Articles Posted in Chapter 7 Bankruptcy

VehiclesYes and No.  In most cases as long as you are up to date on your vehicle payments you can “reaffirm” the debt and keep your vehicle. The finance company has to agree to allow you to keep the vehicle and they will always agree if you are current.

If you are not current, the bankruptcy filing protects the vehicle from being repossessed and this could give you the time you need to get caught up. Most finance companies do not want the vehicle back, so if you are a behind they will give you a chance to catch up or they can redo your payments. The most important thing is to file the bankruptcy as soon as possible so they don’t repossess the vehicle. They hardly ever negotiate before you file the bankruptcy because they don’t believe you will actually file. After you file and they are faced with getting no money and maybe having to take the vehicle back, they can be more lenient and easier to deal with.

 

Most individuals will qualify to file for Chapter 7 regardless of the amount of debt.  However, income must also be considered when filing for Chapter 7 bankruptcy.  For example, if disposable income is sufficient to fund a Chapter 13 repayment plan — which is determined by your attorney completing what is called a “Means Test” which subtracts certain allowed expenses and monthly payments for certain debts from your gross income — you will not be allowed to use Chapter 7 bankruptcy but rather qualify for a Chapter 13 bankruptcy.

This is an area where it is important to consult with an experienced bankruptcy attorney. Your attorney will review your situation in depth through the “Means Test” process and advise you accordingly based upon the results.

So to sum it all up – an individual, a partnership, a corporation or other business entity may qualify to file for Chapter 7 so long as:

BudgetDespite everybody’s opinion that the economy is getting better, one thing is for sure – if you’re living from paycheck to paycheck, things are tough no  matter what they say.  If you suffer an illness, pay cut, or lose your job and  miss a week (or heaven forbid several weeks) of pay – you’re in a world of hurt! Roughly 42% of Americans report that they live this way, barely making ends meet.  What’s worse, more and more Americans are stealing from their future to live today – 21% of workers have stated they reduced their 401K contributions and/or personal savings in the last year and 34% say they aren’t contributing at all to such programs.  As an attorney who helps people solve debt problems, I see people making mistakes and doing things that actually make the situation worse than it has to be. They are too ashamed or afraid due to myth and rumor to discuss bankruptcy with an attorney so they first deplete their 401K, all other savings, borrow all they can from friends & family (which adds difficulty to others), and sell their possessions – all of which could have been prevented.  In most cases bankruptcy will protect your money and property.  Bankruptcy is not what it used to be.  Creditors spend millions of dollars to spread the propaganda that only bums and fraudsters file bankruptcy.   The truth is very different.  Bankruptcy is a very powerful consumer protection law and financial tool that it is an intricate part of our American economic system.  Our founding fathers took the idea of bankruptcy from the Bible and fashioned laws to give every American the right to a fresh start and a huge part of that fresh start is the protection of your money and property that will help you to begin that new life!

There are many types of bankruptcy, but only two types that most Mississippi residents would be interested in.

Chapter 7 is what people refer to as total bankruptcy, liquidation or complete bankruptcy.  Where a Chapter 13 proposes a plan to repay your creditors over set period of months, Chapter 7 wipes out or discharges your debts right away without any payment and gives you a clean slate.

The Chapter 7 will still allow you to keep your house and vehicles.  The unsecured creditors such as credit cards and medical bills are totally wiped out, discharged, and can never be collected from you. There is nothing deducted from your paycheck and you are responsible for continuing to make the monthly payments on the house, car and truck and any other property you intend to keep.