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You may not get that, but in some cases, bankruptcy can mean Freedom!
Credit card companies and collection agencies can hound you for cash, but they already have enough cash. In the process, they also cause you stress and can damage your credit for life.
If you’re trying to pay your bills or have to decide between paying a bill and paying your mortgage, call Nashawaty & Rand. We’re dedicated to serving the citizens of Braintree MA, Boston MA, Quincy MA, Weymouth MA, Milton MA, Brookline MA, Dedham MA, Norwood MA, Newton MA, Cambridge MA, Somerville MA, Medford MA, Brockton MA, Franklin MA, Norfolk County MA and we are all set to listen to you and prepare a plan of action for you debt free. Do not wait. Pick the phone up today!
Our Hardworking Attorneys Have Been Helping Businesses and Families Through Bankruptcy for Over 25 Years
READY TO GET STARTED?
If you are seeking help with a financial crisis or disabling injury, we are here to listen. We want to provide you with the support and guidance that will maximize your rights under the law. Contact us now, and we promise to listen carefully to your story and give you the best legal service possible.
Why Choose Nashawaty & Rand?
Nashawaty & Rand serves residents from the South Shore (Braintree, Weymouth, Milton, Quincy, Randolph, etc.), Greater Boston (Boston, South Boston, Dorchester, Mattapan, etc.), and many other towns and cities across Massachusetts making it convenient for individuals in many areas to utilize our professional legal services. We understand that you have many options available when choosing a bankruptcy attorney; however, selecting the right one will only help to increase your chances of success.
Bankruptcy is not the end of the world. Bankruptcy is not the end – it’s a new beginning!
A number of our customers feel about filing a bankruptcy case angry or afraid. Please note that there is no reason to feel it means you are a failure or to have feelings of submitting. Very likely you’ve got friends, neighbors and coworkers have registered, and you just don’t know about it. Additionally, many people and companies have gone bankrupt including:
When you get a discharge of your debts from the bankruptcy court, that means your case is concluded, and you may start to enjoy a fresh start in your budget.
Chances are a significant part of what America was built on and remains a powerful tradition in the United States. At this time, you’ll have an opportunity to begin rebuilding your credit, including saving money and building for your financial future that is secure.
You may choose to fix and rebuild your credit after your bankruptcy is concluded. The thing that you can do to rebuild and fix your credit is to pay your bills. This would include paying lease or your mortgage on time, paying your electric, telephone, vehicle and other utility bills.
Another option you might have is to find a credit card that is secured. This is a credit card issued to you by a bank, where you ship them how much money you want for a line of credit. You make charges and get a bill, exactly like a normal credit card. Each month, you pay the invoice on time, and it is possible to ask the bank to flip that credit card into a regular credit card after making payments on time. Doing this might help you reconstruct a credit history. This procedure doesn’t happen overnight, but your credit will improve over time if you’re currently taking steps in the ideal path. Among the greatest advantages going in your favor, is that new credit card companies and creditors will understand you’ve concluded a bankruptcy and have no more debt, so they see you as an individual with very little or no more debt, which will be a good thing.
Take Charge of Your Future
What Happens When You File Bankruptcy? Bankruptcy is a legal life line for people. Consumers and businesses petition courts to discharge them. In a vast majority of cases, the request is granted.
What is Bankruptcy? Bankruptcy is a court proceeding where a judge and court trustee examine the resources and liabilities of individuals and companies who can’t pay their bills and decide whether to discharge those debts so they are no longer legally required to cover them.
Bankruptcy laws were written to provide individuals whose financing collapsed, an opportunity to start over. Whether it was luck or poor decision-making, lawmakers could see that in a capitalistic market, customers and businesses who neglected, need a second chance. And they nearly all get it!
The American Bankruptcy Institute (ABI)researched PACER stats (public court records) by 2016 and found that 95.5 percent of the 499,909 Chapter 7 bankruptcy cases determined that year were discharged, meaning the individual was no longer legally required to cover the debt.
Only 22,388 cases were dismissed, meaning like the individual had sufficient funds to cover his/her 23, that the court or judge trustee felt.
People who used Chapter 13 bankruptcy, best known as”wage earner’s bankruptcy,” were about broken in their success. Slightly over half (166,424) were discharged, and 164,626 were dismissed.
