After surviving the difficult process of a foreclosure, a former homeowner may still face an additional obligation to their mortgage lender. Unmanageable by most, there is a way to clear this sizeable debt by filing bankruptcy.

When a home is sold through a foreclosure action, and sufficient funds are not collected from the sale, the lender can file for a deficiency judgment against the borrower to repay the balance of the debt. The lender, or their collection agency, can ultimately garnish wages and freeze personal bank accounts to collect the funds. The garnishment is often a surprise to the account holder and perpetuates the strain on the household budget.

An example would be if Mr. Smith originally purchased his home for $350,000, and today owes $300,000. Laid off from his job of ten years, Mr. Smith is forced to take a job that pays considerably less. He falls behind on payments, and the mortgage company will not work with him or offer any other options. His home is sold at foreclosure for today's market value of $250,000. The lender then obtains a deficiency judgment from the court against Mr. Smith for $50,000, which now becomes a new financial obligation.

The laws vary from state to state, but this judgment can often be obtained for no additional cost by combining it with the original foreclosure lawsuit. Lenders are taking advantage of the opportunity in states that allow this process, and are still filing in others if it proves cost effective.

Filing chapter 7 bankruptcy wipes out this additional debt completely, eliminating aggressive actions to collect and preventing the lender from further pursuit. Consumers can move forward, without the burden of past dues, and with a clear picture of their finances.

As stressful as this time in a person's life is, it is important to be proactive and consult a qualified bankruptcy attorney as soon as the need is determined. There are many options to explore, and the laws are always changing. Hiring an experienced attorney will ensure that the best individual choices are made. Current earnings, assets and debts are carefully examined along with future plans and goals. The best timing for filing for bankruptcy, whether it occurs before or after a possible foreclosure, can only be determined with the help an expert.

By enlisting the assistance of a bankruptcy attorney, consumers can do more than wipe out a deficiency judgment; if they are proactive and contact their attorneys prior to the judgment, they can also stop it before it happens, which will keep it from ever appearing on their credit report.

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Will A Bankruptcy Wipe Out A Deficiency Judgment? is a post from: the irs team

A little Internet research will give you the basic rules in your state, but in general, there are two major categories of bankruptcy: Chapter 7 and Chapter 13. The former is the more traditional type, usually referred to as "liquid" or "straight" bankruptcy. Filing for this ensures that all debts, except child support, student loans, alimony and taxes are forgiven.

One of the most common reasons for selecting this option is losing long-term employment. In the current economy, someone who has recently lost a job often struggles to obtain a comparable job and turns to credit cards and savings to pay bills – which leaves someone with little to no options. Other instances such as death of the family bread winner, divorce and high medical bills are also common reasons for someone to consider or follow through with Chapter 7. Needless to say, although it's possible for a layman to deal successfully with the complicated paperwork and legalities involved in the process, consulting with a bankruptcy attorney is highly advisable before filing, if only to ensure not losing more than is absolutely necessary.

Chapter 7 involves the debtor selling their nonexempt assets and utilizing the proceeds from the sales to repay debts.  It is important to note that in order to qualify for this option, you must calculate your "current monthly income," which is actually the applicant's average income over the last six months. If this number is higher than the median income for a family of your size in your state, you will not be eligible to file.

A Chapter 13 bankruptcy, on the other hand, does not require that you relinquish anything. Instead, you will be expected to repay your debts through use of a structured plan which must be approved at a bankruptcy court hearing, attended by your creditors. This option is advised if you've simply fallen behind and your debt has overwhelmed your available funds. This kind of bankruptcy is basically a promise to pay your creditors according to a schedule agreed upon at the hearing.

If you are employed and can depend on a regular income, Chapter 13 is probably the best way to go. In most states, if things take a turn for the worst down the road, you can always resort to Chapter 7 if you have been unable to meet the repayment schedule within five years after filing.

Again, keep in mind that your state may have more or less restrictive laws concerning the details of either type of filing, so although it's possible to wend your own way through the maze of legalities, you are always much better served by consulting with an attorney rather than trying to do it yourself.

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Chapter 7 vs. Chapter 13 Bankruptcy: Which Is Best For Your Situation? is a post from: the irs team

When considering this important issue, keep in mind that there are two different types of filings.  Chapter 7 is generally for people who don't have assets they need to protect, such as a house, or for those who don't have enough money to pay their current bills.  Chapter 13, by contrast, can restructure past due debt to help people keep their house and car.  However, it is only appropriate for those who can afford their current bills plus a little extra to get caught up on back payments over time. 
Only you and your lawyer can decide if either type is right for you, but here are some common reasons for bankruptcy filings.

1. Loss of employment.  Those who lose their jobs may find it very difficult, if not impossible, to make ends meet.  In the current economic climate, it can be challenging to find another job soon enough to keep all the bills caught up.  When things fall hopelessly behind, it may be time to consider this incredibly difficult option.

