Bankruptcy Legal Tips

Very important first tip: Check the new Bankruptcy Act of 2005

There is new bankruptcy Act that will be started October 17, 2005. Any past bankruptcy law or information may not be valid. Check with this new act and our bankruptcy lawyers.

Get copy of your credit report, print all three major reporting agencies. Find out if the information is correct, make sure first there is no fraud or wrong entrees. Bring these credit report document to our bankruptcy lawyer.

There are many options for bankruptcy, business options and personal options. You may have the right to keep your car , house, send payments and much more.

Make sure you tell your bankruptcy lawyer everything about your spending and your financial life. They may give you more options as you give them more information.

Bankruptcy has many types

Chapter 7
Chapter 13
Chapter 11
and more

Personal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far-reaching. A bankruptcy stays on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job. Still, it is a legal procedure that offers a fresh start for people who can' t satisfy their debts. People who follow the bankruptcy rules receive a discharge - a court order that says they don' t have to repay certain debts.

There are two primary types of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy court. The filing fees run about $185 for Chapter 13 and $200 for Chapter 7. Attorney fees are additional and can vary.

Chapter 13 allows people with a steady income to keep property, like a mortgaged house or a car, that they otherwise might lose. In Chapter 13, the court approves a repayment plan that allows you to use your future income to pay off a default during a three-to-five-year period, rather than surrender any property. After you have made all the payments under the plan, you receive a discharge of your debts.

Known as straight bankruptcy, Chapter 7 involves liquidation of all assets that are not exempt. Exempt property may include automobiles, work-related tools, and basic household furnishings. Some of your property may be sold by a court-appointed official - a trustee - or turned over to your creditors. You can receive a discharge of your debts through Chapter 7 only once every six years.

Get your credit report printed out  from the big three


Your Credit Report

Your credit report contains information about where you live, how you pay your bills, and whether you’ve been sued, arrested, or filed for bankruptcy. Consumer reporting companies sell the information in your report to businesses that use it to evaluate your applications for credit, insurance, employment, or renting a home.

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies. Under the Fair Credit Reporting Act:

You have the right to receive a copy of your credit report. The copy of your report must contain all the information in your file at the time of your request.
Each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – is required to provide you with a free copy of your credit report, at your request, once every 12 months. The companies are rolling this out across the country during a nine-month period. By September 2005, consumers from coast to coast will have access to a free annual credit report if they ask for it.

Under federal law, you’re also entitled to a free report if a company takes adverse action against you, like denying your application for credit, insurance, or employment, and you ask for your report within 60 days of receiving notice of the action. The notice will give you the name, address, and phone number of the consumer reporting company. You’re also entitled to one free report a year if you’re unemployed and plan to look for a job within 60 days; if you’re on welfare; or if your report is inaccurate because of fraud, including identity theft.

Otherwise, a consumer reporting company may charge you up to $9.50 for another copy of your report within a 12-month period.