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It is not simple to make a choice to file for bankruptcy. However, a bankruptcy filing could be the best approach to your debt and financial problems. Filing bankruptcy has several advantages that other debt-relief options do not offer.
There a lot of benefits when you file for bankruptcy but there are also few drawbacks. Our Washington & Oregon bankruptcy attorneys will go over all of the benefits and drawbacks of filing bankruptcy Chapter 7. This will help you weigh the available options for your bankruptcy case.
- What are the benefits of filing bankruptcy under Chapter 7?
Struggling with debt problems is extremely stressful. By filing Bankruptcy Chapter 7, you can have emotional relief by reducing the anxiety that comes with worrying about how you will pay your debts and living expenses.
Filing Chapter 7 allows debtors to have a fresh start to rebuild their financial future. In a liquidation bankruptcy, the assigned bankruptcy trustee for your case will manage the sales of your nonexempt assets and allocate the funds to the creditors.
Liquidation bankruptcy could wipe-out an unsecured debt. Unsecured debts include medical bills, credit card bills, and personal loans. When you file under this chapter, it would usually take about four to six months (unlike a reorganization case that takes three to five years). Another benefit is that you will not be required to make monthly payments to your trustee in bankruptcy Chapter 7.
Once your bankruptcy petition has been approved by the bankruptcy court, an automatic stay shall be effective. It prohibits creditors to demand payments from you. An automatic stay will essentially stop wage garnishment and protect you from creditor harassment.
After a debtor files for bankruptcy, he will eventually be able to qualify for credit. The debtor may pay a much higher interest rate but as the credit rating improves, your ability to borrow loans with a lower rate will increase as well.
With filing a bankruptcy case, you would soon start increasing your credit score. Creditors will no longer be able to report missed payments on your credit report and the outstanding balances will be zero.
Seeking legal help with our Washington & Oregon bankruptcy attorneys is important to understand basic bankruptcy laws and to prevent issues during the bankruptcy process.
- What are the drawbacks of a Chapter 7 bankruptcy declaration?
A bankruptcy proceeding could be a great help for you to pay back your debts. There are a few disadvantages of bankruptcy filing but an experienced bankruptcy lawyer can help you in dealing with these situations.
One of the disadvantages of filing bankruptcy is that debtors may lose their assets. This is specifically in bankruptcy cases under Chapter 7. The bankruptcy trustee will examine your properties to see if there is nonexempt equity in the property (that he or she will sell to repay your creditors).
For you to be qualified to file under this chapter, you must first pass the bankruptcy means test. Your eligibility will depend on your monthly income and living expenses. For assistance on how to file bankruptcy and pass the means test, consult a credible bankruptcy attorney.
When you declare bankruptcy, you will be required to undergo a credit counseling and financial management course. The completion of the courses is needed to file bankruptcy Chapter 7 and receive a bankruptcy discharge. The courses usually take up to 90 to 120 minutes and will teach you valuable financial management skills that will help you restore your credit rating.
Keep in mind that not all types of debt can be discharged when you file bankruptcy. Secured debt, child support, alimony, tax debt, and student loan debt, and criminal restitution are some examples of non-dischargeable debt.
Also, a legal lien like car loans and mortgages would not be eliminated by Chapter 7. You should continue paying the debt if you want to keep the collateral for the loan. However, you may choose to give up the collateral and have the debt discharged if you believe that it is in your best interests.
If you file for bankruptcy, the attorney’s fee and filing fee must be paid. Even if it may cost you a certain amount of money, it is definitely worth the excellent service they will provide.
Another drawback of bankruptcy filings is that they will stay on your credit report for ten years and will temporarily lower your credit score. But in a span of 1-2 years, the majority of debtors see an improvement in their credit score.
There may be advantages and disadvantages of filing bankruptcy depending on the financial condition of an individual. Trusted bankruptcy lawyers will go over the benefits and drawbacks of Chapter 7 as they apply it to your bankruptcy case. This will allow you to decide on how to resolve your financial problems.
For legal help and assistance, contact our Washington & Oregon bankruptcy attorneys at Northwest Debt Relief Law Firm for a free debt solutions consultation.
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The post Filing Chapter 7 Bankruptcy: What are the Benefits and Drawbacks? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.
When you are behind on a bill or owe back taxes, it might not seem like a problem initially. However, once a creditor obtains a judgment and they garnish your wages or your bank account, it becomes a real nightmare. While there are things you can do to try and stop a garnishment, including working […]
The post How Fast Can a Garnishment Be Stopped In California? appeared first on The Bankruptcy Group, P.C..
For many California residents, filing for bankruptcy is a lifesaver. When someone eliminates most of their debt through Chapter 7 or reorganizes their debt, while maybe saving their home, by filing for Chapter 13, they remove a significant financial burden. However, bankruptcy is not a “get out of jail” free card. In the case of […]
The post Can I Go On Vacation While In Chapter 13 Bankruptcy In California? appeared first on The Bankruptcy Group, P.C..
