Debt and Bankruptcy
Debt Consolidation
Bankruptcy Law

Can you file bankruptcy after you have consolidated most of your debt?

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2009-07-02 05:14:15
2009-07-02 05:14:15

no you can not

That answer is incorrect.

Whether you can file a bankruptcy case and under which Chapter you can file needs to be evaluated under the terms of Bankruptcy code.

Whether or not a particular debt is dischargeable needs to be evaluated under the terms of the Bankruptcy code.

Consult an attorney. This is serious business. Do not rely on answers by unidentified people without information about their credentials or the basis of their opinion. That goes for people you meet at cocktail parties or the ball game. Consult an attorney.

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You credit card debt, for the most part is discharged when you file for bankruptcy. As soon as a debtor files for bankruptcy, there is an automatic stay and most creditors must stop their collection efforts. Thus, the debtor can begin rebuilding his credit; financially-speaking, the debtor can start over.

Deb releif comes in many forms.The most popular and common is a to file for bankruptcy.

You can, but it most definitely would not be advisable. The vehicle would have to be listed in the bankruptcy schedule as a secured debt which means it is NOT dischargeable in a BK.

Individuals or businesses that qualify. There are a number of different qualifications. Most chapters require a certain set monetary amount of debt to file among other things.

Most likely. Filing for bankruptcy does not mean that it will automatically be granted. There is a process in which the court evaluates your debt versus your assets/income. Your unemployment benefits will be calculated into this equation.

Filing bankruptcy creates an "automatic stay" which is a court order stopping most efforts to collect a debt, including lawsuits. Whether or not you are eligible for a discharge of the particular debt depends on the type of claim filed against you. Certain debts are not dischargeable. The decision to file bankruptcy and which type of bankrupty to file should be made after consultation with a qualified attorney. You must another an number of factors into consideration such as the amount of your dischargeable debt, value of your assets, income and expenses.

Income has little to no determination on one's ability to file for bankruptcy. It's the debt to income ratio that most bankruptcy courts look for. Consult a bankruptcy attorney; there may be other options that will not impact your credit as harshly as bankruptcy.

Use this FREE ""Do it Yourself"" Bankruptcy Site to see filing bankruptcy is the right solution for solving your personal debt problems.Filing bankruptcy is perhaps the most difficult decision you'll ever make! I'm sure you have many questions about filing bankruptcy. Questions like, ""Am I qualified to file bankruptcy"" , ""How hard is it to file on my own bankruptcy"", ""How much does it cost"" and the most important question of all; ""Can I file my own bankruptcy without an attorney?"" Get answers to these questions and over 40 more with our in-depth FAQs. Select the bankruptcy chapters' links on the left.

It depends on the amount you in your debt. If your debt is a large sum and figure, the best and most ideal thing would be to declare bankruptcy. If not debt settlement would be much easier.

What happens if you file bankruptcy differs depending on what chapter of bankruptcy you or your business decides to file under. The most common form of bankruptcy for the individual is Chapter 7. Under Chapter 7 bankruptcy, the banks may liquidate property and assets-except things that are explicitly protected. After this, most debts are forgiven-but not all, as certain debts do not qualify. Your credit score will then be severely damaged by the filing, but you will be free to slowly bring it back up as you will not be suffocated by debt. The article below goes into further detail on the process of bankruptcy.

In most cases no, on a joint debt if one party files bankruptcy and is discharged the other party is liable for the entire remaining balance. This makes filing bankruptcy little protection from foreclosure, repossession, and other actions credits would still be able to attempt on the other party.

In most cases, no. If the debt was discharged in your bankruptcy, the creditor cannot attach a lien on property after your case is file. If the debt is non-dischargeable (i.e. tax debt, fraud, etc.) then the creditor can attach a lien until the judgment amount is satisfied.

Of course you can. In most states, condo fees become liens on the condo, so a secured debt. You would have to file a C. 13 and plan to pay off the arrears as a secured debt.

First, you don't file BK on a thing..a loan or a debt...YOU file BK and it effects everything you own and everything you owe. No picking and chosing. Gov't insured or Guranteed student loans - which means most all programs - are exempt from discharge in bankruptcy. Therefore, they will not be changed.

It depends what kind of bankruptcy you are talking about. Most individuals file for chapter 7, so I'll assume you are talking about Ch 7. In the vast majority of those cases, the SBA loan is discharged along with all the other unsecured debt. Many people confuse SBA loans with federally backed student loan debt, and they are not the same. SBA debt is treated just like any other debt in a bankruptcy. The unique feature about SBA debt is that they have a settlement process (known as the Offer In Compromise) that allows borrowers to settle their debt without resorting to bankruptcy. - Distressed Loan Advisors

Yes. Chp. 13 restructures your debt to your situation. Check with a lawyer most offer a free counsultation.

