Bankruptcy Lawyers
If you’re experiencing problems with debt, is bankruptcy
the solution you need? In this article, let’s tackle some
things about the new bankruptcy procedures that you should know
before submitting your bankruptcy application.
Should I File for Bankruptcy?
Before filing for bankruptcy, consider other possible solutions
to your debt problem. For instance, can you acquire a debt consolidation
loan so you can pay off your debts more easily? Have you tried negotiating
with your creditors?
The new bankruptcy law mandates consumers to complete a credit
counseling course at least six months prior to filing. The purpose
of going through credit counseling is to help consumers find alternative
solutions to debt instead of bankruptcy. The credit counseling agency
accredited by the government would be the one to decide whether
bankruptcy is the best option. If the credit counseling agency recommends
bankruptcy as your only option, that’s the time a borrower
can start the bankruptcy application process.
Filing for Bankruptcy
Preparing the bankruptcy application is also a complicated process.
It is recommended to hire assistance from a bankruptcy attorney
to ensure that all the documents would be filled out correctly.
It is interesting to note that any false information provided in
the bankruptcy application is considered as a violation. For this
reason, bankruptcy lawyers have increased their service fees due
to the greater responsibility assigned to them.
The Qualification Income Means Test
Once your bankruptcy application has been submitted, the applicant
would need to go through the “Income Means Test”. This
test will determine as to what Chapter of bankruptcy the applicant
falls under. The Qualification Income Means Test is based upon the
borrower’s monthly income and capability to pay off debts.
If you qualify for a Chapter 7 bankruptcy, you will be released
from all your payment responsibilities to creditors. On the other
hand, those who don’t qualify for a Chapter 7 bankruptcy will
be subjected under the Chapter 13 bankruptcy. This chapter of bankruptcy
puts the borrower under a repayment program for a certain time period.
The bankruptcy State court will set a specific percentage of salary
deduction depending on the borrower’s capacity to make repayments
and on the extent of debt.
The Consequences of Bankruptcy
Whether you qualify for a Chapter 7 or Chapter 13 bankruptcy, remember
that this record will remain in your credit report for up to seven
years. Such a record can become a disadvantage especially when acquiring
personal loans or when applying new credit.
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