Get Out Of Debt

The bankruptcy code is divided into individual chapters that cater for different circumstances of dealing with debt and bankruptcy. There are also different interpretations of these chapters for the individual or business. This article will list the various chapters and how they apply to the individual and for corporations.

For individuals there are three types of bankruptcies including Chapter 7, Chapter 11 and Chapter 13.

The most common bankruptcy for individuals is Chapter 7. It is often termed the straight bankruptcy or liquidation because it discharges the debt by liquidating the assets of the debtor (some assets like the home are exempt in individuals). Under new revisions in 2005 this chapter requires that the individual must qualify before filing. By qualification, they must earn an annual income that is below the state average. This was done to protect the financial institutions and the government that had secured much of the debt in the case of student loans.

In Chapter 7 bankruptcy, all debts, including secured and unsecured can be discharged. However, some assets owned by the individual may be confiscated and sold by the court in order to satisfy a portion of the secured debt. Of the types, Chapter 7 offers the most financial relief for the creditor.

Chapter 13 bankruptcy is the second most common form of bankruptcy for individuals. This is known as the reorganization. In this case the court appoints a trustee who will work out a repayment plan that is acceptable to the creditors and workable for the debtor. By workable, it should be a monthly repayment schedule that leaves the person with enough money for everyday living expenses like accommodation, food and other such things. The debtor is given a maximum of 5 years to complete these payments.

Corporations can file for Chapter 7 bankruptcy. This generally involves ceasing trading and selling off of all assets. Businesses can use a Chapter 11 to reorganize their debts until they are paid off or renegotiate the debt. This allows them to stay in business and possibly rectify their financial or organizational problems. An initial consultation with an attorney will help determine which of the types the individual qualifies to file. they will have to file for Chapter 13 bankruptcy.

It is important to engage a lawyer when considering potential bankruptcy. The lawyer can advise which chapter to file for based on your circumstances. They will also fill in all paper work and present it at the hearing.

Credit Counseling and bankruptcy are both ways to relieve the stress of debt. However, they are very different and it is important to understand both before making a decision as to which is best for you.

Credit counseling is a program designed to help those who are in a state of debt and cannot find a solution to their debt problems. They offer services that will allow you to work with a certified credit counselor to devise a plan that is tailored to your specific needs and goals. Credit counseling agencies often provide services for free and will help to educate you about how to avoid financial problems in the future by offering debt management classes or seminars. They do not erase your debt. Instead they work with you to budget money so that you can pay off the debt often times by debt consolidation. Collection will continue while using a credit counselor, however, in most cases companies who are owed money will try and work with you to help you payoff your loans. Credit counseling services often help you to reestablish credit after the loans are paid.

Bankruptcy is very different. It will completely clear your debt in most cases and you will no longer be hassled by collection agencies and their attorneys. There are two kinds of bankruptcy; the one that is right for you will depend on your situation. When filing Chapter 13 bankruptcy you are able to keep property that is mortgaged such as your house or car and are expected to repay debts in three to five years. Under Chapter 7 bankruptcy, you must give up all property and assets that you own. There are exceptions in some states for items such as work tools and household furnishings. Bankruptcy will certainly clear your debts and stop foreclosures and wage garnishments, however, you will be unable to establish credit for up to ten years. Filing bankruptcy can also be very expensive compared to credit counseling.

Take time and research credit counseling very carefully before deciding on bankruptcy as it can save your credit in the long run. Most people feel much better about themselves when they can pay off their debt and become educated about how to stay out of debt rather than filing bankruptcy.

It is the Chapter 11 bankruptcy law that allows businesses to seek the same protection and relief that individuals have a right to under the Federal bankruptcy statues. Any business entity, whether a large corporation, a small partnership or even a one-man sole proprietorship, can file under Chapter 11 in order to have their debts reorganized.

The Chapter 11 law requires that the business filing for brokeness, must provide full financial disclosure to the bankruptcy court. This means that the organization, or their attorney, must provide a complete and detailed list of all of the company’s assets, all of the liabilities and a complete statement of the financial status and affairs of the entity.

Unlike other types of bankruptcies, according to Chapter 11 law, the debtor is able to act as his own trustee. In Chapter 7 and Chapter 13 bankruptcy cases, the court appoints a trustee.

When a debtor acts as a trustee in a Chapter 11 bankruptcy, it is known as a “debtor in possession” because the trustee maintains possession of the property. However, the court is able to appoint a different trustee to the case if there is just cause shown, such as in the case of mismanagement of the business entity.

After approximately one month from the time that filing for bankruptcy took place, the business and their bankruptcy attorney attend a meeting with the various creditors of the entity. According to Chapter 11 bankruptcy law, the company also is required to submit monthly activity reports that show the company’s income and expenses. These reports are also summarized in the form of a balance sheet and a profit and loss statement for the period.

Chapter 11 law allows for the debtor to file a financial plan during the first four months after a new bankrupt filing is submitted to the Federal bankruptcy court. After that time, the creditors of the company are allowed to submit filings of their plans.

The Chapter 11 law also requires that the plan submitted by the debtor includes a disclosure statement that goes into detail of company’s financial situation and future plans. Some of the areas that are disclosed are the following:

- a summary of the company history and the primary cause that necessitated filing for brokeness;

- the company’s assets and liabilities;

- the income and the expenses of the operation; a

- description of the company’s treatment of their creditors;

- an analysis of asset liquidation; projections of future earnings;

- expected tax consequences;

- a discussion of various options open to the entity;

- and finally, the plan for repayment of the debts.

