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Bankrupt and Broke Posts

Can A DUI Charge Cause A Person To File For Bankruptcy?

Getting arrested for a DUI or DWI offense charge in itself is not likely to bring about a bankruptcy situation. However it is what happens after the arrest if a driver gets convicted in court, that can certainly increase the risk of having to file for bankruptcy. This is due to the strict new DUI laws now in every state that will require a person who gets convicted or pleads guilty, to pay thousands of dollars in mandatory fines and DUI classes, as well as other consequences that will depend on the circumstances of the arrest. The seriousness of a driving under the influence case cannot...
Posted On 11 Apr 2017

What is Student Loan Cancellation?

Student loans can be a huge financial burden for many people; with tuition rates on the rise, debt from these loans is destined to increase over time. For those Americans who may be unable to pay their student loan debts, there are options for relief. One of these options is student loan cancellation, which may help some debtors avoid loan default with student loan bankruptcy. Who Qualifies for Student Loan Cancellation Student loan cancellation is the process of eliminating a debt balance so it does not have to be repaid. Loan cancellation is only an option in specific situations which...
Posted On 02 Nov 2015

The Brunner Test and Student Loan Bankruptcy

The last thing that student loan holders want is another test but unfortunately, those filing for student loan bankruptcy face one. The Brunner Test is the most common tool used by bankruptcy courts to determine whether student loans are dischargeable through bankruptcy due to undue hardship. Every circuit but one uses this three-part test that places the burden of proof on the debtor to qualify for student loan bankruptcy. The Brunner Test The Brunner test is based on a 30 year-old decision from the U.S. Court of Appeals decided in Brunner v New York State Higher Education Service...
Posted On 15 Sep 2015

Can Disabled People Get Their Student Loans Discharged in Bankruptcy?

When filing for bankruptcy, student loan debt is generally left out, at least in most cases. However, in the case of someone that is permanently disabled, these loans can be forgiven and included in the bankruptcy. However, you will have to prove this status to the courts in order to have the loan dismissed. What Types of Student Loans Can Be Discharged? Federal Family Education Loan Federal Perkins Loan William D. Ford Federal Direct Loan Teach Grant Service Obligation How Do I Qualify for a Disabled Discharge? There are three ways to provide proof that you are permanently disabled. 1....
Posted On 02 Sep 2015

How to Emerge from Bankruptcy with a Budget to Rebuild Your Savings & Establish Credit

Many people think that life after bankruptcy is sunshine and lollipops but the reality is quite different. Though Chapter 7 or Chapter 13 offer an opportunity to start fresh, the slate is not immediately wiped clean once the filing is discharged. There are several lasting consequences and filers must work hard to maintain a clean financial status. Rebuilding Credit For starters, they must reestablish credit that has been tarnished by overspending and failure to repay debts on time. The best way to obtain credit post bankruptcy is to use prepaid credit cards and repay other expenditures in...
Posted On 04 Aug 2015

How Long Does Bankruptcy Stay on Credit Reports?

Bankruptcy laws were created to provide Americans with a fresh start. Unfortunately, bankruptcies have negative effects on credit scores, making more difficult for some people to start over. It takes ten years for a Chapter 7 filing to come off a credit report. Chapter 13 may remain on the credit report for ten years but it is typically removed after seven years. Both types of bankruptcies carry less weight over time. Contact Lenders to Negotiate Lower Interest Rates Consumers with bankruptcies on their credit reports are not stuck without any ways of lowering rates on credit cards and...
Posted On 18 Jul 2015

Using Bankruptcy to Erase Credit Card Debt

By filing for Chapter 7 or Chapter 13 bankruptcy, consumers may be able to eliminate credit card debt. Bankruptcy is designed for people with the most serious debt issues and will not eliminate every kind of debt. The difference between secured and unsecured debt Unless a credit card is guaranteed by an asset like a home, it is considered an unsecured debt. Bankruptcy was created to eliminate unsecured debts. If an individual files for Chapter 13 bankruptcy, some of the unsecured debts may need to be repaid. However, those debts that remain after the repayment plan has been completed will...
Posted On 21 May 2015
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What Types of Debt is Discharged in a Bankruptcy?

There is a lot of misconception about what is and what is not discharged during a Chapter 7 bankruptcy. Many consumers are misinformed in thinking that a declaration of bankruptcy is like a magical wand that eliminates all of their debt. While filing for Chapter 7 bankruptcy will wipe out a significant portion of your accumulated debt, not all debt is eligible to be dismissed. Eligible Chapter 7 Bankruptcy Debt: Credit Card Debt – Most, if not all, of your credit card debt will be eliminated. The exception would be luxury purchases that have been made within the last 90 days or any cash...
Posted On 22 Apr 2015

Can I Rent an Apartment After Bankruptcy?

Many people are just as nervous about what happens after bankruptcy as they are about filing for Chapter 7 or Chapter 13. Though life after bankruptcy is different for everyone, many people rebound quickly and are able to resume life as normal without much negative impact. Since housing is a necessity, exploring the impact of Chapter 7 and Chapter 13 on renting an apartment deserves further discussion. Learn How it Affects Your Credit Score Both filings will affect the credit score, remaining on the credit report for at least six, and up to ten, years. However, filers can begin rebuilding...
Posted On 13 Nov 2014

Will Banks Re Negotiate My Loan if I File for Bankruptcy?

Bankruptcy is a significant decision for any consumer. Do you risk hurting your credit report for the next ten years or do you get out of debt? Don’t move so fast, because you may be able to have your cake and eat it too. If you are getting ready to file for bankruptcy, you may have enough leverage for your bank to work with you to create better terms that enable you to keep your credit intact and free up some of your cash. The bottom line here is leverage. Who has it, you or the bank? The answer lies in everyone’s particular scenario. Let’s take a quick look at how...
Posted On 28 Sep 2014