Blogs
Most people who proceed with filing bankruptcy cases do so to have their debts eliminated and have a fresh start financially. The different types of bankruptcy can help with financial problems either through liquidation of assets (that could wipe out debts) or through a creditor payment plan (as approved by the bankruptcy court).
Declaring bankruptcy is difficult without legal help from the right people. While filing bankruptcy can indeed enable you to have several types of debt discharged, note that your student loan debt will likely not be part of the list.
Pursuant to bankruptcy laws, most of your unsecured debts (such as credit card debt, medical debt, and personal loan debt) would usually be discharged after bankruptcy. Generally, a bankruptcy case would not exempt a bankrupt individual from being asked to pay off his or her student loan debt. However, if you filed for bankruptcy with the help of a reliable bankruptcy lawyer, your student loan could likewise be considered as a discharged debt.
In a bankruptcy filing, the trustee will check if the filer is indeed making payments for certain debts that the latter must pay back first. Part of the responsibilities of your bankruptcy trustee is to ensure that you pay all your priority debts (child support, alimony, criminal fines or penalties, or certain tax debt) first.
Even if student loans are considered as non-priority debts, discharging them through either a Bankruptcy Chapter 7 or 13 will require you to first prove undue hardship.
The specifics of bankruptcy rules could vary from court to court, and so do the criteria to determine undue hardship. The place where you filed for bankruptcy can be a major factor. Most bankruptcy cases, however, would likely involve two tests: the Brunner Test and the Totality of the Circumstances Test. These can be explained in more detail by credible bankruptcy lawyers.
Under the Brunner Test, student loan debts may be included in a bankruptcy petition if poverty, persistence, and good faith can be proven.
Poverty refers to how student loan debt repayment will affect your ability to maintain a minimal standard of living, as determined by your monthly income vis-a-vis living expenses. Persistence, meanwhile, refers to how your financial situation will not be improving significantly and you will still not be able to repay your student loan from your creditors. Lastly, good faith refers to how you have exerted significant effort to proceed with repayment of your student loan. This means that you have made attempts to pay lenders with what you owe for a certain period, but have not been successful due to several reasons, such as low income.
The Totality of the Circumstances Test, on the other hand, involves bringing to court every single paperwork that could be relevant or helpful to your petition for bankruptcy. The court will review your circumstances (as shown in these documents) and decide if, under bankruptcy law, undue hardship exists.
Make the most out of your would-be bankruptcy proceedings. For questions on the bankruptcy process, the different bankruptcy types, or how to file for bankruptcy, contact our law firm. Call us at Northwest Debt Relief Law Firm to consult with a reliable bankruptcy attorney.
.fusion-body .fusion-builder-column-0{width:100% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-0 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:1024px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:850px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-1{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}
The post How Filing for Bankruptcy May or May Not Help with Student Loans appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.
Chapter 7 Trustee Donald F King Donald F King is one of the four Chapter 7 trustees in the Alexandria Virginia Bankruptcy court. When you file a bankruptcy case in Alexandria, the computer assigns you to one of the four trustees. Lawyers are appointed Chapter 7 trustees as a part-time assignment. He’s a partner in […]
The post Chapter 7 Trustee Donald F King by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
Chapter 7 Trustee Donald F King Donald F King is one of the four Chapter 7 trustees in the Alexandria Virginia Bankruptcy court. When you file a bankruptcy case in Alexandria, the computer assigns you to one of the four trustees. Lawyers are appointed Chapter 7 trustees as a part-time assignment. He’s a partner in […]
The post Chapter 7 Trustee Donald F King by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
We’re Zooming Virtual Bankruptcy Consultations We’ve been Zooming–doing virtual bankruptcy consultations–since April 2020. We’ll continue through 2021. We stopped in-office consultations with the March 2020 pandemic lock down. (I first heard of Zoom when my church started using it. We’re a small congregation and can see everybody on screen.) Since April 2020 I’ve Zoomed bankruptcy […]
The post We’re Zooming Virtual Bankruptcy Consultations by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
We’re Zooming Virtual Bankruptcy Consultations We’ve been Zooming–doing virtual bankruptcy consultations–since April 2020. We’ll continue through 2021. We stopped in-office consultations with the March 2020 pandemic lock down. (I first heard of Zoom when my church started using it. We’re a small congregation and can see everybody on screen.) Since April 2020 I’ve Zoomed bankruptcy […]
The post We’re Zooming Virtual Bankruptcy Consultations by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.
