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How Are Non-Dischargeable Debts Handled During Bankruptcy?
For people who have significant debts that they are unable to repay, bankruptcy is a process that can help them get a fresh start. Most consumer debts, including credit cards, medical bills, and loans, can be discharged through bankruptcy. Once the process is completed, these debts will be forgiven, and the debtor will no longer be required to pay what is owed. However, there are certain types of debts that cannot be eliminated. These types of debts, which are known as non-dischargeable debts, remain with the debtor even after the bankruptcy process has been completed. It is important to understand how these types of debts will be handled during a bankruptcy case.
Can I Catch Up on My Mortgage by Filing for Chapter 13 Bankruptcy?
Are you struggling to make your monthly mortgage payments? Are you afraid of losing your home to foreclosure? If so, you may be considering whether filing for bankruptcy is the right move for you.
Most people are familiar with Chapter 7 bankruptcy, which involves liquidating your assets to pay off your debts. However, what you may not know is that there is another type of bankruptcy—Chapter 13—that can help you keep your home. In a Chapter 13 bankruptcy, also known as a wage earner's plan, you propose a repayment plan that outlines how you will repay certain debts over three to five years.
How Will Filing for Bankruptcy Affect a Lien on My Home?
A lien on your home can be a major financial burden, especially if you have encountered financial difficulties and are struggling to make mortgage payments and repay other types of debts. If you are considering filing for bankruptcy, you may be wondering how this will affect any liens on your home. In some cases, you may be able to have liens removed, but in others, liens may remain in place after other debts are discharged, allowing creditors to take action to collect the amounts owed to them.
Understanding Different Types of Liens
How Can a Proof of Claim Filed by a Creditor Affect a Bankruptcy Case?
During the bankruptcy process, there are a wide variety of documents that will need to be filed and requirements that will need to be met. All of these factors can easily become overwhelming, especially for those who are already struggling financially and seeking relief from their debts. That is why working with a bankruptcy lawyer can be crucial, and it will ensure that debtors will be able to address any issues that may arise during their case. One factor that can sometimes play a role in a bankruptcy case involves a "proof of claim" filed by a creditor.
What Is a Proof of Claim?
In a Chapter 7 or Chapter 13 bankruptcy case, a "proof of claim" is a written statement from a creditor that states the amount of the creditor's claim and explains why the creditor thinks the debtor owes this money. A standard form is usually used that will identify the creditor and also provide other important details, such as whether the debt has been acquired from someone else, whether the debt is secured by collateral, and whether it is considered a priority debt.
How to Determine Whether You Are a Good Candidate for Bankruptcy
If you are struggling with debts, it can seem like you need to dig yourself out of a hole, and the prospect of facing multiple years of financial difficulties can cause a great deal of stress. Fortunately, options for debt relief are available, including bankruptcy. However, the decision to file for bankruptcy may not be easy, and the bankruptcy process can add additional stress and complications to an already difficult situation. As you consider your options, you will want to look at some key factors that may indicate whether you are a good candidate for bankruptcy.
Signs That You Need Debt Relief
The first thing to remember about bankruptcy is that it is not meant to be a moral judgment against a person. While people are often embarrassed about debt and financial struggles, most bankruptcy cases involve situations where families encountered difficulties through no fault of their own. A layoff or other issues that affect a person's income can put a family in a precarious financial position, and large, unexpected expenses can also cause difficulty, such as when a serious injury or illness requires costly medical treatment. Bankruptcy is an option for debtors regardless of the reasons they have accrued debts, and seeking debt relief should not be seen as an opportunity rather than a failure.
Weighing the Pros and Cons of Different Bankruptcy Alternatives
If you are experiencing financial hardship, you may be wondering if bankruptcy is right for you. However, bankruptcy can often seem like a drastic step, and you may be unsure about how it will affect your credit and other aspects of your life. There are some other ways to address the debts you owe, and you may be considering various alternatives to bankruptcy. However, you will need to understand the benefits and drawbacks of these different methods, and by consulting with a bankruptcy lawyer, you can determine the best options that will work for you.