According to Chapter 11 bankruptcy law, the plan for reorganization can stipulate that the company must continue to operate the business in order to make the payments from future income, or from the proceeds of new loans or the sale of existing assets. Creditors who hold priority claims, including tax debts, are required to be paid in full.

Any secured claims also require full payment and must include interest as well. Other debts that are non-priority and are unsecured receive dividend payments which equal at least the amount that would have been granted under a Chapter 7 filing.

I have written in the past about programs that do not tell consumers the truth, hiding every little detail possible in order to cash in on retainer and monthly maintenance fees. First and foremost avoid most agencies with these unnecessary charges unless they come highly recommended from a reputable source.

What is the truth? Many of us do not want to hear our interest percentage rates will rise, late fees and penalties will continue to accumulate, etc.. when we stop making our monthly payments to our creditors, and there is no one that can make them go away except for consolidation programs that will negotiate to lower interest rates. When consolidating all payments must be made on time otherwise we will be dropped from the program. In order to consolidate debt we must be current on all payments. Settlement programs can not stop these charges at all, and that is the truth.

So now we now if we consolidate we will be paying everything we owe back to our creditors plus interest. What most consolidation companies fail to tell consumers is that for as long as they are in the consolidation program their credit report will look as if they have filed for chapter 13 bankruptcy. This little detail is often not told by credit counselors. If credit score is important any type of debt relief program must be avoided.

The same goes for settlement programs, credit score will be affected as well. The only difference is the person’s credit report will not show a chapter 13 mark. The accounts will be reported as delinquent until settled or payed in full. Again, if credit score is important debt settlement is not the route to go either.

Are there any tax implications on debt settlements? YES. On any savings over $600.00 on any particular settlement a person will receive a 1099 statement and any money saved over $600.00 will have to be claimed as income unless the persons losses for one year are greater than the gains. Meaning if when tax time rolls around a person shows a negative margin on their earnings, for more information on this matter we should consult a licensed tax broker.

Can we be sued, have wages garnished, property attached to? YES. Any creditor has the right to the assert legal action to claim money owed. When we sign our contract agreement we give the credit company or companies the right to do so. If any debt relief agency tells anyone none of the above can happen, they are lying. Some individuals are very lucky, and never even get a phone call from a creditor or a collection agency and have the statue of limitations expire on their debt. I believe everyone must be aware of these possibilities before pursuing settlements on their debt.

So far we know of the fees that will be accumulated on our debt if we discontinue our payments to our creditors, what will happen to our credit reports and scores, the tax implications of debt settlements, the legal implications. Do we really need someone not telling us all this? If I were looking for debt relief help more specifically debt settlement I would like to hear all these little nasty details before deciding to negotiate on my debt. I would be able to sleep better at night knowing the consequences that may or may not happen.

Debt negotiation has yielded great savings to many, especially if they are well informed and the debt relief agency they choose to work with is honest and up front. Even with some of these difficulties waiting to happen some of us have no other choice but to seek debt relief, BE SMART and ask questions, if the answers you are getting do not satisfy you, keep searching. The right debt relief agency is out there for you, just look hard enough and you will find it.

Chapter 13 payments are arranged through the reorganization of debt at the time when bankruptcy is filed. The debtor is required to make regular payments directly to an assigned Trustee who oversees the case. When Chapter 13 payments are received, the Trustee disperses payments to creditors until accounts are paid in full.

In some instances, Chapter 13 payments can be made through payroll deductions if approved by the bankruptcy court. Upon acceptance of the bankruptcy repayment plan, chapter 13 payments are setup to repay creditors and tax liens, if applicable.

If the debtor owns a home, filing Chapter 13 bankruptcy can halt the foreclosure process. However, if the debtor fails out of bankruptcy, the lender has the authority to initiate foreclosure proceedings. Additionally, the court may require the debtor to liquidate their assets under Chapter 7 Bankruptcy Code. If this occurs, the debtor must relinquish their property to a Trustee who will sell the assets and repay creditors.

Chapter 13 bankruptcy is available to all U.S. citizens. This chapter allows individuals to reorganize their debt and make payments over an extended period of time. However, certain eligibility requirements must be met and include outstanding unsecured debts must be less than $307,675 and secured debts must be less than $922,975. Additionally, the debtor is required to undergo credit counseling within 180 days prior to filing.

When an individual files Chapter 13 bankruptcy they must provide a certificate of credit counseling, proposed repayment plan, proof of income, detailed list of expenses, and a recent year tax return.

Collection actions against the debtor cease when the debtor files Chapter 13. However, it does not dismiss outstanding balances. As long as payments are made to the Trustee and disbursed in a timely fashion, no further action will be taken against the debtor. If the debtor is unable to make payments according to their chapter 13 agreement, the creditors can move forward with collection actions.

If circumstances arise that cause the debtor to become unable to make chapter 13 payments, the Trustee must immediately be contacted. If the financial setback is temporary, the Trustee may agree to reducing payment amounts or extending the repayment period.

In cases where financial setbacks are long-term, the court may modify chapter 13 payments, discharge the debts on the basis of hardship, convert to Chapter 7 liquidation, dismiss the Chapter 13 case, or temporarily suspend payments.

Chapter 13 bankruptcy provides individuals with the opportunity to retain their property and make a fresh start. When creating the repayment plan it’s crucial to arrange chapter 13 payments that are reasonable so the debtor can consistently make payments in a timely fashion. Otherwise the effort will be fruitless and cause the debtor to fail out of bankruptcy and lose their home, automobile and other valuable assets.