QUESTION

If I have a bunch of small loans out and don't think I can keep them up, what kind of bankruptcy can I file to help me get back on my feet?

Asked on Jul 17th, 2013 on Bankruptcy - New Jersey
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11 ANSWERS

Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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You can qualify for a certain chapter in bankruptcy depending on your income and other factors.
Answered on Jul 19th, 2013 at 4:46 AM

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Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
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Chapter 7 sounds to be suited for u. For more helpful info, see my website sissonlaw.com and call for a free consultation if I can help further.
Answered on Jul 18th, 2013 at 1:40 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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As an individual, your choices in bankruptcy are Chapter 7 or Chapter 13. It is impossible to say whether either choice is a good idea without a lot more financial information.
Answered on Jul 18th, 2013 at 1:38 AM

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You can file a chapter 7 and discharge those debts. You should have an attorney who practices bankruptcy law represent you.
Answered on Jul 18th, 2013 at 1:38 AM

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Personal Bankruptcy Attorney serving Portland, OR
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You should consult an experienced attorney to determine what, if any, kind of bankruptcy you qualify for and what is in your best interests.
Answered on Jul 18th, 2013 at 1:36 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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It depends on your income and other factors. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. I am attaching a link to some free videos that explain how bankruptcy works: http://www.dianedrain.com/bankruptcy-for-an-individual/ Most Arizona consumer bankruptcy attorneys offer a free consultation about the basics of bankruptcy. Please take time to educate yourself about bankruptcy and to determine which attorney is the best to assist you in the process. Don't assume the attorney is being completely honest about their experience and capabilities. Check them out. Avoid the attorneys who advertise on TV or profess a 100% success rate in their Internet ads. It costs hundreds or thousands of dollars for these ads and someone has to pay for them - the clients. These attorneys mass produce the work and do not offer the client the hands on assistance that is necessary in a well-planned bankruptcy. Normally these firms assign all or most of the work to paralegals and the client rarely talks to an attorney. When interviewing the attorney ask them how long they have practiced bankruptcy law. Ask what percentage of their practice is focused on consumer work. Ask whether they are experienced in both chapter 7 and chapter 13 cases. Ask the attorney for references. Ask about their policy of returning phone calls. They should be committed to answering specific questions about your situation and help you understand your options. If, after talking with them you are still confused about the issues you raised, find another attorney.
Answered on Jul 18th, 2013 at 1:35 AM

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Bankruptcy Law Attorney serving Livingston, NJ
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Your question really can not be answered without more information. Here is some general information on Bankruptcy: All Bankruptcies are governed by Title 11 of the United States Code. There are several different types of bankruptcies. There is Chapter 7, 9, 11, 12 and 13. Below we will deal with Chapters 7 and 13, which are the two most commons types. To obtain relief under chapter 7 of the Bankruptcy Code, the debtor may be an individual, a partnership, or a corporation or other business entity. Subject to the "means test" described below for individual debtors, chapter 7 may be used no matter the amount of the debts. An individual cannot file under chapter 7 or any other chapter, if during the preceding 180 days: a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. In addition, all individuals, no matter under what chapter a person is filing, are required to obtain a "Credit Counseling Certificate" within 180 days before filing from an approved credit counseling agency either in an individual or group briefing. The "Means test" is one of the determining factors as to whether a person can file for a chapter 7 or a chapter 13. If the debtor's "current monthly income" is more than the state median, the Bankruptcy Code requires application of a "means test" to determine whether the chapter 7 filing is abusive. Abuse is presumed if the debtor's aggregate current monthly income over 5 years, minus certain allowed expenses, is more than (i) $11,725, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $7,025. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Unless the debtor overcomes the presumption of abuse, the case will generally be converted to chapter 13 (with the debtor's consent) or will be dismissed. Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. 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. They must still make all mortgage payments that come due during the chapter 13 case timely. Another advantage of chapter 13 is that it allows individuals to spread out payments of certain debts and extend them over the life of the chapter 13 plan. A chapter 13 plan is a minimum of 36 months and a maximum of sixty months. Doing this may lower the payments. 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. One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." The debtor has no liability for discharged debts. In a chapter 7 and chapter 13 case, however, a discharge is only available to individual debtors, not to partnerships or corporations. Although an individual chapter 7 case usually results in a discharge of debts, the right to a discharge is not absolute, and some types of debts are not discharged. Moreover, a bankruptcy discharge does not remove a lien on the actual property just the personal liability.
Answered on Jul 18th, 2013 at 1:33 AM

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Personal Injury Attorney serving Glendale, CA at JT Legal Group
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Depends on the nature of the loans and your current income.
Answered on Jul 17th, 2013 at 1:10 PM

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Corporate & Incorporation Attorney serving Huntersville, NC at Elliott Law Firm, P.C.
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Either Chapter 7 or Chapter 13 will accomplish your goals. It depends on your income levels and specific situation as to which chapter you should file.
Answered on Jul 17th, 2013 at 1:00 PM

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Regulatory Attorney serving Spokane, WA
You can either do a Chapter 7, complete discharge. which you qualify for if your income is below the median for Washington; or a chapter 13 which requires you have a regular source of income sufficient to pay 3 years of monthly payments.
Answered on Jul 17th, 2013 at 12:33 PM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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If the loans are unsecured, you may be a candidate for a Chapter 7 or Chapter 13 depending on your income, expenses, and assets.
Answered on Jul 17th, 2013 at 12:32 PM

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