The Effect of Filing for Bankruptcy on a Home Foreclosure

The Effect of Filing for Bankruptcy on a Home Foreclosure

In the years leading up the recent financial crisis, the housing bubble spurred a dramatic rise in new home ownership. At the same time, many of the nonconventional mortgage schemes (also known as “subprime” loans) precipitated many of the financial woes currently being felt by millions of Americans. Burdened with rising debt, adjusting mortgage payments, and sharply falling home values, many homes are falling into foreclosure. This article discusses how filing for bankruptcy can affect a home foreclosure.

Foreclosure the legal proceedings initiated by a creditor to repossess the collateral for loan that is in default. In the case of a home mortgage, mortgage lenders will start foreclosure processes about three to six months after the first missed mortgage payment. In Oregon, a legal proceeding is required, in which the home owner is required to appear in court. If the borrower does not appear, the lender obtains a judgment assigning the title of the property back to the lender. The lender can then obtain an order requiring the home owner to vacate the property. After the lender takes possession of the property, they can try to sell the house at fair market value. The difference between the sale price and the balance of the loan is called a deficiency, and the lender can sue the home owner for the deficiency.

When you file either a petition for bankruptcy under either Chapter 7 (also known as “liquidation” or “total discharge”) or Chapter 13 bankruptcy (also called “wage earner repayment plan”), the court automatically issues an order, called the Order for Relief. Under the order for relief, and the Bankruptcy Code, the debtor is protected by the “automatic stay.” The automatic stay requires your creditors to cease their collection activities immediately. If you are currently engaged in a foreclosure proceeding, the proceeding will be stayed or suspended. If your home is scheduled for a foreclosure sale, the sale will be legally postponed while the bankruptcy is pending. However, the lender may come into court and request that the Bankruptcy Judge lift the automatic stay to permit the foreclosure to go forward. A bankruptcy attorney can advise you on what to do if this happens.

Foreclosures under Chapter 13 Bankruptcy

In a Chapter 13 bankruptcy, the court enters an order creating a repayment program. The Plan lets the debtor pay off the arrearage, including late payments over the length of a repayment plan, usually three to five years in some cases. The benefit of filing for Chapter 13 bankruptcy is that the home owner gets to keep their home and get current on the mortgage over time.

A Chapter 13 bankruptcy may also help you eliminate the payments on your second or third mortgage altogether. Unlike your first mortgage, which is secured by the property and the value of the property, you may no longer have any equity with which to secure the subordinate mortgages. Under those circumstances, the court may “strip off” the second and third mortgages and recategorize them as unsecured debt. Under Chapter 13 of the bankruptcy code, unsecuritized debt takes last priority and often does not have to be paid back at all.

Foreclosures under Chapter 7 Bankruptcy

If you do not have sufficient income after your bankruptcy to qualify for a repayment plan, it may be necessary to petition for a total liquidation under Chapter 7. If you are not able to afford your mortgage payment after your bankruptcy (for example in the case of death, divorce, or long-term unemployment), the debtor can surrender the property back to the lender. If you are filing for Chapter 7 bankruptcy, the final discharge order will at least discharge the debt, including the deficiency. In some cases, it is possible to reaffirm a mortgage, but at the close of the bankruptcy case, the debtor must immediately get current on the arrearage, including late payments and charges; otherwise the lender can start a new foreclosure proceeding.

Bankruptcy Chapter 13 Codebtor Stay

Once a debtor in Maryland files a chapter 13 cases this triggers what is known as the automatic stay. The automatic stay prohibits.

In addition to protecting the debtor, a chapter 13 has another powerful tool that goes into effect once the case if filed. This is known as the codebtor Stay. This stay prohibits any attempt to collect all or part of a consume debt of the debtor from any codebtor.

It is important that to note that this protection includes codebtors who are liable on the debt as well as Codebtors who contributed an asset to secure the debt such as a car or home.

In the real world this is how this works. Let’s debtor needs a loan but because of poor credit collateral is required to obtain the loan. A common example familiar to most folks is a car title loan. Our debtor goes to a family member who agrees to put up their car as collateral for the loan with the debtor is set to make the payments.

Assuming Debtor is eligible for chapter 13 which means that her or she has less than $336,900.00 in unsecured debt such as credit cards and less than $,010,650.00 dollars of non-contingent, liquidate, secured debt such as mortgages. Then a chapter 13 filing would provide protection to the debtor and Codebtor against collection efforts on the title loan. The title loan company would be prohibited from taking any actions that were aimed at collecting on the loan against both the debtor and the codebtor.

