Becoming unemployed, or a cutback in hours, is one of the top reasons why many people file for bankruptcy. Being unemployed without a steady source of income is a tough situation for anyone. By law, you do not have to be employed to file for bankruptcy. However, if you are unemployed your job status can affect the outcome of your bankruptcy. Continue reading
It is not uncommon for an individual to file bankruptcy, and then need to refile at a later date. For instance, your plan payment under a Chapter 13 bankruptcy (a reorganization) may have been too large. Or you may have additional unforeseen circumstances such as reduced income that caused you to become dependent on credit.
If you are in over your head with debts and are having trouble keeping up with your payments, you may choose to file for bankruptcy. Bankruptcy can offer a chance for consumers to get a fresh start. A Chapter 7 bankruptcy erases most unsecured debts, such as credit card debt and medical debt. A Chapter 13 bankruptcy is a reorganization and allows the consumer to reorganize their debts into manageable payments.
Many consumers who file for bankruptcy want to get rid of all of as many of their debts as possible, but may also want to retain one credit card. You may have a credit card that you only owe a small amount of money on that you want to keep open because it provides you with a lot of perks, such as airline miles or cash back.
It’s not uncommon for consumers to get in over their heads with debt and consider filing a Chapter 7 bankruptcy. Chapter 7 bankruptcy is a discharge in which the debtor’s debts are completely discharged. A debtor must meet certain requirements to be eligible to file a Chapter 7 bankruptcy.
Some consumers may fear that if they file a Chapter 7 bankruptcy, the car loan lender may repossess his or her vehicle. Normally, during a Chapter 7 bankruptcy, the car loan lender is prohibited from repossessing your vehicle or trying to collect the debt owed on the vehicle. That is called an “automatic stay”, and it makes it illegal for most creditors to continue any collection activities.
Unfortunately for you, many tax debts cannot be discharged in bankruptcy. However, filing for bankruptcy can at least temporarily halt the IRS from attempting to collect the debt from you. Whether you are filing a Chapter 7 or a Chapter 13 also has an impact on how your tax debt is treated.
When you file for bankruptcy, whether it’s a Chapter 7 or a Chapter 13, an automatic stay is created. The automatic stay prevents most creditors, including the Internal Revenue Service, from continuing or starting any debt collection activities against you. If a creditor wants to continue trying to collect a debt, it must get permission from the court in order to legally proceed. However, when your case is dismissed, or if your debts are discharged, or if the court agrees to lift the automatic stay, the automatic stay ends and your creditors can continue attempting to collect any outstanding debts.
When someone goes a long period of time without a job, bankruptcy can be the inevitable result. For most people, it’s hard to stay current on bills without any money coming in. Once debt starts to pile up, it can be hard to get out of it, which can lead to a bankruptcy. Under federal bankruptcy law, there is no requirement that a debtor must be employed. However, being unemployed can affect the success of your bankruptcy filing in some cases.
Individuals typically file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. In a Chapter 7 bankruptcy, the unsecured debts such as credit cards and medical bills are wiped out. In most situations, creditors do not receive anything because there is no property that can be taken and sold. Because of the nature of a Chapter 7 bankruptcy, debtors have to pass a means test to be able to qualify for a Chapter 7. This means that your income will be compared against the state median income. If you have too much income, you may be disqualified unless you also have very high allowable expenses. If you are unemployed, you will obviously be below the income limitations, even if you are receiving unemployment compensation.
For most people filing for a Chapter 7 bankruptcy, one of their biggest worries is their vehicle. If a person loses a vehicle in a bankruptcy, he or she loses a way to get to work and will then have even more financial difficulties.
If you are in Chapter 7 bankruptcy, your car lender cannot repossess your car or otherwise try to collect the debt without getting permission from the court. The reason is the automatic stay – when a Chapter 7 bankruptcy is filed, an automatic stay is created. An automatic stay makes it illegal for most creditors to attempt to collect debts.
However, your lender can ask the bankruptcy court to lift the automatic stay in order to repossess your car. In order to do this, the lender must file a “motion for relief from the automatic stay”. In the motion, the lender has to show that it’s a party to the bankruptcy as a creditor, that it has a right to repossess the car, and that its interests are not being properly protected because you are not making timely loan payments.
Debt resolution is settling a debt with a creditor for less than is owed on the debt. Bankruptcy means filing papers in court stating that you are bankrupt, and asking the court to either discharge your debts or to reorganize the debts into more manageable payments.
Debt resolution is a good option for some people. Normally, you will have to have a sufficient monthly income, or you may be asked to make a lump sum payment to settle the account. That may mean that you have to stop all payments on accounts and save money until you have enough to make a settlement offer. This could damage your credit and cause you to be sued in court by creditors.
Many people who are considering filing for bankruptcy are unsure which type to file, especially if they do not have a bankruptcy attorney to assist with the case. Most individuals file either a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. There are requirements that must be satisfied for each type of bankruptcy, and if an individual meets those requirements, he or she can choose which type of bankruptcy makes the most sense for the situation.
Many people think of bankruptcy as their golden ticket to freedom. They may be mired in debt with little income and few options, and decide to file for bankruptcy. They may schedule a meeting with a bankruptcy attorney or even choose to file bankruptcy themselves, only to find out that the majority of their debts cannot be discharged in bankruptcy.