In Financial Crises in Plano, Texas? Consider Filing Chapter 7 Bankruptcy
If you live in Plano, Texas and find yourself in a financial crisis that you cannot seem to get out of, then you may want to consider filing for Chapter 7 bankruptcy.
Under this chapter, it is possible to liquidate all your unsecured debt - such as credit card bills, signature loans, payday loans and medical bills - where you have not given any collateral.
Below are details of filing for bankruptcy under Chapter 7.
The Advantage of Filing under Chapter 7
The biggest advantage of filing under Chapter 7 with the help of an experienced bankruptcy attorney is that you can get a fresh start in your financial life within 4 to 6 months, which is normally the time it takes for your case to get discharged.
Your unsecured debts are liquidated, and your creditors will have to stop harassing you. This includes foreclosures or repossessions. A trustee will be appointed by the bankruptcy court - and that trustee can sell your unprotected or non-exempt assets to pay off your creditors.
Once your case is disposed under a Chapter 7 bankruptcy, your credit rating will also start to climb back into positive territory again. Depending on your case, you may also be able to retain all your assets such as your home and car.
Do You Qualify For A Chapter 7 Bankruptcy?
Prior to your bankruptcy attorney filing for any bankruptcy on your behalf, you will need to undergo credit counseling by an “Approved non-profit budget and credit counseling agency”, and you will also have to submit proof that you have received such counseling.
According to the new law, applicable from October 2005, you will need to undergo the “means test”. This is a test where your gross income during the 6 months prior to you filing for bankruptcy is compared with the average median income of a family of similar size in Texas - after adjusting all the deductions as specified under the new law.
If your income is below the median income and if, after deducting your expenses from your income, you are not left with at least $100 to pay off your creditors, then you could be eligible to file for bankruptcy under Chapter 7.
If it is determined that you are not eligible to file under Chapter 7, then your bankruptcy attorney may be able to file under Chapter 13. However, it is up to the bankruptcy court to make the final decision after you have submitted the relevant documents.
Documents to Be Submitted
You will need to submit a list of your creditors along with a list of your assets, income, expenses and your liabilities to your bankruptcy attorney. You will also need to provide proof of credit counseling and pay stubs for a period of 60 days before you filed for bankruptcy.
You will also need to provide tax returns. Your bankruptcy attorney will submit all these documents to the bankruptcy court within 45 days of filing your petition; otherwise your case could be dismissed.
Remember - that you can get discharged under Chapter 7 only once in 8 years.
Filing for bankruptcy under Chapter 7 is a faster way of getting your creditors off your back, so that you can concentrate on getting your financial life back on track.