Can bankruptcy hurt your chances of finding another professional job? The answer to this question is as complicated as bankruptcy laws.

A bankruptcy, by law, can be reported and posted in all of your credit agency reports for up to 10 years. This information is public information. Anyone wishing to pay for the services of credit reporting agency can view the records.

Employers who specialize in the handling of money, like banks and accounting firms, might run a credit check on you to see if you are the type who can handle money. A bankruptcy found on your credit report may possibly influence the potential employer in whether or not they will hire you. If this is the case, the answer to the employment question could be a definite yes.

On the other hand, under Title 11 of the United States Code, section 525, the law prohibits discriminatory treatment of debtors by both governmental units and private employers.

An excerpt taken from sub-section (a) of the code states this in relation to a governmental unit: “a governmental unit may not…deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act…”

An excerpt taken from sub-section (b) of the code states this in relation to private employment: “No private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act…”

So theoretically, a bankruptcy should not be able to hurt your chances for employment, but unfortunately sometimes, discrimination is hard to prove in a court of law.

For instance, although the law is explicit in regards to government and employer practices concerning discrimination, when it comes to private businesses like a bank, they can discriminate against you if you have filed for bankruptcy protection and want credit. In other words, they will most likely not give you a loan when they find out you have filed a bankruptcy, and if they do provide you a loan, the loan will surely have a much higher interest rate they have attached to the loan in a very discriminating way.

In the same light, an employer who is seeking a professional with certain skills might use the information from a credit report about a bankruptcy to determine you do not have the skills necessary for the job. So, is that discrimination? Only a court can decide.

If you feel like you have been discriminated against because you have a bankruptcy on your record, you might want to contact a lawyer.

If you are looking for bankruptcy help, you should know bankruptcy laws are complicated, and it might be wise to consult with a bankruptcy lawyer who can help you understand how the laws might apply in your particular situation.

Many are asking in bankruptcy forums, “Can a voluntarily dismissed Chapter 13 be removed from credit reports?”

When you file for bankruptcy, the action is reported to all the credit reporting agencies. The Fair Credit Reporting Act governs how credit reporting agencies and creditors can legally behave in their dealings with your credit history. The law states that a reporting agency can report a bankruptcy filing for up to 10 years, but there are not many rules which govern the removal of the reporting before the end of the 10 years. It is a matter of public record.

There are two types of dismissals in a Chapter 13 bankruptcy- voluntary and involuntary.

A Chapter 13 bankruptcy, commonly called a wage earner’s plan, enables individuals with regular income to develop a plan to repay all or part of their debts over three or five years.

A voluntary dismissal in a Chapter 13 might occur when you as an individual filer decides filing for bankruptcy was a mistake.

You may wish to request a voluntary dismissal if you find out one of the major debts in your bankruptcy cannot be discharged, you have come into a lump sum of money allowing you to pay all your debts, or you now have found employment permitting you to pay off your debts in full.

The voluntary dismissal may be achieved in a Chapter 13 by merely filing a petition for dismissal with the bankruptcy court. Stopping your monthly payments to the bankruptcy trustee can have the same results as filing a petition.

Unlike the stricter Chapter 7 bankruptcy, a Chapter 13 can easily be voluntarily dismissed.

To remove a voluntarily dismissed Chapter 13 from your credit reports is a different challenge within itself. It is not impossible, but it is not easy by any stretch of the imagination.

The removal, if possible, might take a legal action to obtain a court order to remove the information. Here, you would most likely have to prove to a court the dismissal was, indeed, voluntary, the debts have been paid, and reporting the filing under such circumstances has done you irrefutable harm.

No small task to prove, the court filing may or may not be cost prohibitive. Sometimes, credit reporting agencies might remove the bankruptcy report if a reasonable and persuasive appeal has been made in writing by you, or even better, a bankruptcy lawyer.

If you determine you are in need of relief from the stress associated with debt and you live in or around the metropolitan areas of Norfolk, Virginia Beach, or Newport, Virginia and North Carolina, contact us here today at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.

When you file for bankruptcy protection, you do so to help alleviate burdensome debt, protect what assets you can, and to get a fresh new financial start.

Filing does not come without some inconveniences. One of the things you are surely to lose during a bankruptcy is good credit, and if you lose your home also, these inconveniences can make it harder for you to find a place to live.