2. High medical bills.  Serious injury or illness can cause huge medical bills that the average family or individual won't be able to pay.  When this happens, filing for Chapter 7 or 13 may be the only option to get relief from burdens of medical debt. 

3. Death of wage earner.  When one of the primary wage earners in a family passes away, bills that were perfectly manageable can suddenly become much too high for the family's diminished income.  Bankruptcy can give those who are in this difficult situation the fresh financial start that they need.

4. Preventing foreclosure on a home.  When a foreclosure is looming and can't be otherwise avoided, Chapter 13 can stop the process and help families and individuals keep their homes while restructuring debt to make catching up on late payments possible.  Likewise, Chapter 13 will stop utilities from getting turned off. 

5. Preventing a car or other assets from being repossessed.  Chapter 13 bankruptcy also can restructure debt on a car or other possessions by consolidating late payments.  This can allow those who are filing to keep their cars and other possessions.

6. Stopping wage garnishments.  Wage garnishments can decrease a paycheck to the extent that it is hard to get by.  Bankruptcy will halt most wage garnishments, with the exception of garnishments ordered by the court for child support.

It's important to remember that bankruptcy doesn't wipe out all debt (student loans, child support, and some taxes are examples of debt that will generally remain).  Filing is extremely complicated, and bankruptcy laws vary from state to state.  The consequences of a botched or ill-advised filing can haunt you for many years to come, so it's best to not attempt it by yourself.  

Hiring a local lawyer who specializes in this sensitive issue is highly recommended to ensure that the filing is done correctly and that you and your assets are protected to the fullest extent of the law.  Fortunately, many lawyers offer free consultations to help you decide whether either chapter 7 or 13 could be the right choice for you.  Quite a few will submit your filing for a reasonable flat fee.

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Filing for Bankruptcy – When Is It The Right Choice? is a post from: the irs team

Total company liquidations reached 19,077 during 2009, the highest figure since 1993. But the number for companies in the final quarter of the year was lower than both the previous three months and the same quarter of 2008. In contrast, the level of individuals declared insolvent continued to speed up in the last quarter at 35,574 – the highest since records began in 1960.This is a 25 per cent rise on the figure for 2008 and the eight consecutive quarter where the tally has increased.

A breakdown of the total number of insolvencies for the final three months of 2009 showed 17,007 people went bankrupt, 7 per cent fewer than in the previous quarter. But a record 13,219 people took out Individual Voluntary Arrangements, under which interest on debt is frozen in exchange for a set amount being repaid each month. It is thought IVA numbers were boosted by companies cutting staff pay and overtime as an alternative to making redundancies, meaning people were in a position to repay some of what they owed, rather then being forced to declare themselves bankrupt.

There was also a further increase in the number of Debt Relief Orders taken out in the three months to the end of December, with these rising to 5,348, up from 4,505 in the previous quarter. Both chapter 7 bankruptcy and chapter 13 bankruptcy therefore continue to rise.

As consumers across the land continue to struggle, we continue to look for signs that an economic recover is at hand, budding, and springing forth.

Bankruptcy Filings On The Rise: The 411 is a post from: the irs team

Chapter 7 bankruptcy

If you file for bankruptcy you are known as the debtor. The point of a chapter 7 bankruptcy is to eliminate most all your debt. All debts that get discharged will not have to be repaid. People sometimes cant discharge all their debt because of an imposed lien. You are still liable to pay debt to secured creditors or be forced to give back the property. After a discharge creditors may not try to collect or communicate with a debtor about a debt. Many who have a lot of debt that can no longer be repaid are great chapter 7 candidates.

Chapter 13 bankruptcy

For chapter 13 bankruptcy a debtor will file a payment plan with the federal courts to pay back some or all the debts that they owe, over a three to five year period. You can keep your car or home with a chapter 13 bankruptcy. This will include anything your exemption won’t cover and property with an unpaid balance. It will still be your obligation to pay monthly payments for some secured debt. Chapter 13 will allow you to keep your vehicle and home. You will be able to keep certain secured debt by making payments over time.

Can I only file bankruptcy one time?

You cannot file chapter 7 again till 6 years have lapsed since your last filing. Chapter 13 has no limit to the number of times you can file. Chapter 7 requires a $ 30 noticing fee and a $ 170 filing fee. The filing fee for chapter 13 is $ 155 and a you'll pay a $ 30 noticing fee as well. A husband and wife may file together and the fee will never change.

Do I need to be present in all court dates?

