Obtain Your Credit Reports And Complete Credit Counseling
The next step is to obtain from all three credit bureaus. You’ll need all three reports because creditors don’t typically report to every bureau. If you fail to report a debt, it won’t be discharged in bankruptcy.
Next, you’ll have to complete a . The U.S. Trustee Program has a list of approved credit education agencies on its site.
How Fast Do You Get Relief In A Chapter 7 Bankruptcy In California
You can often get a Chapter 7 bankruptcy discharge in as little as 120 days in California. That is the typical time it takes to complete a no-asset Chapter 7 case in California. No-asset generally means that you do not own a home or other assets that may be above the California bankruptcy exemptions.
How To File Columbus Chapter 7 Bankruptcy
Speaking with a Columbus Chapter 7 bankruptcy lawyer will help you understand whether this is an option for you and what you can expect if you go all the way through the process. The first step involves you, as the debtor, filing a petition with a federal bankruptcy court. The district court in Columbus handles bankruptcies, as do the courts in Akron, Cincinnati, Cleveland, Dayton, Toledo, and Youngstown.
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Obtain A Debt Consolidation Loan
While you are left to pay off the loan itself, your creditor will be paid off.If you have enough money, you can consolidate your debts with a second mortgage or home equity line of credit.If you choose to take out a second mortgage or home equity loan, you will need to use your home as a security.You could lose your home if you dont make the required payments.
What Are The Time Limits
The type of bankruptcy filed in the previous case determines the time limit between cases. The time starts to run on the date the prior case is filed with the bankruptcy court. The date the discharge was entered doesnât matter.
Chapter 7 bankruptcy â¡ï¸ Chapter 7 bankruptcy: 8 years
This is the longest amount of time between cases required by the Bankruptcy Code. Chapter 7 provides the quickest form of debt relief through a bankruptcy filing and doesnât require the filer to complete a repayment plan before getting their bankruptcy discharge.
Chapter 7 bankruptcy â¡ï¸ Chapter 13 bankruptcy: 4 years
It is possible to file Chapter 13 bankruptcy soon after receiving a Chapter 7 discharge, the filer just wonât be eligible to receive a Chapter 13 discharge in the second case. So, someone who successfully discharges their unsecured debts through Chapter 7 can file a Chapter 13 bankruptcy to pay off tax debts or other types of debt that survived the prior case.
Chapter 13 bankruptcy â¡ï¸ Chapter 7 bankruptcy: 6 years
This waiting period can be waived if you paid back 100% to your unsecured creditors in your Chapter 13 plan and the original case was found to be in good faith. Plus, since a Chapter 13 repayment plan can take up to 5 years to complete before resulting in a discharge, itâs possible to file Chapter 7 bankruptcy about 1 year after receiving a Chapter 13 discharge.
Chapter 13 bankruptcy â¡ï¸ Chapter 13 bankruptcy: 2 years
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Complete The Bankruptcy Petition
Should you choose to file bankruptcy without a lawyer, the most complicated, and time-consuming task is usually filling out the official bankruptcy forms. You can access the bankruptcy forms online to save time. The packages are reasonably priced and include all the local forms required to file for bankruptcy in your state.
Once you have completed the files for bankruptcy, attach the necessary documents, and send the paperwork in person, or by mail, along with the filing fee. You must reply to any communication from the bankruptcy trustee as soon as possible. Failure to do so may result in the dismissal of your case.
How Often Can You File Bankruptcy
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In a Nutshell
You can file more than one bankruptcy in a lifetime. How many times depends on how long it’s been since your last bankruptcy case and what type of bankruptcy you filed. We’ll break it down for you.
Written by Attorney Andrea Wimmer.
Have you filed bankruptcy in the past but are faced with a financial situation that you canât resolve despite your best efforts? If youâre facing a possible wage garnishment due to unexpected medical bills, unpaid tax debts, or any other type of debt youâre no longer able to pay, you can ask the court for bankruptcy protection a second time.
Know that youâre not alone. A 2006 paper on a found that 8% of bankruptcy filers end up filing bankruptcy again. The 2005 changes to the Bankruptcy Code, intended to reduce overall filings, have not had much of an impact on this number.
Bankruptcy is a legal way for individuals who can no longer afford to pay their debts to get permanent debt relief through a bankruptcy discharge. The Bankruptcy Code provides for three types of consumer bankruptcies known as Chapter 7 bankruptcy, Chapter 11 bankruptcy, and Chapter 13 bankruptcy.
