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Published byQuentin Hutchinson Modified over 9 years ago
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Bankruptcy
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What is Bankruptcy? A federal court process that can eliminate your legal responsibility for many debts or let you replay them over time
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Common Reasons People File Medical expenses Lack of adequate insurance Over-extended credit Divorce
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Chapter 7 Bankruptcy? “Liquidation” Bankruptcy: removes debts that are not secured by collateral or property/gets rid of most debt The means test: compares your income to the state median Requirements Pre-bankruptcy counseling and education Copies of tax returns Certification of credit counseling win in last 6 months Evidence of earning within the past 60 days Net income/photo ID
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What debts cannot be discharged? Child support Alimony Student loans Legal fines and penalties Income tax from last 3 years Luxury items purchased 60 days before filing Cash advances made 70 days before filing
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Types of Bankruptcy Chapters 13 (11 similar businesses) “Reorganization” Debt payments over 3 to 5 years Keep property if making payments on time Some creditors will be paid back in full with interest, others in full and the remainder will be repaid a percentage of the debt. *Bankruptcy panel decides on debts, not person filing *Missing a payments can result in liquidation
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Consequences of Declaring Bankruptcy Difficulty getting credit, finding a job, getting insurance and renting Rate 6.25% to 6.50 above prevailing rate Annual fee credit cards… Chapter 7 Bankruptcy remains on credit report for 10 years; Chapter 13 remains for 7 years
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Bankruptcy Facts Average age: 38 Education Level: slightly better than the population at large Filing status: 44% files as a married couple
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