As you can imagine, this is a significant relief for the family member in our scenario because without the codebtor stay they would be faced with collection calls, law suits, garnishments and potential repossession.

The availability of codebtor stay in chapter 13 is a helpful tool that allows the debtor to reorganize without pressure, directly or indirectly, from the creditors. It goes without saying as well that it is helpful to the debtor that family member or friends who are willing to co-sign debts or put up collateral are not hounded by creditors while the chapter 13 case is pending.

As always please consult a knowledgeable bankruptcy lawyer in your area to discuss the specifics of your case.

Protecting Secured Creditor’s Rights In Bankruptcy

There are several protections under Bankruptcy Code for individuals or groups that have supplied services or goods to a debtor on credit before a debtor’s bankruptcy filing date. When done properly, a trade creditor can increase the chances of receiving a distribution from the bankruptcy estate by invoking these protections. If the trade creditor does not take action, the debt might be defined as an unsecured claim. There are several different ways in which a creditor can be protected during a bankruptcy case.

What is a Request for Administrative Expense?

The first protection is offered under Section 503(b)(9) and it is known as a Request for Administrative Expense. If you have sold goods to a debtor within the 20 day period before the bankruptcy case is filed, you can apply for your claims to be considered an administrative expense priority. This is only eligible for goods and not services.

What is a Reclamation Demand?

You may also consider the potential for a Section 546(c) Reclamation Demand. This section is broader than the first example since it is expanded the goods sold in the 45 day period prior to the filing of the petition. In this scenario, however, the rights of sellers to reclaim goods are often subject to prior interests of secured parties. A reclaiming seller will have to file on time for the reclamation demand but he or she might also need to file an adversary proceeding to prevent the debtor from using the purchased goods or from commingling the goods with other supplies.

What is Post-Petition Assertion of Mechanics’ Lines?

Finally, another option for a secured creditor is the Post-Petition Assertion of Mechanics’ Lines. States have all adopted laws regarding the protection of creditors whose labor, services, equipment or materials were used to improve the land of the debtor.

Even when a secured creditor takes all these steps, it is important that no other action is taking during the bankruptcy case to impair these rights. For example, a debtor might take action to sell property free and clear of liens, and this sale would include mechanic’s liens.

From the perspective of secured creditors, there have been actions taken to protect their interests when a debtor files for bankruptcy. When used properly by an experienced attorney, the provisions listed above can be extremely helpful in moving a case forward and having the interests and rights of the creditor at the forefront of a bankruptcy case. A creditor must take action by speaking with a qualified attorney from the outset.

How Credit Report is Affected by Foreclosure And Bankruptcy?

Foreclosure and bankruptcy can leave negative impacts on the credit report. Filing for bankruptcy may let you keep your home after the court decides about the working plans for you; but bankruptcy is not the way to do so. In homeownership crisis, there are many ways which can be thought of while deciding for a solution.

There is a need to know about the one, between foreclosure and bankruptcy, which proves better for you in the long run. Following are details informing about the long-term and short-term effects of bankruptcy and foreclosure on your credit report.

Influence on your credit score

You will have low credit score with a bankruptcy than a foreclosure. Score tagged as “good” in the range of 680 will take away 105 points in case of foreclosure. On the other hand, bankruptcy can wash away 150 points. Also, score is proportional to the damage; this implies that high score will witness washing of big scores.

Bankruptcy can badly ruin credit health, but exception lies here as well. With individuals with big amount of debt paired with poor credit score, bankruptcy could actually unite increment with the scores. With debt counting up to 30% of credit score, filing for Chapter 7 bankruptcy can get rid of the amount under debt, and the individual will credit check to realize the boosting in score.

Influence on your credit card approval

Filing for a bankruptcy means closing credit card accounts. Although those debts will be taken away from you, difficulty will play its part while applying for new credit cards. An individual would be denied a new credit card due to a spotty credit report accommodating bankruptcy and low scores. In case of foreclosure, lenders will consider the individual a defaulter, and this affects the reliability of the credit card payments.

Influence on your future plans

A foreclosure houses the credit report for seven years. If you desire owing a home again, then three is the minimum waiting period after the processing of foreclosure. On the other hand, bankruptcy is present in the credit file for ten years. You can keep your home after designing and making a payment plan with your lenders. Otherwise, with the bankruptcy mark on your report, your borrowing attempt will be failed. Lenders will not show any favors towards fresh filers of bankruptcy.