There is a good deal of misinformation concerning bankruptcy. People hear different myths and bits of incorrect facts about bankruptcy from friends, family members, and co-workers. Unfortunately, over the years, many of these misconceptions have wormed their way into the public consciousness. One question that has come up lately regards the average monthly payment required […]
The post What is the Average Monthly Payment for Chapter 7 Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..
If you owe a debt that is only in your name, you might believe that it is solely your responsibility and not your spouse’s. If your creditor decides to sue you, your wages could be subject to a wage garnishment. However, California is a community property state. Therefore, if a creditor has a judgment against […]
The post Can Creditors Garnish Both Spouses’ Wages in California? appeared first on The Bankruptcy Group, P.C..
The answer to whether or not you are able to keep your furniture when you file for bankruptcy in California is “it depends.” Some of the factors that will influence what happens to your furniture include the chapter of bankruptcy filed, the exemptions you pick, and the value of your furniture. However, in most cases, […]
The post Do I Keep My Furniture if I File for Bankruptcy in California? appeared first on The Bankruptcy Group, P.C..
Having an overwhelming amount of debt is extremely stressful and managing it alone is not easy. Before you consider filing bankruptcy, it is important to understand basic bankruptcy laws, how to file, and how the bankruptcy process works. You should seek help from our Washington & Oregon bankruptcy attorneys to assist you throughout the entire bankruptcy proceeding.
Bankruptcy is a legal proceeding that enables debtors to repay their debts. Filing bankruptcy gives you options on how to pay your debts to your creditors. There are different types of bankruptcy that you may choose from and your eligibility to file bankruptcy will be based on your monthly income, living expenses, and the types of debts that you owe. You should also pass the bankruptcy means test for you to be qualified to file for bankruptcy.
If you are considering bankruptcy, you should know the types of debt that are dischargeable such as unsecured debts, including credit card bills and medical bills. In contrast, non-dischargeable debts include secured debt, child support, alimony, tax debt, and student loan debt.
Also, you must decide on what bankruptcy option would be best for you. If you want to keep your properties while paying your debt, Chapter 13 bankruptcy could be the best option for you.
Filing for bankruptcy Chapter 13 or reorganization bankruptcy restructures the debt by enabling you to pay back creditors (in part or in full) over three to five years. The repayment plan is overseen by a bankruptcy trustee assigned by the bankruptcy court.
The responsibilities of a trustee in bankruptcy include the following:
- Evaluating the bankruptcy petition as well as the proposed payment plan
The proposed debt repayment plan lays out how you will be making payments to pay back your debts. It is the bankruptcy trustee’s responsibility to ensure that the repayment plan is fair and equitable to the creditors.
The trustee begins by evaluating the official bankruptcy forms at the start of the bankruptcy case and checking the details by comparing the statistics given on the official bankruptcy forms to the documentation that you will provide (right after the bankruptcy filing).
Your wages, monthly expenditures, assets, and debts are all listed on the bankruptcy petition. To validate an individual’s financial records, the bankruptcy trustee can use your tax returns, paycheck, bank statements, and other things you will be asked to provide for your bankruptcy case.
- Organizing the meeting of creditors
A debtor will be required to attend a creditors’ meeting which is overseen by the trustee around a month after you declare bankruptcy. Debtors will be questioned under oath regarding the facts on their submitted bankruptcy paperwork, schedule, and other related documentation.
You should expect to be questioned about your wages, properties, and any other important details about your bankruptcy petition. The creditors may ask questions as well.
If, for instance, further paperwork is needed, the trustee may postpone the creditors’ meeting to a later date. Otherwise, he or she would call the meeting to a close.
- Take part in the confirmation hearing
If a creditor or the trustee finds a flaw in your proposed debt repayment plan, they may object to its approval. You will have a limited amount of time to resolve the problem or draft a response to their opposition to the proposal. The bankruptcy trustee will be the one to testify at the hearing and inform the judge whether the proposal is realistic and has met all the requirements. The judge will make the final decision whether to validate or deny the proposal.
- Managing the debt repayment plan in bankruptcy filings
You should start making monthly payments to the trustee (following your payment plan) within thirty days of filing bankruptcy under Chapter 13. The repayment plan stays proposed until the bankruptcy court approves it and the bankruptcy trustee keeps the funds to be distributed to the creditors. Once the court approves the proposed repayment plan, the trustee will start distributing the funds to the creditors in compliance with the terms of the agreement.
The reorganization plan takes up to 3 to 5 years to complete. Until you complete the payment plan, the bankruptcy trustee will continue to receive your payments and distribute them to your creditors. The trustee must assess every proof of claim from creditors and keep track of all the funds collected and how much has been charged to every creditor.
- Objecting to inappropriate creditor claims
Within 70 days of the date of filing, lenders who wish to collect Chapter 13 funds should file a proof of claim with the court. The sum owed to the creditor is stated in the proof of claim, which often contains documents in the form of a contract.
Creditor claims are checked by the bankruptcy trustee, who may object to any claims that are wrongly filed or lack adequate paperwork. Other parties may also raise objections if there are any improper claims.
