Archive for the 'Business Bankruptcy' Category

Business Bankruptcy - A Basic Outline Before You Proceed

Business bankruptcy is a situation wherein a business organization has more liabilities than assets and is no longer capable of meeting its financial obligations. Any type of business can file a business bankruptcy case.

It’s best to try to realizing the conditions for bankruptcy, what kinds of debts bankruptcy wont be able to discharge, as well as the long term effects it can have on credit records, may help people to decide what’s best when considering bankruptcy.

Business bankruptcy can provide relief to the business owner who is overwhelmed with credit problems and cannot find any other way out of debt. However, business owners must also face the fact of losing ones business and damaging ones credit standing and endure embarrassment. Although, in a businesses setup there is not much stigma attached to bankruptcy as it is in fact used by many businesses to restructure their companies.

Choosing what type of business bankruptcy to file is also not a very simple task. Business bankruptcy has different types, each with its own set of rules. The type of business bankruptcy that you can file depends on the type of your business.

Corporations and partnerships can file Chapter 7 bankruptcy or Chapter 11 bankruptcy. In proprietorships, Chapter 7, Chapter 11 or Chapter 13 bankruptcy may be filed. The basic difference here is in proprietorships, the owner files the business bankruptcy case. While in corporations or partnerships, which are legal entities separate from the stakeholders, the corporation is the one declaring bankruptcy and the case does not directly affect the stakeholders.

Here are the types of bankruptcy proceedings that can be used by businesses and business owners:

Chapter 7 In this case, the debtors non-exempt assets, if there are any, are liquidated to pay off as much of the debt as possible. At the end of the case, the debtor will receive a discharge of its debt by courts order. Businesses or individuals may file Chapter 7 bankruptcy.

Chapter 11 Large businesses often use this type of business bankruptcy, wherein the debtor is allowed to keep his assets and continue the operation of the business as supervised by the court. Chapter 11 offers a lot of flexibility to a business who is considering business bankruptcy but its complexity makes it an expensive option.

Chapter 13 This option is available only to individuals with regular income. There are specific requirements as to how much debt a person or business has in order to be eligible. A payment plan is arranged over three to five years where the debtor is expected to make monthly payments to a trustee. The amount of the payment depends on the income of the debtor. Debts that are not paid at the end of the payment plan are wiped out.

Filing a business bankruptcy is a serious decision and one that should be considered only when all other options have been tested. It would be wise to seek advice from a finance and legal professional before making any decisions.

Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, current news, tools and valuable resources on bankruptcy and debt solutions, visit this site: New Bankruptcy Law

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Bankruptcy Questions Answered

Bankruptcy is a lawful phrase that most of us have heard quite often. Many of us usually
think that a someone has happened to be broke when they are bankrupt, yet that is frequently
not nearly close to the truth. We have this predetermined idea that in order for us to be
bankrupt, we are careless and lazy. In the actual world, it can be one of the most
accountable things that anyone can decide to do when it is really required. It is not a
simple choice for any of us to choose, but it can be the most suitable for some situations.

When you decide to declare bankruptcy, what you will actually be saying to your creditors is
that you have no way to repay all your debt. You will have to announce bankruptcy through your
attorney. If it happens that your condition is a legitimate one, you stand a chance to be freed
of your debt. All the creditors that you owe money will have no right asking for it any more.
This can sound grand at first but it does have its downsides as well.

You should know one thing though; having a thing like a bankruptcy apearinging on your credit
report for the following 6 to 10 years is not going to be beneficial to you in any way. It
will show there in big, bold, red writing on your credit report for a long, long period of time.
Because of bankruptcy, you will have difficulty obtaining credit cards, loans or making big
purchases even though, these things may have pushed you to declare bankruptcy in the beginning.

If you can show that you are making some real effort with your monetary condition, you could
find it not as much of difficulty to obtain financing but not very much though. Nevertheless,
it is an excellent way to take monetary responsibility of your own life. Besides that, you will
feel a very large weight being lifted off your back.