Both bankruptcy and foreclosure will equally damage your credit score, but remember that there is always hope for everything. You can still work on your credit health and budget wisely to improve your financial health.

The Difference Between Chapter 7 And Chapter 13 Bankruptcy

The decision whether to file for Chapter 7 or Chapter 13 bankruptcy can be difficult. Bankruptcy attorney Benjamin J. Ginter runs the Law Offices of Benjamin J. Ginter in Cranford, New Jersey. Here, he talks about which chapter you need to file to wipe out your debts and make a new start in your life.

Chapter 7 Bankruptcy

A Chapter 7 bankruptcy begins with the filing of a bankruptcy petition. The petition will contain a list of your assets, debts, income and expenses. A bankruptcy trustee is then designated to the case, who is usually an attorney or an accountant appointed by the Bankruptcy Court.

The trustee will oversee your matter. He or she is looking for assets that can be sold with the proceeds going to pay back your creditors. Under the Bankruptcy Law, certain property is exempt, which means the trustee cannot take it from you. Often when you file for Chapter 7 bankruptcy, you are able to keep your certain property because of the exemptions.

Chapter 13 Bankruptcy

When you file for Chapter 13, you are, in effect, proposing a payment plan. You will make monthly payments to the bankruptcy trustee over a certain period of time, usually 2 to 5 years. This type of bankruptcy is known as a reorganization bankruptcy, and it is suitable for those who have non-exempt property they want to keep.

The reason some people may choose to file a Chapter 13 instead of a Chapter 7 is that they have a home with equity that exceeds the exemption amount. If they file for a Chapter 7 under that circumstance, they would lose their home. Therefore, they file for a Chapter 13 so that they can keep their home. You may also have to file for Chapter 13 if your income exceeds the allowable amount and/or you are behind in paying your secured debt (such as a mortgage). Chapter 13 is much more complicated, which is why you need an experienced attorney guiding you each step of the way.

The Difference Between Two Chapters

In short, Chapter 13 is basically a repayment plan, while Chapter 7 is known as straight bankruptcy. It is up to you and your bankruptcy attorney to decide which chapter is more appropriate to your specific needs. Be aware that filing for the wrong chapter, however, can make you lose your house.

If you filed for Chapter 7 in the past eight years, you cannot file again, so you have to file for Chapter 13. In that case, if you have a lot of equity in your home and it is not exempt, you would propose plans to the trustee saying that you would like to keep your home. In return for keeping your home, you would make payments every month.

Federal and State Exemptions

You may choose to use either the federal or state exemptions when you file for bankruptcy. For example, in New Jersey, a single person who files for bankruptcy could be exempted from up to $20,000 of equity in his home if he has it, plus miscellaneous costs including broker’s fees. Often that number could swell up to $30,000.

However, if you have property that clearly exceeds the exemption value � let’s say you have $80,000 of equity in your home and are unable to exempt that � you could consider filing for Chapter 13. That’s because if you file for Chapter 7, the trustee could theoretically sell off your house and use that money to pay off your creditors.

Difference between IVA & DMP

If you are like many people in the UK, then chances are that you have been having some financial problems recently. For some people, financial problems might mean that you have to curb your lifestyle. In other words, you will want to make sure that you are not going out to eat as much or buying fancy coffee beverages every morning. For other people, however, financial problems can actually lead to a serious rethinking. If you have creditors who have been hounding you for money, you need to make sure that you are not ignoring your problems. This is the worst thing you can do. In this article, you will learn about getting the best kind of bankruptcy advice.

The first thing you should know about most bankruptcy advice is that you are going to be confronted with two main choices. You can choose an IVA or a DMP. First, an IVA stands for an Individual Voluntary Arrangement. This is an agreement that you will reach with your creditors. You will agree to a reduced sum to pay and you will also debate various time frames for paying the money back. This is a formal, legal process, which means that you will need to work with a professional who understands the IVA and will be able to help you through the sometimes difficult process of sorting out your finances and reach a logical conclusion.

The second tenet of most bankruptcy advice is the DMP. This stands for Debt Management Plan. This is the option chosen by those who owe more money than they can realistically pay. In other words, the money they owe would be most of their income or it might even exceed the sum total of their income. With a DMP, you will hire a third party to look at the facts. The third party will look at the money you owe and the money you make. Various concerns will be taken into consideration, such as lifestyle and necessary payments for your living space and transportation.

