You Can Get Out Of Debt Fairly Quickly
Saturday, June 4th, 2011Many responsible people are having to file for bankruptcy due to unavoidable circumstances like layoffs , and lowered pay rate , and there is little in the way of additional loans to get you by . The biggest question we ask when we are pinched to the point where we must regard bankruptcy is; how long will a bankruptcy take to finish ?
The answer to that question can depend on several things , like which type of bankruptcy you qualify for and plan to file. Your bankruptcy attorney will give advice here, but there are many types of bankruptcy; Chapter 7 and Chapter 13. Chapter 7 is more difficult to get sanctioned, as it is a straight wipe-out of assets with stringent regulations and criteria. Most folks filing for bankruptcy will be forced to file Chapter 13, after filing a 2 page petition and paying a fee to file.
Your kickoff step will be the actual filing, followed immediately by the petition to your creditors to stop blowing up your phone. They may no longer demand any payments from you for outstanding bills owed, and they can’t try to take you to court or repossess any belongings. You will file this petition , with the names and address of all of your creditors with the court, inside several days of filing for Chapter 13 bankruptcy.
One week after you submit your petition , you will be sendging the court documentation of your assets, cash inflow , expenses, financial plan for the re-organization of debts under Chapter 13, and proof that you are able to stick to your plan.
Next, you will meet with the trustee to finalize your financial plan . This meeting will be anywhere from one to three months after your initial bankruptcy filing, and will take only twenty minutes. The meeting will most likely consist of you swearing to tell the truth, and then answering questions that will be recorded. Your creditors will have the chance to ask you about the financial plan. Very rarely do creditors actually show up for these meetings. The bankruptcy plan begins after this meeting.
On the 60th day after the creditors meeting, there is a deadline for anyone to file complaints that challenge the fairness of being able to discharge a debt you listed .
For Chapter 13 bankruptcy, how long you can stretch out the payments will depend on how much you owe, and how much money you bring in each month. The bankruptcy courts require that all plans take at least 36 months, even if you are able to pay off your debts before the minimal time of three years .
Once you complete your Chapter 13 bankruptcy , you can expect it to stay on your credit report for up to 10 years. Take this into consideration before filing if you want to borrow money and go right back into debt , or are looking for a new job. Potential creditors and employers often do not like to see a bankruptcy during a background check . If a bankruptcy filing is inevitable, take the time to excuse your situation to a potential employer.
When a bankruptcy filing looms , be prepared to hired the best bankruptcy attorney and then gather plenty of documentation, a good long term repayment plan, and plenty of patience .