What Does it Mean if a Debtor Is Collection-Proof or Judgment-Proof?
If you have significant debts, you may be considering the options for debt relief that may be available to you, including filing for bankruptcy. This may be an especially urgent concern if you are dealing with harassment from creditors or if you have been served with a lawsuit attempting to collect the amounts you owe. As you address these concerns, you may have come across the terms "collection-proof" or "judgment-proof," and you may be unsure if they apply to you. By understanding what these terms mean and by working with an attorney to learn more about the options for addressing your debts, you can determine the best ways to resolve your debt problems.
Collection-Proof and Judgment-Proof Defined
A person may be considered to be judgment-proof if their assets are exempt from seizure by creditors. That is, a creditor may be able to file a lawsuit against a debtor, but even if a judge rules in their favor, they may be unable to collect the amount owed. Because of this, "collection-proof" may be a more useful term. A creditor will usually be able to obtain a judgment as long as they can demonstrate that they are owed money by the debtor, but they may be prevented from collecting that judgment for a variety of reasons.
How to Avoid Problems With Debt After Filing for Bankruptcy
If you are considering filing for bankruptcy, you are probably feeling overwhelmed and anxious about your financial future. It is important to understand that bankruptcy is a tool to give you a fresh start, not a punishment for anything that happened in the past. Depending on the type of bankruptcy you choose, you may be able to eliminate most or all of your debts relatively quickly by filing for Chapter 7, or you may consolidate your debts and repay some of what you owe over several years through a Chapter 13 repayment plan. After you have discharged your debts through bankruptcy, you will want to make sure you can maintain financial stability, and it is a good idea to take steps to avoid problems with debt in the future. With that in mind, here are some tips on how to avoid problems with debt after you have filed for bankruptcy:
When Can Creditors Object to a Chapter 13 Bankruptcy?
If you are considering filing for bankruptcy, you may be wondering how your creditors will react. Since bankruptcy will remove the obligation to repay some of your debts, it is likely that creditors will not be happy about the loss of money they will experience. However, since bankruptcy is a right that is provided to people in the United States, creditors often will be unable to do anything about a bankruptcy filing. There are some situations where creditors may be able to object, and if you are planning to file for Chapter 13 bankruptcy, you will need to be aware of the possible reasons for the objection to the confirmation of your repayment plan.
Chapter 13 Objections to Confirmation
When you file for Chapter 13 bankruptcy, you will propose a repayment plan to pay off some or all of your debts over a three- to five-year period. The bankruptcy court will review this plan and may make changes before confirming it. Once the repayment plan is confirmed, you will begin making payments according to the terms outlined in the plan. During the repayment plan, you will make payments to the bankruptcy trustee, who will then distribute the payments to different creditors who are included in the plan.
How to Legally Maximize Your Bankruptcy Exemptions
If you are considering bankruptcy, you will want to determine how to receive relief from your debts while retaining as much of your money, property, or other assets as possible. If you are planning to file for Chapter 7 bankruptcy, certain assets may be subject to liquidation, meaning that you will need to surrender them so they can be sold to repay some of the debts you owe. However, certain types of exemptions will apply, and you will not be required to surrender assets that are exempt. When planning for bankruptcy, it is important to know how to maximize your exemptions while also avoiding any fraudulent actions that could affect your case.
Making the Most of Bankruptcy Exemptions in Texas
Debtors who file for bankruptcy in Texas will use the state's laws to determine what assets will be exempt from liquidation. It is important to understand what types of property will be exempt. Texas has some very generous exemptions, including a homestead exemption that allows property owners to keep the full value of the equity they own in their family home. Exemptions are also available for personal property, including one vehicle for each member of a family who has a driver's license, household items, clothing, family heirlooms, athletic equipment, bicycles, tools of the trade, two firearms, jewelry (as long as it does not make up more than 25 percent of the total value of exempt assets), and family pets. Retirement savings accounts will also generally be exempt.
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