When it comes to which is the best bankruptcy advice, this really depends on your personal financial situation. For many people, the answer is not always clear. This is why it’s a great idea to sit down with a financial specialist who will be able to help you make a decision that makes the most sense for where you are in your life.

How To File For Bankruptcy?

There are many people that have struggled with paying their bills, especially in a bad economy where there aren’t many jobs available. If you are having a very stressful time because you have a mountain of debt that you just can’t pay off you should being considering filing for Bankruptcy in Mansfield, OH. You may struggle with the notion of bankruptcy, but it actually can be a very good solution for people just like you.

If you aren’t sure whether or not you would be able to pay off your debt then you should consult with an attorney about it. You should bring all of your bills that you have and a total of the debt. You may notice that you have even more than you thought. You should have all of the facts in hand before you decide to file so you can be fully informed of what may happen.

Once you meet with an attorney about filing for Bankruptcy in Mansfield, OH you may get a better answer about your debt. They should be able to tell you which chapters you are eligible for and how you can make your life much better. There are several different chapters that you may be able to file for but they all require different things from you. The first chapter is 7 and it is the most common. You are able to file when the court determines that you are able and then you are allowed to sell all of your items that you have a debt upon. You can then pay off your loans and move on from your debt.

The other chapter that other people use is 10 and it also has to be approved to do so. The collector’s allow you to pay them slowly over time and in some cases will also allow you to pay less than what was originally owed. You may be able to stop foreclosure on your home with this chapter as well as keep the belongings that you have debt on. You should discuss all the advantages of either chapter of Bankruptcy in Mansfield, OH with your attorney and decide what way you should go. You may find that your life is much less stressful after the solution has been found. You will be glad that you finally found the answer to your debt that has piled up for so long.

Bank Accounts After Bankruptcy: Helps to Build up Your Savings

Bankruptcy puts an individual in a very awkward situation. As if you declared bankrupt you have to lose almost everything that has your name including your bank account. But as soon your bankruptcy period discharged you will be able to grow and regain your credibility. However, for that first of all you have to open an account to show your worthiness. Bank accounts after bankruptcy give you an opportunity to open new bank account without any hurdle.

Banks have specially designed these sorts of accounts to provide a second chance to people tagged with bankruptcy in their credit history. These bank accounts works almost same like normal bank account and helps account holders to bring bank their financial position in the market.

These bank accounts after bankruptcy are filled with numerous advantages and services that prove to be quite beneficial our bank account holder:

* Provides almost all basic banking services

* Helps to rebuild your banking history

* Enables you to make direct debit to your utility bills with which you can take advantage of discounts and save money

* Helps you in maintaining your budget with direct debit facility

* Low and affordable account opening and monthly fee

* Free and regular updates from bank

* Cash cards that make shopping easier and allow you to withdraw small cash

* Phone and online banking facility

* No unauthorized fee charged on overdraft and late payment

Financial institutes appoint personal money manager with bank accounts after bankruptcy. He/she helps the account holder the make the required steps to regain its fiscal status and fulfil its monetary commitments.

With these accounts you can also eligible for the loan amount. But for that you have to prove yourself trustworthy account holder. You can do so by build up your savings and by avoiding much spending. For that you can also avoid overdrawing and bouncing cheques. Your manger looks at your all transactions and helps you to get further loan amount.

A Way to Choose a Bankruptcy Lawyer

You might be unable to meet your obligations

There comes a time when you have got to call within the services of a bankruptcy lawyer or attorney. You’ll have tried everything within the book including payment arrangements and debt relief. You may have had numerous telephone calls along with your bank manager and you would have negotiated with all types of economic advisers. But the end, when it comes, is brutal in its honesty. You’ll understand that you’ve got no alternative however to file a bankruptcy.

For some individuals this is often the ultimate symbol of monetary failure. You will feel that you’ve got disenchanted your friends and family. You’ll also feel that you have got ruined your life. I personally wouldn’t advise people to fret too much regarding a bankruptcy. What’s done is done. You only have to seem ahead and attempt to resolve you problems.

Getting through the process

The bulk of mistakes that you will build throughout the first phases of your bankruptcy can be primarily thanks to a scarcity of knowledge. That is when you will need the services of the bankruptcy lawyer or attorney who can be able to grant you accurate data about the bankruptcy process and the way it affects you. Not everything that you just hear on television or from friends can build sense when viewed in lightweight of your specific circumstances. That is why you need somebody neutral to appear once you and facilitate your overcome the panic that is inevitable.