So, is it hard to rent while you are in bankruptcy with bad credit?

The answer to the question is obvious. The answer is yes, but it is not impossible either.

People get into financial problems for a variety of reasons, and they are not always of their own doing.

People who make a living by renting to others realize more than anyone why people get into financial trouble. If they have been in the business any length of time, they usually have heard every story of why someone cannot come up with the rent money.

Because of their various experiences, a landlord’s view of renters may be somewhat different than the normal persons. It is not uncommon for a renter who has been having financial problems to present a valid reason for their circumstances to a potential landlord, and as long as they have been making timely rent and utility payments in the past, be granted a rental space.

Bankruptcies, garnishments, and poor credit are red flags for landlords to ask additional questions.

If you live in an area where there is plenty of rental property, competition for the rental space will not be as great. Therefore, a landlord will be more willing to listen to valid reasons for your circumstances. If rental space in your area is at a premium and competition is keen, your odds of getting the rental property diminishes proportionately.

Landlords tend to overlook medical bill problems, student loan debt, and credit card debt, but most likely, they will not overlook a history of not paying utility bills or rental payments.

Here a some things you might try to increase your chances of renting property after you have filed for bankruptcy:

1. Be up front and honest with the landlord. Let them know you filed for bankruptcy, why you filed, and how you have had a history of prioritizing your living quarters and utility support of such.
2. Seek out landlords with multiple properties in lieu of a landlord who owns only one. That person may be depending on the income for other reasons, and they are not as likely to take a chance.
3. Avoid seeking out rental property that has been vacant for long periods. Vacancy might be a sign the owner of the property is either having problems or has too stringent expectations for the property. Either can cost you time and money.
4. Any good letter of recommendation from a former landlord of your payment history and respect for the property cannot do anything but help you.
5. Offer to pay a larger security deposit if you like the property but the landlord seems hesitant.

Remember, you have a lot of control whether or not renting property is hard while you are in a bankruptcy with bad credit.

Filing for bankruptcy protection can be a breath of financial fresh air if you want a financially fresh new start, but a bankruptcy will be reported and remain on credit reports for up to 10 years. So, can you remove a bankruptcy from your credit reports?

There are certain companies on the internet today that promise they can remove a bankruptcy filing from your credit reports. One source claims that some of these companies use new social security numbers to remove the record from your name, but if that is the case, that might be considered fraud. So, beware of scams to remove your credit history.

The truth of the matter is, if creditors and credit reporting agencies are following the legal guidelines set out in The Fair Credit Reporting Act, there is not much legally you can do to remove the bankruptcy from your records.

Some legal firms specialize in finding ways to legally force creditors and credit reporting agencies to remove questionable debts that lower scores, but raising your credit score is not the same as removing the fact you filed a bankruptcy. What raising your credit score might do for your is soften the financial negative effect a bankruptcy filing may have. Therefore, what may be more important than removing a bankruptcy from your credit history is the fact your credit is improving.

The good news for bankruptcy filers today is that bankruptcies on credit reports can be viewed as a positive thing by some creditors, especially if you are beginning to rebuild your credit after a bankruptcy filing. Filing for bankruptcy is a responsible way for honest individuals to work their way out of an unfortunate financial dilemma and in some cases to start fresh, and many view bankruptcy protection as simply a tool used used by our society to potentially help alleviate a bad financial situation between two parties.

Since rebuilding your credit can be important to a fresh start, there are other ways for you to immediately begin rebuilding your credit that do not include legally challenging your reports.

Some of the things you can do to immediately begin rebuilding your credit is to open new lines on credit cards, get a secured credit card, rent, and continue to monitor your reporting agencies for errors. By using these techniques you may have to use higher interest credit cards, but the rewards may be worth the risk if you can maintain timely payments.

Bankruptcy laws can be complicated, and common sense indicates you might need a bankruptcy lawyer in order to help you understand how these complex laws may apply in your particular situation.

If you determine you are in need of relief from the stress associated with debt and you live in or around the metropolitan area of Indianapolis, Indiana, contact us here today at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.

Filing for bankruptcy protection does not always leave a debtor without options concerning their assets. To the contrary, a debtor who has filed has numerous options to keep his or her assets. One popular question many filers have is, “Can you refinance an asset after bankruptcy?”

