A Creditor Making You Bankrupt
Your creditors can present a creditor’s petition if you owe them an unsecured debt of over £5,000. This may be the sum of two or more debts which total over £5,000. There might be different petitioning creditors on the same petition for different debts you owe.
Once bankruptcy proceedings have started, you must co-operate fully even if it’s a creditor’s petition and you dispute their claim. If possible you should try to reach a settlement before the petition’s due to be heard – doing it later can be difficult and expensive.
Do I Still Have To Pay My Student Loan
Yes. It used to be possible to declare yourself bankrupt after university, and get your student loan written off several hundred people actually did this.
But the loophole was closed, and your student loan will come out of the other side of the bankruptcy with you. If you’re earning over £19,895/year while bankrupt, then you’ll need to make your normal student loan repayments.
Criminal/penal Caseosb No: 31
The bankrupt had applied for credit cards and personal lines of credit from a number of institutions, giving false information regarding his employment status and earnings. Through these credit sources, he obtained cash advances and did not repay them. He also bought items on retail credit and resold them without paying for them. He said he used the money for gambling, but revealed that he made large payments to family and friends. When he filed for bankruptcy, he reportedly owed about $265,000 and held assets of $4,600.
Summary of offences of the bankruptFootnote 3
- Bankrupt obtained credit or property by making false representations.
- Bankrupt disposed of property obtained on credit and not paid for.
The bankrupt pleaded guilty to six counts under the BIA and was sentenced to two concurrent conditional prison sentences of 12 months to be served as follows: The bankrupt will be subject to house arrest and electronic monitoring for the first six months and an imposed curfew for the remaining six months. He was also ordered to repay $145,757.76 to his creditors.
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You Can’t Get Rid Of Credit Card Debt Incurred Due To Fraud
Sometimes the creditor can challenge the discharge of your credit card debt. If successful, the court will not discharge the debt, and you’ll remain responsible for paying for it after your case ends. Here are a few common situations:
- You made a false statement on your credit card application to deceive the creditor that was “material” to the credit card issuer’s decision to extend credit to you. For example, you grossly inflated your income.
- You charged more than $725 to any single creditor for luxury goods or services within 90 days of your bankruptcy filing. In this situation, the law presumes that your intent was fraudulent.
- You got a cash advance from a single creditor totaling more than $1,000 within 70 days of your bankruptcy filing.
Bankruptcy Calculator To Help Compare Your Options
Before you file bankruptcy, it is wise to explore all the options to deal with student loans, medical bills and credit cards. Each debt relief option such as Chapter 7 bankruptcy, Chapter 13 bankruptcy, debt settlement, debt management, and debt payoff planning have different costs, nuances and pros and cons to consider. The calculator provides the following:
Ascend provides information about bankruptcy for individuals who are struggling to pay debts they cannot afford to pay. Through our blogs, bankruptcy guides, and bankruptcy articles, we give you information about the various bankruptcy chapters and debt relief options available to you. If you need a bankruptcy lawyer, we can help you find a bankruptcy attorney near you. If you have questions, contact Ascend online or by calling 833-272-3631 to speak with a representative.
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Filing Bankruptcy On Credit Cards Only
Filing bankruptcy just to eliminate credit card debt is not practical for one reason: You must include all debts when you file bankruptcy. Thats true whether youre filing Chapter 7 or Chapter 13.
So, if you had no other debts, there are better options for paying off , like debt management or debt settlement programs, that wouldnt be as drastic or have as much negative impact as bankruptcy.
Debts Never Discharged In Bankruptcy
While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you so that you can move on with your life, not all debts are eligible for discharge.
The U.S. Bankruptcy Code lists 19 different categories of debts that cannot be discharged in Chapter 7, Chapter 13, or Chapter 12 . While the specifics vary somewhat among the different chapters, the most common examples of non-dischargeable debts are:
- Alimony and child support.
- Certain unpaid taxes, such as tax liens. However, some federal, state, and local taxes may be eligible for discharge if they date back several years.
- Debts for willful and malicious injury to another person or property. âWillful and maliciousâ here means deliberate and without just cause. In Chapter 13 bankruptcy, this applies only to injury to people debts for property damage may be discharged.
- Debts for death or personal injury caused by the debtorâs operation of a motor vehicle while intoxicated from alcohol or impaired by other substances.
- Debts that you failed to list in your bankruptcy filing.
How To Recover From Bankruptcy
To rebound from bankruptcy and rebuild your credit, experts suggest obtaining a secured credit card. You apply for a secured credit card the same way you do with a traditional credit card. But in order to get a secured credit card, you must make a refundable security deposit upfront. Thats not required for a traditional credit card. The deposit guarantees the amount of credit that the card issuer will give you.