Dealing with debt is not an easy process. Seeking legal help is necessary when working on debt management. Filing for bankruptcy enables a debtor facing financial problems to wipe out debts without having to repay everyone in his or her creditor list. A declaration of bankruptcy helps individuals and businesses seeking debt relief. Consulting a trusted bankruptcy lawyer will be beneficial for you to understand the complexities of bankruptcy law. He or she can discuss how to file a bankruptcy petition and avoid mistakes as you go through the tedious bankruptcy process. Bankruptcy lawyers will also help you have a fresh start and rebuild your financial future through a successful bankruptcy filing.
There are certain types of bankruptcy that you may choose from depending on the types of debt you have. Filing Chapter 7 (liquidation bankruptcy) and Chapter 13 (reorganization bankruptcy) are the most common.
When filing Chapter 7, your bankruptcy trustee shall liquidate your nonexempt assets. A trustee in bankruptcy cases shall be the one to manage the sales of your personal property and distribute the funds to your creditors.
Meanwhile, if you decide to file for bankruptcy under Chapter 13, you are to negotiate for a repayment plan. Under this filing chapter, you may stop foreclosure and repossession as long as you can make the required monthly payments. Your bankruptcy petition trustee will also be the one to secure the funds to be given to your creditors.
Pros of Filing a Petition in Bankruptcy
- Automatic Stay
Bankruptcy filings begin when the relevant paperwork and supporting documents are filed to the bankruptcy court. Once it has been approved, an automatic stay shall take effect immediately. This shall stop wage garnishment, foreclosure, harassment, repossession, utility disconnection, and even possible lawsuit. An automatic stay prohibits any collection activities from lenders and debt collectors.
- Bankruptcy Discharge
The main goal of filing bankruptcy is to have your debts discharged. In Bankruptcy Chapter 13, after you pay off your debts and successfully finish your payment plan, you are no longer obliged to pay back your remaining debts, as this will be discharged.
- Securing Personal Property
Filing bankruptcy under Chapter 13 enables you to retain your house, vehicle, and other properties. While Chapter 7 will require you to liquidate your assets, there are exemptions. These will depend on the state law in place when you filed for bankruptcy. Bankruptcy attorneys can advise you on how to work around these exemptions.
Cons of a Bankruptcy Proceeding
- Credit Score
One of the issues that you have to deal with when you file a bankruptcy petition is a drop in your credit score. A Bankruptcy Chapter 7, for instance, will stay on your credit report for ten years. However, this drop in the credit score is worth the fresh start you will get.
- Child Support, Alimony, and Student Loan Debt
There are some obligations that bankruptcies cannot wipe out. These include certain tax debt, child support, alimony, and student loans. Your bankruptcy attorney can advise you on what would be the best course of action if most of your debts cannot be discharged even after filing bankruptcy.
Consult with a credible and experienced bankruptcy attorney to help you as you prepare bankruptcy forms and other paperwork for your bankruptcy case. Call us at the Northwest Debt Relief Law Firm for legal help and assistance.
.fusion-body .fusion-builder-column-0{width:100% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-0 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:1024px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:850px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-1{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}
The post What are the Pros and Cons of Filing Bankruptcy? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.
