, very quickly if not properly managed. Nationwide, courts are seeing sizable increases in the number of people filing for bankruptcy protection. And not surprisingly, bankruptcy filings have increase the most in states that have experienced foreclosures due to defaulted loans. Filing for bankruptcy is not something you should do on your own, as you likely are unaware of bankruptcy laws. It’s very important to find a lawyer who is experienced and has a track record of success. Save yourself the headache and let a skilled, experienced attorney help you. The Sexton Law Firm (http://www. jamessextonlaw.com), a California bankruptcy firm, has provided suggestions on how go about filing: A bankruptcy lawyer’s main job is to review your personal information and help you determine the best course of action to take. They will advise you on what kind of bankruptcy you can file and ensure you get the best possible outcome. When you meet with your bankruptcy lawyer, be sure you are prepared. 1. Ask what kind of bankruptcy you should file for. Chapter seven requires you to use non-exempt assets to pay off your creditors, this can be extremely detrimental. Chapter eleven and thirteen, do not require this, but are much harder to qualify for and more expensive to file for. 2. Ask how to go about filing for bankruptcy. There is a lot of paperwork to file, so be sure you have it checked by your attorney, as they will be able to direct you on everything you need to fill out. 3. Educate yourself on the fees you will have to pay for filing. They differ depending on the kind of bankruptcy you are filing for. Following these steps will help you achieve a thorough understanding of the process. The Sexton Law Firm offers free consultations and never charges to speak with an attorney. Get experience you can trust. Speak with an attorney at the Sexton Law Firm today about your bankruptcy case and get the information you need.

The Sexton Law Firm proudly serves the San Diego area. Get your questions answered by an experienced and knowledgeable California attorney. To speak with a local attorney for free, contact The Sexton Law Firm to set up an appointment. Phone: 619-476-9436 Fax: 619-476-9258 http://www.jamessextonlaw.com

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Don t Lose Your Home! Contact a Bankruptcy Attorney Today!
The decision to file bankruptcy is a serious decision but it is a decision that can give you a fresh start if there is no other way out. Bankruptcy is a legal way to discharge unsecured debt that can provide an overwhelmed debtor with a new beginning. It may be possible to keep your present home and your car after filing bankruptcy. A law firm such as the Malaise Law Firm, with attorneys skilled in San Antonio baenkruptcy law can help you decide if bankruptcy is the correct decision for your particular situation. If the decision is made to file bankruptcy, they will explain to you the pros and cons of the two types of bankruptcy available to individuals, Chapter 7 and Chapter 13. Chapter 7 is what most people usually think of as bankruptcy. In Chapter 7 bankruptcy, a debtor s non-exempt assets are liquidated or sold with the proceeds used to pay toward unsecured debts such as credit cards, loans, and medical bills. In the majority of bankruptcy cases people do not lose any property and the unsecured creditors get nothing. Several months after filing bankruptcy the unsecured debts are discharged and the creditors can never collect on the debt. A secured creditor may still enforce a lien to recover property secured by the lien. Chapter 13 is a debt reorganization or consolidation bankruptcy. If a debtor has regular monthly income, their debts including mortgage arrears, car payments, credit card bills, medical bills, loans, student loans, etc. are combined into one low monthly payment. Since the debtor is paying back their creditors through a repayment plan, the debtor does not risk losing their assets as they may under Chapter 7 bankruptcy laws. During the repayment plan creditors are prevented from contacting the debtor without first going through the debtor s bankruptcy attorney and the court. Millions of people declared bankruptcy in 2007 to get the fresh start they needed. Contrary to popular belief, your credit is not permanently damaged and it is still possible to get credit after filing bankruptcy. At the Malaise Law Firm, our San Antonio bankruptcy attorneys have over 40 years experience helping people file bankruptcy, with two board certified attorneys. We put our emphasis on helping our clients do what is in their best interest and our clients needs always come first. The Malaise Law Firm serves the residents of San Antonio, Houston, Dallas, Fort Worth, Corpus Christi, Harlingen, Brownsville, and McAllen, Texas with all of their legal needs including bankruptcy. If you would like to see what we can do to help you please contact The Malaise Law firm today at http://www.malaiselawfirm.com/contactus or call 1-800-BANKRUPT for immediate assistance. or call 1-800-BANKRUPT for immediate assistance.

Tom Moss writes about <a href ="http://www.MalaiseLawFirm.com">Bankruptcy San Antonio</a> laws.