Who Declares Bankruptcy? The individuals and don’t see that changing and business who file for bankruptcy have a lot more debts than money. In 2015, bankruptcy filers owed $113 billion and had assets of $77 billion, the majority of that being property holdings, whose real value is problematic.
What’s astonishing is that individuals — not companies — are the ones looking for help. They’ve taken like auto loan a mortgage or student loan on financial obligations — or maybe all three! — and do not have the money. You will find 844,495 bankruptcy cases registered in 2015, and 97% of these (819,760) were filed by individuals.
Businesses in 2015 registered only 24,375 bankruptcy cases. The majority of the individuals filing bankruptcy were not wealthy. The median earnings for the 819,760 individuals who filed, was only $34,392 and expenses were only $30,972. It is important to understand that while bankruptcy is a chance to start over, it certainly impacts your charge and future ability to make use of money. It may check or postpone foreclosure on a home and repossession of a vehicle, and it can also stop wage garnishment and other legal actions lenders use to collect debts, but in the long run, there is a cost to pay.
When Should I Declare Bankruptcy?
There’s no”ideal” time, but there’s a great guideline to remember while you’re asking yourself the question: should I file for bankruptcy? If it is likely to take more than five years for you to pay off all your debts, then it might be time to declare bankruptcy.
The thinking behind that is that the bankruptcy code was set up to give people another chance, not to penalize them. If some combination of mortgage debt, credit card debt, medical bills, and student loans has crushed you fiscally and you do not find that image changing, bankruptcy might be the best alternative. If you don’t qualify for bankruptcy, there is still hope.
Other potential debt-relief options contain a debt management plan or debt settlement, but both of those generally need 3-5 years to resolve, and one guarantees all of your debts will be settled when you complete.
Bankruptcy carries some significant long-term penalties because it is going to remain on your credit report for 7-10 decades, but there’s an excellent mental and emotional lift when you’re given a fresh start, and all of your debts are removed.
Would You Declare Bankruptcy?
The reason for declaring bankruptcy is to start all over again with a fresh slate. But, there’s a motive for filing which may ease some of the tension. Declaring bankruptcy will stop the phone calls, letters and other efforts to contact and collect from you. Legally, it is referred to as”the automatic stay.” It means that lenders are prohibited from filing a lawsuit against you or inputting liens against your house or calling you to get a payment on the debt. It prevents things such as wage garnishments and eviction, utility disconnection.
Bankruptcy is a very long – tormenting situation. The procedure takes six months or more to complete as soon as you have filed. Before, and during that time, your pals or office and you, have received phone calls from debt collection agencies hoping to settle your accounts. Those calls should stop as soon as you declare bankruptcy.
Bankruptcy in the USA
Like the market, there’s a rise and fall to bankruptcy filings in the U.S. The two areas connected as jelly and peanut butter.
Bankruptcy peaked in 2005 with just over two thousand filings. That’s the year that the Bankruptcy Abuse Prevention and Consumer Protection Act has been passed. That law was meant to stem the wave of customers and businesses too eager to just walk away from their debts.
The number of filings dropped 70% in 2006 to just 617,660, but the market tanked, and bankruptcy filings climbed quickly to 1.6 million in 2010. They retreated again as the market improved and also have gone down 50% through 2016.
What’s Filing for Bankruptcy
Filing for bankruptcy is a legal process that either reduces, restructures or eliminates your debts. Filing bankruptcy is the very first step. You can file by yourself, or you can file with a lawyer. Bankruptcy costs include lawyer fees and filing fees. If you file on your own, you will still be responsible for filing penalties.
Steps to Apply for Bankruptcy
Bankruptcy isn’t merely a matter of telling a quote “I am broke!” And throwing yourself. There is a process — a sometimes confusing, sometimes complicated procedure — that people and companies must wade through to succeed.
How to File for Bankruptcy
It starts with listing them — and also compiling all of your records — expenses, assets, debts, income. This not only gives you a better understanding of your situation but also gives anyone helping you (and finally the courtroom ) a much better understanding.
