Feb2nd
Tuesday, February 2nd, 2010
Filling out bankruptcy forms can be one of the most difficult parts about filing for bankruptcy, although these forms are a necessary evil to complete the legal process. Unfortunately these legalities can add major emotional stress to an already difficult situation. Especially if you have decided to go about filing on your own, without the help of a lawyer or financial service company, you may find yourself overwhelmed with trying to understand which bankruptcy forms are right for which chapter.
If you are an individual who is filing for bankruptcy, most likely you will be filling out bankruptcy forms specifically dealing with either Chapter 7 or Chapter 13. Even as a business you may be filing for Chapter 7 or Chapter 13, although you may be filing for Chapter 11 as well. In any case, there are separate forms that need to be filled out with each particular chapter stating the intention to file bankruptcy under that chapter.
The individual or business may also have other special bankruptcy forms that go along with a particular chapter. For instance, Chapter 13 and Chapter 11 are reorganization chapters and will require a form that discusses how and when creditors will gather to meet and discuss the finances of the individual or business for repayment plans. If the individual is filing for a complete liquidation, Chapter 7, forms for possible exemption of assets will need to be filled out if the debtor plans to keep any of their personal belongings.
In all cases, the debtor will be required to file bankruptcy forms regarding a statement of petition, a list of creditors, personal income, personal property, and Declaration of penalty under perjury. These forms will simple let the courts know of the individual or business’ plan to file, the assets the debtor has available, the current available income, and the debtor’s knowledge that lying about finances will have legal consequences.
With the new age of technology, all bankruptcy forms are available through the United States court system at http://www.uscourts.gov/bkforms/bankruptcy_forms.html. Of course the availability of the forms does not necessarily mean that all individuals or businesses will clearly understand which forms apply to them. If you are confused about which forms to fill out, don’t be afraid to ask the court system for help.
Unfortunately the court system may be overwhelmed with other cases they feel are more important making it difficult to find answers to bankruptcy form questions. In this case, you can always consult with a legal aide, a bankruptcy attorney or even a financial service organization that can help you understand the paperwork better.
Even if you don’t plan on hiring an attorney to handle the case for you, it may be worth the time and energy to consult them regarding the paperwork that goes along with the process. You may also want to consider a bankruptcy service organizations online, which can help answer questions and guide debtors through the process.
Keep in mind that each state court system has secretaries available who can type up the forms for you, although there will be an additional charge for this service. Most law firm or legal aide organizations have similar services that may be beneficial in helping debtors get through the process of filing bankruptcy forms.
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Jan29th
Friday, January 29th, 2010
Finding yourself in a difficult financial situation can be scary. Facing the possibility of dealing with bankruptcy can be even scarier, especially since most individuals or businesses don’t spend time making themselves aware of the legalities that go along with the process. Since many debtors are ashamed of the situation, they often fear asking too many questions regarding the process. As bankruptcy is one of the most important financial decisions a business or individual will ever make, it is essential to have correct bankruptcy information before getting starting with the process.
The federal court systems in the United States deal with all bankruptcy information and set the laws regarding the process. This does not mean that an individual has to go to Washington D.C. to file though, as each state will deal with individuals and businesses during proceedings. This may mean going all the way to the state capitol though. The federal laws on bankruptcy information state that these laws are in place simply to give an honest, but fallible debtor a fresh start.
One of the most important pieces of bankruptcy information to know is that the courts don’t come to the individual or business to file, the individual or business goes to the courts. Simply by filing a petition called a Statement of Intentions, the debtor lets the court system know that they are applying for bankruptcy.
Just because a debtor files the Statement of Intentions does not always mean they will go all the way through the legal system. The courts will need to gather important bankruptcy information through forms that will need to be filled out by the debtor. These forms allow the courts to review a debtor’s credit history, list current creditors and the amounts of the debts, as well as current and past work history. From this the federal court system will make a determination as to whether or not a debtor can proceed with the court case.