You must attend a proceeding called a meeting of creditors or a 341 meeting. Creditors may or may not come but you will meet a bankruptcy trustee for sure. This event will happen 40 days from filing. At this meeting you may be asked about your financial position. Creditors and trustees have the right to file a motion or adverse action at this time. Remember you can dispute some debts at this time. If your scheduled for additional court dates you will get a notice in the mail.

Is bankruptcy an unwise decision?

Your debt has already damaged your credit so a bankruptcy won’t hurt. Unpaid debt is far worse than a bankruptcy. Be aware that a bankruptcy will remain on credit report 10 years. I knew a lady who filed bankruptcy and after it was done she was able to secure credit for a new home. Many people just need a fresh start. Bad debt can hurt the ones you love. You will want to make wise money choices after filing. The required skills needed to handle money have not been taught to most people. This can happen if you or your parents were never educated on how to handle money or if you never had enough money to handle. Vow to make good money choices in the future and you never have to be in debt again.

Bankruptcy: What you Should Know is a post from: the irs team

Chapter 13 and chapter 7 bankruptcy is a lawfully declared situation in which a person or business becomes insolvent; it means that they are not in a position to pay their creditors. There are several causes of insolvency; among them is an uninsured chronic disease, which requires to be hospitalized for a certain period of time.

Debt is a part of life these days, but excess of debt can make life complicated to enjoy. There are two potential solutions to get independence from this trouble and get rid of your financial worries. It includes submitting file for insolvency and negotiating with Debt Settlement Company. Before you choose any option, it is important to know the pros and cons of using a debt settlement company versus filing for insolvency to alleviate your financial misery.

Negotiation with Debt Settlement Company is the first solution after personal insolvency, and there are some factors that will examine whether negotiation with debt settlement companies is right or wrong. You need to see your monthly income; if it is more than your essential living expenditures, debt settlement may help you to resolve your financial crisis. You must ask each debt settlement company about their unsecured debt balance necessities to decide which debt arrangement company is right for your circumstances.

Look for honest debt settlement companies because you cannot bear any more shocks at this stage. You need to look at the fee which must be reasonable according to the amount of services rendered. You have to find a company who has a strong record of efficiently negotiating with the creditors. You have to make your mind and get yourself ready to accept the disadvantages of debt settlement programs such as the increased creditor calls, lawsuit initiated by creditors, tax troubles etc.

You may discuss your financial problems with a legal representative who have specialized in bankruptcies. A legal representative can prove to be a strong hand, in order to get independence from your all financial worries.

An IVA (Individual Voluntary Arrangement) is a kind of debt management plan set up to deal with personal debt and with the issue of personal insolvency. The needs of one individual may be vastly different from the needs of another. Any IVA help given must take into account the vast nature of the situation, in which people find them.

Another simple solution for personal insolvency is filling for bankruptcy. You can determine whether filing for bankruptcy is a better solution as compared to other solutions. When other kinds of debt settlement plans fail, one is left with bankruptcy filing as the only option. It is a legal process that gives you the option of declaring your current financial position through a court case. In filing the petition, there are a number of chapters under which you can file your case, depending on your ability to repay the debts.

Private debt management companies are the areas of economy that are doing well even in the recession. Debt solutions, such as personal bankruptcy, Individual Voluntary Arrangements and debt management plans are proving to be extremely acceptable by the debtors. Debt solutions help people to either manage or write-off debt, as well as help to prevent creditor harassment.

Bankrutpcy Advice: Overuled is a post from: the irs team

Sure, you can file for bankruptcy and have many of your debts cleared off your books through a bankruptcy discharge. But, how do you know if you need to file for bankruptcy? At what point do you throw up the white flag to your creditors and declare bankruptcy? Here are 10 signs that are strong indicators that you may need to file for bankruptcy:

1. You've depleted your savings and are considering cashing out your retirement savings to pay your bills; 
2. You're living on credit cards and your debt increases rather than decreases each month; 
3. Your family has given you loans or bought you food; 
4. You're behind on your rent or mortgage, or are in foreclosure; 
5. You're anxious when the phone rings because the only calls you get are from debt collectors; 
6. You can only afford to pay the minimum payments on your debts and have high interest rates; 
7. You're using the legal loan sharks at those payday advance shops to get cash; 
8. You know you have a lot of debt, but don't exactly know how much and you're afraid to look; 
9. Your car is about to be repossessed; 
10. You're being sued and you know you cannot afford to pay for any judgment.

If you, or someone you know is experiencing extreme financial hardship during these challenging economic times, it's important to take action sooner rather than later. The sooner you discuss your situation with a trusted authority, like your local bankruptcy lawyer, the more likely you will be able to have your debts discharged without having to go broke doing it. This means that you can save your retirement for retirement and still get out of debt.

Chapter 13 Bankruptcy: Yes We Can! is a post from: the irs team

Chapter 7 Bankruptcy For Individuals

Individuals can file for bankruptcy under Chapter 7 can have certain debts discharged if they meet the necessary criteria. These necessary criteria were established under BACCPA (2005) and now include both a means test and the requirement to receive credit counseling.