Basically, the answer is yes, but the answer, like bankruptcy law, is laden with complicated possibilities.

What type of individual bankruptcy you file, a Chapter 13 or a Chapter 7, might influence how you can handle the refinancing of a secured asset you own when you file.

The automatic stay of bankruptcy, common to all bankruptcies, means that the mere request for bankruptcy protection automatically stops and brings to a cessation certain lawsuits, foreclosures, utility shut-offs, evictions, repossessions, garnishments, attachments, and debt collection harassment.

In a Chapter 13, a bankruptcy lawyer might emphasize the importance of the stay to save your home from foreclosure. Chapter 13 bankruptcies, commonly called wage earner plans, enable individuals with regular income to develop a plan to repay all or part of their debts over three or five years.

If you have an exit plan for post Chapter 13 bankruptcy, you can refinance after 36 months and discharge the bankruptcy immediately. This saves you two years on your credit report, and can allow you to be transformed to a high risk borrower which can enable you to refinance. The interest rates will be a little higher, but you will be eligible for some government backed refinancing loans, which should make the loans affordable.

With a dismissed bankruptcy, a foreclosure bailout loan can be arranged. Most mortgage lenders will not refinance unless the mortgage refinance is arranged before a Chapter 7 is refiled.

A Chapter 7, commonly called liquidating your assets, is the simplest form of bankruptcy. In a Chapter 7 bankruptcy, a court trustee will take your non-exempt assets, liquidate them, and pay off your debts.

Potentially, if you can find a lender, you can refinance a secured asset included in a Chapter 7 bankruptcy one day after you have filed. You can refinance a secured asset included in a Chapter 13 bankruptcy before, during or after the bankruptcy, if you can find the lender.

Can you refinance an asset after bankruptcy? Yes, but what you pay for the refinancing is determined by your current credit score, the policy of the lending institution, and the type of lending institution.

Do lenders have to refinance your secured loan after you file bankruptcy? No. In most cases, it is may be wise if a lender can negotiate a refinance with a bankrupt debtor that has filed bankruptcy because the debtor who reaffirms such refinancing has no recourse for up to eight years once the bankruptcy is discharged.

Bankruptcy laws can be complicated, and common sense indicates you might need a bankruptcy lawyer in order to help you understand how these complex laws may apply in your particular situation.

If you live in or around the metropolitan area of Fort Lauderdale, Florida, contact us here today at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.

Many of you who might be considering filing for a bankruptcy for the first time usually have a lot of questions. One common question is, “What effect does filing a bankruptcy have on a lawsuit or judgment?

Here are three different ways filing a bankruptcy might have an effect on a lawsuit or judgment:

1. When you file bankruptcy plays a very important role on how a filing can effect a lawsuit, and in particular, a judgment from a lawsuit. When a judgment has been awarded a creditor in a successful lawsuit, that brings an arsenal of weapons creditors can use against you. If you live in a state that allows garnishments, the court awarded judgment can allow a creditor to petition the court to garnish your wages or bank accounts. Once a successful creditor has garnished one or the other of these assets from you, that portion of the asset is gone, and a bankruptcy court most likely cannot go back after those assets. So, timing is important in filing a bankruptcy to protect you against judgments.
2. The type of bankruptcy filed can play a role in effecting a lawsuit or judgment against you. A judgment can result in a creditor attaching a lien on your assets that can provide a creditor with their original claim and interest when you try to sell the assets. In some cases, these liens can be stripped by certain bankruptcy filings.
3. Repossessions can be stopped by bankruptcy in a variety of ways. A creditor can repossess your property without going to court if it can be done without a breach of the peace. That means a creditor cannot enter your home, garage, or enclosure of your property without permission, but they can repossess the property in question if the property is found in a public setting like your front yard or a public parking space. If you are there to object to the repossession, the creditor must take the matter to court.

   If the creditor takes you to court and wins a judgment to repossess the property as agreed by contract, the only way you can stop the creditor at this point is to file for bankruptcy.

If you file a bankruptcy in a timely manner, you can stop certain lawsuits and judgments from having much of an effect on you, and you can possibly save your property in some circumstances.

