The decision to file bankruptcy is one that is never made lightly. Although the process can stop wage garnishment and lawsuits, the process can be time consuming and costly. Some Virginia residents who wish to file should contact a Prince William County bankruptcy lawyer. These professionals know the proper procedures to follow and can determine which kind of case should be filed.
Usually, one of two types is filed, a Chapter 7 or a Chapter 13. In a Chapter 7, all assets are liquidated to pay the debts. The remainder of the debts are then discharged. Homeowners in this situation will often have to give up their house and couples can lose their second vehicle. This can place further strain on a family that is already stressed.
A Chapter 13 case is a reorganization of debts. This form allows homeowners to keep their homes as long as they continue to make timely payments. Payments are spread out over several years and are paid to a trustee. The amount paid is based upon the income of the couple or individual. Payments can become a strain if a period of unemployment should occur. However, a lawyer can request a modified plan.
Both types of filers must pay the lawyer fees for filing and handling their case. Many lawyers will begin a case for a flat fee and the remainder of the amount due can be added into the payments. Payments are made to the trustee and must be made each month in a timely manner. Creditors cannot contact the debtor during the bankruptcy period.
Any debts remaining after the payments are made is discharged. The debtor is now free from responsibility for those debts. Any regular payments made, such as car payments or house payments, will continue as before unless the balance was satisfied.
Certain debts are not allowed to be discharged, such as tax bills and student loans. Only occasionally are student loans discharged. These types of debts must be handled differently.
Most student loan servicers allow debtors to request a forbearance or other extension on time to pay. It is also possible to make payments based upon income. After thirty years of payments, the remainder of the loans is often written off. Other methods of removing student loan debt include working for a non-profit agency for several years and claiming permanent disability. Often, even student loans that have been sent for collection cannot be written off.
A bankruptcy does have a significant impact on credit scores and can remain on a credit report up to ten years. A reorganization can result in the score actually rising during the payment period since regular payments are being made. Poor credit scores can result in difficulties purchasing a vehicle, becoming employed, or renting a home. There are companies that will work with people that have bad credit, however. Filing should be the last resort but can help those suffering from large amounts of debt.
Usually, one of two types is filed, a Chapter 7 or a Chapter 13. In a Chapter 7, all assets are liquidated to pay the debts. The remainder of the debts are then discharged. Homeowners in this situation will often have to give up their house and couples can lose their second vehicle. This can place further strain on a family that is already stressed.
A Chapter 13 case is a reorganization of debts. This form allows homeowners to keep their homes as long as they continue to make timely payments. Payments are spread out over several years and are paid to a trustee. The amount paid is based upon the income of the couple or individual. Payments can become a strain if a period of unemployment should occur. However, a lawyer can request a modified plan.
Both types of filers must pay the lawyer fees for filing and handling their case. Many lawyers will begin a case for a flat fee and the remainder of the amount due can be added into the payments. Payments are made to the trustee and must be made each month in a timely manner. Creditors cannot contact the debtor during the bankruptcy period.
Any debts remaining after the payments are made is discharged. The debtor is now free from responsibility for those debts. Any regular payments made, such as car payments or house payments, will continue as before unless the balance was satisfied.
Certain debts are not allowed to be discharged, such as tax bills and student loans. Only occasionally are student loans discharged. These types of debts must be handled differently.
Most student loan servicers allow debtors to request a forbearance or other extension on time to pay. It is also possible to make payments based upon income. After thirty years of payments, the remainder of the loans is often written off. Other methods of removing student loan debt include working for a non-profit agency for several years and claiming permanent disability. Often, even student loans that have been sent for collection cannot be written off.
A bankruptcy does have a significant impact on credit scores and can remain on a credit report up to ten years. A reorganization can result in the score actually rising during the payment period since regular payments are being made. Poor credit scores can result in difficulties purchasing a vehicle, becoming employed, or renting a home. There are companies that will work with people that have bad credit, however. Filing should be the last resort but can help those suffering from large amounts of debt.
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