Most issuers of secured credit cards report your payment activity to credit bureaus. So, positive payment activity can boost your standing in the eyes of credit card issuers and other lenders. Once you establish a solid history with a secured card, you may be able to graduate to a traditional unsecured card and get your credit back on track even more..
Rebuilding Credit After Bankruptcy
- Until youre discharged from your bankruptcy, you will be unable legally to borrow more than £500 from any lender
- Once youre discharged, theres no legal limit on the amount you can borrow, but you may still be seen as a credit risk by lenders.
- You might find it difficult to get accepted for loans, credit cards and overdrafts for the six years that the bankruptcy is visible on your credit file.
- Some lenders will refuse to lend to you altogether
- Before you apply for any form of credit after bankruptcy, you should make sure your discharge has been included on your credit report
- You should also check your credit report for any mistakes and get these corrected by telling the relevant credit referencing agency to get them corrected.
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I Have A Pension Will This Be Affected
An IVA has no impact on your state pension, but any private pension that you have may be affected. In some cases creditors may ask you to stop making contributions over the period and add the amount to your monthly IVA payment instead.
Not all pension schemes will allow you to freeze your payments, but if yours does allow it, you may have to. You won’t be asked to release any pension you’ve already saved.
Things To Consider Surrendering Of Secured Assets
When you claim bankruptcy, you must surrender your assets, such as your home or your vehicle. This might not make sense if youve built up a fair amount of equity. For example, if you have $200,000 of net worth in your home, it doesnt make sense to give it up. Instead of filing for bankruptcy, youre likely better off with a consumer proposal, which allows you to hold on to your assets.
An exception to this would be if you did not have sufficient equity in your home or your car. There is an allowable amount of equity by which you can maintain these assets, but it varies slightly in each province. For example, if you are the sole owner of a home in Manitoba, you are only permitted to hold onto $2500 of equity in the property. If you own a car in Alberta, the maximum value, or equity, is $5000.
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Can You File Bankruptcy On Credit Cards Only
According to the CNBC, 43 percent of card holders carry a balance each month, and the Federal Reserve reports that outstanding card debt hit a record $1.023 trillion in November 2017. Rising credit card debt is a leading reason why Americans get into a financial hole and wind up being threatened with foreclosure on their homes.
If you have reached the point where your credit card and other debt have become overwhelming, filing for bankruptcy may be your best option. Bankruptcy, a legal way to have many debts forgiven, can eliminate credit card and other unsecured debt, and may still allow you to keep your home.
Should You File Bankruptcy
The next question that needs to be answered is does it make sense to file bankruptcy or a consumer proposal in order to stop the lawsuit? This may be much more complicated.
If you are like most people that are sued for an unpaid bill, you probably have more than just this one bill that you have fallen behind on. Depending on the total amount that you owe and your personal situation filing for bankruptcy may make sense. Alternatively, a they are certainly worth consideration.
If the debt you are being sued for is your only debt then the decision to file bankruptcy may be more difficult. It is possible for a creditor to make your bankruptcy much more complicated, lengthy and therefore expensive. When there is only one creditor involved this is much more likely.
If you are being threatened with a lawsuit for an unpaid debt then it makes sense for you to contact a bankruptcy trustee to review your situation and options. A trustee is not a lawyer so they cant assist you with the lawsuit, but they can explain the process in greater detail and help you understand how bankruptcy might help you deal with the problem.
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Are Credit Cards Always Dischargeable In Bankruptcy Court
There are instances in which credit card debt might not be dischargeable in bankruptcy. For example, if you use your credit card to pay off tax debts, alimony, child support, or other non-dischargeable debts, you cannot discharge that amount of credit card debt. In other words, you cannot transfer non-dischargeable debts to a credit card so that you can get rid of those debts by filing bankruptcy.
Also, recent charges to credit cards are not eligible for a bankruptcy discharge. Charges to your credit cards for luxury items or services of $725 on a single credit card within 90 days before filing bankruptcy are presumed fraudulent. Luxury items and services are things that are not necessary for the support of the debtor or the debtors dependents.
Therefore, if the credit card company files an adversary proceeding , the debt may not be dischargeable. The debtor would need to prove he did not commit fraud to get rid of the credit card debt. Likewise, cash advances of $1,000 or more during 70 days before filing bankruptcy are also presumed fraudulent. If the credit card company files an adversary proceeding, the debtor could owe that money even though the debtor filed for bankruptcy relief. It is generally best to stop using all credit cards as soon as you decide to file for bankruptcy relief. If you have substantial credit card use within the past three months, talk to a bankruptcy lawyer about the timing of your bankruptcy filing.
Your Public Records On Annulment
Youll need to check the details of the bankruptcy are removed from your credit record. If an IVA has been agreed, this will be put on your file.
You will need to apply to both Land Charges and Land Registry to have your bankruptcy entry removed from any properties you still own after paying your debts. If you dont, the entries will remain for 5 years.
