A Chapter 7 bankruptcy, otherwise known as a liquidation bankruptcy, wipes out debt completely and appeals to many who cannot afford to pay their bills. But what about people who have non-exempt property that they do not want to give up? Chapter 13 is a reorganization bankruptcy and offers an opportunity for debtors to keep their property by agreeing to make monthly payments toward their debt over the course of three to five years. Chapter 13 bankruptcies may allow you to restructure your … [Read more...]
Medical Bankruptcy on the Rise
The leading cause of bankruptcy is not overspending, nor lack of adequate financial planning, but the financial free fall caused by a health crisis. Despite recent advances in the health care policy, American households continue to struggle with medical debt, and it’s only getting worse. Americans are putting more of their take-home pay toward medical costs than ever before and, oftentimes, are not keeping up. Medical debt collected by third-party collections agencies is roughly three times as … [Read more...]
The Difference Between Chapter 7 and Chapter 13 Bankruptcy Illinois
Chapter 7 bankruptcy is what many think of as wiping the slate clean and getting a fresh start. This type of bankruptcy is a liquidation bankruptcy designed to erase general unsecured debts such as credit cards and medical bills. In order to qualify for Chapter 7, you must have little or no disposable income. When you file, a trustee is appointed to administer your case to review your bankruptcy papers, supporting documents, and to arrange the sell of your nonexempt property to pay back your … [Read more...]
Three times when Chapter 13 bankruptcy may be the better choice
If you fall into three situations, Chapter 13 may be a better fit for you. Individuals having financial problems have two types of bankruptcy to choose from-Chapter 7 and Chapter 13. Most people assume that Chapter 7 is the better fit for them, since it is filed more often. However, this is not always the case. In reality, there are three primary situations where filing Chapter 13 bankruptcy would potentially be a better fit. Foreclosure is imminent Most people that are at risk of … [Read more...]
Illinois Garnishments and Bankruptcy
In Illinois, a judgment creditor can obtain a court order to put in place a wage deduction from your earnings. This is commonly referred to as garnishment. This wage deduction takes a percentage of your wages, before you ever see them, and transfers them to your creditor. Wage Garnishment This wage deduction, or garnishment, can only be done where there is a valid judgment debt. In Illinois, the creditor then files an action in court to deduct the lesser of either 15 percent of your gross … [Read more...]
The short sale. Everyone has heard the term, but not everyone really understands it.
Some people think it has to do with the time necessary to complete the sale process, assuming that a short sale only takes a short period of time. In reality, though, short sales often take much longer to complete than traditional sales. The term short sale actually refers to the amount of money the bank or mortgage lender is willing to accept to allow the property to be transferred to a new owner. In layman terms, the bank is willing to short themselves, taking less than the mortgage value … [Read more...]
How to bounce back after bankruptcy
Having financial problems can be like a dark cloud over your head. For many people, filing for bankruptcy gives them much needed relief from mounting debt that they cannot pay, as well as peace of mind. But this piece of mind comes at a price, and before making the decision to file for bankruptcy, you should be aware of the ramifications that it will have on your finances and credit. For example, a bankruptcy will show up on your credit report for several years and can negatively affect your … [Read more...]
Medical debt one of the leading causes of bankruptcy across America
Most people assume that a serious illness or injury won\t happen to them, or, if it does, their health insurance coverage will take care of the expenses. Sometimes that is true. Other times, though, faith in health insurance is misguided. Consider this: the majority (up to 75 percent, by some estimates) of people seeking bankruptcy protection because of unmanageable medical debt has insurance. Furthermore, out-of-control medical expenses directly or indirectly contribute to more than 60 percent … [Read more...]
Bankruptcy myths prevent some from filing
Our economy is slowly beginning to rebound, but the most recent recession has had a severe impact on the financial health of many individuals. A lot of people were out of work for a significant amount of time, draining any financial resources that they may have set aside. Home values plummeted, trapping many people into mortgages for way more that their homes would ever be worth. Some may have relied upon credit cards to get them through the difficult times. Others may have taken out home … [Read more...]
It’s been 8 years since major changes were made to the Bankruptcy Code. People who filed in 2005 are eligible to file again.
In 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act, changing the qualifications and procedure for filing bankruptcy. Some claimed that too many people were abusing the protections that bankruptcy offered those who file, so the laws needed to be tougher. Many people who were struggling financially hurried to file before the new law went into effect in October 2005, as they were unsure how the new law would impact their eligibility to file. October 2013 was the … [Read more...]