If I was during a state of affairs whereby I had no different but to travel bankrupt, I might be wanting to spot the causes of my problems. Once I know the causes, then I will begin to think about the solutions. Sometimes it is something that is beyond your management as what typically happens in the United States of America. In those instances it could be that someone is going bankrupt because they need fallen ill. The selection is between life and financial stability. The bankruptcy lawyer or attorney might still be in a position to assist you here by pointing you to the simplest places to urge relief or different help from the government.

When you select to go bankrupt you may be needed to look before a decide who can hear your case and decide whether or not you should be under the bankruptcy scheme. Some folks are rejected outright for whatever reason but you will be among those that are accepted. You would like to follow the rules rigorously so that you do not foul once more at the last hurdle. If you feel that you are unable to follow the principles that are imposed on you, then you would like to inform your bankruptcy lawyer or attorney. They can decide what the following step is.

How to Protect Money From Creditors in Bank Accounts or How to Save Business Bankruptcy

So your business has run up the, Credit Problems or Credit card bills, you haven’t been thinking twice before spending. And now you have creditors at your doorstep, hounding you for the money you owe them. Your Bankruptcy for Business may go to happen. And you are thinking to go for Consumer Proposal for Filing for Bankruptcy or Bankruptcy for Business. Just don’t go to Canadian Bankruptcy bureau and asks How to file for bankruptcy or how to Stop Garnishment. If you want to go for Consumer Proposal in Alberta or Edmonton, this is the right article for you.

You might have money stashed away in your bank and you need to know that creditors can go after it, if you are not careful. If the creditor takes you to court and wins, he could end up emptying your bank account. The court can order the bank to freeze your account and any money that is recovered goes towards payment to your creditors.

However there are ways and means to protect your money.

Arrange for payments to creditors. When the case goes to court and the creditor wins, make sure you call the creditor or the creditor’s attorney and make payment arrangements. Agree to only the payments that you can afford to make. Ensure that you spread this payment over a few months and that this payment is something that you can comfortably afford. Or you can go for Consumer Proposal in Alberta or Edmonton area for Filing Bankruptcy for Business.

Find out if the money in your account is exempt or not from a bank garnishment. And you want to Stop Garnishment. You should be aware that some sources of income are exempt from bank levies. For example, if you receive income in form of unemployment benefits, welfare, social security, workers comp, disability benefits, Veterans Administration benefits and child support etc, these payments are exempt from a bank levy.

Avoid IRS Prosecution/Audit Experienced in OVDI Disclosures

Most creditors look for financial statements that can give them an insight into the business financials. They look at information about income, existing debt obligations, expenses, salaries, profit and cash flow etc which give them an idea of the overall financial profile.

This information lets creditors know whether the business represents a credit risk, and also the ability to repay debts.

Let us look at some of the parameters they examine.

Current Ratio: This is the current business assets divided by the current business liabilities. In this case, current is defined as a period of 12 months. So what do the assets include? The assets included are- cash, receivables, inventory and prepaid expenses. The liabilities include accounts payable, credit cards and accrued expense.

A current ratio of more than 1.2 is considered a good ratio. Creditors use this ratio to determine the ability of a business to repay its debt over the next year.

The debt-to-equity ratio is used to ascertain the relative proportion of shareholders’ equity and debt used to finance a company’s assets. This ratio helps creditors understand how the business uses debt and its ability to repay additional debt. Total business liabilities divided by shareholder’s equity determines the debt to equity ratio.

Source of Loan Repayment: Creditors need to understand, how the business plans to repay loans or how it will deal with additional debt, with cash flow considered the primary source of debt repayment. Often times, the existing cash flow is insufficient to cover additional debt. Hence creditors need to look at growth trends, one-time expenses that affected cash flow, debt elimination, discretionary spending and expiring obligations to estimate future cash flow. To avoid Filing for Bankruptcy, Consumer Proposal, Bankruptcy for Business and Stop Garnishment.

Secondary Source of Loan Repayment: Cash flow is the primary source of repayment of loans to avoid Bankruptcy for Business or Filing for Bankruptcy. However this cannot be the only source since it may not even be sufficient to cover operating expenses and additional debt repayment. In case of fledgling businesses or in case of businesses that are expanding, it becomes difficult to estimate cash flows. Creditors use financial statements to ascertain collaterals i.e. secondary sources of loan repayment, for example, business-owned real estate, equipment, receivables or inventory. In case a business is unable to repay its debt, creditors may liquidate these items and close the debt.