What can Bankruptcy Do to Prevent Foreclosure on my House?

If you are facing foreclosure on your home, bankruptcy is an excellent way to stop the foreclosure proceedings. The biggest protection offered by bankruptcy, the automatic stay, protects you from creditors who are attempting to harass you by threatening foreclosure, repossession, garnishment, and more, so thankfully bankruptcy can prevent foreclosure on your home. One thing to be aware of if you do choose to file for bankruptcy because of an imminent foreclosure is that in this specific scenario filing under chapter 13 is substantially more advantageous for you. Filing under chapter 7 will only give you five or six months’ worth of protection, and isn’t able to completely discharge secured property debt. Filing under chapter 13, however, will give you three to five years’ worth of protection along with the possibility of repaying back some of your mortgage so that as soon as you receive your discharge you still won’t be under threat of losing your home.

If you are struggling with a seemingly imminent foreclosure, it would be to your advantage to set up a consultation with a local bankruptcy attorney in order to understand how bankruptcy can help you in your current situation.

How are Student Loans Treated in Bankruptcy?

Student loans unfortunately are usually considered nondischargeable unsecured debt, so if you choose to pursue filing for bankruptcy your student loans will not be discharged with your other debt at the end of your case. Nevertheless, one advantage of filing for bankruptcy includes the protections of the automatic stay, an official order issued as soon as you file for bankruptcy that prevents creditors and other institutions to whom you owe money from attempting to collect the money they’re owned for the duration of the case. Student loans are included in the automatic stay, so filing for bankruptcy can provide some breathing room in which you can focus on eliminating or prioritizing other debts like vehicle loans or mortgages in chapter 13 without having to worry about paying back student loans until your case receives a discharge. In some rare cases student loans can be discharged in bankruptcy, but only if “undue hardship” can be proved according to §523(a)(8) of the United States Bankruptcy Code. “Undue hardship” has three characteristics: debtors with undue hardship cannot maintain a minimal standard of living for themselves and their dependents if forced to repay student loans, the state of hardship the debtor is in is likely to continue based on additional circumstances, and the debtor has made efforts in good faith to repay their loans.

To better understand if filing for bankruptcy is the right choice for you, it is recommended you set up a consultation with a local bankruptcy attorney.

Smart Money: Your Tax Return Could be a Ticket to Financial Freedom

This tax season, the average American taxpayer is receiving a $3,000 return. What

will you spend your tax return on this spring? Studies have shown that 43% of

Americans put their tax return into savings, 36% put the money towards paying off

their debt, 10% put money towards vacation, 6% purchase a luxury item, and 5%

make a necessary purchase, such as a house or car. While all are worthy ways to

spend money, paying off your debt could be the best investment you can make

with your tax return if you are in debt. Carrying around high-interest debt, with

interest compounding against you every month can be especially stressful. Surveys

tell us that debt is the most common cause of financial stress in the United States.

Your tax return could be a ticket to financial freedom.

If you have excessive amounts of debt that you are struggling to pay off, you could

spend your tax return most efficiently by putting the money towards filing for

bankruptcy. Bankruptcy offers the opportunity for you to get caught up on mortgages

or car loans without the threat of repossession or foreclosure and sometimes you can

be relieved from the legal obligation to pay some debts. To better understand if this

is something worthy of investing your tax return in, set up a consultation with your

local bankruptcy attorney to learn more.

After Bankruptcy: What is Next?

Bankruptcy gives you a fresh start in your financial life. But once you’ve received your
discharge from your bankruptcy, you may not know exactly what steps to do moving
forward.

1. Collect and file all your bankruptcy paperwork

Be sure to keep a copy of your bankruptcy petition, the 40-50 page document that details
your financial information. Also keep your notice of bankruptcy filing  as well as a copy
of your discharge order that you received from the court.

Why should you do this? Sometimes when lenders are considering you for new credit, they
want to see your bankruptcy papers. It is also important to keep these documents in case
anyone wants to collect on your old debt in the future.

2. Start a budget and review it frequently

Many bankruptcies begin as a result of unforeseen medical expenses, job losses, or sudden
family changes such as divorces or birth of children. Creating a budget allows you to prepare
and set goals for the future. There are many great budgeting tools you can access through
apps on your phone.

3. Start an emergency fund

As part of starting a budget, you will want to designate some funds for unforeseeable
emergency financial events. This fund could even turn into retirement savings or college
tuition savings in the future.

Why should you do this? This fund will prevent you from creating new debt when
emergencies arise. This fund will also make you feel less anxious about your finances and
prevent panic when emergencies happen.

4. Think about ways to improve your credit

Fresh out of your bankruptcy, you will have little to no debt. This is a great opportunity to
build your credit. However, be careful not to let yourself get carried away. Begin with a
small credit limit, monitor your charges, and pay more than just the minimum amount every
month. Another opportunity for building credit is by investing in a secured-CD.

5. Explore financial management resources in the area

Because bankruptcy allows a fresh start on your financial life, it never hurts to learn more
tips and tricks to navigating personal finance in the future. You can check out free seminars
offered by local non-profits or community colleges.

Discharging Student Loans

If you are looking to discharge your student loans, it is a complex process, but not impossible.

After 1990, student loans are no longer considered “dischargeable.” This means that in order

to seek relief, an adversary proceeding is required--a lawsuit must be filed separate from the

bankruptcy case. You must prove that the payment on your student loans causes an undue

hardship. Most courts use the Brunner test to measure the burden of the debt. It is a three-

pronged evaluation that requires the following: 1) the individual and their dependents

cannot maintain a minimal standard of living if they were required to pay the student loan,

2) there must be additional factors that guarantee this poor standard of living will continue

throughout the whole payment period, and 3) the individual has made good faith effort to

pay the loans. If you can demonstrate that you meet these conditions, your student loan

could be cancelled as a whole.

There are advantages and disadvantages to discharging student loans. To better understand

if filing for an adversary proceeding is for you, it is recommended that you set up a

consultation with your local bankruptcy attorney.

Bankruptcy And The Automatic Stay

An Automatic Stay is a legal device in bankruptcies that prevents a creditor from continuing to attempt collections after the Chapter 7 or Chapter 13 bankruptcy has been filed.  This break from collections agencies and creditors can provide an individual with the opportunity to take steps toward getting their financial lives back on track.  It should be noted however, that creditors can request for a removal of the automatic stay.  If the creditor can provide appropriate justification for their request, the bankruptcy court will sometimes grant this request.  To better understand how an Automatic Stay will affect you during your bankruptcy, it is recommended to contact a local bankruptcy attorney.

Bankruptcy Meeting of Creditors

Approximately a week after you file your petition, you (and all the individuals you put in your bankruptcy petition) will receive a notification that a "creditors meeting" has been set. The bankruptcy trustee runs the hearing and, after swearing you in, will ask you questions about your assets and the documents you submitted. Your bankruptcy attorney will be at that hearing with you. In the large majority of Chapter 7 bankruptcies, this is the debtor's only visit to the courthouse.

For more information on our services, feel free to call one of our lawyers at our Grand Rapids' office at (616) 920-0555.