When an individual files a Chapter 7 bankruptcy case, the debtor’s non-exempt assets become property of the estate that is used to pay creditors. “Property of the estate” is a defined term under the Bankruptcy Code, so a disputed question in many cases is: What assets are, in fact, available to creditors? Read More ›
Tags: Chapter 7, Eastern District of Michigan, Estate Planning
When an individual files a Chapter 7 bankruptcy case, the debtor’s non-exempt assets become property of the estate that is used to pay creditors. “Property of the estate” is a defined term under the Bankruptcy Code, so a disputed question in many cases is: What assets are, in fact, available to creditors? Read More ›
Tags: Chapter 7, Eastern District of Michigan, Estate Planning
For most consumers, declaring bankruptcy is a debt relief solution that allows them to get a fresh start in life. However, deciding to file for bankruptcy is a big decision. That’s why it’s important to understand what happens when you file for bankruptcy.
If you’re struggling with debt, reach out to an experienced bankruptcy attorney to discuss which types of bankruptcy can provide you with debt relief.
How Bankruptcy Works
In a bankruptcy filing, the trustee and bankruptcy judge evaluates your assets and liabilities to determine if you can pay back your creditors and then decide whether to discharge debts in your bankruptcy case.
A bankruptcy Chapter 7 will involve liquidating your assets to repay a portion of your unsecured debt. Chapter 7 bankruptcy filings can discharge most consumer debts and the bankruptcy proceedings can be completed in several months.
On the other hand, Chapter 13 bankruptcy cases typically last three to five years, depending on your debt repayment plan. Also known as the wage earner’s plan, filing Chapter 13 allows you to keep your home and other nonexempt property in bankruptcy by coming up with a long-term payment plan to pay off unsecured and secured debts.
Consult with reliable bankruptcy lawyers to discuss your situation and determine if you’re eligible to file for bankruptcy.
Filing for Bankruptcy
When you decide to file bankruptcy, be ready to gather paperwork for your bankruptcy forms. Filling out your bankruptcy petition requires you to provide information regarding your financial situation, which means you’ll need to collect pay stubs, submit tax returns, and provide a list of your secured and unsecured debts along with their creditors and the amount owed. Seek help from a bankruptcy petition preparer or a local bankruptcy lawyer to make sure your petition in bankruptcy is accurate and complete.
Bankruptcy law also requires all bankruptcy filers to take a credit counseling course before filing and to complete a debtor education course before receiving your bankruptcy discharge. These courses should be taken from an approved credit counseling agency, which costs anywhere between $20 to $100.
Once you’re done preparing your bankruptcy petition, you’ll need to file it to court and pay the required fees. You can check the Bankruptcy Court Miscellaneous Fee Schedule online for updated information on the filing fees.
After Filing Bankruptcy
Aside from understanding the bankruptcy process, it’s also important to know what happens after you’ve filed for bankruptcy. While a bankruptcy declaration provides debt relief and gives you a fresh financial start, some consequences should be taken into consideration when deciding to file bankruptcy.
The biggest effect of declaring bankruptcy is how it impacts your credit score. While you’ll no longer be liable for discharged debts, a bankruptcy will stay on your credit record for up to 10 years. This can affect your ability to take out loans, get a new line of credit, and can cause issues when applying for jobs. That said, there are several steps you can take to improve your credit after bankruptcy.
It’s also important to note that bankruptcy only eliminates dischargeable debts. Alimony and child support obligations, student loans, and tax debts are considered non-dischargeable and can’t be eliminated in bankruptcy. However, a bankruptcy filing can free up finances so you can start repaying these debts.
If you’re not sure if bankruptcy is the right debt solution for you, our experienced bankruptcy attorneys can evaluate your debts and discuss your bankruptcy and non-bankruptcy options with you. Call our office at Northwest Debt Relief Law Firm to schedule a free consultation today!
.fusion-body .fusion-builder-column-0{width:100% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-0 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:1024px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:850px) {.fusion-body .fusion-builder-column-0{width:100% !important;order : 0;}.fusion-builder-column-0 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-1{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}
The post What Happens When You File Bankruptcy? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.
A new amendment was recently enacted in Michigan which expands the scope of receivership proceedings, which are a liquidation alternative to bankruptcy. Previously, the receivership statute in Michigan applied only to receiverships over commercial real estate. Now it is applicable to all operating businesses in Michigan, and commercial and industrial loans irrespective of whether real estate collateral is involved. Read More ›
Tags: Alerts and Updates