When you file bankruptcy, whether it be a Chapter 7 or Chapter 13 filing, the bankruptcy trustee plays a big role in the process. Once you and your bankruptcy attorney have filed a successful bankruptcy petition, the bankruptcy court assigns a bankruptcy trustee who will be charged with executing your estate. In a chapter 7 bankruptcy the trustee will sell your non-exempt property and use the proceeds to pay back your creditors. In a Chapter 13 bankruptcy case, you make one monthly payment to the trustee who then devise it up to your creditors according to the payment plan that the court approves. Anyone filing bankruptcy must be completely honest and forthcoming about their accounts, assets, money, and property. You cannot hide or get rid of money or property before or during a bankruptcy without getting it approved by the trustee and courts. A bankruptcy attorney will be able to explain this to you in greater detail and offer you advise on property that you do want to get rid of.
When people talk about filing for bankruptcy, it is usually a Chapter 7 case. However, a Chapter 13 filing offers an individual in financial distress a variety of advantages. In a Chapter 13, the debtor submits a repayment plan that sets forth how all your creditors will be paid. As long as you are making your monthly plan payments, you can keep ALL of your assets (even non-exempt assets). Your plan will pay your creditors, fully or partially, over a period of three to five years, interest free!
Imaging yourself accepting you’re first credit card and immediately you begin to frivolously spend all the money your bank offers you. However, come to find out, you didn’t realize there was a consequence to your spending and now you are eagerly trying to pay back the money you owe with interest. Now take that scenario and apply it to our government spending in the United States. The author of “Going for Broke,” Michael Tanner, explains in his book the current financial crisis America is subjecting themselves to in the long run. Governmental officials of various political parties are turning blind eyes to the ever-increasing concern of stability in the United States. More of our taxing paying dollars are being used to chip away at an increasing debt that our government has no intent on fixing. The goal of this paper is to address Tanner’s issues with the growing economic deficit of the American people and its complacent government. Some questions Tanner emphasis on are: what can of debt does America have, where is the taxpayers' dollar being spent on, and what will happen to our economy if nothing is fixed?
As a nation, America has accumulated a tremendous amount of debt which will affect not only the lives of the current citizens, but generations thereafter. Currently, the United States public debt is approximately $9.5 trillion, in long form, that’s $9,500,000,000,000. This ridiculous amount of money is a historical accumulation of misappropriated surpluses and exacerbated deficits. It is important for American citizens to not only understand the national debt concept, but also understand the causes and effects that lead to this
Most people file for bankruptcy because they’re indebted to a person or corporation, like a bank for example. When you file for Chapter 7 bankruptcy, an impartial trustee is appointed to your case and handles the liquidation of
Countries around the world are facing a dramatic recession, which is forcing them to spend capital they do not have. There are few sovereign states immune to the financial deficit that seems to even plague world super powers, such as The United States. This is unnerving due to the power and influence that the United States holds on the world stage. No matter how frugal the future budget may be and regardless of future financial success how will the United States overcome a deficit of 14.7 trillion dollars? Regarding this harsh reality there are two factions, one which believes the deficit is a necessary evil. The other believing that a deficit so large can be nothing but malignant to the contentment of the American common welfare. The
Although a fundamental lack of money is the essence of most types of bankruptcies, there are some common causes as well. For instance, Krulick (2016) reports that, “Chapter 11 is used primarily by larger companies that want to continue doing business throughout the bankruptcy process and after it is completed” (p. 3). In addition, even some solvent firms may elect to seek the shelter of a chapter 11 proceeding to allow them sufficient time to reorganize (Krulick, 2016). Some of the common causes of consumer bankruptcies include the following:
Awhile back many of our bankruptcy laws we have today were not in place a while back. If a person went bankrupt they would be on their own and would not be able to get help from the government or learn how to manage their money. Today we have many new laws to help people in these situations. In 2005 is when the laws were last updated. Many of these laws state that if a person does not have enough money or is running out of money they are required to go to court and file for bankruptcy. Once filed for bankruptcy people can get some money from the government or they get a person that helps them manage their money and make plans on how to save their money. Today we have many laws in place to help people in these situations.
Over the years, the process of declaring bankruptcy has become incredibly simple. Because of this change, the number of people declaring bankruptcy is at an all time high. Today, bankruptcy is a common thing among companies and individuals alike. The American bankruptcy law allows people to avoid paying their debts by offering the debtors a discharge without a harsh consequence. By not having repercussions for their actions, bankruptcy filers often plan future bankruptcies, allowing them to steal even more money from creditors with no punishment. There are 13 different chapters in the bankruptcy system with the principal chapters being 7,11, and 13. You can only file for bankruptcy under these three chapters, the others are there to
The National Debt in America has been a major concern for many years. The United States has spent a large amount of money, accumulating trillions of dollars in national debt. The United States national debt is the sum total of all deficits. National debt poses a threat to future generations. While the majority of Americans recognize that debt is not a good thing. Yet, many Americans grapple with comprehending the theories of the national debt and deficit. More importantly, if Americans were enlightened about the economic policy they could relieve the economy. If the government could find a balance between creating more revenue and spending less money, educating the public of the national debt. Americans could reduce the amount of federal budget deficit and the national debt.
When reviewing the American Bankruptcy Institutes website I was researching the total number of bankruptcies in 2012, the total number of non-bankruptcies in 2012, and the total number of business bankruptcies in 2012. My findings concluded that the total number of bankruptcies in 2012 which consists of business and non-business fillings which includes the states and D.C. was 1,232,294 (ABI, 2013). The total number of non-business filings in the states and D.C. in 2012 was 1,232,294. The report shows that there were 811,789 non-business Chapter 7 filings and 352,553 non business Chapter 13 filings in 2012 (ABI, 2013).
Most people would like nothing more than to be freed from their financial debt. Personal bankruptcy can provide you with legal protection from your creditors and take care of much or all of your debt. There is the chance you will get to keep your home and car. In other words, personal bankruptcy can be the salvation to financial ruin. By wiping out your old debts, you will find yourself in a better position to pay your current bills.
Not everyone qualifies for Chapter 7 bankruptcy. Therefore, filing for this type of protection is only a good option for you if you meet the eligibility requirements. Among other qualifications, your income must be under the state median in order to file Chapter 7 bankruptcy, according to the United States Courts. If your income is over the median, you may still qualify if you are able
Chapter Seven personal bankruptcy is many times known as "straight" or alternatively "liquidation" bankruptcy -- it cancels your current debt, but one may have to let the bankruptcy court liquidate some of an individual's possessions for the benefit of your debt collectors. ("Chapter 7" pertains to the section of the particular federal government Bankruptcy Code which has the bankruptcy legislations.)
1.Unemployment at rates higher than the national average: This is one of the main reasons that people file for Chapter 13 Bankruptcy Protection-- to keep from losing everything they have worked for when they lose their job, to include their home and their vehicles.