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This past year was a tough time economically for many people, and 2010 does not appear to be any different. Many people have bills piling up and no means to pay. Unemployment rates and foreclosures are at an all-time high. Businesses are closing, and people are in desperate economical shape. However, how does one determine if it is time to file bankruptcy or not? How do you know when enough is enough? There are various factors determining if bankruptcy is suitable for a person or not. Here is an outline of what aspects needed to qualify.

Chapter 7 Requirements

If you are someone who was recently unemployed and has no other means of income, then you may qualify for Chapter 7 Bankruptcy. The way it is determined is via a Means Test. It is a tool administered by the courts to see how your income compares to other families of same size and location. For instance, if your income is lower than the average median income in your area and no other means to pay your bills and creditors then the courts may approve you under Chapter 7 rules.

Once accepted, the courts will assign a trusted appointee who compiles a list of all of your non-exempt assets. These non-exempt assets are sold to pay off creditors. The rest of your debt is dismissed by the courts. As a result, many people are much more relieved after the process is complete. For it leaves a clean slate to start fresh without the constant worry of past financial mistakes looming overhead.

Chapter 13 Requirements

If your application is rejected due to exceeding the income requirements for a Chapter 7 filing, then Chapter 13 is suitable for you. Additionally, if you have debt legally unreleased by the courts and personal and/or business assets then Chapter 13 would be the best plan to follow. For in Chapter 13, courts will establish a repayment schedule to pay off your debts in an average of 3-5 years. Therefore, Chapter 13 is for someone who has a steady means of income, and assets available.

Chapter 13 will stop your home from going into foreclosure. For once Chapter 13 Bankruptcy is filed the foreclosure process stops. However, it is temporary. You must bring the past-due payments current over a reasonable time. If not, you shall lose your house. Thus, do not think you are completely off the hook. Keep making your regular mortgage payments as explained by the courts and/or attorney. Repaying your missed mortgage payments is part of the process.

Filing for bankruptcy is not a simple process. The emotional ties people have towards monetary belongings are taxing. These emotions easily arise during these times, and the best way to handle the procedure is with support. You need to inform your family and friends what is unfolding. Find yourself a reputable attorney with experience in Bankruptcy law. Do research online to gather as much information about it before proceeding forth.

By Tony Mandarich and Reda Abouleish

Check out an Arizona Bankruptcy Attorney or a Scottsdale Bankruptcy attorney today.

Some people have a misconception when it comes to Bankruptcy. They do not have a clear understanding regarding what preparation must occur before filing. Does Bankruptcy mean you still owe debts? What requirements must unfold before filing? Here is a basic guideline regarding what to do before signing any Bankruptcy paperwork.

Provide Thorough Lists of Property and Assets

When filing for Bankruptcy, it is common to wonder what will happen to your home, cars and businesses during the process. Will the courts take your belongings away? Will the courts obtain control of your accounts and monetary items? The court will do nothing if you provide a thorough list of all property and assets. For the listed items are protected under Bankruptcy law. On the other hand, if you fail to provide a complete list of belongings, the left out items are unprotected and courts may take seize of those items at any moment. Therefore, be meticulous and list everything to ensure law protects the items.

Be Prepared for Your Credit Report to Remain in Shambles

Filing for Bankruptcy does not mend your damaged credit report. Your credit report will continue to exhibit a negative mark. Do not be fooled by myths that claim otherwise. In addition, Bankruptcy shall stay on your credit report for 10 years. Hence, evaluate if Bankruptcy is the right option for you before tinkering with the process.

Fibbing Leads to Case Dismissals

During any court proceedings, if a person is caught cheating, stealing and/or lying then, most likely, the case will result in dismissal. Therefore, why should filing Bankruptcy be any different? Be honest. Do not hide facts or misrepresent yourself. Do not leave out information regardless if the information is seemingly insignificant. For what may be insignificant to you may be pertinent to the courts. Provide the courts with ample information. Consequently, if you have legal representation, be upfront with him/her. The more you give your Bankruptcy attorney, the more prepared he/she shall be while in court.

Do Not Accumulate New Debts

Do not build any new debts while undergoing the process. If you purposely accrue new debts, thinking filing for Bankruptcy will avert from forcing to pay it back, a jail cell will be your next stop. It is illegal to proceed forth thinking in this manner. Thus, do not think about it. It will only get you into legal, and further financial, trouble.

Silence Bill Collectors

As soon as you file for bankruptcy, then creditors, including tax collectors become quiet. They are not permitted to contact you for any purpose and the harassing phone calls and letters stop immediately. The protection is permanent discharged debts. Keep in mind, Bankruptcy does not halt you from enduring criminal or governmental regulatory proceedings.

Bankruptcy Filings are Brutal

It is not an easy, simple process to undergo Bankruptcy filing procedures. There may be court dates to attend, additional information requested by the courts, and legal requirements difficult to comprehend. Your life may be shook up for a while. As a result, do your research and find someone who is a Bankruptcy expert able to handle and manage your case until the end.

by Tony Mandarich

Check out an Arizona Bankruptcy Attorney and a Scottsdale Bankruptcy Attorney today!

With debt concerns more prominent than ever in society, many people are finding themselves faced with having to snowball- with more debt then they may have thought possible. When debts are mounting, the absolute worse thing you can do is ignore the situation. By avoiding your financial responsibilities, you are only adding to your own problems. The only solution to your debt problems is to tackle them full on and start paying them down (and off!) as soon as possible. Paying off debt for good takes a serious commitment to allocating your monies towards debts. It will not always be an easy road but it will certainly be one worth traveling, as the end result is financial freedom.

So, how can you pay off those debts? Here is a list of ways to start paying down your debts fast:

Stop Spending!

Once you have made a commitment to paying down your debts, you will have to stop spending. Do not continue to buy anything you can not pay cash to get. Adding additional charges to an already high credit card balance will not help you pay off your debts. Create a reasonable budget that incorporates the funds you need to put as much money as possible towards debts and then stick to that budget at all times. Savings may even have to be put on hold while you work towards paying down your debts.

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