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Which One Should I Choose
Chapter 7 is, by far, the more popular form because its cheaper, quicker and effective at relieving responsibility for debt if you qualify! And thats a big if. You must pass a means test, meaning your disposable income is under the median income in your state. If you dont qualify for Chapter 7, you can always fall back on Chapter 13.
What Are The Questions About Bankruptcy In Canada
The following groups of bankruptcy questions are listed in order of their popularity on this site. Questions are listed in order of popularity within groups. How Long Will I Be Bankrupt in Canada? How much will it cost to go bankrupt in Canada? Does Filing for Bankruptcy in Canada Affect My Spouse? What is a Consumer Proposal?
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Some Assets Should Be Protected From The Creditor
You will be able to protect basic assets when you file for bankruptcy.The property is exempt.There are two sets of exemptions in California.There are two sets of exemptions in the California Code of Civil Procedure.Some of the exemptions include: homes and other dwellings, personal property, insurance, and pensions.
If You Need To File Chapter 13 Bankruptcy
There are many reasons to file a Chapter 13 bankruptcy instead of Chapter 7. You might want to file a Chapter 13 bankruptcy because you wish to catch up on mortgage arrears, get rid of your second mortgage, cram down your car loans, or pay back nondischargeable priority debts, such as back taxes or support arrears. Or maybe you make too much money to qualify for a Chapter 7 bankruptcy. No matter your reason, most Chapter 13 cases are too difficult to file on your own.
In addition to filling out the bankruptcy forms , you must also design a proposed repayment plan, which is very difficult to do without the expensive software that most attorneys use. Specific actions such as stripping your second mortgage or cramming down a car loan will require filing additional bankruptcy motions and paperwork with the court.
As a result, some attorneys limit their bankruptcy practice to Chapter 7 because they feel they are not qualified to handle Chapter 13. And, an overwhelming majority of Chapter 13 cases filed without an attorney get dismissed by the court. So if you are planning to file a Chapter 13, it is a good idea to hire a qualified attorney.
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How To File Bankruptcy Without A Lawyer
When you want to file bankruptcy with a court, you must:
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What You Need To Know About Bankruptcy
Heres the deal on Bankruptcy. It is not the weapon it used to be, nor does bankruptcy cure all ills. The law changed in 2005 and in net effect, less people qualify now for bankruptcy. Taxes, student loans, and judgment liens are most times still there afterwards. That said, it is still, by far, the most effective debt relief tool available to many people.
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B Debt Settlement In California
Debt settlement can be less expensive than both Debt Management and Debt Payoff Planning because the debt management company is negotiating a lower amount on your total debt. We covered the pricing estimate differences in our article covering debt management vs debt settlement.
Where To Deduct Attorney Fees On Taxes
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How Does Bankruptcy Work In California
A common misconception many applicants believe is that filing for bankruptcy falls under California state law. This isnt true, as the process involves federal law and works by unwinding any contracts an individual might have with their creditors.
Such a process is what gives applicants a fresh start and frees them of their debt. However, Californias laws also come into play during this procedure. These state laws dictate the property individuals may keep after they file for bankruptcy in California. Such proceedings are covered under Title 11 of the Bankruptcy Code. Most cases are handled under three main chapters, which are Chapter 11, 7, and 13.
Chapter 13 Can Be Selected
You will be able to pay off your debts over a three to five year period if you file for Chapter 13 bankruptcy.You need a regular income that rises above a certain level to qualify.You will keep your property during Chapter 13 proceedings.There are limits to how much debt you can have and still qualify for these proceedings.
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When You’ll Need A Bankruptcy Attorney
It’s usually best for any bankruptcy filer to hire an attorney. That said, as discussed above, individuals can represent themselves in the right circumstances. It just depends on the case and the comfort level of the person.
You’re Filing for Chapter 13
Chapter 13 bankruptcy is a powerful financial tool that can allow you to:
- catch up on your missed mortgage or car loan payments
- eliminate unsecured junior liens from your home through lien stripping, or
- reduce the principal balance or interest rate on your car loan with a cramdown.
But Chapter 13 bankruptcy is considerably more complicated and labor-intensive than Chapter 7. If you want the court to confirm your Chapter 13 bankruptcy, you must propose a feasible repayment plan, which is challenging to do without legal knowledge and the software used by bankruptcy lawyers.
