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Understanding the Types of Bankruptcy

Tue, 07 Jan 2025 20:00:41 GMT

What Are the Different Types of Bankruptcy?

Bankruptcy can provide a fresh start for individuals and businesses struggling with overwhelming debt. At the Law Office of Carl M. Barto in Laredo, TX, we’re here to help you understand your options. The most common types of bankruptcy include Chapter 7, Chapter 11, and Chapter 13, each with unique qualifications and benefits.

Chapter 7 Bankruptcy: Liquidation

Chapter 7, often referred to as liquidation bankruptcy, is designed for individuals or businesses with limited income and significant unsecured debt, such as credit card balances or medical bills.

Who Qualifies?

Must pass the means test to show your income is below the state median or demonstrate insufficient disposable income.

Key Features:

Non-exempt assets may be sold to pay creditors, but many personal assets are protected through exemptions.
Stays on your credit report for 10 years.
The process typically takes 4-6 months.

Chapter 11 Bankruptcy: Reorganization

Chapter 11 is primarily used by businesses but can also apply to high-debt individuals. It allows debtors to reorganize their financial obligations while continuing operations.

Who Qualifies?

Businesses or individuals with substantial debt and assets who want to avoid liquidation.

Key Features:

A reorganization plan must be proposed and approved by creditors and the court.
Complex process often lasting several months to years.
Stays on your credit report for 10 years.

Chapter 13 Bankruptcy: Repayment Plan

Chapter 13 bankruptcy allows individuals to reorganize debt through a structured repayment plan over 3-5 years.

Who Qualifies?

Individuals with a regular income and unsecured debts under $2.75 million (as of 2024).

Key Features:

Prevents foreclosure and allows debtors to keep their property.
Stays on your credit report for 7 years.

Call for a Personalized Consultation

Bankruptcy can be a powerful tool for those seeking financial relief, but choosing the right chapter depends on your unique circumstances. If you’re considering bankruptcy, the Law Office of Carl M. Barto in Laredo, TX, is ready to guide you every step of the way. Call us at (956) 267-5596 to schedule a consultation and explore your options.

Keeping Your Home After Filing Bankruptcy

Tue, 16 Jan 2024 19:59:05 GMT

Protecting Your Most Valuable Asset During Bankruptcy

Filing for bankruptcy is something that many Americans face every year. Debt is difficult to overcome for people because the cost of our monthly bills quickly adds up. This leaves us scrambling to pay for everything and sometimes we cannot. When this happens, bankruptcy is something that we consider. However, we are also often scared of filing for bankruptcy because we simply do not have much knowledge about the process. We want to keep our most valuable asset: our home, while also reaping the financial benefits bankruptcy can provide. The fear of losing our home can prevent us from filing for bankruptcy. Below, we will discuss how you can keep your home while filing for bankruptcy.

Understand Your Bankruptcy Options: The most important thing that you can do is understand your bankruptcy options. The two most common bankruptcy options: Chapter 7 and Chapter 13 bankruptcy. Chapter 7 involves the liquidation of your assets to repay your creditors, while Chapter 13 involves the restructuring of debt. If you want to keep your home, Chapter 13 is the better option for you. It allows you to restructure your mortgage payments and avoid foreclosure.

Consult with a Bankruptcy Attorney: The bankruptcy process is stressful and complex. We always recommend that you consult with a bankruptcy attorney who specializes in property foreclosure. They have a deep understanding of bankruptcy law and how real estate is affected by it. Your attorney can then discuss your financial situation, evaluate your options, and develop a strategy that keeps you in your home.

Stay Current on Mortgage Payments: The best thing that you can do is to keep up with your current mortgage payment while going through bankruptcy. If you fall behind on your payments, your lender may seek permission from the court to proceed with foreclosure. So, create a monthly budget and prioritize your mortgage payments.

Explore Loan Modification or Refinancing Options: Struggling to keep up with monthly mortgage payments? Then it may be time to explore loan modification or refinancing options. These options can help you find more favorable and affordable mortgage terms. Talk with a mortgage specialist to understand the options that are available to you and determine if any are viable for you.

Contact Our Bankruptcy Attorney Today!

The Law Office of Carl M. Barto is a bankruptcy attorney serving the Laredo, TX area. Our attorney specializes in property foreclosure and can help you keep your home despite filing for bankruptcy. If you are facing foreclosure or are thinking about bankruptcy, our attorney can help you. They will discuss your options with you to help you stay in your home. Contact us today to schedule your personal consultation!

Tips for Paying Off Debt

Fri, 09 Dec 2022 17:03:00 GMT

Debt Reduction Tips

Debt is something that millions of Americans deal with. Not all debt is necessarily bad. We use it to pay for items and services we otherwise wouldn’t have the money for such as cars and education. Unfortunately, life happens, and circumstances change which can make us quickly rack up large amounts of debt. It can be overwhelming having to pay off credit cards, medical bills, student loans, and car payments. Here are some tips for helping you pay off your debt.

Pay More Than the Minimums: Paying the minimum on your debts is necessary but doing so will make paying off debt take a long time. Pay as much extra as you can afford to pay off your debt more quickly.

Reduce Discretionary Spending: Reduce how much you spend on things outside of your necessities. If you drink coffee every day, try to drink coffee every other day. Do not order takeout as frequently, try to carpool to work, and do anything else to help cut your monthly expenses.

Eliminate Unused Subscriptions: We all have monthly subscriptions to services that we may no longer use such as Netflix, Hulu, Paramount +, Disney +, Etc. Go through your bank statement and figure out what subscriptions you are still being charged for but do not use and cancel them.

Use the Snowball Method: The snowball method of paying off debt is simple. It is paying off your smallest loan/debt first and then keep tackling the next smallest loan you have. This will help you stay motivated as you will notice that your debt is going away.

Contact Our Bankruptcy Attorney Today!

The Law Office of Carl M. Barto is a bankruptcy attorney serving the Laredo, TX area. Debt is something that many Americans struggle with every day. It is useful for many reasons but sometimes we get dug in too deep or life circumstances change. If you find yourself struggling to pay off your debt, you may want to consider filing for bankruptcy. There are several types of bankruptcy such as chapter 7 and chapter 13 . There is also debt consolidation and loan restructuring. Our bankruptcy attorney can help guide you through the process of filing for bankruptcy. Contact us today to schedule your personal consultation!