Verifying Your Income And Household Budget
You will be required to present your paystubs or other proof of income to your trustee so she can verify your monthly income. This is necessary so that she can calculate your monthly surplus income obligation, if any. You will also be required to present to your trustee monthly income and expense reports so she can verify that you are living within your means.
Will My Canadian Student Loans Go Away If I Declare Bankruptcy
If you were a student, either part-time or full-time, less than seven years from the date that you declared bankruptcy, you will have to repay your student loan debt, including the interest charges. Check with Canada Student Loans to learn what they consider to be the last official date you were in school.
If your official last day is under seven years ago, you may still be able to get your student loan debts discharged. You can retain a lawyer and make an application to the court.
You must meet the following requirements:
- You have been out of school for a minimum of five years
- You acted in good faith with regard to the liabilities under the loan
- You have and will continue to experience financial difficulty to such an extent that you will be unable to pay the liabilities under the loan
What Happens When You Declare Personal Bankruptcy
Despite what many experts predicted, as of August 2020, the number of people declaring personal bankruptcy actually stayed 2030% below the previous years levels for Chapter 7 filings and 5565% lower for Chapter 13 filings. This is surprising considering that the U.S. is experiencing unemployment levels unseen since the Great Depression. This isnt your typical recession. Multiple stimulus packages have likely helped the unemployed stave off bankruptcy. So have other policies, like local and state governments halting foreclosures and evictions. But Americans arent out of the woods yet. Its important to know exactly what happens when you declare personal bankruptcy.
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How Bad Is Declaring Bankruptcy
When you go bankrupt, it impacts your credit report very negatively, and may be an indication of the poor credit standing youre likely to have. It may become harder for creditors to extend credit to you or to provide you a deal that is lower in interest rates or lower in favorable terms, since you would have a bankruptcy on your credit file.
What Happens To Your Information
Any previous name included in the bankruptcy petition will appear on the bankruptcy order, and in the:
- notice of your bankruptcy, which is permanently recorded in the Gazette but excluded from search engine results one year and three months after publication
- Individual Insolvency Register which will be removed within three months of your discharge
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Can I Open A New Bank Account After Going Bankrupt
You will not be alone in creating a new bank account. In fact, 150,000 people will become insolvent this year and almost all of them will need a new bank account. If you decide to open a bank account, this would depend on the bank rules and agreement, because some banks will allow a second chance to a person who went to bankrupt, while others wont.
When you do create a new bank account, it is important that you always when completing any forms. You must be absolutely truthful on your bankruptcy forms as you will swear to them and could be found guilty of perjury. Bankruptcy is a matter of public record, advertised in local newspapers and on the internet. Therefore it is almost certain that any bank you try to bank with in the future will find out about your situation.
The Individual Insolvency Register On Annulment
Once notice of the annulment is received your bankruptcy will be removed from the Individual Insolvency Register after:
- 28 days if the bankruptcy order should not have been made
- 3 months if the debts were paid in full or an IVA has been agreed
If an IVA has been agreed, details of this will appear on the register.
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Seek Qualified Legal Advice
If you are considering filing bankruptcy or are planning to, the best thing you can do is obtain legal counsel. Though it is possible to file without a lawyer, debtors should use a lawyer because filing bankruptcy can have long-term financial and legal ramifications. Mistakes in the process or a misunderstanding of the law can impact your rights and obligations. And the law prohibits court employees and bankruptcy judges from offering legal advice. A lawyer can help you navigate the sometimes-rocky landscape of filing bankruptcy.
What About Bankruptcy Exemptions
When someone files for bankruptcy, the issue of exemptions becomes critically important. Its also one of the more complicated aspects of bankruptcy law.
Under Chapter 7, exemptions mean the debtor is entitled to keep some of the proceeds of the sale of certain assets . They may even be able to keep the assets from being sold altogether. Under California state law, generous exemptions mean that most bankruptcy cases are settled with no sale of assets.
Exemptions work differently in Chapter 13 cases but are still very important because theyll help determine what portion of the debt must be repaid.
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Should I Declare Bankruptcy Or Walk Away From My Debt
Defaulting on a loan and filing for bankruptcy are not opposite choices. In fact, Fleischman recommends defaulting on a loan before filing for bankruptcy. If you havent defaulted, it might indicate that you havent given yourself enough time to allow your financial situation to improve.
If you default, filing for bankruptcy can protect your assets from being seized by creditors. It can also protect you from having future wages or an inheritance garnished. Bankruptcy is useful not only for protecting what you have but also for protecting your future, Fleischman says.
