By Dennis Plank, Attorney
If you’ve been struggling with a mountain of debt, you may be considering bankruptcy as one way to remedy your financial challenges. Bankruptcy is a good solution for many people in Lancaster County, but it is not right for everyone. Each person’s issues and needs vary, so you may want to consult a bankruptcy attorney before making your final decision.
As you consider your financial options, there are some questions many clients ask. If you wonder if bankruptcy is right for you, take some time to consider these questions, and see if they apply to your situation.
Will I Have to Liquidate my Assets if I Declare Bankruptcy?
Every situation is different, but bankruptcies usually don’t require you to sell everything to pay off debts. Much depends on whether you will file Chapter 7 or Chapter 13 bankruptcies. Your income and personal situation will dictate whether you qualify for Chapter 7 or Chapter 13, but in both types of bankruptcy, certain classes of property are exempt. Contact the team at Going and Plank and we’ll explain how property is treated in bankruptcy, and give you all the facts before you make a decision.
Is it Too Late to File Bankruptcy?
People often wait to file bankruptcy, hoping they may be able to convince creditors to hold off until they can repay their debt. That’s why some people are surprised by notices of foreclosure, repossession or lawsuits. Even if you’ve been served notice, it’s not too late to declare bankruptcy. In emergency situations, Going and Plank can often file an emergency bankruptcy, that allows us to stop actions like foreclosure, repossession, eviction, garnishment of wages, or lawsuits. An emergency bankruptcy stops legal actions against you and allows you time to get all the required filings and paperwork in order.
Emergency bankruptcies can help you if you are facing;
Garnishment of wages
Contact Going and Plank to discuss your options, and find out if an emergency bankruptcy makes sense for your situation.
Can Bankruptcy Help Eliminate Medical Bills?
Over 700,000 households declared bankruptcies last year, and many of those were due to the financial consequences of overwhelming medical expense and long-term illness. Having health insurance doesn’t mean you won’t be hit with huge medical bills. If a wage-earner is out of work or ill for long periods of time, financial hardships can be multiplied.
That’s why, after a major or long-term illness, some people find they are facing insurmountable amounts of medical debt. While medical debt can be reduced or even eliminated in a Chapter 7 bankruptcy, in Chapter 13, it may be restructured into more manageable payments.
If you feel overwhelmed by medical debt, Chapter 7 or Chapter 13 may be a smart way to manage or eliminate debt.
Do I Have to Take a Credit Counseling Course?
The short answer is yes. No matter what type of bankruptcy is filed, Pennsylvania state law requires you to complete a credit counseling course with an approved agency. These mandatory courses are designed to help you evaluate and reformat your finances in ways that help you understand ways to pay down debt and avoid bankruptcies in the future. Going and Plank can connect you with a course that meets the state requirements.
What Happens After Bankruptcy?
Many clients wonder if they will be able to refinance mortgages or get a mortgage after declaring bankruptcy. Other are concerned about bankruptcy’s effect on their credit rating. The answers to those inquiries depend on the type of bankruptcy filed and if debts were eliminated or if a repayment plan was formed.
Bankruptcies do affect your ability to refinance a mortgage or get approved for a new mortgage. As of this writing, you should be able to refinance or obtain a new mortgage two years after declaring bankruptcy, but underwriting requirements and legislation change frequently so this timeframe may change.
Your bankruptcy will be reported to a credit agency and can stay on your credit report for up to ten years. You will find that it will take time to regain a good credit score. But for many people bankruptcy provide a fresh start for their personal finances. By relieving some types of debt, eliminating some debt, and restructuring other types of debt, bankruptcy can give you the time and space you need to change your financial outlook.
While it may seem like a bankruptcy lawyer is just another expense, an experienced bankruptcy lawyer is dedicated to helping you find the financial solutions that make the most sense for your situation. In addition to helping you through a complicated, paper-intense process, a bankruptcy attorney can steer you away from activities that may be seen as deceitful or fraudulent.
The team at Going and Plank can also help you determine which type of bankruptcy is right for you, help you protect your most important assets, and help you map out an improved financial future. Contact us today for a free consultation, and find out if bankruptcy makes sense for you