Reasons to File for Chapter 7 Bankruptcy Instead of Chapter 13

Filing for bankruptcy can be understandably unnerving, but knowing which type of bankruptcy you should file for can put your mind at ease. If you meet the required income limitations  and don’t mind potentially losing a little property, there are many reasons to file for Chapter 7 bankruptcy instead of Chapter 13.

Advantages of Choosing Chapter 7 Bankruptcy

  1. Clean Slate.  The entire purpose of Chapter 7 bankruptcy is to give the debtor a fresh new start by eliminating dischargeable debt and making it easier to focus on other non-dischargeable debts, like student loans or child support. Once your dischargeable debt is gone, it’s gone. You get a clean slate to focus on your future.
  2. Property Retention.  Any property that you attain after 180 days from filing will not be included in your bankruptcy estate unless the property in question was inherited, part of a divorce settlement or decree, part of death benefits, or earnings from an existing life insurance policy.
  3. No Limits.  Chapter 7 bankruptcy guidelines do not enforce debt limits on potential filers, meaning you can file no matter how much debt you have.
  4. No Repayments.   With Chapter 7 bankruptcy, once your debt has been discharged you are no longer responsible for it. You will not have to make payments as part of a court-approved repayment plan like you would if you filed a Chapter 13 bankruptcy.
  5. Faster Discharges.  With Chapter 7 bankruptcy, you may see your debt discharged in as little as 90 days. Once you file, the court will issue the order. After your property has been appropriately distributed to the rightful unsecured creditors by your appointed trustee, your case will be closed.

Disadvantages of Choosing Chapter 13 Bankruptcy

  • You must file as an individual.
  • You must meet specified debt limitation requirements in order to file, meaning any unsecured debt you have must never exceed $336,900 and any secured debt you have must never exceed $1,010,650.
  • You must repay creditors using a sanctioned 3-5 year repayment plan. You must also have sufficient income to make those payments every month. Secured creditors and priority debts must be paid in full while unsecured creditors should receive a total amount equal to that of what would have been received from the sale of property if a Chapter 7 bankruptcy has been filed.

If you are unsure of which type of bankruptcy you should file for or you would like more information on what it means to file for bankruptcy, we urge you to consider seeking professional bankruptcy advice from our trained bankruptcy attorneys at Church and Korhonen, PC. Call Church and Korhonen, PC, toll-free at 1.800.758.5611 or simply fill out the form in the sidebar to begin taking steps to a more sound financial future, greater peace of mind and a fresh start.

What You Need to Know Before You File for Bankruptcy

People facing bankruptcy are often confused about how they even got there in the first place, let alone what they need to do to get out. Fortunately, our kind bankruptcy lawyers at Church and Korhonen, PC have put together a trove of pertinent information regarding what you need to know before you file for bankruptcy to help guide you in the right direction. You may feel like there is no hope now, but there always is – all you need is a little help and support from someone who understands and cares.

Declare Everything

One of the biggest mistake consumers make when filing for bankruptcy is not declaring all of their debts to the bankruptcy court, attorney, or trustee, which makes sense since you can’t expect to be relieved of debt that you don’t formally claim. When filing for bankruptcy, you need to declare absolutely everything. Knowing how much of which types of debt you owe to who is the first step to finally realizing financial freedom.

File Correctly

Unlike trained bankruptcy lawyers, debtors are much more likely to make costly filing errors, including failing to file all the required documentation or meet federal bankruptcy criteria. These types of mistakes can significantly delay or even jeopardize your bankruptcy case, which is why if you are not 100% confident you can file correctly you need to reach out to qualified bankruptcy lawyers for legal assistance.

File Sooner

Note: filing sooner does not mean rushing through the process; it just means that you should not put off filing. Many people fear bankruptcy and will try to hold off as long as possible because they believe if they can just get that break they need, they can climb out of debt independently – but what they don’t understand is that bankruptcy is the break they need. Filing for bankruptcy sooner rather than later can ensure that you are able to start repairing your credit faster and can even result in the forbearance of certain monthly expenses associated with your debt, like medical bills or credit card payments. It can also protect you from collector harassment and wage garnishments with an automatic stay.