No...but they may not allow that debt to be discharged. Any debt incureed within months of BK may not be allowed, and will be, if it can be shown it was done in anticipation of filing BK. So running up a bunch of debt, especially if it is uncommon purchases, (a holiday to France) shortly before you file is suspect.

In the US, at least, you don't file bankruptcy against specific loans, you file bankruptcy in general. You do have to list all your assets and debts as a part of the filing. So, technically the answer is "no", but ignoring that for a moment, why on Earth would you want to do such a ridiculous thing as spend filing and attorney's fees on a debt you don't owe any money on? However, the fact that you have a loan you don't owe anything on (most people do) doesn't stop you from filing bankruptcy.

Filing bankruptcy creates an "automatic stay" which is a court order stopping most efforts to collect a debt, including lawsuits. Whether or not you are eligible for a discharge of the particular debt depends on the type of claim filed against you. In the case of an auto accident, liability for death or injury resulting from driving under the influence of alcohol or drugs cannot be discharged. The decision to file bankruptcy and which type of bankrupty to file should be made after consultation with a qualified attorney. You must another an number of factors into consideration such as the amount of your dischargeable debt, value of your assets, income and expenses.

In most cases, you can not include an educational loan in a chapter 7 bankruptcy. This Person is wrong! The college network sells study materials. It is not an "Educational Loan" It is a private company. Yes you can discharge them like any other debt!

A bankruptcy can be filed by a married couple jointly or independently by one (or both) parties separately. Bankruptcy filings are generally done by the individual carrying the most dischargeable debt. If it is one of the marriage partners, that is who will file and can keep one party in the union with a little better credit score. So, short answer is yes, long answer it depends upon a myriad of reasons.

If there is a judgment and a garnishment allowed by the court this could happen. However, this barely ever is approved for unsecured debt. Most people would file bankruptcy before they allowed their wages to be garnished.

If you have a mountain of debt that will force you to file for bankruptcy, there are two types of protection that you can file for with the bankruptcy courts. The first kind of bankruptcy protection is called chapter 7 bankruptcy. Under chapter 7 bankruptcy, your assets will be liquidated and the proceeds from the sales will go towards paying off your debts. Most remaining debts will then be discharged by the courts. The second kind of bankruptcy that you can file for is called chapter 13 bankruptcy. Chapter 13 bankruptcy is more closely related to debt consolidation in that your debts are reorganized and a payment plan is set up between you and your creditors. Chapter 13 bankruptcy is sometimes called a working man's bankruptcy because one of the requirements of filing for the protection is having a job with a steady income. In a chapter 13 bankruptcy filing, you and your lawyer will devise a payment repayment plan that explains to the courts how you will handle your creditors. Most payment plans allow you to make payments for a period between 30 and 60 months after the initial filing. According to current bankruptcy laws, the debtor must prove to the courts that he will be able to carry out the plan for the duration of the time period. Current chapter 13 bankruptcy laws give judges the ability to factor in your living expenses while repaying your debt. However, federal standards are in place that makes it difficult for judges to customize expenditures on a case to case basis. Chapter 13 bankruptcy can also be a punishment for those that have file for chapter 7 bankruptcy fraudulently. Many people prefer to file for chapter 7 bankruptcy because they will not have to repay most of their debts. However, not everyone qualifies for this kind of protection. In order to qualify for chapter 7 bankruptcy, a person must make no more than $167 over the median income of the state. If the courts find out that a person does violate this requirement, the chapter 7 protection can be revoked and changed to chapter 13. Most people that file for chapter 13 bankruptcy will also be required to attend classes that will teach them about money management and personal finance. If you fail to attend the classes or do not pass, your bankruptcy may be revoked, which will erase any protection that you were granted from your creditors. The laws surrounding chapter 13 bankruptcy are quite complex. Should you ever have to file for bankruptcy, hire a bankruptcy attorney who can guide you through the process. Even though your finances may be tight, hiring a bankruptcy lawyer can save you time and make sure that your interests are protected in the wake of your looming bankruptcy.

In most cases, civil restitution is not relieved by bankruptcy. However, an objection must be filed with the bankruptcy court to recover the restitution.

There are many companies who can help with debt. Most attorneys handle bankrupty but are not debt consolidators so if you are not declaring bankruptcy it is better to try to a debt consolidation company.


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