Archive for the ‘Bankruptcy’ Category
Bankruptcy Chapter 7 Exemptions-what Personal Possessions are Exempt Under Chapter 7?
If you are looking for bankruptcy chapter 7 exemptions, there are certainly some very important facts you need o know in order to achieve this. Very simply, a chapter 7 exemption are simply assets you get to keep when filing for chapter 7 bankruptcy.
Chapter 7, unlike 11 and 13, forces you to use your assets to pay off your debts, and is obviously the less preferred method of bankruptcy, but using exemptions, you can limit the damage done, and be sure you can keep at least some of your personal belongings.
Most people view filing for bankruptcy as an easy way out, as they can just eliminate all their debts very quickly, but it comes at an enormous price in the case of chapter seven. Also, your credit score will take a severe hit, so you will be unable to obtain reasonable interest rates most likely for at least 2 years after filing.
However, if you find yourself unable to pay off your bills, this might be your only option. Here is a quick explanation of how to proceed in order to get the best deal possible.
After you have been granted a chapter 7 bankruptcy, you are assigned a trustee who oversees selling off your belongings, so that you can pay off your debts. Obviously, the money used will all need to go towards eliminating your debts, but not in just any order.
Some creditors will need to be paid off first, depending on amount and how long you’ve been in debt with them. The secured debts will have to be paid off first, and if the debt is unsecured, the creditors are not guaranteed they will get any money at all, but might in some instances.
This is where the trustee comes in, and they make sure that the money is paid off to the right creditors in the right order. Of course, at this point they will also determine your chapter 7 exemptions so that all your assets are not taken away.
Obviously, as you can probably tell, this is the worst form of bankruptcy forth debtor, because you lose all your personal belongings, and most importantly, have to shut down your business and start from scratch.
However, all is not lost. Keep reading to find out how to use chapter 7 exemptions to your favor, and how to get back on your feet as quickly as possible in this situation.
The Advantages of Chapter 13 Bankruptcy
Chapter 13 bankruptcy is often their best option for debtors who decide to stop collection efforts from their creditors but still want to repay their debts. People who have fallen behind in their mortgage payments often choose this option because it allows them a chance to “catch up” before their home is foreclosed upon. Filing for Chapter 13 will stop the collection efforts of all the creditors that the debtor lists on the petition and it allows them a variety of options for repayment, if they meet the eligibility requirements.
Foreclosures are the biggest reason that most people choose Chapter 13 bankruptcy rather than the more attractive Chapter 7. With Chapter 13, homeowners who face foreclosure proceedings can halt the legal actions by choosing this bankruptcy option.
A court appointed bankruptcy trustee will act on the behalf of the homeowner to make provisions with the mortgage company. The homeowner is then allowed to make their monthly mortgage payments with an extra amount each month until they have caught up on their delinquent payments.
Another thing that Chapter 13 bankruptcy affords to debtors is the opportunity to repay secured debts over a period. Oftentimes, the payment plans reduce the amount of the monthly payment that the debtor was paying. While Chapter 7 is the most popular option in bankruptcy, many people choose Chapter 13 because they feel a moral obligation to repay their debts.
This type of bankruptcy gives them the help that they need to negotiate with their creditors. It also provides some “wiggle room” for repaying debts with a timely schedule. Psychologically, this form of bankruptcy is less detrimental to people’s self-images because they have fulfilled their financial obligations rather than simply having them completely discharged.
Chapter 13 bankruptcy is similar to entering into a debt consolidation loan, which is often an option many people exhaust before having their debts discharged by courts. Both instances involve the debtor giving the monthly payment to an appointed trustee. The trustee then relegates the payments to the creditors according to the agreement.
For purposes of getting a mortgage, many companies view both of these equally. In other words, a debt consolidation loan is the same thing as filing for Chapter 13 bankruptcy in the eyes of many mortgage companies. One advantage of these options is that the debtor does not need to have direct contact with the creditors who can have a significant negative impact on a person’s self-esteem.
Many debtors might choose to file under Chapter 13 bankruptcy because they have loans that required co-signers. With this type of bankruptcy, the third parties are protected from the creditors. This means that the creditors can no longer pursue either party in an attempt to collect the debt. They must deal with the trustee that the court appointed to the particular case if they have any questions or concerns.
Bankruptcy was designed to offer consumers a fresh start after getting into a tough financial situation. Some people, however, prefer to repay their debts due to financial reasons or moral obligations. For these people, the courts offer Chapter 13 bankruptcy as a viable option.
Not only does it require the creditors to stop contacting the debtor, it also protects homes from foreclosures and third parties from legal recourse. Chapter 13 has several advantages for those who are trying to honestly fulfill their obligations.
Secured Personal Loans: Funding After Bankruptcy
After bankruptcy, it can be very difficult to get approved for a personal loan, nevertheless, there are some lenders willing to lend to people in such financial difficulties as long as they can provide enough security in order to reduce the risk of missed payments and default which is what worries lender’s the most.
There is no need to despair; someone who has gone through a bankruptcy process can easily get approved for a secured personal loan within certain period of time if able to meet certain requirements. Bankruptcy can be very stressful but finance can still be found during these hard times, you just need to know where to find it.
Requirements
Each lender has different requirements when it comes to personal loans. Due to a lack of regulation on this particular issue, lenders are free to lend to anyone and take as much risk as they want. Their only limitation is the interest rate they can charge but they usually bypass this limitation by charging additional fees and other costs.
The main requirement, as usual, is your credit score. Of course you will have a low credit score after bankruptcy. The question is, however, how low? If bankruptcy was your last delinquency, then, your credit score must have increased over some time and if there were not too many delinquencies before bankruptcy, perhaps you can convince lenders that bankruptcy was due to unfortunate events and not because of your poor credit behavior.
Your credit history is another important variable related to your credit score. The credit history that really matters is the months following your bankruptcy. Your credit report must show no late payments, nor missed payments and no other delinquencies whatsoever during those months. This will greatly increase your possibilities of getting finance after bankruptcy.
Collateral
Since bankruptcy implies a lot of risk, the key to obtaining finance is to reduce that risk. One of the best ways to do so is to offer some kind of security by providing an asset as collateral. A house, apartment, a car or any other vehicle can be used to secure your loan and increase your chances of getting approved. Obviously, the asset has to be worthy enough. Its value should exceed significantly the amount of money requested.
Even though the loan will be secured, the interest rate charged will be considerably higher, this is due to the fact that collateral will only reduce the risk but the risk for the lender will still be higher. A past bankruptcy shows you have defaulted before and that scares lenders away. Thus, the interest rate, which is based on the risk, will be higher under these conditions than under regular conditions.
Outstanding Debt
Since not all debts are discharged after bankruptcy, your debt level will also be a variable to take into account when a lender considers to provide finance or not. If you still have outstanding loans and high amounts of debt, chances are that you will not get approved unless you can show a steady income and provide a very valuable asset as collateral that is free from mortgages and other limitations.