Final Thoughts?

The last thing you must know is before you file for bankruptcy, although it may fade from your credit history in 7 to 10 years, bankruptcy will remain on your record permanently – so filing without proper consultation is not advised. If, however, you’re struggling to feed your family and are tired of constantly dodging phone calls from debt collectors over bills you cannot pay, bankruptcy may be able to dramatically improve your life. To get advice on whether you should consider filing for bankruptcy or not, we encourage you to consult one of our insightful bankruptcy lawyers at Church and Korhonen, PC. Call Church and Korhonen, PC, toll-free at 1.800.758.5611 or simply fill out the form in the sidebar to begin taking steps to a more sound financial future, greater peace of mind and a fresh start.

It is Possible to Consolidate and Pay Off Your Debt with Chapter 13

Many people in a personal financial crisis want a workable way to resolve their money problems once and for all. They feel ashamed every time a creditor calls demanding an overdue payment. They want to hide when the sheri  knocks at their door to serve a lawsuit. Their stomachs churn every time they sit down to pay their bills. Escaping from the overwhelming guilt and hopelessness of their financial crisis seems impossible.

These folks know they owe the money and they want to pay it back. Unfortunately, they do not have the resources or knowledge that will allow them to permanently resolve their financial crisis.

Often, in desperation, these folks take on more debt trying to pay off the old debt. They use one credit card to pay the minimum payment on another credit card or use balance transfers as a way to shift the debt, incurring more debt in the form of balance transfer fees and additional interest rates. These maneuvers may buy time, but it doesn’t pay down debt and often it makes matters worse.

Sometimes, people fall prey to unscrupulous debt consolidation or debt forgiveness commercials they hear on the radio or TV. These advertisements suggest debt will be “forgiven” at no cost to the consumer. Or they suggest the debt can be reduced by debt negotiation. What the ads don’t say is that these are private, out of state businesses, which make money charging substantial administrative fees for the POSSIBILITY of negotiating or consolidating debts. These businesses don’t provide written guarantees for their work. And many of them do not deliver any real, helpful results.

If you are living in a financial crisis, investigate all your options. If you hear an ad promoting something that sounds too good to be true, it probably is too good to be true. Research the company and the claims they are making. See how they have dealt with other people and whether they have been able to deliver on their promises of debt forgiveness or consolidation.

As you investigate your options, consider calling Upper Peninsula Bankruptcy Lawyers Church and Korhonen to discuss a Chapter 13. Many of our clients qualify for a Chapter 13 bankruptcy which provides a livable and realistic plan to pay off debt within 3 to 5 years. And, best of all, the money used for your plan is your disposable income. Disposable income is the money left over AFTER you pay all your reasonable and necessary living expenses each month. It is possible to consolidate and pay off debt with Chapter 13.

Call Upper Peninsula Bankruptcy Lawyers to see if Chapter 13 will help you out of your personal financial crisis (906) 226-0001 or toll free (800) 758-5611.

Not all bankruptcy lawyers are created equal

People facing bankruptcy need a bankruptcy lawyer who is competent, trustworthy and friendly. Bankruptcy is a very stressful process and the lawyer representing the bankrupt client should not be adding more stress to the situation by being incompetent, untrustworthy or unpleasant.

Not all bankruptcy lawyers are created equal: some are excellent, others mediocre and some, downright terrible.

When considering bankruptcy, consumers should shop around. They should interview bankruptcy lawyers serving the US Bankruptcy Court in their region. The potential lawyer need not be located in the consumer’s hometown. Rather they may have offices close to the bankruptcy court where the consumer’s case will be filed.

The wise consumer should check out the lawyer’s reviews on line. They should also check if the lawyer is licensed and where. Finally, they should determine whether any grievances have been lodged against the lawyer under consideration.

Personal recommendations from previous clients or other attorneys are the highest recommendations a bankruptcy lawyer can achieve. Happy clients are the lawyer’s highest compliment.

If the consumer knows any family, friends or acquaintances who have  led bankruptcy, they should ask for recommendations.