The next step is to obtain credit counseling within 180 days before filing your situation. This is a required step. You have to obtain counseling from a licensed supplier listed on the United States Courts site. Counseling agencies provide this service online or over the telephone.
The courts would like you to do this to be sure you have exhausted all possibilities of finding another way to take care of your problem. It is important to understand that credit counseling is required. You will get a certification of completion from the course, and this must be part of the paperwork once you declare bankruptcy or your filing will be rejected.
Next, you record the petition for bankruptcy. If you haven’t done so at this point, this could be where you realize you need to locate a bankruptcy lawyer. Legal counsel isn’t a requirement for individuals filing for either Chapter 7 or Chapter 13 bankruptcy, but you are taking a serious risk if you choose to represent yourself.
For one thing, you might not know federal or state bankruptcy laws or be aware which laws apply to your situation, especially regarding what debts can or can’t be discharged. Judges aren’t allowed to provide guidance, and neither is the court workers involved in a case.
There also are lots of forms to complete and some important differences between Chapter 7 and Chapter 13 which you ought to be aware of when making conclusions. In the end, if you do not understand and follow the proper procedures and rules in court, then it could impact the outcome of your case.
If your petition is accepted, your case is assigned. You have to attend the assembly. However, the creditors do not have to be there. This is a chance for them or the court Duties questions regarding your case.
If you can’t afford to hire an attorney, you might have choices for free services. If you need assistance finding a lawyer or locating free legal services, consult the American Bar Association for resources and data.
Kinds of Bankruptcy: There are several types of the most common being Chapter 7 bankruptcy for which individuals or married couples may document and Chapter 13.
Chapter 7 bankruptcy is an opportunity to receive a court judgment which releases you from responsibility for repaying debts. You are permitted to keep key assets, considered”exempt” property; however, “non-exempt property” will be offered to repay a part of your debt.
Property exemptions vary from state to state. You may decide to follow state law or federal law, which might allow you to maintain possessions.
Examples of exempt property include your house, vehicle that you use to get work, equipment you use in the office, Social Security checks, pensions, veteran’s benefits, welfare, and retirement savings. These items can’t be sold or used to repay debt.
Non-exempt property includes things like money, bank accounts, stock investments, coin or stamp collections, another car or next house, etc.. Non-exempt items will be liquidated, and the proceeds used to repay lenders.
Your resources will be offered by a court-appointed bankruptcy statute. The profits go toward paying the deductions, covering penalties and repaying your creditors as far as possible.
Chapter 7 is the most popular type of bankruptcy, making up 63 percent of bankruptcy cases in 2015.
Chapter 13 bankruptcies make up roughly 30% of non-business bankruptcy filings. A Chapter 13 bankruptcy involves repaying some of your debts to get the remainder forgiven. This is an option for people who do not want to give up their property or are not eligible for Chapter 7 because their income is too large.
People can file for bankruptcy under Chapter 13 if their debts don’t exceed a specific volume. The cutoff is reevaluated periodically, so consult a credit or attorney counselor for the most up-to-date statistics. For your creditors, you must design a three – to five-year repayment strategy under Chapter 13. The debts are erased once you complete the plan.
Most people do not complete their plans. Debtors may choose to pursue a Chapter 7 bankruptcy While this happens. If they don’t, creditors can resume their efforts to collect the complete balance.
Different Kinds of Bankruptcy: Chapter 9: This applies only to cities or towns. While the town develops a strategy for handling its debts, it protects municipalities. This typically happens when industries shut, and people leave to find work elsewhere. You will find 20 Chapter 9 filings in 2012, the most since 1980. Detroit is now the greatest city ever to document Chapter 9 and was among those submitting in 2012. Detroit’s GDP shrunk by 12.2percent in the ten years before declaring bankruptcy. The typical significant subway growth at that time was 13.1%.
This is designed for businesses. Chapter 11 is often known as”reorganization bankruptcy” because it provides businesses an opportunity to stay open while they restructure the business’ assets and debts so that it can pay back creditors. This is used primarily by large corporations such as Circuit City, General Motors and United Airlines, but may be used by any size business, including partnerships and people, in certain rare cases. The majority of the decisions are made with consent from the courts although the business continues to operate during bankruptcy proceedings.