Credit card companies and other creditors where you owe money actually do have the right to say
NO to your bankruptcy claim. There are certain circumstances when they will very likely do just
that. For example if you have just spent money on a vacation, purchased something expensive or
used a credit card when out of work, or spent money subsequent to consulting with an attorney,
you will appear distrustful in creditors eyes and will most likely be denied. It is always wise
to seek advice from an attorney or debt counselor prior to taking the plunge and declaring
bankruptcy.

At Debt-Free-Family we are dedicated to help you get out of debt, avoid bankruptcy and enjoy a debt free life. Get all the answers on your Bankruptcy Questions

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Cost of Filing Bankruptcy Review

Considering the cost of filing bankruptcy ought to be a last option in attempting to resolve any debt problems. Realizing the conditions for bankruptcy, what kinds of debts bankruptcy won’t be able to discharge, as well as the long term effects it can have on credit records, may help people to decide right when considering bankruptcy.

Practically, a person knows that it’s not right to file for bankruptcy when he is not bankrupt, that is - he has the means to pay for his financial obligations. The new assumption is that if a debtor can make payments, then he must pay his debts. If he can’t possibly pay all his debts, then that’s the time for considering bankruptcy.

It shouldn’t be a problem turning to a Chapter13 Bankruptcy for assistance, and protection, if a person has a regular income that only needs reorganization, so he can repay all or only a part of his debts.

Also under the Chapter13 Bankruptcy are the advantages of stopping a mortgage foreclosure wherein the lender demands immediate payment of a huge sum (even the entire loan amount) due to missed regular payments, as well as freeing you of lesser debts to have more disposable income to keep up with your mortgage, allowing you to keep your (non-exempt) properties from being sold to discharge your debts, and also ‘cramming down’ some secured debts (not purchased less than one year) that demand higher debts than the original price of the commodity you owe.

Yet, there still are significant concerns in considering the cost of filing bankruptcy:

Bankruptcy may be an efficient instrument for debtors, yet it cannot eliminate all vital debts like child support, alimony, most tax debts, student loans, and creditor-secured debts. Considering bankruptcy then should take into thought the value of these debts instead of viewing bankruptcy only in terms of using it as an exploitable financial remedy.

Nevertheless, even though the cost of filing bankruptcy may not be a concern, you should know that it is meant for removing or reducing unsecured debts like credit card debt (not all) and other unsecured debts of minor value. Also, bankruptcy is just the thing intended for putting off serious creditor harassment and legally putting payments on hold due to temporary crises or unforeseen circumstances.

Again, bankruptcy cannot help in escaping important (but undermined) debts such as child support and alimony obligations, neglected tax debts, reconcilable student loan debt, or lien-secured (property-replaceable) debts.

Other debts that cannot be possibly discharged are debts not listed in the bankruptcy papers, debts for property damage, personal injury or death caused by inappropriate behavior (e.g. drunk-driving), fines and penalties imposed for law-violation (traffic-tickets and criminal reimbursement), recent income-tax debts, luxury goods, and debts incurred through fraud, such as lying on a credit application or passing-off borrowed property to use as collateral for a loan.

What’s the real reason behind bankruptcy?

Are easy credit cards to blame?

You can get credit after bankruptcy and rebuild over again once a debtor receives his discharge. Yet, it could still take several years before one can get back decent interest-rates on a credit card, mortgage, or car loan, and debtor cannot spoil credit after bankruptcy - not this time. It could take another 8 long-years before a person can file for another personal bankruptcy.

Remember it’s probably the easy credit cards that caused the problems in the first place and or ones lack of education in regards to financial concerns. You do not want to repeat your mistakes when re-building your credit.

Dean Shainin offers free online debt advice. For more information, articles, news, tools and valuable resources on bankruptcy and debt solutions, visit his site at: Bankruptcy Attorneys

Cost of Filing Bankruptcy

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Can You Avoid Bankruptcy? Tips on What You Can Do To Avoid Filing Bankruptcy

If you are on the brink of filing bankruptcy and need a way out, there are other options that may be available to you. This article can offer more information and tips on what you can do to avoid filing bankruptcy.