When facing bankruptcy, consumers should not simply hire the first bankruptcy lawyer they encounter. Prudent consumers shop around and compare lawyer reviews, services and reputations.

Doing bankruptcy lawyer research before hiring one will likely save the consumer money, time and stress.

Any consumer living in the Upper Peninsula of Michigan and considering bankruptcy should call Upper Peninsula Bankruptcy Lawyers ; Church and Korhonen, PC.

Review what our clients have to say about us in Client Testimonials then call us for a Free Initial Consultation.

We invite all consumers to compare our services to other bankruptcy lawyers serving the US Bankruptcy Court in the Western District of Michigan, Northern Division. They will not be disappointed.

(906) 226-0001

Bankruptcy: What You Need to Know

Many people are feeling a financial crunch and when hard times hit, like lay-offs, illness, reduction in hours, its easy to fall behind and get overwhelmed by debt.

One way to protect your belongings and wages is by  ling a Chapter 7 or Chapter 13 bankruptcy. Upper Peninsula Bankruptcy Lawyers, Church and Korhonen, PC focus exclusively on bankruptcy for folks living in the Upper Peninsula of Michigan.

Bankruptcy: What You Need to Know to get Debt Relief and a Fresh Financial Start:

Why file for Bankruptcy?

  • Protect your wages
  • Protect your car
  • Protect your home
  • Protect your belongings

Chapter 7 Bankruptcy

  • Cancel most debts without payment
  • No payment plan required
  • Keep your home, car payments
  • Keep your home, car
  • Let go of house, car
  • Cancel house, car debt

Chapter 13 Bankruptcy

  • Debt consolidation that actually works
  • Save home from foreclosure
  • Save vehicle from repossession
  • Debt settlement
  • Payments based on ability to pay
  • Call Upper Peninsula Bankruptcy Lawyers, Church and Korhonen, PC today for a FREE initial consultation with a Michigan licensed attorney who lives and works in the Upper Peninsula. See if bankruptcy will give you the fresh start you need. (800)758.5611 or locally at (906) 226.0001.

We help anyone living anywhere in the Upper Peninsula of Michigan.

Explore our website to see who we are and what our clients have to say about our representation.

We look forward to helping you and your family.

5 things You Need to Know if You are Considering Bankruptcy

If you live in the Upper Peninsula and are considering bankruptcy here are five things you need to know:

  1. There are two different types of bankruptcy for consumers: Chapter 7 and Chapter 13. To determine which one will work for you, we need to know both your annual income and the value of any property you own. If you qualify for Chapter 7, most, if not all, of your unsecured debt will be discharged (unsecured debt includes credit cards, signature loans, medical bills, utility bills and payday loans).
  2. Chapter 7 cases take about 6 months to complete. Chapter 13 cases take longer.
  3. As soon as you file your bankruptcy petition with the U.S. Bankruptcy Court, your creditors must stop contacting, suing or garnishing you.
  4. If you are contemplating  ling bankruptcy, do not incur new debt or change the ownership of any of your assets until you decide if bankruptcy is right for you.
  5. Understand that once you file a Chapter 7 bankruptcy you cannot have a do over. Once the petition is  led, the case will proceed whether you want it to or not. Because of this fact it is vitally important that you consult with a knowledgeable bankruptcy attorney who is licensed in your state.

Upper Peninsula Bankruptcy Lawyers, Church & Korhonen, PC focus exclusively on Chapter 7 and 13 cases. We represent clients from across the entire Upper Peninsula of Michigan.

We offer a FREE initial consultation via telephone or in person. Our clients do not need to come to Marquette to do business with us since we build cases using the mail, internet and phone.

If you are contemplating bankruptcy and wonder if it is the right thing for you, please call us today at (800)758-5611 toll free or locally (906) 226-0001 to speak to an attorney.

Hope and help is a phone call away.

5 Financial Situations Bankruptcy Can Help

Are you experiencing any of these situations?

  • behind on your taxes.
  • facing lawsuits for delinquent bills.
  • in danger of home foreclosure or auto repossession.
  • receiving garnished wages.
  • unemployed with no unemployment income or savings.