Chapter 12: Chapter 12 applies to”family farms” and”family fishermen” and allows them to propose a plan to refund all or part of their debts. The courtroom has a definition of who qualifies on receiving annual income as a farmer or 23, and it’s based. Debts for individuals, partnerships or corporations filing for Chapter 12 can not exceed $4.03 million for farmers and $1.87 for sailors. Though allowances are made for its seasonal nature of fishing and farming the repayment program has to be completed within five decades.
Chapter 15: Chapter 15 applies to cross-border bankruptcy cases, where the debtor has assets and debts both in the United States and in another country. This chapter was added as part of the Bankruptcy Abuse Prevention and Consumer Protection Act to the bankruptcy code in 2005. Chapter 15 cases start as insolvency cases in a foreign country and make their way to the U.S. Courts to attempt to protect financially troubled businesses from moving under. The U.S. courts restrict their range of power in the case to only the resources or persons which are in the USA.
Consequences of Divorce
The overriding principle of insolvency is that it provides you a fresh start with your finances. Chapter 7 (known as liquidation), wipes off debt by selling the majority of your possessions. Chapter 13 (known as the wage earner’s plan) allows you to develop a 3-5 year plan to settle all your debt and maintain what you have.
Both equal a fresh start.
Yes, filing for bankruptcy affects your credit score. Bankruptcy stays on your credit report for 7-10 decades, determined by which type of bankruptcy you file under. For example, Chapter 7 (the most common) is on your credit report for ten years, while a Chapter 13 filing (second most common) is there for seven years.
During this time, a bankruptcy discharge can keep you from obtaining lines of charge and might cause problems when applying for jobs. If you’re thinking about bankruptcy, your credit report and credit score probably are damaged already. Your credit report may not endure more damage, particularly if you always pay your bills.
Because of the consequences of insolvency, some specialists believe it beneficial when you have more than $15,000 in debts.
Where Bankruptcy Doesn’t Help
• Bankruptcy does not erase all fiscal responsibilities.
• It Doesn’t release the following Kinds of obligations and debts:
• Federal student loans
• Alimony and child support
• Debts that arise after bankruptcy is filed
• Some debts incurred in the six months Before filing bankruptcy
• Loans obtained fraudulently
• Debts from personal injury when driving drunk
It does not protect those who co-signed your debts. Your co-signer consented to cover your loan if you didn’t or couldn’t pay. Your might be obligated to cover all or a part of your loan If you declare bankruptcy.
What’s Going to Happen to My Home and Car After Bankruptcy?
In many cases, you won’t lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. If your property isn’t fully exempt, you’ll have the ability to keep it, even if you pay its non-exempt value to creditors in chapter 13. But some of your creditors may have a”security interest” in your home, automobile or other personal property. This means that you gave that creditor a mortgage on the house or put your other property up as collateral for the debt. Bankruptcy doesn’t make these security interests go away. If you don’t make your payments on that debt, the lender may be able to take and sell your property or the house, during or after. There are several ways that you can keep collateral or mortgaged property after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full, or you can pay the creditor the worth amount. In some cases involving fraud or other improper conduct by the creditor, you may be able to dispute the debt. If you set up your household goods as collateral for a loan (other than a loan to buy the goods), you can usually keep your property without making any more payments on that debt.
Can I Own Anything After Bankruptcy ?
Yes, Many men and women believe they cannot have anything for some time. This is not correct. You can keep your exempt property and anything. But if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after your bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
Must I Go to Court ?
In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” a.k.a.” 341 meeting” to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time will be a brief and simple process where you’re asked a few questions about your bankruptcy forms and your financial situation.
Occasionally, if complications arise, or if you choose to dispute a debt, you might have to appear before a judge at a hearing. In the event you need to go into court, you will receive notice of this court date and time from the court and the attorney.
The Bottom Line:
Bankruptcy will be thought of as a negative in your credit file, at least for 7 to 10 decades. There’s absolutely no way around that. Bankruptcy does not erase a bad credit history, but it does give you another opportunity. Do not waste it. Demonstrate you’ve learned a lesson regarding personal finances, and your credit score will begin to reflect that.
Remember, you have a right to bankruptcy and still, come back strong. You can emerge from bankruptcy including all the financial rights and rights you want to be successful.
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