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Tags: attorneys, bankruptcy, bankruptcy law, bankruptcy law attorneys, law, law attorneys, legal, Personal Finance Posted in Personal Finance on November 1st, 2009 | No Comments »
Lawyers who specialize in bankruptcy law are called bankruptcy law attorneys. They understand what is like to be in debt, and what it takes to erase this debt from a credit report.
In recent years, bankruptcy laws have changed quite a bit, tightening regulations to make it harder to file for bankruptcy. This is to keep people from spending frivolously and make them responsible for the debt they incur. However, it is still quite possible to file for bankruptcy.
Personal bankruptcy comes in two main types. Each type has different qualifications and guidelines which must be followed in order to file. When gathering all your debt for filing purposes, make sure to be thorough and include everything that qualifies. This is an important step because if you forget to include something and your bankruptcy is approved, you will still be responsible for the qualifying debt that you did not submit.
When are bankruptcy law attorneys needed? If you have decided that you should file for bankruptcy, the first thing you need to do is talk to a lawyer. The question of whether or not you qualify to file for bankruptcy is something that a bankruptcy law attorney will be able to answer for you. They will explain what your options are in relation to the different kinds of bankruptcy. This initial meeting, or even the first few meetings, should be free. Therefore, you do not have to worry about wasting money on a lawyer that you will not end up using.
If they think that you have a good chance of succeeding with your claim, they will then work with you to ensure that you have all of the relevant documentation, such as proof of your debts and income. The attorney will then accompany you in front of a judge.
So, how do you find yourself bankruptcy law attorneys? There are plenty of bankruptcy law attorneys out there offering their services; in fact, so many that it can seem overwhelming . First, ask your friends and family if they know of any good lawyers. If they personally have not dealt with any, they may know someone who has and who can offer a recommendation. Should that line of inquiry not prove to be fruitful, then next try looking through the local phone directory. There are also several different online directories where attorneys list themselves to make it easier for you to find them.
Do you need to find bankruptcy law attorneys? Look no further than www.miamilawyersandattorneys.com. A premier source for legal help in the Miami area. This website is spearheaded by Julio Martinez, the man behind well known business networking directories.
Tags: attorneys, bankruptcy, bankruptcy attorney, bankruptcy attorneys, bankruptcy law, chapter 13 bankruptcy, chapter 7 bankruptcy, Credit, debt relief, debtor law, law, Lawyers, legal Posted in Credit on July 5th, 2009 | No Comments »
by Alan Alder
A Chapter 7 bankruptcy is also known as a liquidation bankruptcy. This means that any property that a Chapter 7 filer has that is not exempt may be liquidated or confiscated and sold to pay off debts.
One of the main points to consider in deciding whether to file a Chapter 7 bankruptcy is what property you can keep and what property you may have to give up.
Tennessee exemption laws allow a single person to keep up to $5,000 of their home’s value. While married couples can exempt up to $7,500.
Tennessee grants an exemption up to $12,500 for individuals over the age of 62. A $20,000 exemption applies to married couples where one spouse is over 62 and the other under 62. A larger $25,000 exemption applies to married couples where both spouses are over 62.
Tennessee law grants a $25,000 homestead exemption for an individual filing a Chapter 7 who has at least one dependent child. This exemption doubles to $50,000 when a married couple with at least one dependent child files a Chapter 7.
The amount of equity in your house is important to know when considering Chapter 7. If your exempted amount is more than your equity then there is no chance a Chapter 7 Trustee will seek to sell your house to pay creditors.
Filing Chapter 7 when your equity exceeds you allowed exemption may result in either yu having to pay the difference to your creditors or the Chapter 7 Trustee selling your house and paying creditors with the proceeds, minus your exempted amount.
The last point to consider is that you usually do not want to file a Chapter 7 if you are behind on your mortgage payments. When you are behind on your mortgage, a Chapter 13 might be a better option for someone wanting to keep their home.
Tags: attorneys, bankruptcy, bankruptcy attorney, bankruptcy attorneys, bankruptcy law, chapter 13 bankruptcy, chapter 7 bankruptcy, Credit, debt relief, debtor law, law, Lawyers, legal Posted in Credit on June 30th, 2009 | No Comments »
by Alan Alder
A Chapter 7 Bankruptcy is designed to give you a fresh start by discharging your debts. But some property that is not exempt may be sold in order to pay off creditors.
If you are considering a Chapter 7 bankruptcy then it is important to know what you can and cannot exempt.
Each state has different exemption rules. In Tennessee a single individual can exempt $5,000 of their homestead (house) while a married couple can exempt $7,500.
For those filers over the age of 62 Tennessee allows an individual a $12,500 homestead exemption. A spouse aged 62 or older who has a spouse under 62 is allowed a $20,000 exemption. A married couple both of whom are over the age of 62 receive a $25,000 exemption.
Tennessee law grants a $25,000 homestead exemption for an individual filing a Chapter 7 who has at least one dependent child. This exemption doubles to $50,000 when a married couple with at least one dependent child files a Chapter 7.
If you own a house and are considering filing Chapter 7 bankruptcy you will want to know how much equity you have in your house. If the amount of equity is less than the amount you can exempt, then you can keep your house after filing a Chapter 7 without paying any money and without risk of the Trustee auctioning your house to pay creditors.
In the case where your exemption is less than your equity then you have two choices; pay the difference to the Chapter7 Trustee, or allow the Chapter 7 Trustee to sell your house.
If you are behind on your house payment then Chapter 7 might not be the best option. A Chapter 13 repayment plan would ensure you retain possession of your home.
Tags: a, attorneys, b, bankruptcy law, bankruptcy lawyer, bankrutpcy attorney, c, chapter 13, Chapter 7, creditor harassment, d, debtor's rights, e, f, Finance, foreclosure, l, law, Lawyers, legal, Personal Finance, r, t Posted in Personal Finance on June 26th, 2009 | No Comments »
by Alan Alder
The Federal Bankruptcy Code provides for protection from creditors. Chapter 7 and Chapter 13 of the Code are designed to help consumers get a fresh start, free from debt.
The automatic stay is a very powerful tool providing protection from creditors. The automatic stay stops many creditor actions, including:
- Home foreclosure
- Vehicle or other property repossession
- Paycheck garnishment
- Government tax liens and levies
- Harassing phone calls
- lawsuits
The claims of creditors will still exist, but they cannot take action to collect on those claims. Unsecured debts will usually be eliminated through discharge. Those creditors that have a security interest in property will be treated differently depending on whether you wish to keep the property.
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