Bankruptcy & Income Payments Agreements And Orders
One of the purposes of bankruptcy is that your creditors receive at least some of what theyre owed if possible.
Since a bankruptcy order means that most, if not all, of the payments you make to creditors will stop, you may well have more income than you need for your living expenses.
This could result in you asking to make payments towards your debts through an Income Payments Agreement .
If you refuse, the court may issue an Income Payments Order .
An IPA usually means you make regular, monthly payments towards your debts, although you may also pay a one-off lump sum. They normally last for three years, some extend beyond the usual length of a bankruptcy, but you dont have to go to court to agree one.
IPAs usually require you to pay a minimum of £20 per month towards your debts based on your disposable income and can be increased/decreased if your circumstances change.
If your sole income is from benefits, you wont be asked for an IPA.
If you dont agree to an IPA, the bankruptcy trustee may decide to apply to the courts for an IPO, forcing you to pay.
If you want to oppose the IPO, you will need to go to a court hearing and provide your reasons for opposing.
If your circumstances change, e.g. your income goes up or down, you lose your job or you receive an inheritance, you need to tell the bankruptcy trustee. The Trustee will decide whether to change the amount you pay or even suspend payments altogether.
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S In Development Of The Plan:
- The debtor company develops a plan with committees.
- Company prepares a disclosure statement and reorganization plan and files it with the court.
- SEC reviews the disclosure statement to be sure it’s complete.
- Court confirms the plan, and
- Company carries out the plan by distributing the securities or payments called for by the plan.
Explore Your Bankruptcy Options
Get the financial relief you are entitled to by filing for bankruptcy protection. Our team represents individuals and small business owners in Chapter 7 and Chapter 13 bankruptcy cases. We can also provide help filing for Chapter 11 reorganization bankruptcy and Chapter 12 bankruptcy for family farmers and fishermen.
We can help you through the petition and filing process. We can help you retain your assets when you choose Chapter 7 bankruptcy. We can even help you restructure financial debt through other bankruptcy filings with complex financial structures or extremely large debt loads. Call Farmer & Morris Law, PLLC, at to speak to a member of our client intake team and learn what happens if you declare bankruptcy today.
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Determine What Chapter To File Under
After deciding that you need to file bankruptcy, you and your lawyer can determine what chapter of bankruptcy to file under. As mentioned earlier, if youre declaring personal bankruptcy you will typically file under chapters 7 or 13. This decision depends primarily, but not exclusively, on several considerations, including how much debt you have, your income, and whether you have an asset that you owe money on but want to try to protect.
In a chapter 7 bankruptcy, the trustee collects and then sells a debtors nonexempt assets and uses the resulting proceeds to pay off creditors. Some of a debtors property may be subject to liens or mortgages that still have to be paid or the property surrendered.
Chapter 13 allows for an adjustment of the debt for an individual with a regular income. This way, the debtor can pay the debt over time, usually three to five years, depending on the debtors eligibility. The debtor and his/her lawyer construct a plan for repayment. The debtor makes payments to the trustee, who then distributes the funds to the creditors. This is ideal for a debtor who wants to protect any assets that they owe on, like a home or car. When the debtor makes all the payments required, any debt remaining at the end of that designated period is discharged. If the debtors income is above a certain median, they must file a chapter 13.
What Happens After I File For Bankruptcy
After you complete the process for filing personal bankruptcy, there is an immediate stay of proceedings. This part of the process protects you from unsecured creditors trying to begin or continue any legal actions against you, such as wage garnishees, lawsuits, or any type of contact with you to collect a debt. Within five days, your trustee will send a copy of the bankruptcy paperwork to all creditors so they can begin the process of filing a claim. Your trustee will also file any outstanding tax returns up until the date of bankruptcy. Any outstanding balances or penalties will be included. After your personal bankruptcy paperwork is complete, you will have obligations such as providing monthly income statements and attending credit counseling sessions. When your bankruptcy is discharged, your debts will be canceled. It is important to understand that there may be minor exceptions to the debt cancellations. A note about your bankruptcy will remain on your credit report for a minimum of 6 years after the date of discharge. Once your debts are canceled, usually 9 months after filing, you can begin rebuilding your credit.
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What Happens After A Year
When you’re discharged from bankruptcy – usually after a year – you’re freed from any debts that were included in your bankruptcy. The worst is over.
Although you’re now debt-free there are some, like student loans, which you still have to pay.
If your home has been taken from you but hasn’t been sold or an alternative agreement worked out after three years, it might be given back to you.
When To Declare Bankruptcy
When to declare bankruptcy depends on the circumstances and the specific timing for a person . If you think about the most common examples of companies filing, there is typically an event or a lawsuit that causes a company to file bankruptcy.
