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Feeling overwhelmed by credit card debt? Are medical bills piling up? Call Mark Rubin today at 214-760-7777 for a free consultation. He’ll listen to your situation, then walk you through all of your options.
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Here’s another one of our recent radio commercials. We’ve helped thousands of Dallas families get a fresh start through bankruptcy – we can help you too! Call us today for your free consultation and we’ll answer all of your questions
When Will You Get Your Chapter 7 Discharge?
Why do most people file for bankruptcy? To wipe out their debts. Bad things happen to honest, hard working people, and bankruptcy can be just what’s needed to get a fresh start.
Obviously, it’s an unfamiliar process to most people. We’ll often get nervous phone calls from clients after they Chapter 7 cases have been filed because they haven’t heard anything about their discharge.
It’s important to remember the standard case timelines and time limits set down by the law. A “meeting of creditors” usually takes place about a month after the bankruptcy case is filed. After the meeting happens, the creditors and bankruptcy trustees have 60 days to object to the discharge. Add that all together, and you’re looking at about three months until the discharge occurs. Typically, a Chapter 7 bankruptcy case in Dallas takes about 4 months.
The Top 16 Myths About Bankruptcy
So – all those awful things you’ve always heard about bankruptcy… Did you know that almost all of it is completely untrue? Some of it is rumor, some of it is urban myth, and a lot of the stories are perpetuate by creditors who want you to be scared of bankruptcy.
Check out these top 16 myths about bankruptcy. Since it’s a long post, we’ve listed the myths and linked each one to its explanation.
- Myth 1: Under the new bankruptcy law, there is no more help
- Myth 2: Everyone will know you have filed for bankruptcy
- Myth 3: You will lose everything you have
- Myth 4: You will never be able to own anything again
- Myth 5: You will never get credit again
- Myth 6: Filing bankruptcy will hurt your credit for 10 years
- Myth 7: If you’re married… both you and your spouse have to file for bankruptcy
- Myth 8: It’s really hard to file for bankruptcy
- Myth 9: Only deadbeats file for bankruptcy
- Myth 10: Filing bankruptcy means you’re a bad person
- Myth 11: Filing for bankruptcy will hurt your credit
- Myth 12: Even if you file for bankruptcy, creditors will still harass you and your family
- Myth 13: If you file for bankruptcy, it may cause more family troubles and may even lead to divorce
- Myth 14: You can’t get rid of back taxes through bankruptcy
- Myth 15: You can only file once for bankruptcy protection
- Myth 16: You can pick and choose which debts and property to list in your bankruptcy
Chapter 13 Bankruptcy Compared To Traditional Debt Consolidation
Let’s Learn About Chapter 13 Bankruptcy
(aka our ‘Debt-Survival’ plan)
Most of the bankruptcy laws are set forth in Title 11 of the United States Code, which is divided into chapters. For instance, there is Chapter 7 (sometimes called “total bankruptcy”, but that term is misleading), Chapter 13 (sometimes loosely referred to as the “bill consolidation” version of bankruptcy or a “wage earner plan”), Chapter 12 (bankruptcy for the family farmer), and Chapter 11 (bankruptcy for huge corporations).
The 2 chapters available to most people in need of help are Chapter 7 and Chapter 13. This post is going to cover Chapter 13.
The best way to do explain Chapter 13 bankruptcy is to compare it to Chapter 7. If you’re not familiar with Chapter 7 bankruptcy, click the link to read more information.
Are You Eligible For Chapter 7 Bankruptcy?
The question we hear the most from our clients is always “Am I eligible for Chapter 7 bankruptcy?”
For Chapter 7 bankruptcy, the answer is usually fairly easy to determine. The bankruptcy “means test” is used to determine whether your income is low enough for you to file Chapter 7 bankruptcy. It’s a simple formula designed to keep filers with higher incomes from filing for Chapter 7 bankruptcy. If your income level is too high, you won’t be allowed to wipe out your debts with Chapter 7, but you’ll be able to use Chapter 13 bankruptcy to repay a portion of your debts.
Don’t be discouraged though – you don’t have to be penniless or even have a low level of income to qualify through the Chapter 7 means test. If you have a lot of expenses, such as a high mortgage payment, you can have a significant monthly income and still qualify for Chapter 7 bankruptcy. (more…)
Do I Have Enough Debt To file Bankruptcy?
Do I have enough debt to file bankruptcy?
That’s a good question.
Many, if not most, of our clients eliminate a substantial amount of debt in filing a bankruptcy case. However, this is not the only criteria. A good number of our clients do not have any unsecured debt. They are behind on home and/or car payments and need some relief to catch these payments up. Other clients want to rebuild their credit. There are so many criteria in deciding whether to file a bankruptcy case that it is important to seek the advice of an experienced bankruptcy attorney who can walk you through all the different options that are available to you.
Call today for a FREE Debt Consultation.
Call toll free 214-760-7777.
Are You Eligible For Chapter 13 Bankruptcy?
One question that we hear all the time is “can I file for Chapter 13?” Chapter 13 bankruptcy has several important restrictions. If you’re looking for a solution to your debt problems, your first step is to see whether or not you legally qualify for a Chapter 13 Bankruptcy.
Businesses Cannot File for Chapter 13 Bankruptcy.
Corporations and Partnerships cannot file under Chapter 13 Bankruptcy. On the other hand, if you own a business as a sole proprietor, you can file for Chapter 13 bankruptcy as an individual and include the business-related debts for which you are personally liable.
You Must Have Stable and Regular Income.
You must have stable and regular income to be eligible for Chapter 13 bankruptcy. That does not mean you must earn the same amount every month, just that the income is steady. In other words, your income must be likely to continue and it must be periodic – weekly, monthly, quarterly, semi-annual, seasonal or even annual. Here is a list of some types of income you can use to fund a Chapter 13 plan: (more…)
5 Reasons To File Chapter 13 Bankruptcy
Last week we discussed the benefits of filing Chapter 7 bankruptcy. While it has some pros, it’s not always the right fit for everybody. That’s when you look at Chapter 13 bankruptcy.
Today we’re going to explore five main reasons why people choose to file Chapter 13 bankruptcy.
1. Stop Foreclosures, Repossessions and Garnishments
The second you file Chapter 13 bankruptcy, banks and other creditors have to cease their collection efforts. That means that they can no longer foreclose on your house or repossess your vehicle.
This halt in collections can be stopped for the entire duration of the case, which can last as long as five years, whereas with a Chapter 7 bankruptcy, the creditors must only stop for a few months.
(more…)
The Benefits of Filing Chapter 7 Bankruptcy
Filing for Chapter 7 bankruptcy is arguably the best plan for eliminating debt. It can wash away certain types of debt for good, cleanse you of your stress and financial worries, and free up income for your family. Best of all, it can give you a fresh start to rebuild your credit.
Here’s a more complete list of what Chapter 7 can do for you:
- Eliminate certain types of debt permanently
- Get rid of debt stress and worry
- Keep and protect property you want to keep
- Get out from under debt on property you are willing to say goodbye to
- Stop lawsuits, creditor harassment and garnishments
- Free up income for your family
- Get into a position to earn more money and save
- Let you start to rebuild your credit