Before being granted a Chapter 7 bankruptcy an individual will need to show that their disposable income falls below a certain threshold which will vary slightly from state to state based on the average income of that state.

The individual will also need to have received credit counseling from an accredited organization at some stage in the 180 days prior to their petition to be declared bankrupt.

Under Chapter 7 certain assets can be kept by the individual while others will need to be sold off to pay back some of the debt.

There are also certain debts which cannot be discharged under Chapter 7. These would include such things as child support, property taxes, income taxes incurred in the past three years, student loans and fines. 

Chapter 7 Bankruptcy For Businesses

A business may file for bankruptcy under Chapter 7 if they are heavily in debt and cannot service this debt with the current income of the business.

A Chapter 7 trustee is appointed and they will generally order the cessation of operations. At this point they have a couple of options. The most common of these is to simply take stock of the assets of the business and sell these off in an attempt to pay the creditors the money owed to them.

The second option applies mainly to larger businesses. If possible, individual divisions of the business may be sold to other companies to help meet the debts.

Under a Chapter 7 bankruptcy for a business the debt is not discharged. Instead the business is dissolved.

It is recommended that anyone filing for Chapter 7 Bankruptcy seek legal assistance. One of the provisions of this category of bankruptcy is that your petition will automatically be denied if you have had a petition rejected in the past 180 days. What this basically means is that if you apply and are rejected because you prepared your case inadequately you will not be able to reapply for six months.

And when you are in financial trouble, waiting this long may be too late – so it's important for you to get it right the first time.

Chapter 7 Bankruptcy: Yes You Can is a post from: the irs team

First of all, declaring personal bankruptcy will leave you with a tarnished credit record. Your bankruptcy will show on file for ten years and you may find it almost impossible to obtain credit. And even in situations where you are able to get credit, you will find that the interest rate you are offered, as someone deemed a high risk borrower, is very high. While you can indeed build positive credit back up, you should bear in mind that the first couple of years following your bankruptcy in particular could be incredibly difficult for you.

You should also consider the fact that bankruptcy, even chapter 7 bankruptcy, does not eradicate all types of debt. In particular, you will find that almost invariably, student loans, alimony, outstanding taxes, child support and criminal fines will remain outstanding even after bankruptcy. If this type of debt makes up the bulk of what you owe, then there is a real possibility that bankruptcy would have very limited benefit for you.

You should also bear in mind that your possessions and assets may be at risk. Of course, most people who reach the stage of declaring personal bankruptcy have very little in the way of high value possessions and assets, but you should be aware that they could be seized in contribution to repaying what you owe. Bear in mind too that you are not guaranteed that your home is safe. It's most probably exempt from being seized but check with a lawyer. This will depend on the homestead exemption in your particular state and on the value of your home.

Personal Bankruptcy: Ge The Scoop is a post from: the irs team

Taxes

If you owe non-dischargeable tax debt, Chapter 13 can be a great option to have up to 5 years to repay the debt interest and penalty free. This allows you to repay the IRS on your terms – not theirs.

Curing arrearages on mortgage and cars

Chapter 13 is a good option for those clients that are behind on their home or car payments. Chapter 13 will allow you to "catch-up" and make up those payments during your plan. If you financed your vehicle more than 910 days ago, we can also "cram down" your vehicle, meaning, you only have to pay back an amount equal to the current fair market value. Regardless of when you've purchased your vehicle, Chapter 13 will allow you to lower your interest rate on vehicles (generally between 5-6%).

Lien Strip

This is probably one of the most compelling reasons to file for Chapter 13. If the fair market value of your home is less than the value of your first mortgage, hence leaving your second mortgage wholly unsecured, Chapter 13 allows you to "strip" the second mortgage. After completion of your Chapter 13 plan, you can keep your property subject only to the first mortgage. For example, let's assume Bob has a home with a first mortgage of $400,000 and a second mortgage of $200,000. The current fair market value is $300,000. He can file for a Chapter 13 and strip the second mortgage. After 5 years, he will be left only with the first mortgage on his home.

One of the most common misconceptions about Chapter 13 is that the Debtor will be required to pay back all of his or her debt. Not true. Most often, the Debtor will end up paying as low as 0 – 5% of the unsecured debts (such as credit cards, medical debt, etc.) How much you will end up paying into the plan will depend on several factors including: 1) income, 2) expenses, 3) unexempt assets, 4) secured property, and 5) priority debt.

Disclaimer: The information contained in this newsletter is informational in nature and not legal advice. You should consult with a lawyer about your specific circumstances.

Chapter 13 Bankruptcy: Can It Help? is a post from: the irs team