One recent example is the many lawsuits brought against the Boy Scouts organization causing them to . For most people, bankruptcy is the best option after a hospital stay leads to debt that cannot be repaid. The same is true after a job loss or an illness that leads to high credit card bills.
From a timing standpoint, it makes sense to wait for the worst to be over before filing bankruptcy. For example, for a person that had to go to the hospital and later ends up with a pile of medical bills, its best to wait for the last medical bill to arrive before filing.
Sometimes it is impossible to wait out the pressure from the collection calls. It is VERY stressful to have people calling all the time and making harassing comments or threats about pending legal action or intimidating steps like foreclosure or repossession of vehicles. Bankruptcy stops the calls and relieves the pressure when it gets to be too much for a person to handle.
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Types Of Personal Bankruptcy
In the case of individuals, as opposed to businesses, there are two common forms of bankruptcy: Chapter 7 and Chapter 13. Here is a brief description of how each type works:
Chapter 7. This type of bankruptcy essentially liquidates your assets in order to pay your creditors. Some assetstypically including part of the equity in your home and automobile, personal items, clothing, tools needed for your employment, pensions, Social Security, and any other public benefitsare exempt, meaning you get to keep them.
But your remaining, non-exempt assets will be sold off by a trustee appointed by the bankruptcy court and the proceeds will then be distributed to your creditors. Non-exempt assets may include property , recreational vehicles, boats, a second car or truck, collectibles or other valuable items, bank accounts, and investment accounts.
At the end of the process, most of your debts will be discharged and you will no longer be under any obligation to repay them. However, certain debts, like student loans, child support, and taxes, cannot be discharged. Chapter 7 is generally chosen by individuals with lower income and few assets. Your eligibility for it is also subject to a means test, as explained bellow.
Keep Track Of Your Credit During The Process
Because declaring bankruptcy can affect your credit history and ability to do certain things in the future, it’s important to monitor your credit scores during the process and as you work on recovering from the ordeal.
As you do so, watch how certain actions affect your credit scores and look out for potential errors and negative information that might influence your score negatively. If you do find something that doesn’t belong on your credit report, dispute it with the credit reporting agencies.
As you keep track of your credit score during and after bankruptcy, you’ll learn better how to improve it over time and keep it in a good place going forward.
Want to instantly increase your credit score? Experian Boost helps by giving you credit for the utility and mobile phone bills you’re already paying. Until now, those payments did not positively impact your score.
This service is completely free and can boost your credit scores fast by using your own positive payment history. It can also help those with poor or limited credit situations. Other services such as credit repair may cost you up to thousands and only help remove inaccuracies from your credit report.
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Bankruptcy In The United States
Like the economy, bankruptcy filings in the U.S. rise and fall. In fact, they are like dance partners where one goes, the other usually follows.
Bankruptcy peaked with just more than two million filings in 2005. That is the same year the Bankruptcy Abuse Prevention and Consumer Protection Act was passed. That law was meant to stem the tide of consumers and businesses too eager to simply walk away from their debts.
The number of filings dropped 70% in 2006, but then the Great Recession brought the economy to its knees and bankruptcy filings spiked to 1.6 million in 2010. They retreated again as the economy improved, but the COVID-19 pandemic easily could reverse the trend in 2021. It seems inevitable that many individuals and small businesses will declare bankruptcy.
What Next After Filing For Bankruptcy In Canada
Once you receive a Notice of Discharge from your Trustee, your bankruptcy is complete. It is at this point that you turn over a new page and start to rebuild your credit.
That said, a notation on your bankruptcy will remain on your credit report after your discharge, and this notation stays for six years before its removed. Nonetheless, its still possible to get credit from special lenders despite the reminder on your credit bureau report.
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How Long Does Bankruptcy Last
Bankruptcy lasts approximately 9 months, provided that it is your first bankruptcy and you complete all of the duties assigned to you. Your bankruptcy may last up to 21 months if you have to pay surplus income, which is calculated according to standards established by the Office of the Superintendent of Bankruptcy Canada and coordinated by your trustee after examining your income, expenses, and dependents in your household.
If it is your second bankruptcy, you will be bankrupt for 24 or 36 months. If you have been bankrupt more than once previously, have not complied with your duties, or have committed one or more bankruptcy offences, your bankruptcy timeline will be determined by the court.
After you have received an Absolute Discharge from your bankruptcy, you will no longer be responsible for any of the discharged debts. However, the fact that you filed a bankruptcy will appear on your credit rating for 6 to 7 years, depending on the province you live in.