Why Should I File for Bankruptcy?
Financial problems these days are very common and you shouldn’t be ashamed of admitting your too far into debt. Outstanding debts can occur in a variety of different ways. You could be swamped with overwhelming medical bills, laid off from work, or worse. Financial troubles loom everywhere, but luckily theres still one way out If your in too deep. Knowing when and when not to file a bankruptcy can sometimes be tricky, but maybe I can help. If your just overwhelmed with debt and can no longer pay then bankruptcy is definately an option for you. When you file a bankruptcy to wipe your debt completely clean its called a ‘discharge of debt’. Discharging your debt will start you over with a clean slate. It doesn’t matter if you file a Chapter 7 or a Chapter 13 bankruptcy both will wipe most, if not all, of your debt out. If you can no longer pay your mortgage and your house is up for foreclosure then bankruptcy is a viable option for you. A bankruptcy can help stop the sale of your house, but it will not wipe out the debt owed on your current mortgage. What a bankruptcy will do for your mortgage is help create a repayment plan for the payments your behind on. A bankruptcy can also help keep your car and various other pocessions from being repossed. If your car has been repossed already by the bank, a bankruptcy can force the bank to give you back your car. Unfortunately this is only the case if you file the bankruptcy quickly enough after your car is repossessed. Any debt you own for these items will then be consolidated into a ‘bankruptcy plan’. A bankruptcy plan means, that a bankruptcy trustee will be directly responsible for your debt, and all your payments will be paid to them instead of to the finance company. A bankruptcy plan is made to be in your best interest. If you plan to file a bankruptcy because of medical bills then that may be a good option. Whether you were in the hospital for a major illness, or from a car wreck, or whatever, sometimes your medical bills can pile up to an exponential amount. If you can no longer afford to pay these bills then a bankruptcy can dramatically reduce your medical bill debt. One of the major reasons people file bankruptcy is because loss of work. People easily become comfortable with their spending habits at the income their making. Sometimes the unthinkable occurs and you lose your job. The bills can quickly pile up. Often times this is compounded with medical bills also since a lot of people can no longer work because of medical reasons. If you have an incredible amount of debt, don’t be afraid to ask for a little help. Filing a bankruptcy can repair your financial burdens and get you back on your feet.

'<a href="http://nicholasf.wordpress.com/2007/12/16/why-should-i-file-for-bankruptcy">Why Should I File for Bankruptcy?</a>' was brought to you by Legal Forms Bank .Biz where you can download 'do-it-yourself' <a href="http://www.legalformsbank.biz">legal forms online</a>. They help average people just like you to file for <a href="http://www.legalformsbank.biz/bankruptcy.asp">Personal Bankruptcy</a>.

Finding that Perfect Bankruptcy Attorney isn t that Hard
Bankruptcy can be a very confusing time in one s life because although it means seeking out a bankruptcy attorney to bring about some sort of financial stability, it also means putting your immediate financial future on hold. On the other hand, you won t have to worry about creditors harassing you anymore. Even though filing bankruptcy constitutes a fresh start, the fresh start doesn t begin until ten years after your bankruptcy is discharged. In the meantime, it is possible to acquire some credit from those creditors who are friendly to those who have filed bankruptcy. But you must first find a bankruptcy attorney to get the ball rolling. Some charge different rates to get your bankruptcy started, so you want to find an attorney who has reasonable rates. A great place to check is the website Get Lawyer Advice where you can get legal advice and a list of lawyers for each state. Upon locating the appropriate bankruptcy attorney, you can begin your journey to financial stability. Whether you are filing a chapter 13 bankruptcy or chapter 7, your attorney is going to ask that you put some money down or pay the entire amount toward filing your bankruptcy. After you have put down the specified amount, your bankruptcy attorney will then look at creditor statements, etc. to ensure your amount of debt exceeds the specified amount that enables you to file bankruptcy. Once this is determined, your attorney will fill out a petition and by law you will be required to attend a credit counseling session. Unfortunately, if you are not happy with the attorney performing your bankruptcy, they may not refund your money. There are cases in which this has happened and clients have had to move on to another attorney. Again, this is why it is important that you research who you want to be your representing attorney and the internet is a great way to do that. Just remember that finding a good bankruptcy attorney does not have to be difficult with powerful tools such as the internet. Simply look at what other people have to say regarding the various attorneys, look at track records, and years of experience. With this, you will surely find yourself a competent attorney to handle your bankruptcy inquiry. To find that perfect bankruptcy attorney, go to www.getlawyeradvice.com to locate a bankruptcy lawyer within your state and learn valuable information regarding bankruptcy laws and procedures.

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Bankruptcy Lawyer: Your Final Solution When Running Out Of Options
Before rushing to a lawyer to assist you in filing for bankruptcy, you have to make sure what is bankruptcy and what is not. Only then will you have to find a bankruptcy lawyer that you can work with in filing your case. Many people rush to file for bankruptcy thinking that it will solve their financial problems. The opposite is often true.