If you can avoid filing bankruptcy, you should. A bankruptcy can seriously affect your ability to get loans and credit for the next seven to ten years. Here are a few other options worth exploring, as well as a few tips on avoiding bankruptcy.

Debt Consolidation
If you are overrun by a number of bad debts, you may want to consider getting a debt consolidation loan. This loan can give you the money you need to consolidate all of your debt into one low monthly payment. This will make your bills much more manageable and allow you to start over with a relatively clean slate.

Credit Counseling
When you get behind on your bills, it is easy to feel overwhelmed. Though filing for bankruptcy may seem like the easiest option, it may not be the best. If you want to avoid filing bankruptcy, try credit counseling instead. Professional credit counseling services can review your situation and give you advice to help you turn things around.

Tips on What You Can Do To Avoid Filing Bankruptcy
In addition to debt consolidation and credit counseling, there are a few other things you can do to avoid filing bankruptcy:

Try settling your debts. Some creditors may be willing to accept less than what you owe.
Tighten your belt. Skip the morning coffee, disconnect the cable, clip coupons, and use any money you save to pay off your debts little by little.
Filing for bankruptcy isn’t free. You’re going to need to save up or get an extra job. Consider using the money you have and the additional money you could earn to begin paying off the bills instead.

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Factors Leading to Bankruptcy.

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The Basics of the New Bankruptcy Law

The new bankruptcy law took effect recently and significantly changed the rules of filing bankruptcy. If you’re not sure exactly what these changes mean for you, read this article which lays out the basics of the new bankruptcy law.

The new bankruptcy law has brought about a number of changes to the filing process. Here are the major ones:

Credit Counseling
The new bankruptcy law dictates that anyone who wants to file bankruptcy must complete credit counseling with an agency approved by the United States Trustee’s office. After the bankruptcy case has ended, filers must attend yet another counseling session to learn more about personal financial management.

Restricted Eligibility
In the past, it was possible to choose between filing Chapter 7 or Chapter 13 bankruptcy. Under the new bankruptcy law, eligibility for filing Chapter 7 is based on income. A filer’s average income for the six months prior to filing bankruptcy must be below their state’s median income.

Property Values
Under old bankruptcy law, those who filed Chapter 7 bankruptcy were allowed to place a value on their personal property based on what they could sell it for at an auction. The new bankruptcy law requires that property now be valued at replacement value. This puts increased value on the property and ensures that more filers will have their property taken and sold by a trustee.

State Exemptions
Under new bankruptcy law, your state’s exemptions will apply only if you have lived in the state for two years. If you have been in the state for less than two years, you will receive the exemptions from the state that you lived in previously.

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Reestablishing Credit
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Life After Bankruptcy What to Expect

Many people think about filing bankruptcy, but fear what their life will be like afterwards. This article clears things up by offering information on what you can expect after filing bankruptcy.

Bankruptcy is designed to provide people with a clean slate. However, it does have effects on your credit, your budget, and your life. Here are a few things to expect after bankruptcy.

Credit Counseling
Under the new bankruptcy law, you are required to take credit counseling before and after you file for bankruptcy. The counseling session that occurs afterwards focuses on personal financial management. You should glean as much information as you can during this session as it will help you to establish a budget and keep your finances on the right track.

Your Credit
Bankruptcy can have a serious impact on your credit rating and your ability to get loans and credit cards. The good news is that it is possible to repair any damage that has been done. It won’t happen overnight, and it will require a serious effort on your part, but in a short amount of time, you can turn your poor rating into a good rating.

Your Finances
Because bankruptcy will eliminate your high interest credit card debt and any other unsecured debt that was costing you money on a monthly basis, you will have extra funds that can be utilized for other purposes. Begin reshaping your financial situation by taking this money and placing it into a high interest savings account. This savings account will provide a safety net to fall back on in case things get tough.

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FICO Score.

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Bankruptcy FAQS - What You Should Know about California Bankruptcy

When the 2005 Bankruptcy Act was created, this affected the bankruptcy laws in California, as well as other states across the country. Within this act, those involved in California bankruptcy are required to participate in credit counseling. This participation must occur within 180 days of the bankruptcy filing. Furthermore, any person filing for bankruptcy is also required to complete a course in financial management.

