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Can I File for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy?
Many people struggle with the decision to file bankruptcy. Usually this is because they have misconceptions about bankruptcy in general. Basically, bankruptcy is a legal way to level the playing field between an individual debtor and creditors. It is a legal proceeding that provides the debtor with a fresh start. The two types of bankruptcy that are most commonly available for an individual are: Chapter 7 and Chapter 13. Chapter 7, or straight bankruptcy, is what most people typically think of as bankruptcy. In Chapter 7 bankruptcy, a debtor s non-exempt assets are liquidated or sold and the proceeds are used to pay toward unsecured debts (credit cards, loans, medical bills, etc.). In the overwhelming majority of cases, however, people do not lose any property which means unsecured creditors get nothing. At the end of the bankruptcy, roughly 3-4 months after filing, the debts are discharged and the creditor can never collect on the debt. Chapter 13 is a debt reorganization or consolidation bankruptcy. If a person has a regular monthly income, their debts (mortgage arrears, car payments, credit cards, medical bills, loans, student loans, etc.) are rolled into one low monthly payment. Because the debtor is paying back his creditors through this repayment plan, the debtor does not risk losing any assets as he might under Chapter 7 bankruptcy. Furthermore, while in the repayment plan, typically 3-5 years, creditors are stopped from contacting the debtor without first going through the debtor s attorney and the court. Millions of people declared bankruptcy last year alone to get the fresh start they needed. Contrary to what many believe, bankruptcy does not permanently damage your credit, and you will still be able to have credit. The new bankruptcy laws that went into effect in 2005 changed bankruptcy very little.Michele Wallace, author of this article, writes for the <a href= http://www.maliselawfirm.com/><b> MaliseLawFirm"</b></a>. Hire experienced <a href=http://www.maliselawfirm.com/><b>"San Antonio bankrupty attorneys"</b></a> with Malaise and get the debt relief you deserve.
Source: www.ArticlePros.com

Tougher Bankruptcy Laws Take Effect October 2005
In just a few short weeks, President Bush?s Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period. Here?s a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect - Qualifying - Chapter 7 or Chapter 13? To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors. The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased. The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years - to ensure your creditors get paid. Credit Counseling Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours. To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office. The Cost Factor Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%. Why Were the Laws Changed? The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws - and in their favor, according to many consumer protection groups. ? 2005, http://www.yourfreecreditreportnow.com James is editor of "TO YOUR CREDIT", a free weekly newsletter with tips to help you manage your personal finances. Subscribe today and receive his ebook ?IDENTITY THEFT- How To Avoid Becoming the Next Victim!? and other free bonuses by visiting <a href="http://www.yourfreecreditreportnow.com" target="_blank">http://www.yourfreecreditreportnow.com</a>.
Source: www.ArticlePros.com

Why is There Medical Bankruptcy
You often hear lots of bankruptcy stories An individual with piles and piles of debts commonly declare bankruptcy Heck, it’s actually the dreaded word anyone doesn’t want to experience Why do people lead to being bankrupt? For one, getting all sorts of loans and credit cards from financial institutions will surely lead to debt problems when not handled properly The typical causes of bankruptcies are due to the inability of an individual to pay their liabilities If they can’t pay anymore, they have the option under the law to declare bankruptcy However, there is a specific kind of bankruptcy which is increasing in number . .The so-called medical bankruptcy is becoming popular to people who undergone medical treatment As we all know, health care services are becoming expensive The cost will depend on the type of service you availed and some other related charges With all the charges like doctors’ fee, medicines, hospital room fees and others, you will surely see yourself going broke If you met an accident and injured yourself, you are putting your life on jeopardy Not only that, your financial resources as well will suffer It’s OK if you are from an affluent family and can support your bills What if you’re income is just enough to cover your everyday expenses . .Getting a needed medical treatment will surely put your financial situation into a breakdown That’s why some people resort to medical bankruptcy The reason for it is due to lack of financial resources The medical bills seems too expensive and unreasonable to their finances Some health institutions offer installment payments but the terms and conditions are just too disadvantageous Even though you are allowed to pay in installments, the monthly payment is sometimes not affordable Remember, if ever you undergone medical treatment, your physical body is still weak Employment seems too impossible and you’re left with no income at all . .How can you pay the health institution if you don’t have money? Unpaid medical bills to some extent can even lose some of your valuable properties like your home Due to desperation, you will resort to loans which have higher interest rates But if ever you can’t pay, the lender has the right to foreclose your property You have no option but just to declare medical bankruptcy Moreover, being bankrupt connotes negative consequences on your part There are limitations set by the court once you declared bankruptcy You cannot easily borrow from lending institutions for a certain period of time . .To avoid medical bankruptcy, it is helpful to have medical insurance In times of health treatments, the insurance company will take care of your bills That would be very helpful to you You don’t have to worry on where to get the money in paying all your bills You can just relax within the comforts of your home and never get problematic on the matter As much as possible, medical bankruptcy should be your last option Find means on how you can fight being bankrupt Better consult a professional to help with your problem .
Source: www.rsstnx.com