August 30, 2008

Ohio Bankruptcy Laws

Filed under: e-financetips.info-part3-20 — admin @ 3:23 am

Bankruptcy laws are designed to give debtors a fresh financial start. Ohio, like most other states, has its own bankruptcy laws. Ohio bankruptcy laws are specifically designed for Ohio citizens. The law primarily includes the federal statutory law contained in Title 11 of the United States Code. However, bankruptcy cases in Ohio follow the state’s bankruptcy laws, not federal bankruptcy laws.

The two courts in Ohio engaged in bankruptcy cases are federal bankruptcy courts that follow Ohio law. They are Ohio Northern Bankruptcy Court and Ohio Southern Bankruptcy Court. Ohio bankruptcy law forms can be downloaded or accessed directly from a form provider. The form to be selected depends on whether the debtor files a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.

Exemptions based on Ohio bankruptcy laws help protect exempted properties from creditors. Properties exempted by Ohio bankruptcy laws include a residence up to $5,000, one automobile of up to $1,000, cash up to $400, a cooking range and refrigerator totaling up to $600, personal injury awards up to $5,000, death benefits up to $5,000, household goods and furniture for $1,500, jewelry up to $3,500, tools of trade up to $750, wild card and personal properties up to $400, as well as all pension and education plans. Ohio bankruptcy laws also allow exemptions on health aids, alimony and child support aids, property of business partnerships, ERISA-qualified benefits, retirement benefits, firefighters’ and police officers’ death benefits, group life insurance policy benefits, and seal and office registers.

The new Ohio bankruptcy law that took effect April 20, 2005, states that the value of the state homestead exemption is reduced by any addition to the value by disposition of non-exempt property during the ten years prior to the bankruptcy filing. Federal supplemental exemptions can be used in conjunction with Ohio exemptions. If one is not a permanent citizen of Ohio or has changed states frequently in the course of the past five years, one does not follow Ohio bankruptcy laws. Instead, the law of the state where one spent most of these years becomes operational.

Bankruptcy Laws provides detailed information on Bankruptcy Laws, New Bankruptcy Laws, Chapter 7 Bankruptcy Laws, Chapter 13 Bankruptcy Laws and more. Bankruptcy Laws is affiliated with New York Bankruptcy Lawyers.

Tags: , , , , , ,

August 28, 2008

Filing Chapter 13 Bankruptcy

Filed under: e-financetips.info-part3-20 — admin @ 1:17 am

The process of filing for bankruptcy depends on who is filing it - an individual or a business. If it is a business, even a sole proprietorship, they cannot file for Chapter 13 bankruptcy and need to file under the Chapter 11 bankruptcy and get the much needed help to reorganize their debts.

If they do file as a individual who own a business as a sole proprietor, they can file under Chapter 13 bankruptcy and embrace the business-related debts for which they are personally legally responsible.

Debtors are required to have steady and regular earnings to be able to qualify for Chapter 13 bankruptcy. It is important to understand the difference between earning the same amount of money every month and a steady income. A steady income is considered to continuous and it ought to be recurring weekly, monthly, quarterly, semi-annual, seasonally, or even annually. People can use the following income to fund a Chapter 13 bankruptcy plan- regular wages or salary; income from self-employment; wages from seasonal work; commissions from sales or other work; pension payments; Social Security benefits; disability or workers’ compensation benefits; unemployment benefits, strike benefits; public benefits (welfare payments); child support or alimony you receive; royalties and rents; and proceeds from selling property, especially if selling property is the debtor’s primary business.

To qualify for Chapter 13 bankruptcy, a debtor’s income should be such that they should be able to support themselves and their daily needs. After which they should have some income left to make payments towards their debt repayment to the court for three to five years.

The amount that they are required to be paid will be determined by the amount of debt they own in the first place. Certain debts have to be paid in full while others don’t.

To qualify for Chapter 13 bankruptcy the secured debts should not exceed $922,975.00 and the unsecured debts should not exceed $307,675. A debt is secured if the debtor is in a situation where they can lose specific property while an unsecured debt is any debt for which they haven’t pledged collateral.

Filing Bankruptcy provides detailed information about filing bankruptcy, filing bankruptcy online, filing chapter 11 bankruptcy, and more. Filing Bankruptcy is affiliated with Free FICO Score.

Tags: , , , ,

August 26, 2008

Avoid Bankruptcy With 3 Effective Alternatives

Filed under: e-financetips.info-part3-20 — admin @ 1:16 am

One must avoid Bankrupcy while he still can. Filing Bankrupcy may save one from his debts, yet this has serious demands and consequences so it shouldn’t be dealt with without due consideration.

Avoid Bankrupcy and one also avoids its profuse demands.

So should one avoid Bankrupcy?

This stringency in Bankrupcy is (blamed) justifiable against Bankrupcy Fraud of those with the criminal intention of evading provision/payment for ‘debts’ although they have funds to use as payment - so-called petition mills, false oath, assets concealment, and fraudulent conveyance of property. Even the use of multiple-filings as ’strategic’ Bankrupcy (which is not a fraudulent criminal act per-se), is an all-precarious move, creating court-prejudice against the filer if evidence shows that the Bankrupcy is being used strategically. Enough exasperating reasons for apt individuals to avoid Bankrupcy, there are even more practical reasons to avoid Bankrupcy: the filing cost, penalties, what you lose, finding an attorney, making a court-appearance, not to mention the obvious stigmas and disentitlements.

Even if one succeeds in the Bankrupcy plan, being able to put up with the repayment plan until the end and even finding creditors granting credit at the end of the repayment period, the Bankrupcy could still stay on the debtor’s credit history for 6-10years.

Bankrupcy shouldn’t be taken casually. Avoid Bankrupcy, if at all possible, and make a smart fiscal move.

Different Effective Bankrupcy Alternatives To Consider

Bankrupcy is a legal term that allows individuals or businesses who in debt to others more money than they are able to pay to either work out a plan to repay the money over time or completely eliminate most of the bills.

Though most bankruptcies are granted, it doesn’t mean that it would be an easy way out of anyone’s debt. Extensive damages to credits and long term issues from Bankrupcy will cause many problems in the years to come and it is definitely far better to explore different Bankrupcy alternatives before making a decision to file for personal Bankrupcy. Bankrupcy alternatives will help one person to save himself from further devastation.

The existence of various Bankrupcy alternatives helps one to consider several options as to what they want to pursue other that personal Bankrupcy.

The following are 3 Bankrupcy alternatives one might want to consider other than personal Bankrupcy:

1. Renegotiate secured loans as Bankrupcy alternative:

Bankrupcy does not get rid of all one’s debt. If one’s debt has not completely caught up with you and ruined one’s credit already, he or she may be able to renegotiate these loans with creditors or take the loan elsewhere. This is the principle of renegotiating secured loans as Bankrupcy alternative

2. Renegotiation of unsecured loans:

Another Bankrupcy alternative is the renegotiation of unsecured loans. Unsecured loans are far more at risk and there may be more wiggle room in this Bankrupcy alternative. Professional debt negotiation is another Bankrupcy alternative

3. Professional debt negotiation:

Professional debt negotiation is another Bankrupcy alternative. Here, debt negotiation companies do much of the work by developing and taking care of one’s case to the creditors.

Dean Shainin offers online Bankrupcy and debt advice. For more information, articles, current news, tools and valuable resources on Bankrupcy and debt solutions, visit this site: Bankrupcy Alternatives

Tags: , , , , , , , ,
Close
E-mail It