This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Homeownership has traditionally been considered a cornerstone of the American dream, but financial setbacks can sometimes threaten this dream, even for those who are well compensated, fiscally responsible and generally considered low-risk for foreclosure. Fortunately, there's a potential remedy available: Chapter13bankruptcy.
Chapter13bankruptcy offers the option of lien stripping. If you’re filing or considering filing for Chapter13, you need to be aware of the process and advantages of lien stripping. Chapter13 lien stripping can be beneficial to your financial situation and may even help you save your home.
Filing for Chapter13bankruptcy can provide much-needed relief if you are overwhelmed with debt and struggling to keep up with payments. Under Chapter13, you repay a portion or all of your debt, allowing you to keep assets like your home or car. What Is Chapter13Bankruptcy?
Chapter13bankruptcy offers the option of lien stripping. If you’re filing or considering filing for Chapter13, you need to be aware of the process and advantages of lien stripping. Chapter13 lien stripping can be beneficial to your financial situation and may even help you save your home.
When filing Chapter 7 or Chapter13bankruptcy, it’s critical to understand the difference between consumer debt and non-consumer debt. If you’re considering filing Chapter 7 or Chapter13bankruptcy, consider enlisting the help of skilled bankruptcy attorneys. What is Consumer Debt?
This opportunity will allow you to benefit from the protections of the automatic stay and the issuance of a discharge at the end of the bankruptcy process. It could even help you to save a home that is at risk of foreclosure. Certainly, filing for bankruptcy isn’t the best debt management or debt solution for all consumers.
Bankruptcy will wipe out credit card debt, medical bills, and personal loans, but will not eliminate primary obligation debt; things like student loans, child and spousal support, and newer tax debt. Bankruptcy can also stop or delay a home or mortgage foreclosure, stop collection actions, stop garnishments and lawsuits.
Consider your income, assets, creditors, expenditures, and your ability to pass the means test while selecting between Chapter13 and Chapter 7. You should get legal assistance from a knowledgeable bankruptcy attorney in Denver. The United States Bankruptcy Code governs both chapter 7 and chapter13bankruptcy.
If you’re considering filing for bankruptcy, you’re not alone; roughly 375,000 people filed for bankruptcy in 2022, and home foreclosure filings rose 115% in 2022 over the number of foreclosures in 2021. To many people, the most alarming thing about filing for bankruptcy is the possibility that they will lose their home.
When homeowners face the daunting prospect of foreclosure, understanding the defensive options available can potentially help them preserve their homes and financial stability. For example, two common types of bankruptcy , Chapter 7 and Chapter13, offer different benefits and drawbacks in the context of foreclosure.
In This Piece Understand the Types of Bankruptcy How Do You Know Which Bankruptcy Type is Right for You? What Is Chapter 11 Bankruptcy? What Is Chapter 7 Bankruptcy? What Is Chapter13Bankruptcy? Should You File for Bankruptcy? What Is Chapter13Bankruptcy?
With the COVID-19 foreclosure moratoriums over, housing foreclosures are once again on the rise nationally. In fact, in September of 2023, we saw home foreclosures on the rise by a whopping 18.4% Foreclosures in Indianapolis have also been increasingly more common. from this time last year.
Additionally, businesses can file an emergency bankruptcy under Chapter 11, but this is rare. Those filing an emergency bankruptcy receive an automatic stay even before completing certain documents. An automatic stay is an injunction prohibiting creditors from collecting debts.
This shorter period is likely because most individuals who file Chapter13 will still have to pay some debts back through a payment plan rather than having it entirely discharged. Filing Again After Chapter13Bankruptcy. Filing Successive Chapter13Bankruptcy Cases.
This shorter period is likely because most individuals who file Chapter13 will still have to pay some debts back through a payment plan rather than having it entirely discharged. Filing Again After Chapter13Bankruptcy. Filing Successive Chapter13Bankruptcy Cases.
Your creditor may sell your charged-off debt to a collection agency for pennies on the dollar. The collection agency may then attempt to collect the debt anew. Foreclosures and Short Sales: Seven Years A foreclosure can remain on your credit reports for seven years from the date the foreclosure was filed.
