Not surprisingly, keeping a car in a chapter 7 bankruptcy is a priority for many filers who depend on their car to get back and forth to work, take their children to school, or perform errands such as going to the grocery store - the day to day activities where a having a car is essential.. Fortunately, most states have a motor vehicle exemption under bankruptcy allowing filers to hold on to their car. In Illinois, cars and trucks worth up to $2,400 (or with that much equity) are exempt for … [Read more...]
Individual Bankruptcy and Joint Mortgages
Although spouses often file for bankruptcy jointly, there are situations where one spouse carries a much greater debt load and can no longer afford to make debt payments. Bankruptcy protection allows the spouse filing bankruptcy to liquidate or restructure individual debts if a couple does not wish to file jointly. Although one spouse may not be filing, the bankruptcy requires a computation of household income so the non-filing spouse will have to provide financial information as part of the … [Read more...]
Bankruptcy Protection for Individuals and Families Needing a Fresh Financial Start
Bankruptcy is a legal procedure to assist individuals and families experiencing financial difficulties. In a bankruptcy liquidation or Chapter 7, a filers nonexempt assets are sold and their creditors’ claims are paid with the available proceeds. After proceeds from the sale of assets are exhausted, most claims will be unpaid, however any remaining debt will be discharged (erased) at the conclusion of the Chapter 7 bankruptcy process allowing filers to start anew. For those who do not qualify … [Read more...]
Protecting a Cosignor or Gaurantor in a Bankruptcy
With adult children experiencing more difficulty obtaining a mortgage or qualifying to purchase of a vehicle, family members may decide to cosign or become the guarantor on a loan to help them get started. Creditors often require a cosigner or guarantor for first time borrowers or borrowers who have poor credit histories. The difference between the two is that the cosigner is equally responsible for the payment whereas a guarantor is liable only if the borrower fails to fulfill their … [Read more...]
Financial Troubles Prompt Bankruptcy Protection Questions
When someone gets into financial trouble they may have questions about bankruptcy protection, an important tool to restore financial health. There are two primary types of personal bankruptcy - chapter 7 and 13. For people with lower incomes, chapter 7 often results in a full discharge of unsecured debt on a short time line. A chapter 13, on the other hand, is a repayment plan where some of the debt is repaid over a 3 to 5 year period, at which point, remaining unsecured debt is … [Read more...]
Pause Extended on Student Loans
To the relief of many, the federal government recently extended the pause on student loan repayment, interest, and collections through August 31, 2022. The three month extension will provide additional time for borrowers to get ready for the resumption of their payments, thereby reducing the risk of delinquency and defaults in the future. Furthermore, the plan will allow all borrowers with paused accounts to start with a clean slate - existing delinquencies and defaults will be eliminated … [Read more...]
What is Pre-Bankruptcy Credit Counseling?
Before filing for bankruptcy, individuals are required to complete a pre-bankruptcy credit counseling course. Courses are designed to help filers understand the bankruptcy process, its lasting effects, and provide filers helpful tips on how to avoid financial risk in the future. When meeting with your bankruptcy attorney to evaluate your financial situation and potential eligibility for chapter 7 or chapter 13 bankruptcy, he or she will provide you with information regarding pre-filling … [Read more...]
Bankruptcy an Effective Strategy to Reach Financial Goals
Bankruptcy protection can be an effective strategy to solve a difficult financial situation. There are two primary types of personal bankruptcy - Chapter 7 and 13. For people with lower incomes, Chapter 7 often results in a full discharge of unsecured debt on a short time line. A chapter 13, on the other hand, is a repayment plan where some of the debt is repaid over a 3 to 5 year period. Although both Chapter 7 and 13 get rid of unsecured debt such as credit card debt and medical bills, … [Read more...]
Bankruptcy Protection Following an Illness or Injury
Unexpected events can easily affect someone’s well-being and financial stability. Although many have life insurance to protect their families, many Americans may not have a safety net in place in the event of an injury or illness that prevents them from earning income. Even those who are fortunate enough to have employer-sponsored disability benefits, such as group short term and long term disability insurance, often find it is not enough. The typical plan only covers 40 to 60 percent of an … [Read more...]
Debt Counseling Versus Bankruptcy Protection
Someone who is experiencing a difficult financial situation may not feel comfortable negotiating a payment plan with creditors or collection agencies. Some will turn to nonprofit or credit counseling agencies who function as a go between a borrower and creditors to come up with a plan to repay debts. A debt management program is not unlike a Chapter 13 bankruptcy, which also strives to set up an affordable repayment plan to eliminate debt. Although they are similar in some respects, Chapter … [Read more...]