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Tag Archives: file bankruptcy
Often times, people considering filing Bankruptcy are unsure of what documentation is required, how long the process takes, and what the Bankruptcy process entails. When a debtor seeks to file Chapter 7 Bankruptcy, they must first satisfy the requirements of the means test to determine their eligibility for a Chapter 7 filing. After determining eligibility, the debtor will then be required to provide a number of documents to the Bankruptcy Court for the Trustee’s review. This required information includes recent bank statements, pay stubs, creditor information, and specific information regarding the debtor’s assets and finances.
Upon compiling all of the necessary information, a voluntary petition for Bankruptcy is completed and filed for the debtor, whereby the Bankruptcy Court then schedules the Meeting of Creditors, or 341 Hearing as commonly referred to. The Meeting of Creditors is an informal questioning under oath of the debtor for the purpose of ensuring that the debtor fairly and honestly represented their assets, income, and debts in the filed bankruptcy petition. The Trustee appointed to the debtor’s case asks a series of questions under oath concerning the debtor’s property and financial situation. Upon completion of the Meeting of Creditors and Bankruptcy Filing Course Requirements, a debtor will have successfully completed the Bankruptcy process.
The entire process is usually completed within four months, and the debtor then receives a discharge of all dischargeable debts. This dischargeable debt includes credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.
It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.
No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!
Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage. While individuals are allowed to file Bankruptcy without the use of an attorney (commonly referred to as pro se), it is strongly discouraged by the U.S. Bankruptcy Court.
Bankruptcy is a difficult process with very technical issues, and individuals are discouraged from attempting to file on their own because they could put themselves in jeopardy by not undertaking the proper steps or simply failing to compile all of the necessary information. If certain technical requirements for Bankruptcy are not satisfied properly, a debtor could be precluded from filing Bankruptcy altogether, may lose the right to file again, and may lose protections in a later case, including the benefit of the automatic stay.
The Bankruptcy Judge can also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Debtors should also consider that Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.
A competent Bankruptcy attorney will ensure that the process is undertaken properly and that all necessary information is accounted for in order to successfully receive a proper Bankruptcy discharge.
If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.
Rising health care costs and the financial situations you may face leads many to medical expenses that can quickly escalate into piles of debt. With more employers cutting insurance contributions, the demand on medical consumers only increases.
Luckily for debtors burdened with medical bills, medical debt is considered an unsecured debt by the bankruptcy courts, and may possibly be discharged in a Chapter 7 bankruptcy.
Researchers from Harvard Medical School and Ohio University conducted a survey of personal bankruptcy filers for 2007 and found that nearly two-thirds of petitions filed personal bankruptcy because of medical-related debts. Of those, nearly 80 percent had health insurance.
Not only can unexpected illnesses bring on bills but the prolonged effects of illness or injury can be loss of work and less income to pay off those bills.
Medical bankruptcy is an especially complex issue, and should be sought for council before proceeding by a Tampa bankruptcy attorney that can help you during your financial hardship. To learn more about your options to discharge medical debt, contact attorney Michael Blickensderfer of Blick Law Firm and ask about our consultation services today! 813-931-0840.
There are ways to keep your home in bankruptcy. “Automatic Stay” is one of the first advantages of bankruptcy, which will prevent creditors from taking collection action against you. If you are facing foreclosure, the filing of a bankruptcy petition will temporarily suspend the foreclosure action. While the automatic stay will not last forever, it will give you more time to review all of your options. Attorney Michael Blickensderfer of Blick Law Firm can help you review all of your options before deciding which type of bankruptcy is best for your situation.
Personal circumstances, such as the type of bankruptcy you file, the amount of equity in your home, and whether you own the house jointly with someone else are all factors to consider. In a Chapter 7 case, while you will lose assets but get rid of debts, you can either formally reaffirm the mortgage loan or, in some judicial districts, just keep making payments. If you fall behind on payments, and have some equity in your home, Chapter 13 bankruptcy may be a better choice for you because it allows you to pay off the arrearages (mortgage) over time and therefore face less risk to losing your home. A critical consideration in a Chapter 13 case is whether a debtor whose home loan is in default can make the larger mortgage payments (the missed payments plus resuming the original payments) over the repayment period.
For more information regarding keeping your home when filing for bankruptcy or general questions about qualifying for Chapter 7 and Chapter 13 bankruptcy call Blick Law Firm today at 813-931-0840.
The Columbia University Mailman School of Public Health reports that more families have been using their tax rebates to file for bankruptcy.
In 2001, bankruptcies increased 2 percent after receiving rebates but increased 7 percent in 2008, according to research by Tal Gross, an assistant professor of health policy and management at the school.
Overall, Gross found bankruptcy filings fell by more than 50 percent between the two years, presumably due to the Bankruptcy Abuse Prevention and Consumer Protection Act passed in 2005. Legal fees for filing increased from an average of $921 to $1,477.
While some debate the new law was a good way to weed out unnecessary filings, Gross believes it made it more difficult for families in need to dig themselves out of their financial troubles.
Although bankruptcy has had a bit of a bad rep in the past, it may be the only option for people with medical debt. Attorney Michael Blickensderfer is knowledgeable in recent bankruptcy laws and may offer assistance as you face this hardship.
Although filing for bankruptcy remains on one’s credit history for up to 10 years, the credit score may go up as much as 100 points as shortly as a year later.
Think quick, call Blick. 813-931-0840.