Oftentimes people who contemplate filing for bankruptcy are bogged down by debt. Their focus tends to be that they are broke and have no money to pay their debts, such that assets are an afterthought if a thought at all. When filing bankruptcy, not only are income, expenses, and debts considered, assets also play a vital role in selecting the Chapter one decides to file under. What is an asset? An asset as is a financial contract or physical object with value that is owned by an individual, company, or sovereign, which can be used to generate additional value or provide liquidity. See Black’s Law Dictionary Free Online Legal Dictionary 2nd Ed, http://thelawdictionary.org/asset-2/ (last vi
When you owe money to someone else, that is considered a debt. However, owing money is not necessarily a bad thing. Debt can help with large purchases such as cars or houses, as long as you keep a budget and manage your debt. Debt can become a problem when you are no longer able to pay back the money owed. This can happen for many reasons. At this point, debt collectors might call you and you might have legal problems if you cannot pay back the money. Sometimes, debt can hurt your credit history. Debt collectors are people or companies who try to collect money you owe to someone else. Debt collectors must follow rules when they call you. If they do not follow the rules, you can complain abo
In a Chapter 7 or 13 bankruptcy, you must attend a “341 meeting," also known as the meeting of the creditors. This meeting typically takes place at a federal building in a meeting room with other debtors, the trustee (who looks over the case.) and in some cases, creditors. Here's how you can prepare: Receive Notice from the Court- Shortly after filing, you will receive a notice from the Bankruptcy Court setting your 341 meeting date, time, and location. This notice will also indicate your assigned Bankruptcy Trustee. The 341 meeting will take place at least 21 days but no more than 40 days after you file bankruptcy. Provide Documents to your Trustee- Your Bankruptcy Trustee will request that
Unless otherwise indicated, all debts, including vehicle and home loans are personally discharged in a bankruptcy. However, creditors maintain security interests in property. A Reaffirmation is a promise to repay a debt which would otherwise be discharged in your bankruptcy case. Request a Reaffirmation Agreement - Request a Reaffirmation Agreement from each Creditor for each loan you wish to reaffirm. You may need authorization from your attorney to speak with a creditor first. Creditors may negotiate new rates or terms, so be sure to ask if you can get a better deal. Not all creditors will send reaffirmation agreements, but if they do, they will complete the loan details. Complete and sign
