Clearwater Bankruptcy Attorneys
Clearwater Bankruptcy Attorneys
If you need assistance Clearwater Bankruptcy Attorneys can help you with a chapter 7 bankruptcy case. Chapter 7 does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code.
Part of the debtor's property may be subject to liens and mortgages that pledge the property to other creditors. In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. Accordingly, potential debtors should realize that the filing of a petition under chapter 7 may result in the loss of property.
BANKRUPTCY ATTORNEY FEES
Chapter 7 Bankruptcy starts from $699
Chapter 13 Bankruptcy from $999
Clearwater Bankruptcy and advantages over liquidation under chapter 7
Chapter 13 Bankruptcies offer individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan.
Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.
Clearwater Bankruptcy Attorneys what is a Chapter 13
A chapter 13 bankruptcy is also called a wage earner's plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. During this time the law forbids creditors from starting or continuing collection efforts.
Clearwater Bankruptcy – What is Chapter 7 Bankruptcy?
In Chapter 7 bankruptcy, the bankruptcy trustee cancels many (or all) of your debts. At the same time it might also sell (liquidate) some of your property to pay your creditors. Chapter 7 bankruptcy, also called "straight" or "liquidation" bankruptcy, is so named because the law is contained in Chapter 7 of the federal Bankruptcy Code.
Clearwater Bankruptcy and who is eligible for Chapter 7 bankruptcy?
The bankruptcy "means test" determines whether your income is low enough for you to file Chapter 7 bankruptcy. It's a formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. High income filers who fail the means test may use Chapter 13 bankruptcy to repay a portion of their debts, but may not use Chapter 7 bankruptcy to wipe out their debts altogether.
The means test was designed to limit the use of Chapter 7 bankruptcy to those who truly can't pay their debts. It does this by deducting specific monthly expenses from your "current monthly income" (your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly "disposable income." The higher your disposable income, the more likely you won't be allowed to use Chapter 7 bankruptcy.
Only bankruptcy filers with primarily consumer debts, not business debts, need to take the means test. To take the means test, you must first determine whether your income is more or less than the median income in your state. If you earn more than the median, you must figure out whether you would have enough left over, after subtracting certain expenses, to repay some of your debt.
Clearwater bankruptcy Attorneys expalin time frame before you can refile
You cannot file for Chapter 7 bankruptcy if you obtained a discharge of your debts in a Chapter 7 bankruptcy case within the last eight years, or a Chapter 13 case within the last six years.
What debts will Chapter7 bankruptcy get rid of if you live in Clearwater Florida
Clearwater Bankruptcy Attorneys can help eliminate credit card, medical debt, deficiencies resulting from repossession or foreclosure, and other unsecured debt. In a Chapter 7 bankruptcy, this debt is discharged at the end of your bankruptcy. In Chapter 13 bankruptcy, you may have to pay off a portion of your unsecured debt through your repayment plan. Keep in mind that if you have debts secured by property (such as your home or car), the cancellation of the debt does not mean you get to keep the property.
However, some debt is never discharged (canceled) in bankruptcy, including child support and spousal support, student loans (except in very limited circumstances), and tax debts within the previous three years. Speaking to Clearwater Bankruptcy Attorney is easy simply fill out our contact form for a completely free consultation.
