Will You Have to Pay Back the Debt Anyway?
Sunday, May 15th, 2011The most common misconception about bankruptcy is that the debtor’s version “of jail free” Monopoly card. While most people know that bankruptcy affects your credit 7 to 10 years, very few people know that you may have to repay the debt anyway, even if you have a Chapter 7 “file any bankruptcy law. The formal definition of bankruptcy is “a proceeding in Federal Court, an insolvent debtor’s assets are liquidated and the debtor is relieved of this additional responsibility.” Furthermore, the current definition of bankruptcy is probably “the process of completely eliminate your debt free. ” In most cases, the last definition may be appropriate, but in some scenarios, it is likely that even in bankruptcy, you will always pay at least a portion of the debt.
So when it is likely that you have to repay your debt? Yesterday JE Wannee zijn meester voorkomende scenario of all the negative van van indiening faillissement (impact on ernstige kredietinstellingen 7 tot 10 years), maar geen benefits (you can return to horses nog betalen minster of a van deel Schuld):
1) You do more than the average person in your state. If this is the case, then chances are that you will forced into a bankruptcy plan of Chapter 13. In a Chapter 13 bankruptcy, the court ordered that all income available to pay the court appointed liquidator, which in turn pays the payments to your creditors. Please note that the court determines your disposable income by national and provincial statistics on average necessary expenses, not what you pay for. So just because you pay a lot for a car does not mean that the court approves. There are many cases where a judge ordered families to stop sending their children to private schools so they have more money to repay their creditors. In Illinois, here are the latest statistics on the median income for Illinois household size:
Estimating Illinois
One person households 41,650
52,891 households of 2 persons
households with 3 persons 62,176
households of 4 persons 72,368
2) You have assets. If you own a house or a car, it is possible that the bankruptcy court will force you to sell it for enough cash to repay your creditors to produce. It is likely to have much of change invested (unless the account a tax-exempt as the IRA), you will also be forced to liquidate. If a second home or another vehicle (assuming you own both completely), then you are really unlucky. Fortunately, there are a number of safeguards to protect consumers from hell bankruptcy. In Illinois, every resident is entitled to at least $ 7,500 of value of their home, $ 1,200 value of their vehicle and $ 2,000 for everything they want (known under the generic name for exemption) . These values are doubled if you’re married (assuming that the property is in both your name).
What does this mean? Consider the following example.
Say you have a house worth $ 250,000, and it is both you and your wife’s name. You still owe about $ 200,000 on your mortgage, and you’ve decided to Chapter 7 bankruptcy. In this example, you might have to sell your home, and with the product you repay the mortgage you owe on the outstanding loan balance ($ 200,000), you pay your Illinois real estate exemption ($ 15,000) and then you pay your other creditors the remaining ($ 250K-200K-15K = $ 35,000).
Let’s say your house is worth only $ 215,000, but in the example above is the same. In this case, you would not have to sell your home because the proceeds from the sale would not be something after paying the mortgage company and then reimburse itself Illinois real estate exemption.
3) The creditors can prove that you were fraudulent and never had the intention to repay.
For most of us means that if a) you do not have much equity in your property, b) you do not have investments such as stocks, real estate, etc.. C) does not care about having something to sales mentioned in paragraphs a and b, or d) not worry having to give up your disposable for 5 years in a Chapter 13 bankruptcy may be your best option.