The moment you file a bankruptcy, a judge will order all collecting actions to cease, an important feature called the automatic stay. The automatic stay, applicable to all types of bankruptcy filings, means that the mere request for bankruptcy protection automatically stops and brings to a cessation certain lawsuits, foreclosures, utility shut-offs, evictions, repossessions, garnishments, attachments, and debt collection harassment.

If you determine you are in need of relief from the stress associated with debt and you live in or around the metropolitan area of San Jose, California, contact us here today at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.

It would be a terrible thing if you are trying to make a living by using your hands, got into financial trouble financially, had to file for bankruptcy protection, and then found out you could not keep your tools for work. In some rare cases, it happens. So, can you keep your own tools for your job after filing bankruptcy?

Depending on which type of bankruptcy you file, the answer to the question could be yes, no, and maybe part of your tools.

There are basically two types of bankruptcies most individuals can file- a Chapter 7 or a Chapter 13.

A Chapter 7 bankruptcy, commonly called liquidation of your assets, is normally the simplest and quickest form of bankruptcy. After filing a Chapter 7, a bankruptcy court trustee will gather all your non-exempt assets and turn your non-liquid assets into cash, combine the new cash with your non-exempt liquid assets and pay off your unsecured debts by a prioritized list until the money is gone or your debts are paid in full.

Whatever money you have left after paying off your unsecured debts and court costs in a Chapter 7 case is yours to keep, if any. If you fall short of paying all your unsecured creditors, all the rest of the non-exempt debt will be discharged, and you will never be responsible for paying those particular debts again.

Exemptions are very important in a Chapter 7 case. There are two types of asset exemptions- federal or state.

Asset exemptions are allowed by bankruptcy courts in a Chapter 7 case to protect those particular assets from being liquidated to pay off debt. In affect, you can keep any exempt asset protected by law, and the bankruptcy court trustee will liquidate any non-exempt asset.

Although bankruptcy laws are federal as laid out by the Constitution of the United States, the states are allowed to supplement federal laws to accommodate their citizens. Asset exemption status is one area states are allowed to make state bankruptcy laws to fit the needs of their citizens. Some states will allow you to choose between federal or state exemptions when you file in a federal court of jurisdiction within that state. Other states will not let you choose.

Tools of your trade are traditionally listed by both federal and state exemptions. Depending on which state you live and their bankruptcy laws, you may be able to keep all the tools of your trade, none of them, or a portion of them.

Knowing what you can and cannot claim as an exemption is one reason you might want to enlist the help of a bankruptcy lawyer who could help you understand how bankruptcy laws may apply in your particular situation.

A Chapter 13 bankruptcy, commonly called a wage earner’s plan, enables individuals with regular income to develop a plan to repay all or part of their debts over three or five years. In this type of bankruptcy, you can keep all your assets, including tools of your trade, as long as you make your payment plan in a timely fashion.

One of the most common questions first time bankruptcy filers ask is, “Can you include past due utility and cable bills in a bankruptcy filing?”

There are basically two types of bankruptcies most individuals can file- a Chapter 7 or a Chapter 13.

By bankruptcy law, you must list all your debts and the creditors you owe for any type of bankruptcy filed, including past due utility and cable bills. All debts will be put in a priority list, and depending on the type of bankruptcy, will be paid according to either the prioritized order or a payment plan.

A Chapter 7 bankruptcy, commonly called liquidation of your assets, is normally the simplest and quickest form of bankruptcy. Here, a bankruptcy court trustee will take your non-exempt assets and liquidate, or sell them, in order to pay off as many creditors he or she can with the liquidated cash.

Any unsecured debts, like past due utility and cable bills, that the liquidation cannot pay in part or full will be discharged. As a result, within a certain time frame after hearing of the bankruptcy, utility companies might raise your deposit in some states.

Your only recourse when a utility company raises a deposit is to make an appeal to the bankruptcy court to make the deposit affordable. The federal courts have the power to make this happen, but it will require you to petition the court, possibly an added expense.

A Chapter 13 bankruptcy, commonly called a wage earner’s plan, enables individuals with regular income to develop a plan to repay all or part of their debts over three or five years.

Like a Chapter 7, you will have to list any past due utility and cable bills as debts in a Chapter 13. These debts will be prioritized and confirmed by the bankruptcy court through your payment plan.