If you’re having trouble repaying your debts, the interest and penalties you accumulate while juggling your bills can be harmful to your long-term financial future. In many cases, people who file for bankruptcy are able to get many of their debts discharged and do not need to repay them.

Trustworthy, Competent and Friendly Legal Representation

When wrestling with debt, you want to hire trustworthy, competent and friendly attorneys who will guide you through the complexity surrounding bankruptcy. Church and Korhonen., PC understand what you’re going through. We want to give you the legal expertise you deserve to gain control of your debt so you can build a better financial future.

We offer FREE over the phone or in-person bankruptcy consultations to explain your options for debt relief.

You can work with us from the convenience of your own home. We can collect all your information over the phone, through the mail or over the Internet.

We value our clients and provide excellent customer service. Call us (906)226-0001

Stop Foreclosure on Your Home with Chapter 13 Bankruptcy

If you are behind on your mortgage payments and facing foreclosure, filing Chapter 13 bankruptcy will stop the foreclosure and give you time to catch up on the payments. Even if your foreclosure is soon,  filing for Chapter 13 today will stop your mortgage lender from going forward with the foreclosure sale. When you file a Chapter 13 petition with the U.S. Bankruptcy Court, the Court issues an Automatic Stay which stops your lender from selling your house or continuing any effort to collect on the missed mortgage payments. The Automatic Stay will remain in effect as long as you make timely payment plans to the trustee and continue to pay your on-going mortgage. This means that your lender can’t foreclose on your home solely because of the missed house payments. Chapter 13 bankruptcy allows you to reorganize your debt and repay it through a payment plan from your disposable income. The length of the payment plan depends on your income and can last from 36 to 60 months. This means you can catch up on your late mortgage payments by paying a portion of them back each and every month until your payment plan is finished. When you finish making the plan payments, your mortgage will be current and you will still own your home. If you live anywhere in the Upper Peninsula of Michigan and are late on your house payments, call Upper Peninsula Bankruptcy Lawyers Church and Korhonen, PC at (800)758-5611 to see if Chapter 13 Bankruptcy can help you keep your home.

Wage Garnishment: What is it and how do I stop it?

When you owe money to any creditor including a credit card company, bank, payday loan, and/or credit union and you stop making payments on the debt, the debt goes into default. If your creditor decides it cannot collect the money from you, it may sell your debt to a debt collection agency. If the debt collection agency cannot get you to pay the debt directly, it may file a lawsuit against you to recover its losses. If the creditor files a lawsuit against you and wins, the creditor may seek to enforce the court judgment through a wage garnishment, bank account seizure, tax refund garnishment and/or property seizure.

In Michigan, a wage garnishment can only be done with a court order after a lawsuit has been filed and won by the creditor. If the creditor seeks to garnish your wages, it will seize a portion of your paycheck each and every day payday until the debt is paid in full. The money will be taken from your paycheck and sent directly from your employer to the creditor.

One way to stop a wage garnishment is to file a Chapter 7 bankruptcy petition. When the bankruptcy petition is filed with the U.S. Bankruptcy Court, an automatic stay is entered prohibiting your creditors from taking further collection action against you while your case is pending. Bankruptcy also releases you from the legal liability of pending creditor lawsuits, unsecured debt and deficiencies from repossession and/or foreclosure.

If you live in the Upper Peninsula of Michigan and your wages are being garnished, call and speak with a bankruptcy lawyer at Church and Korhonen, PC today. See if you qualify for a Chapter 7 bankruptcy by scheduling a free consultation. You don’t need to live with wage garnishment. Call (800) 758-5611 today to reclaim your pay check.

The First Step to Digging out of Your Financial Nightmare

When it becomes impossible to dig out of personal debt, sometimes the best and only way out is to declare bankruptcy. If you find yourself in financial quicksand, sinking lower and lower into debt each month, the best and first thing you should do is speak with Upper Peninsula Bankruptcy Lawyers Church and Korhonen, PC at (800)758-5611 as soon as possible. All consultations are free and confidential.