Keep in mind that the debtor does not have to hire an attorney to represent them through the proceedings, although attorneys can be a great source of knowledge regarding bankruptcy information. Many debtors are scared to hire an attorney because of additional charges that they cannot afford, but most attorneys are reasonably priced due to the circumstances. Often times attorneys will not charge a fee for an initial consultation when the debtor is simply trying to acquire bankruptcy information.
Unfortunately, most of the general public does not have a thorough understanding of bankruptcy information. This causes misconceptions regarding bankruptcy. One of the major misconceptions of bankruptcy is that all possessions are taken and repossessed by the courts. Since there are many different chapters of bankruptcy, there are also many different takes on repaying debts, and only Chapter 7 requires a complete liquidation of assets. Even with Chapter 7, debtors are allowed exempts, or items that are necessary for living.
One more important piece of bankruptcy information to keep in mind is that there is a new bankruptcy law in place called Bankruptcy Abuse Prevention and Consumer Protection Act. This law was implemented in 2005 to stop fraudulent bankruptcy claims and may make it more difficult to convince the courts of a claim.
Although filing for Chapter 13 and Chapter 11, or reorganization plans, have not changed that much, filing for Chapter 7 has becoming increasingly difficult. Previously, debtors were not required to take courses on debt, but with the new law in place, Chapter 7 debtors are required to take Credit Counseling and Financial management courses before the process can be completed.
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Jun2nd
Tuesday, June 2nd, 2009
They say that knowledge is power and so far, I have yet to see it proven false. Of course, there’s another old adage that says what you don’t know won’t hurt you, but hello? That’s like prolonging the inevitable and since we’re talking about clichés, I’ll use another one: the truth would always come out, secrets don’t last forever and no stones are left unturned.
But enough about clichés or we’ll never end. So with the point of knowledge being power now established, we jump to what we should know more about and that’s debt consolidation. It’s the Age of Information today, so information of just about anything and everything under the sun, debt consolidation included, abounds. It wouldn’t hurt to know more about debt consolidation before figuratively jumping to the boat.
Where to find the information?
That’s easy. First you hit the Internet. I say, there is nothing about anything that can’t be found in the Internet. It’s only a matter of typing the right keyword and looking at the right places. With debt consolidation, it’s better to choose information that does not come from debt consolidation companies themselves. Over the internet, you can find various kinds of information available, ranging from the pros and cons to the list of debt consolidation companies you should avoid. Second place to look for more information would be magazines. Business magazines, in particular. Learn from the experts and see what they have to say about debt consolidation. Check the dailies, too, for information regarding debt consolidation. Third is to ask around. Go to government facilities that entertain inquiries regarding financial help. Ask your bank for information about the debt consolidation programs they have. You can even ask your friends or people whom you know have tried debt consolidation. Firsthand information is always better than secondhand. And lastly, go avail yourself of those free consultations being offered.
What information should you look for?
Definitely, you should search for information that’s relevant, like the pros and cons and tips on choosing the right debt consolidation firm. If you know of a debt consolidation company but are not sure of its reputation, then by all means, look for information about the said company. Ask information about debt consolidation rates so you can compare them and see what works best for you. Get more information about the different debt consolidation programs available.
If you decided to take one of the free consultations being offered, this is a good opportunity to use the information or data you have gathered regarding debt consolidation. Ask everything that comes to your mind because it’s better to know more than the other way around. And since we’re talking about money here, you really have to gather as much information about debt consolidation as possible. Statistics would probably tell you that one of the major reasons of businesses falling apart is the fact that they’ve either made hasty decisions or they didn’t think things through clearly enough. You wouldn’t want that to happen to yourself, would you?
So it’s better to take your time reviewing the information you have, studying the alternatives and options at hand and then make a decision based on logic and not entirely on gut instincts alone.
For more information on debt, visit http://www.debt-guides.info
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