This means that any California bankruptcy filer must have an evaluation of the expenses and their income. By doing so, you can determine if a chapter 13 or a chapter 7 California bankruptcy is right for you. The new bankruptcy laws established in 2005, requires a great many new things, all of which affects the California bankruptcy laws as well.

As a requirement, you must undergo an evaluation. What will happen is that a court official will create a document that details the past six months of income you have received. They will then compare your income with that of the California median income. In order to file a chapter 7 bankruptcy, your income must fall below the median income within California.

However, just because your income does not fall below that level, does not mean you cannot file a chapter 7 bankruptcy, it does mean that other factors will need to be considered in making the determination. However, in most instances, when the income is above the median income level in California, a Chapter 13 filing is necessary.

Before you even consider starting the process of California bankruptcy, you should gather some documents. Things you should have include a list of your property, a list of your debt, a list of expenses, two years of debt, as well as records of finances and income. As you gather your paperwork, make sure you include documentation for outstanding credit card debt or loans, previous tax filing records, titles to automobiles, and titles to any property you own.

The next step in filing a California bankruptcy is to obtain the services of a reputable bankruptcy lawyer. This lawyer can guide you throughout the entire process, as well as aid you in obtaining the necessary forms needed in California to file for bankruptcy. The forms needed are referred to as schedules. Schedules help you in obtaining the documents you need in your case.

After you or your attorney has filed the bankruptcy documents, creditors cannot legally contact you in any way regarding the debts you have included in the bankruptcy case.

Ken Charnley is a personal finance publisher whose website Bankruptcy Loans is dedicated to quality information on Bankruptcy faqs & Loans. For all your Bankruptcy faqs needs visit and Apply for Bankruptcy Loans Online

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Bankruptcy FAQS - Home Loans after BankruptcyMany people feel that a bankruptcy prevents them from ever fulfilling their dreams of becoming a homeowner. This is not true;...

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Bankruptcy FAQS - Home Loans after Bankruptcy

Many people feel that a bankruptcy prevents them from ever fulfilling their dreams of becoming a homeowner. This is not true; there are many companies that will extend you a home loan, even if you have filed bankruptcy in the past.

There are specific and specialized bankruptcy lenders that will work with you and provide you with bankruptcy home loans. However, there are some requirements. For example, in general, you must have at least a credit score of 500 or more, in order for a bankruptcy home loan company to consider you. These lenders will generally bend over backwards to help you in securing a home loan.

Here are some situations that generally apply for those wanting a home loan after bankruptcy:

1. You would likely only qualify for a maximum of eighty-percent financing. What this means for you, is that your down payment will be the twenty-percent that the loan does not cover.

2. It is also a requirement, for those wishing to obtain a bankruptcy home loan, to have a debt-to-income ratio of between forty-five to fifty percentile range.

3. You will likely have a higher interest rate than other people will. This should never stop you from obtaining the home of your dreams. However, as you begin to build your credit back up and improve your rating, you will have the option of refinancing at a later day for a lower rate of interest.

It is the goal of most people, to someday become a homeowner. Even if you have filed for bankruptcy, you are not prevented from achieving that goal in any way. Every one makes mistakes; the key is to learn from them.

You do have options and many mortgage companies are offering people, just like you that have filed bankruptcy a way to finally have their dream home. Bankruptcy is not the end of the world and it certainly does not limit you to only renting. Now, your rent can turn into a mortgage payment.

Ken Charnley is a personal finance publisher whose website Bankruptcy Loans is dedicated to quality information on Bankruptcy faqs & Loans. For all your Bankruptcy faqs needs visit and Apply for Bankruptcy Loans Online

Bankruptcy FAQS - Bankruptcy Car LoansIf you have ever filed for bankruptcy and are in need of a car loan, a bankruptcy car loan may be the choice for you. While f...

Bankruptcy FAQS - Credit Card After BankruptcyA credit card after bankruptcy? It is possible! You may thinking that obtaining any type of credit card after having filed a ...