Further, if you wish to pay less on your house or car by stripping a second mortgage or cramming down a car loan, you’ll need to file a motion or adversary proceeding with the court, which also isn’t an easy task.
Learn more in Releasing Liens in Bankruptcy: Lien Avoidance.
You’re Filing a Complicated Chapter 7
Of course, if you don’t believe you can navigate the bankruptcy process, or if you aren’t comfortable with it, it’s probably best to hire a bankruptcy lawyer.
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Will A Bankruptcy Lawyer Increase My Chances Of A Good Outcome
Yes, yes and yes! Hiring a bankruptcy attorney in Escondido, CA and the nearby area may drastically increase the chances of you receiving a discharge in your particular matter.. For instance, it has been estimated that on average only 1 out of 25 people has their chapter 7 case dismissed or ordered to be converted to a chapter 13 case when they are represented by a bankruptcy lawyer. On the other hand, if you file on your own, you will face an approximately 30 percent risk of having your case dismissed or converted to chapter 13. Dont risk this adverse outcome. Come see the professionals at Chang & Diamond.
Whats more, based on the reports published by the U.S. Bankruptcy Court for the Central District of California, on average, 60% of Chapter 13 filers using an attorney manages to get a repayment plan confirmed. On the other hand, in the case of people who represent themselves, this number is significantly lower, usually amounting to only 2%.
Chang & Diamond, APC has a long history of providing legal representation in bankruptcy cases. Our hands-on experience with a wide variety of different filing types is what makes us stand out from the crowd. So, if you want to play it safe and avoid any unnecessary risks, you can fully rely on us to deliver excellent results and help you win the case.
Take A Debtor Education Course
Before the court will grant your bankruptcy discharge, you must complete a debtor education course from an approved provider. The purpose of this course is to help you learn how to manage your finances better and may include information about budgeting, interest rates, using credit cards and how you can begin to rebuild your credit for a successful financial future.
After the course is finished, youll file a form 423 and certificate showing that you completed the course. If you file for Chapter 7 bankruptcy, you must submit your certificate from this course no later than 45 days after the date of your meeting of creditors. You may even take the course before the meeting if you wish.
If you file for Chapter 13, you have until the date you make your last payment to submit your certificate from your debtor education course. However, taking the course early on can help you learn budgeting and money management skills that can benefit you throughout the repayment period.
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Your Creditors May Hold A Meeting
Sometimes, a meeting of creditors is required or requested. The purpose of this meeting is to
- allow creditors to obtain information about the bankruptcy
- confirm the appointment of the LIT
- appoint up to five inspectors to supervise the administration of your estate and
- allow creditors to give direction to the LIT.
If a meeting is called, you will be required to attend.
Meeting With Your Attorney
Its possible to file a bankruptcy without the help of an attorney, or pro se, but it rarely ends well. Bankruptcy is a complicated process and its difficult to navigate without an attorneys expertise.
Take your financial information to an experienced local bankruptcy attorney and discuss your situation. Your attorney can help you decide if bankruptcy is the right choice for you or if a different debt management strategy would be better for you. Finally, your attorney will determine if you qualify to file under Chapter 7. If not, youll need to file under Chapter 13.
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Getting A Lawyer To Help You With Your Bankruptcy
Bankruptcy is a specialized area of law that is very complex. And the issues are not always apparent or simple. The bankruptcy laws changed in October 2005 to discourage many people from filing for bankruptcy. So the law became more complicated. And there are more situations where a mistake can result in your case getting dismissed. If your case is dismissed, the bankruptcy court often imposes a penalty of 180 days before you can refile, and in this time period a lot can happen. This is why it is so important to have a lawyer advise you and help you with your bankruptcy.
Find a lawyer who can help you work through the issues, alternatives you may have, and consequences of your choices.
- Pick a lawyer with whom you are comfortable, one who will allow you to ask questions and give you responses that you can understand.
- Pick a lawyer who either specializes in bankruptcy or does a large part of his or her practice in the field.
- Ask questions until you understand what your choices are.
- Dont be afraid to interview a lawyer and leave without hiring him or her.
If you decide to represent yourself in bankruptcy court, read a guide for Filing for Bankruptcy Without an Attorney.
To find a good bankruptcy lawyer:
- Check state bar groups and specialization/certification programs for bankruptcy lawyers in your community.
- Ask other lawyers or tax preparers you know for recommendations.