Things to Take into Account before Filing Chapter 13 Bankruptcy
Many American citizens are filing bankruptcy in attempt to avoid foreclosure or lessen their debt load. While filing Chapter 13 bankruptcy can offer temporary financial relief, new bankruptcy guidelines that became effective in 2005 have made it substantially more difficult to obtain court protection.
Filing bankruptcy today requires the services of a bankruptcy law firm. The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) placed stringent guidelines on debtors. In the past, many people filed Chapter 7, which dismisses all debts and allows debtors to obtain a fresh financial start.
BAPCPA regulations mandate debtors to repay a portion of their debts by setting up Chapter 13 payments. The amount of debt is calculated by the ‘means’ test. This financial calculator is designed to examine the debtor’s earned income Vs the average wages of state residents.
Any time debtors’ wages is less than their states’ typical income level, they may qualify for Chapter 7 Liquidation Bankruptcy. Otherwise, debtors have to enter into Chapter 13 bankruptcy and arrange a payment plan.
Chapter 13 payment plans generally stay in place for three to five years and require debtors to contribute a substantial amount of non-exempt income. Debtors are forbidden from incurring new debt for the duration of the personal bankruptcy payment plan.
If debtors do not abide by settlement terms, lenders can file a petition and ask the court to dismiss the bankruptcy petition. When debtors fail out of bankruptcy, they no longer are protected by the court and creditors can commence with collection actions; including foreclosure.
When individuals record bankruptcy petitions to stop foreclosure, it is vital to remain in compliance with chapter 13 payments. If Chapter 13 bankruptcy petitions are dismissed, loan companies can start foreclosure proceedings at the stage they were at when the automatic stay became effective. As an example, if the foreclosure was scheduled one week ahead of the bankruptcy petition, it can start at one week; leaving debtors minimal time to locate suitable living quarters.
Additional terms of BAPCPA require debtors to participate in credit counseling from an accredited U.S. Trustee Program agency a maximum of 6 months prior to filing bankruptcy. Once counseling is completed, debtors must present a certificate to the court in order to obtain chapter 13 approval.
Debtors file bankruptcy in the district where they live. Soon after, a 341 creditor meeting is held to setup the bankruptcy payment plan. The creditor meeting allows debtors to learn about payment options with creditors or their lawyers.
Bankruptcy authorities advise consulting with a few attorneys prior to making a commitment. Most attorneys offer no-cost consultations. Filing personal bankruptcy is a stressful and emotional procedure, so it is important to work with a lawyer whose personality is suited to yours.
Being forced into personal bankruptcy can have disastrous effects and should only be used when every kind of alternative options have failed. These might include: budgeting, credit counseling, consolidation of debts, or debt settlement.
It is imperative to evaluate the actual costs of filing bankruptcy. Spend time conducting research or speak with specialists to decide if bankruptcy is the best option. Look for bankruptcy alternatives that deliver similar results without the harsh financial consequences.