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Bankruptcy FAQS - Bankruptcy Car Loans

If you have ever filed for bankruptcy and are in need of a car loan, a bankruptcy car loan may be the choice for you. While filing bankruptcy often puts a big dent in our credit report, we often find that we have a need for a car during the seven years after filing. I say seven years, because this is the amount of time a bankruptcy generally remains on your credit report, which could lead to the denial of credit. Bankruptcy car loans can help you in purchasing a new vehicle, even if you have a bankruptcy in your past.

Bankruptcy Car Loans:- Bankruptcy car loans further help you in rebuilding your credit and re-establish your rating, after filing for bankruptcy. Typically, two years after filing bankruptcy, people become eligible for bankruptcy car loans. The reason for the two year waiting period is that it gives the lenders the ability to see what your choices have been since the bankruptcy event. In other words, if you jumped right back on the same track as pre-bankruptcy, you will not receive the loan. However, if you have learned your lesson and become responsible in your financial choices, you will find that they readily offer you a loan for a new vehicle.

Of course, it has not always been this way. In days gone by, if you had filed bankruptcy and it still remained on your credit report, it was nearly impossible to receive a loan for a new car. However, today, bankruptcy is seen in a new light and treated much different than in the past. However, bankruptcy car loans do not come without a hitch. The loan will likely come at a higher rate of interest when compared to those without bankruptcy on their credit history. Generally, because of the positive side of these loans, which is getting back on the right track financially, people will have no problems in accepting the higher interest.

One thing to keep in mind is that you should take great care to make every payment on time, every time. If you work hard to keep the bankruptcy car loans paid off in a timely fashion, you will find yourself back on the road to financial recovery, and have the ability to obtain further loans if needed.

Ken Charnley is a personal finance publisher whose website Bankruptcy Loans is dedicated to quality information on Bankruptcy faqs & Loans. For all your Bankruptcy needs and faqs visit Apply for Bankruptcy Loans Online

Bankruptcy FAQS - Home Loans after BankruptcyMany people feel that a bankruptcy prevents them from ever fulfilling their dreams of becoming a homeowner. This is not true;...

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Bankruptcy FAQS - Credit Card After BankruptcyA credit card after bankruptcy? It is possible! You may thinking that obtaining any type of credit card after having filed a ...

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Bankruptcy FAQS - Credit Card After Bankruptcy

A credit card after bankruptcy? It is possible! You may thinking that obtaining any type of credit card after having filed a Chapter 7 or 13 bankruptcy is an extremely bad idea. However, they can help in reestablishing your credit reputation and history, as well as being quite easy to get.

Once you get the credit card after bankruptcy, it is extremely important that you always make the payment on time, as well as continually pay the balance. Doing so will help you in opening up other roads such as home loans, personal loans, or car loans.

However, it is important to take extreme care when you apply for a credit card after bankruptcy. Avoid jumping at each credit card offered by any company. They may offer the credit cards to you; however, they will come with low spending limits and high interest rates, when compared to those who have not filed for bankruptcy.

You might feel flatterd that these companies are working hard to receive your business, however, avoid being fooled and overextended by their offers. Many companies are well aware of the fact that people who have filed bankruptcy are looking for ways to improve their credit rating; therefore, they may just offer you more than you imagined. Take great care in choosing credit cards and do not allow yourself to fall back into the spiral of debt.

You should have a goal when you obtain a credit card after bankruptcy and it should be to reestablish your credit rating. You should not run out and take a vacation, buy things you do not need, or simply go on a shopping spree. You now have a big negative black mark on your credit report, if you are wanting to rebuild it, you need to take care of your finances, obtaining a credit card after bankruptcy could help you.

Use common sense and restraint when using the credit card. Only make small purchases that you would be able to pay off in full each month. This will greatly help you improve your credit rating and reputation. You may find with this kind of discipline that the company offers to raise the spending limit and reduce the amount of interest charged, after six months.

Ken Charnley is a personal finance publisher whose website Bankruptcy Loans is dedicated to quality information on Bankruptcy faqs & Loans. For all your Bankruptcy needs and faqs visit Apply for Bankruptcy Loans Online

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