Over the last seven years, Benjamin J. Ginter has worked in many fields of the law, particularly in the field of Consumer Bankruptcy. It has always been his mission to offer quality, friendly, personalized legal service to all his clients at affordable fees. Ginter runs the Law Offices of Benjamin J. Ginter in Cranford, New Jersey. Here, he explains everything you need to know about bankruptcy, from how to file to rebuilding your credit report.
The Basics of Bankruptcy
Filing for bankruptcy doesn’t have to be difficult. This article answers all your major questions, from the morality of filing to getting a good bankruptcy lawyer to what exemptions you may qualify for.
What is a Bankruptcy Attorney?
Bankruptcy attorneys are the key to filing a successful bankruptcy. They counsel you every step of the way, make sure you file the right chapter, and explain how their clients can expect to rebuild their lives afterwards.
Do I Qualify to File for Bankruptcy?
Whether or not you qualify to file depends on many factors, including your debt, income and actions that led you to where you are now.
Problems that Prevent Filing a Successful Bankruptcy
Many people are unaware of the fact that certain instances may preclude them from filing a successful bankruptcy. Did you take an expensive vacation – right before you filed? Are you due to get a lot of money from a personal injury lawsuit? These events may impact your filing.
What Are Chapter 7 and Chapter 13 Bankruptcy?
Chapter 13 is basically a repayment plan, while Chapter 7 is known as a straight bankruptcy. It is up to you – and your bankruptcy attorney – to decide which chapter is more appropriate to your specific needs. Be aware that filing for the wrong chapter, however, can make you lose your home.
Can I Still File For Chapter 7 Bankruptcy?
Although the laws have changed, it is still possible to file for Chapter 7 bankruptcy. But now you face a means test and need a median income level in order to qualify. However, if you think you may not qualify, check out your exemptions.
What Happens After You File For Bankruptcy
When you file for bankruptcy, an automatic stay goes into effect that stops all threatening letters asking for debts to be repaid. It should come as a great relief to people unable to pay their bills. Read more about how it all works here.
Rebuilding a Credit Report After Bankruptcy
It is more than possible to rebuild your credit after you file for bankruptcy. Your bankruptcy can be erased from your record from seven to 10 years’ time.
Can I Keep My House If I File for Bankruptcy?
It’s a sad fact that most people worry that they will lose their home if they file for bankruptcy. But in the vast majority of cases, that is not the case. In fact, it is a rare occurrence. This article explains how you can keep your house.
Dealing With Mortgages When Filing for Bankruptcy
It is possible to discharge your mortgage in a bankruptcy and still keep your home. This article explains all you need to know.
Does My Spouse Have to File For Bankruptcy If I Do?
Usually spouses file for bankruptcy together. So in most cases, a spouse would still be responsible for debts if their other half filed. However, your spouse only has to file if he is a co-debtor on the credit card. Read more about whether or not you should file a joint petition.
What Are Secured Creditors and Unsecured Creditors?
A secured creditor has an interest on a piece of property you own, while an unsecured creditor does not. They also do not have the right to take away property if you do not pay what you owe.
What Is a Reaffirmation Agreement?
Reaffirming your debt - and your intention to repay it – can be an important part of a bankruptcy procedure. A reaffirmation agreement is one made by the debtor and the creditor where the debtor agrees to continue paying for the debt even though he filed for bankruptcy and the debt could therefore be legally discharged.
Debt Counseling Courses
Anybody filing for bankruptcy has to complete both a pre- and post-filing debt counseling course, which is designed to teach people about managing money better in the hopes they won’t get into debt again. While they might sound time-consuming and unnecessary, they are short and can be extremely helpful.
Federal Bankruptcy Exemptions
Knowing what federal bankruptcy exemptions are available is important if you are considering filing for bankruptcy. Look online to see what the federal exemptions are. But for the most up-to-date information you should always check with your bankruptcy lawyer for a full federal and state exemptions list.
Current New Jersey Bankruptcy Exemptions
It’s important to know what exemptions are available for people who are considering filing for bankruptcy. Keep in mind, however, that along with federal exemptions, there are also state ones, which vary from state to state.
Hiring an Attorney for a Real Estate Transaction
Many people are under the impression that they can buy and sell property completely on their own. But a competent real estate lawyer can help you avoid all too common pitfalls, and in the long run even save you money. It’s worth shelling out initially to reap the dividends of a transaction well done.
Filing For An Uncontested Divorce
Also known as a simple divorce, this type of divorce occurs usually when both parties are able to agree on all the key issues, without having a courtroom battle. If you and your soon-to-be former spouse can get together and agree on the main points, life can be a lot easier for everyone involved.
The Importance of Having a Will
Do you want your property to go to your great niece Abigail Marie, who you haven’t seen since 1967? And do you want your children to be pawned off to the nearest blood relatives, even if you don’t know their names? These are only two reasons why having a will can be so important.
What is a Living Will?
The idea of whether or not to pull the plug when you are lying in a vegetative state scares most of us. That’s why it’s important to have a living will to spare your relatives having to make these life-or-death decisions. Also called an advanced healthcare directive, it makes sure your wishes are carried out to the letter.
