Debt settlement by far. If you go through bankruptcy, you may still owe and have to pay the debts, AND you will have this ugly mark on your credit rating that will haunt you for the next seven year or longer. Best option is not to go into debt. Pay cash whenever possible.
Square One Debt Settlement is actually one of the few debt settlment companies accredited by TASC (The Association of Settlement Companies) and their BBB rating is B-, which the BBB says still makes them a reputable company. The debt settlement industry sprang up as a result of the bankruptcy laws changing several years ago - it is now very hard to qualify for Chapter 7, which wipes out all of your debts. A good debt settlement company can settle your debts for 40% or better, while Chapter 13 bankruptcy usually requires that you pay back 40 - 60%, and is on your credit report for 7 years longer. There are a lot of unscrupulous debt settlement companies out there as this industry is in its infancy, so you have to check them out.
Yes. But in California, you can not have more than ~$330,000 of unsecured debt if you are going to file for Chapter 13. Check your local bankruptcy rules to see if you qualify for chapter 13 bankruptcy based on your debt.
No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.
A charge-off is a tax-related matter and has nothing to do with bankruptcy. The debt is still owed.
Yes, you can file for bankruptcy in California even if you have a civil judgment for contractually liable debt. Filing for bankruptcy can potentially discharge or restructure that debt, depending on the type of bankruptcy you file (Chapter 7 or Chapter 13). However, certain debts may not be dischargeable, and it's important to consult with a bankruptcy attorney to understand the implications of your specific situation.
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
Square One Debt Settlement is actually one of the few debt settlment companies accredited by TASC (The Association of Settlement Companies) and their BBB rating is B-, which the BBB says still makes them a reputable company. The debt settlement industry sprang up as a result of the bankruptcy laws changing several years ago - it is now very hard to qualify for Chapter 7, which wipes out all of your debts. A good debt settlement company can settle your debts for 40% or better, while Chapter 13 bankruptcy usually requires that you pay back 40 - 60%, and is on your credit report for 7 years longer. There are a lot of unscrupulous debt settlement companies out there as this industry is in its infancy, so you have to check them out.
If the referrence is to a consolidation loan then that depending on the party's financial situation would be a better choice than BK. If the issue is whether a chapter 7 or 13 BK is the best choice, it is always preferable to pay debts even partially. However both are detrimetal to credit history. A 7 remains for 10 years a 13 when satisfactorily discharged remains for 7.AnswerAlways debt consolidation is far better. Bankruptcy should be your last resort as it affects your credit score badly for years to come. In debt consolidation you pay the debt consolidation company the repayment amount and they will inturn pay your creditors in such a way that your rate of interest is reduced. You can even go for debt settlement where your debt levels are reduced.
Yes. But in California, you can not have more than ~$330,000 of unsecured debt if you are going to file for Chapter 13. Check your local bankruptcy rules to see if you qualify for chapter 13 bankruptcy based on your debt.
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"Bankruptcy" does not take anything. The Chapter 13 Trustee is the one who "takes" anything there is to be taken. And, no, your settlement - if you mean a retroactive check for disability (SSDI) - is not available to the trustee. If you are talking about a settlement of a lawsuit, probably not, unless the cause of action existed at the time you filed the c. 13 and did not exempt any possible award. Talk to your bankruptcy lawyer.
Question is unclear but - any debts which you incurred before bankruptcy filing but were not presented until AFTER your bankruptcy petition is accepted, are subject to the bankruptcy. HOWEVER - after the bankruptcy has been filed, you may NOT go out and incur NEW debt. Any newly incurred debt will NOT be protected by the bankruptcy shield.
No they cannot, as long as you included them in your bankruptcy. They would be in violation of Federal Law, and liable to suit and possible penalty from the bankruptcy court. The bankruptcy attorney, or the trustee should be notified about any collections on a bankruptcy account.
Declaring bankruptcy does not allow you to go out and spend money without having to pay it back. Yes, the debt is not covered by the Chapter 13 filing, so they can do what they can to collect the new debt.
The laws relating to bankruptcy in Texas are Chapter 7 and Chapter 13. Chapter 7 will completely relieve one of all major debt and allow for one to keep their house and one car. Chapter 13 is better if one fits into and has a steady income as it gives one the breathing room need to help one get out of debt without being completely over taken by their debt.
In general, NO -- some types of debt can "follow you" perpetually, and there might be variations due to laws of the state of jurisdiction. If you are considering filing bankruptcy (and don't have enough equity in assets that you could liquidate to pay a settlement on the debt); an excellent primer about either chapter 7 or 13 bankruptcy is "The New Bankruptcy, will it work for You?" 3rd edition by Stephen Elias, published in 2009 by Nolo; 346.078 E42N Dewey decimal. Also you might contact a paralegal or lawyer specializing in filing bankruptcy in the state of jurisdiction.
A Chapter 13 lawyer specializes in a specific type of bankruptcy law known as Chapter 13. When filing for any type of bankruptcy, it is typically necessary to get in touch with a lawyer in order to make sure that the debtor is able to receive the maximum benefit from the proceedings. Generally speaking, it is usually better to work with an attorney who specializes in the specific type of bankruptcy that is being filed for. Chapter 13 bankruptcy can be thought of as a form of debt reorganization. This is opposed to liquidation, in which an individual sells off all of their assets in order to pay of the debts that they can. For individuals who can demonstrate an ability to pay off some or all of there debt, but in a different time frame than the original contract required, this may be a better choice. For those who are hoping to keep their property, such as their home and car, this is typically a better option than Chapter 7 bankruptcy. Both Chapter 7 and Chapter 13 bankruptcy are for individuals, not businesses, which typically file for Chapter 11. With Chapter 13 bankruptcy, you first must visit with a credit counselor and give information about all of your debt. A list of monthly expenses is also required. Any money that is left over will be used to pay off your existing debts. Debt to employees, taxes, child support, and so on take the highest priority. Second priority debts are secured debt, like car payments. Unsecured debt, like credit cards, comes last. When you file for Chapter 13, creditors can no longer take legal action against you. The Chapter 13 lawyer will field all calls regarding the debt. If you fail to file for bankruptcy before your home goes into foreclosure, your home can still be compensated. To qualify, the about of debt is limited. Generally, you can not owe more than $900,000 in secured debt and $300,000 in unsecured debt. You must be able to demonstrate that you can repay the debt. Have a Chapter 13 lawyer look over your information to ensure that it is possible for you to handle the payments. If you find yourself in a situation where you are unable to honor the new payment plan, the court may allow you to convert the Chapter 13 bankruptcy into Chapter 7 bankruptcy. At the end of the bankruptcy period, most of your debts will be erased, although child support, alimony, and student loans typically will still need to be repaid.