Declaring your business to be legally bankrupt, only mean that you have done everything you could and there is no way for recovery. It means being deep in debt that it will already be impossible for you to sustain the business.

There are kinds and variations to bankruptcy and the legal process will depend very much on where you are coming from but the purpose is the same. Bankruptcy cases will take years to resolve. The court will determine what debts do not have to be repaid and what will be directly deducted from your income.

In the interim, credit lines will be closed to you. Your credit history will be tainted and no credit institution will want to do business with you. Back taxes that you owe will still have to be paid and obligations will still be enforced like alimony and child support.

When there is no resolution that is possible, finding a good bankruptcy lawyer will then be the only recourse.

A good bankruptcy lawyer should be someone you can be comfortable talking with. Someone you can trust and someone who has displayed competence in handling bankruptcy. This is very important as communication between you and the lawyer must be based on trust. There have been so many instances when the client holds back on information that he thinks is not so significant only to learn later on that the piece of information that was withheld posed additional complication to the case. Withholding information from your bankruptcy lawyer pose problems where non existed before. Bankruptcy lawyers can only help the client to the extent of the knowledge that the lawyer has. It is crucial then that the client works with the lawyer. This is in the first place the client?s future that is at stake.

Do not hesitate to interview the lawyer prior to retaining him. Ask the lawyer questions and a good lawyer must answer you in a language that you can understand. If you don?t, do not be afraid to clarify statements that could be ambiguous to you. Find out a bankruptcy lawyer that already has an extensive experience in handling bankruptcy cases. Whenever possible find a bankruptcy lawyer who is a specialist. Avoid the generalist, as they may not be able to help you as much.

If you feel uncomfortable talking with a particular bankruptcy lawyer, find another one. You can visit the local bar association to find out their recommendation.

When you visit your bankruptcy lawyer, bring a list of all the creditors that you owe, including payments to personal loans that you are not left behind and a list of all your assets and liabilities. The more information you provide the bankruptcy lawyer, the better and more accurate the recommendations he will give you. Remember that lawyers can only work as good as the information that you provide.

Cooperate well in giving your lawyer the data regarding your case because you are in the best position to give those to him. You also will be the person that will either suffer or benefit from the outcome.

Robert Thatcher is a freelance publisher based in Cupertino, California. He publishes articles and reports in various ezines and provides bankruptcy lawyer resources on <a href="http://www.your-bankruptcy-lawyer.info">www.your-bankruptcy-lawyer.info</a>.

Debtor's Rights - Credit Report
A bad credit report can prevent you from obtaining credit. If you have trouble obtaining credit, it might be because a credit agency has issued a bad report on you. You might be able to obtain a copy of your report and -if it contains false information - get it corrected. Can I see my credit report? If you are denied credit, you are entitled to a free copy of the consumer credit report that formed the basis of the denial. The creditor is required to tell you the name of the credit reporting agency that prepared the report on you. You must request a copy of your credit report from the agency within sixty days of the denial. The three major credit reporting agencies are: Experian, (800) 301-7195 Equifax, (800) 525-6285 Trans Union, (800) 680-7289 When the creditor tells you the name of the reporting agency that furnished the report, call them to find out their address. Then write a letter to the agency requesting a copy of your report. Even if you have not been denied credit, it is probably a good idea to check your credit report for accuracy periodically. They often contain mistakes, and when you want to get a loan, you may not have time to correct them. Because you haven’t been denied credit, the report isn’t free. The credit reporting agency is allowed to charge you no more than $8.00 for a copy of your report. What information is in a credit report? In general, your credit report will contain information about your credit history during the last seven years. It will show: Whomyou have borrowed money from The amount of the debt Whether or not you made the promised payment on time and in full The identity of any creditor who has requested information about you If you file bankruptcy, the information remains on your credit report for ten years. What if my credit report is incorrect? You have a legal right to challenge the completeness and accuracy of any item in the report. Write a letter to the credit reporting agency explaining that some of the information in the report is incomplete or inaccurate. The agency must investigate your claim - without charge - within thirty days. The agency is required to delete any information that is inaccurate or whose accuracy cannot be verified. If the credit reporting agency’s investigation does not resolve the dispute, you have the right to send the agency a brief statement (generally 100 words or fewer) explaining your position. Your statement will become a part of your credit report and will be disclosed to creditors together with the other information in your file. If you believe a credit reporting agency has violated your rights, contact the Federal Trade Commission or see a lawyer who specializes in consumer rights.

Henry Dahut. Please Visit Us at www.GotTrouble.com