When personal debt becomes too much to bear it is wise to seek help and legal guidance before making any drastic decisions. Often people are too embarrassed by their situation to ask for help, feeling they alone are responsible for the situation and that they will be judged if they seek help.

It is important for you to understand you are not alone. Millions of Americans are still struggling with debt they incurred during the Great Recession. And, a consultation with a bankruptcy attorney at Church and Korhonen, PC is free and confidential. You will not be judged. You will be educated about your options so that you can make an informed decision about the best course of action for your situation.

The most common mistake people make is trying to solve their financial problems on their own.

Many people try to do the right thing, thinking they can pull themselves out of their financial troubles. Often, this is simply not the case. And in many cases, the steps they take to help the situation only make it worse.

For example, people often turn to payday loans thinking they will be a quick fix for their financial problems. Unfortunately, payday loans can become an expensive trap if you don’t pay off the entire balance along with the requisite fees when the loan becomes due.

Michigan regulations concerning payday loans are listed here along with contact information should you need to file a complaint against a payday loan provider: http://www.paydayloaninfo.org/state-information/30

These short term fixes may lead to long term problems, propelling your financial uncertainty into a death spiral.

Currently, there is a limit to how much money you can borrow at one time but there’s no limit to how many place you can go for a loan.

Trying to get out from under those loans can be difficult, if not impossible.

Before taking out a payday loan, seek professional advice from a bankruptcy lawyer. Even if bankruptcy is not an option, a competent lawyer will be able to advise you about other options.

Also beware of companies that offer quick fixes for your money troubles. Debt consolidation companies often troll for clients on late night infomercials. Many times those companies are located in a different state and are not regulated by Michigan law. Chances are they are not going to have Michigan residents’ best interest in mind and will make promises or assurances that are too good to be true. Remember, if something sounds too good to be true, it’s probably just that: too good to be true.

Many companies offering short term loans or debt consolidation services are for profit businesses looking for ways to make profit off of you. Be sure to research any quick fix you are considering before sending one dime of your hard-earned money to anyone.

If you are struggling to pay back bills, a bankruptcy lawyer will help you decide if you qualify for Chapter 7 which will provide you a fresh financial start or Chapter 13 which is a true debt capping and consolidation tool supported by the law.

According to Michigan bankruptcy law, a Chapter 13 bankruptcy is the only choice if you are behind on your mortgage and you want to keep your property, at the end of the bankruptcy process. Or, if you have previously filed a Chapter 7 bankruptcy anytime in the past 8 years.

Then of course, there are student loans.

With the cost of higher education ever increasing, many Americans are finding themselves burdened with student loan debt. A recent estimate shows roughly 40 million Americans hold over $1.2 trillion in educational debt, and many are struggling to pay.

Since students loans are generally not dischargeable in bankruptcy it is important to stay in contact with your lender, and know what options are out there for your specific circumstances.

If you hold a federal student loan, you can look into deferring payments. Other options include Income-Based Repayment and Pay As You Earn which cap your monthly payments at a reasonable percentage of your income each year, and forgive any debt remaining after no more than 25 years (depending on the plan) of affordable payments.

Forgiveness may be available after just 10 years of these payments for borrowers in the public and nonprofit sectors

It’s not wise to sit back and ignore your student loans since unpaid student loans can affect your Social Security down the road.

Generally, social security income is considered judgment proof and typical creditors cannot seize your Social Security Income. However, non-dischargable debt like student loans, unpaid taxes and back child support can be seized from your Social Security payments.

The best course of action with student loans is to work closely with the lender to pay down the amount. Although it is possible, in rare cases, to have student loans discharged in a bankruptcy, it is a difficult and expensive process that exceeds the scope of a typical bankruptcy.

The take home message for everyone suffering from financial stress is to seek the opinion of an experienced bankruptcy attorney BEFORE you decide on a course of action. Consulting with an Upper Peninsula Bankruptcy Lawyer at Church and Korhonen, PC is a free and confidential service that will likely provide useful information and hope. Call before you take matters into your own hands. (800) 758-5611 or in Marquette, MI (906)226-0001.