If the court rules in their favor, the creditor can file a judgment lien against you, which means that the court has permitted them to forcefully collect that debt from you. If that’s not possible for you, another option is to avoid it through Chapter 7 or Chapter13bankruptcy court.
You can work directly with the mortgage lender on a loan modification, or reach out to the Colorado Foreclosure Hotline for free assistance. While credit cards and other unsecured loans are almost always the most aggressive when it comes to collecting debts, they should generally be your lowest priority. Credit Cards.
Cosigner Responsibilities: Bankruptcy and Debt Collection If a primary borrower declares bankruptcy, the co-signer associated with the debt may be responsible to pay back creditors, but this will depend on the type of bankruptcy that the primary debtor filed.
Do Bankruptcies Come in Different Types? There are officially six separate categories of bankruptcy , each designated after a specific section of federal bankruptcy law. However, Chapter 7 and Chapter13bankruptcy are the two types of bankruptcy that are most frequently filed.
If you’re worried about garnishments, foreclosures , lawsuits, repossessions , or other consequences of your debt, connect with an experienced bankruptcy lawyer at Sawin & Shea as soon as possible. A bankruptcy attorney helps someone clarify and organize their finances while getting most types of debt discharged.
A debt collector is free to collect during the thirty-day period as long as it does not overshadow or contradict the consumer’s thirty-day rights. Whether easy or difficult, the Act mandates that the debt collector cease its collection efforts until the required information has been mailed to the consumer. Trott Law, P.C. ,
In this article, we will explore the types of unsecured debts that bankruptcy can erase. Quick Summary: Filing for bankruptcy stops all debt collection right away through the automatic stay. Bankruptcy can help people eliminate unsecured debts. When you file for bankruptcy, you enter a legal process.
In short, they prepare you for the challenges that come with rebuilding your finances after bankruptcy. Understanding Chapter 7 vs. Chapter13Bankruptcy There are 6 types of bankruptcy, but two of the most common types are Chapter 7 and Chapter13.
Whether you’re facing foreclosure , repossession, wage garnishments, or relentless creditor harassment, our expertise in bankruptcy law can offer the protection and relief you’ve been seeking. One of our firm’s key strengths lies in our comprehensive understanding of both Chapter 7 and Chapter13bankruptcy options.
Chapter13bankruptcy sets up a 3-5 year repayment plan to pay back a portion of what you owe. The Pros Bankruptcy can stop foreclosures , repossessions, lawsuits, wage garnishment, utility shut-offs, and debt collection activities through its automatic stay provision.
Reaffirming Debt in Chapter13BankruptcyChapter13bankruptcy involves consolidating your different forms of debt into a three-to-five-year repayment plan. There is a Chapter13 Plan that controls how various debts are treated.
However, over the past several years, the civil courts in most states have been overrun by debt collection cases against consumers. The increase in lawsuits filed against consumers for unpaid medical debt, credit card bills, automobile loans and other collection issues comes as no surprise to attorneys and others working in the industry.
Many people ask, when should you file for bankruptcy? You can file for bankruptcy in two different ways: Chapter 7 and Chapter13. Filing for Chapter 7 bankruptcy centers on liquidating assets, while Chapter13bankruptcy focuses on reorganization.
Court of Appeals for the Ninth Circuit recently reversed an award of summary judgment in favor of a defendant debt collector against claims that it violated the federal Fair Debt Collection Practices Act (FDCPA) by attempting to collect a debt that was discharged in bankruptcy and no longer owed. Wells Fargo Bank , N.A.,
Upon filing a Chapter 7, you receive automatic court-oredered protection from creditors and aren’t subject to lawsuits, repossessions, or wage garnishments. From July 2020 to June 2021, there were 15,719 bankruptcies filed in Indiana. What if I Have More Property Than You Can Exempt in a Chapter 7?
However, it is important to note that before bankruptcy is declared, lenders can still come after you to get you to pay off the unsecured debt. They may use collection agencies , or they may sue you (asking the court to garnish wages, take an asset, or put a lien on your home).
Filing for Chapter13bankruptcy can help you improve your financial situation. Unfortunately, not everyone filing Chapter13 will complete the repayment process. Unfortunately, not everyone filing Chapter13 will complete the repayment process.
We organize all of the trending information in your field so you don't have to. Join 19,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content