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Could Anything Prevent Me From Being Discharged
It is possible that your discharge could be opposed by a creditor, an LIT or the Superintendent of Bankruptcy. Generally, a bankruptcy discharge is opposed when the debtor has not fulfilled the requirements of the bankruptcy process. This might be due to:
- Not making the required monthly payments
- Failing to attend two mandatory credit counselling sessions
- Committing an offence related to the bankruptcy claim
There are a few other reasons why a bankruptcy claim could be opposed. For instance, if the bankruptcy was caused by gambling or if a creditor suspects fraudulent activity, it could be opposed by the creditor.
If the bankruptcy discharge was opposed, the debtor would have to attend a court hearing to determine the conditions they would need to fulfil in order to be discharged from bankruptcy.
Criminal/penal Case Court Nos: 500
Following his separation, a man sold his house and spent the $85,000 in equity at the casino. His credit-card debts went from $1,500 to more than $137,000 in nine months. Among other things, he purchased construction materials, furniture and electrical appliances. At the time of his bankruptcy, he had no assets. He attributed his bankruptcy to his separation and gambling.
Summary of offences of the bankruptFootnote 2
- Bankrupt used deceit, falsehood or other fraudulent means to defraud various credit-card companies of different amounts of money.
The bankrupt was found guilty of 14 counts of fraud. He was sentenced to 12 months, to be served in the community, with the following conditions:
- remain at home 24 hours a day for the first four months, and between 11:00 p.m. and 7:00 a.m. for the next eight months
- refrain from going to casinos
- perform 150 hours of community service within eight months.
In addition, 12 months of probation and prohibition against going to casinos will begin at the end of the sentence.
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How Does Bankruptcy Work
There are two types of bankruptcies for consumers: Chapter 7 and Chapter 13. Under Chapter 7 bankruptcy, the court typically requires that you sell off some of your assets and pay off what debt you can, with the remainder discharged.
Chapter 13 bankruptcy, in contrast, allows you to keep your property but requires you to repay all or a portion of your debt over a three- or five-year period. Once you’ve completed the repayment plan, any remaining balances included in the bankruptcy are discharged.
With both types of bankruptcy, most forms of unsecured debt can be discharged, including credit card debt. Others types of dischargeable debt include medical bills, utility bills, judgments, certain tax debts and more. In most cases, though, you won’t be able to discharge a mortgage loan, student loans, child support and alimony, among others.
Bankruptcy is a last-resort option, and it’s important to consider other options and pay off your credit card debt in other ways first.
How Can I Avoid Creditor Challenges
First, there is no rule about how long you will have to wait after making large purchases. In general, however, the longer the time between using the card and filing for bankruptcy, the better. If you use the card when youre in financial distress, the court may decide that you knew you wouldnt be able to repay it. Try to avoid using your card for at least 90 days before filing for bankruptcy.
If a creditor does try to prevent you from discharging your credit card debt in bankruptcy, you may be able to settle with the credit card issuer out of court. Lawsuits are expensive and time-consuming, and the credit card issuer doesnt want to go through the hassle of a trial any more than you do.
And even if the suit goes to trial, you can still win. Bring documentation showing that you thought you would be able to repay the debt.
Can Bankruptcy Stop Credit Card Collections
Bankruptcy CAN stop collection attempts from credit card companies that include lawsuits or other forms of legal action. Theautomatic stay offers protection from collection attempts and stays in place until your case is completed. The stay goes into effect when you file bankruptcy, either Chapter 7 or Chapter 13 .
What Bankruptcy Can’t Do
Bankruptcy doesn’t cure all debt problems. Here’s what it can’t do for you.
Prevent a secured creditor from foreclosing or repossessing property you can’t afford. A bankruptcy discharge eliminates debts, but it doesn’t eliminate liens. A lien allows the lender to take property, sell it at auction, and apply the proceeds to a loan balance. The lien stays on the property until the debt gets paid. If you have a secured debta debt where the creditor has a lien on your propertybankruptcy can eliminate your obligation to pay the debt. However, it won’t take the lien off the propertythe creditor can still recover the collateral. For example, if you file for Chapter 7, you can wipe out a home mortgage. But the lender’s lien will remain on the home. As long as the mortgage remains unpaid, the lender can exercise its lien rights to foreclose on the house once the automatic stay lifts.
Eliminate child support and alimony obligations. Child support and alimony obligations survive bankruptcy, so you’ll continue to owe these debts in full, just as if you had never filed for bankruptcy. And if you use Chapter 13, you’ll have to pay these debts in full through your plan.
Eliminate most tax debts. Eliminating tax debt in bankruptcy isn’t easy, but it’s sometimes possible for older unpaid tax debts. Learn what’s needed to eliminate tax debts in bankruptcy.
Eliminate other nondischargeable debts. The following debts aren’t dischargeable under either chapter:
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