If you are struggling with debt and financial problems, consulting a trusted bankruptcy attorney is important, especially before you file for bankruptcy. Washington & Oregon bankruptcy attorneys are credible and experienced in handling bankruptcy cases. With their assistance, you may be able to prevent any legal issues during the bankruptcy process. By filing for bankruptcy, you will be allowed to rebuild your financial future.
Have a fresh start with your finances. Call our Washington & Oregon bankruptcy attorneys at Northwest Debt Relief Law Firm for a free consultation.
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The post Bankruptcy Chapter 13: What are the responsibilities of a Trustee? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.
CFPB Submits 2020 Report to Congress on the Administration of the Fair Debt Collection Practices Act
Report highlights commitment to protect consumers during the COVID-19 Pandemic
The Consumer Financial Protection Bureau (CFPB) released the 2020 annual report to Congress on the administration of the Fair Debt Collection Practices Act (FDCPA). The report highlights efforts by the CFPB and the Federal Trade Commission (FTC) to protect consumers, particularly those who have suffered profound financial impacts due to the COVID-19 pandemic. The CFPB and the FTC, along with state and federal partners, accomplished much toward stopping unlawful debt collection practices and continuing its vigorous law enforcement, consumer education and public outreach, and policy initiatives.
In 2020, the CFPB engaged in four public enforcement actions, arising from alleged FDCPA violations. The CFPB resolved two of these cases. The two judgments ordered nearly $15.2 million in consumer redress and $80,000 in civil money penalties. Two cases remain in active litigation. Among other highlights, the report notes the following CFPB accomplishments:
- Identified several issues that raise the risk of consumer harm during the COVID-19 pandemic through its supervisory Prioritized Assessments;
- Published content to help consumers financially navigate the COVID-19 pandemic, including on debt collection, that has been accessed by users approximately 4.3 million times;
- Provided consumer debt collection educational materials – In 2020, “Ask CFPB,” an interactive online consumer education tool logged 1.9 million page views and/or downloads in English and 220,000 in Spanish for its debt collection questions;
- Released a report highlighting service members’ complaint data from 2019;
- Published information about debt collection activity during the pandemic for student loans; and,
- Published results of a quantitative online survey of over 8,000 respondents to test several versions of disclosures to support the understanding of time-barred debt and revival that informed the CFPB’s final rules on debt collection.
CFPB & FTC protect consumers from unfair, deceptive, and abusive debt collection practices
The CFPB and the FTC share authority to enforce the FDCPA, and continue to work closely to coordinate efforts to protect consumers from unfair, deceptive, and abusive debt collection practices. The two agencies reauthorized a permanent memorandum of understanding on February 2019 that facilitates consultation in rulemaking, enables coordination in enforcement, sharing of supervisory information and consumer complaints, and collaboration on consumer education.
The report is available here.
The Consumer Financial Protection Bureau is a 21st century agency that helps consumer finance markets work by making rules more effective, by consistently and fairly enforcing those rules, and by empowering consumers to take more control over their economic lives. For more information, visit consumerfinance.gov.
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The CFPB and FTC are back (in other words, they now have political power to do something given the 2021 change in administration). Anyone can be caught in a scam (yes – I mean anyone). We all think it will happen to someone else, but …..
We are all just trying to survive, and, hopefully thrive. Quality education is the way to do both. Never rely on the Internet for advice – there is more bad advice than good. Always seek advice from at least two people who are experienced in the area you need help. Once armed with good information, then use your common sense to decide what is best for you.
@media only screen and (max-width:980px) {.fusion-title.fusion-title-2{margin-top:0px!important;margin-bottom:6px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-2{margin-top:10px!important;margin-bottom:10px!important;}}– Diane L. Drain.fusion-body .fusion-builder-column-2{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-2 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 30px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 45px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-2{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}.fusion-button.button-1 {border-radius:10px;}.fusion-button.button-1.button-3d{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}.button-1.button-3d:active{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}Click here for steps to your free bankruptcy consultation
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- FDAA Cheated Consumers, Sued for Fraud & Misleading Clients
- Richard S. Berry aka Why Pay a Lawyer – Indicted by the Feds for Fraud, Bribery
- Collection Fraud – You Cannot be Arrested for Not Paying Your Credit Card
- Avoid COVID Mortgage Relief Scams
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" Thank you so much. What a journey. It was a pleasure to have you as my attorney!! Thank you thank you thank you. Best, Susan"
A Chapter 13 bankruptcy is a reorganization of your debt. The main component of a Chapter 13 bankruptcy is a bankruptcy plan. Your plan will propose what creditors will be paid and how much. One of the first questions anyone filing for Chapter 13 has is, “how much will my monthly plan payment be?” Unfortunately, […]
The post What is the Average Monthly Payment for Chapter 13 in California? appeared first on The Bankruptcy Group, P.C..
Updated daily, this blog will keep you informed on the latest bankruptcy news! 
Learn more about how Bankruptcy works and what you need to know.