Your payment plan will be designed to pay part or all your debt with the qualifying disposable monthly income determined when you filed.

These debts will be handled like all unsecured debts paid in a Chapter 13. If there is enough disposable monthly income to pay off all the unsecured debt in the approved time frame, your debts are satisfied. If There is not enough disposable monthly income to pay all your unsecured debt, the remaining non-exempt debt will be discharged.

In a Chapter 13, just like in a Chapter 7, when a utility company learns about the automatic stay of bankruptcy, the company may want to demand a higher deposit. If not paid within 20 days of filing, the utility company might petition the bankruptcy court to lift the automatic stay and shut off service.

If you are currently having problems with utility and cable debt, and you live in or around the metropolitan areas of San Juan or Bayamon, Puerto Rico, contact us here today at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area that will help you with any questions you may have on bankruptcy law.

The first hearing you will be required to attend after filing a bankruptcy is the First Meeting of Creditors, also called the 341 Meeting.

It is usually scheduled for a Chapter 7 bankruptcy from about 30 to 45 days after the bankruptcy petition has been filed.

For Chapter 13 cases, the First Meeting of Creditors will be scheduled for the third Wednesday of the month after you filed the petition unless there is a Holiday issue.

Creditors are given an opportunity to meet with the filing debtor or debtors in front of the trustee. This is done in order for the creditors to ask any pertinent questions to the debtors in regards to the debts listed in the filed petition. This opportunity is called the 341 Meeting.

If you are filing a Chapter 7 bankruptcy, called liquidating your assets, and do not have any assets to liquidate, there would really be no reason for a creditor to take advantage of the opportunity to attend the 341 meeting.

If a creditor did want to attend the meeting for some reason, most creditors usually have to pay someone to attend. Unless there are extenuating circumstances on the debt owed, creditors usually will not spend the money.

So, creditors rarely attend the meeting in any case.

Even if you have non-exempt assets to liquidate, it is rare for a creditor to attend the 341 meeting. If there are any legal questions creditors have about the debts owed, they are addressed through a different format and are not addressed at this meeting.

If a Chapter 7 trustee wants additional information from the filer, he may request the information at the 341 meeting.

If you are filing a Chapter 13 bankruptcy, called a wage earner’s plan, the trustee’s main focus is going to be reviewing the plan to make sure it was prepared correctly and that everyone understands what the plan is directing the debtors to do.

The debtor in a Chapter 13 should have made his or her first payment to the trustee by the time the 341 meeting is held. By this time, creditors should already know if they will be receiving payments from your plan. Therefore, it is still rare for a creditor to attend the 341 meeting.

Although debtors are required by law to attend the 341 meeting, creditors are not required to attend.

Normally on the day of the meeting, there will be about ten or so debtors accompanied by their lawyers and family who will be sitting at the court waiting to attend their own meeting. Each filing group will take their turn sitting before the trustee who normally asks few questions.

A 341 meeting, under normal conditions, usually lasts about 3 to 5 minutes. Because that is not a lot of time, the trustee normally will not go into much detail and will rely on the documents already presented.

That is a good reason to consult with a bankruptcy lawyer who can prepare you up front on the complex situations that might arise in bankruptcy law, especially in those rare situations in the first hearing scheduled after you file.

Bill collectors can be very persistent. What do you do if creditors keep calling and writing you after you have filed for bankruptcy?

After you have filed a bankruptcy, if one your creditors contacts you by phone or mail, their action may be considered a violation of the bankruptcy court’s automatic stay and/or the Fair Debt Collections Practices Act.

If the creditor contacts you by phone, you might want to inform the creditor you have filed for bankruptcy, state your bankruptcy case filing number, and then ask them not to call you again.

If the creditor contacts you by mail, you might want to send them a certified “Cease Contact” letter. In this letter, you can inform the creditor you have filed for bankruptcy, include your bankruptcy filing number, and demand they immediately stop contacting you. Keep a copy of the dated letter and the certification receipt for your records.

If you have a bankruptcy lawyer and the creditor calls, you should tell the creditor you have filed for bankruptcy and have a lawyer. Then, give them your lawyer’s name and phone number and ask them not to call you again.

If you have a bankruptcy attorney and the creditor contacts you through the mail, take the creditor’s mail and give it to the lawyer for him or her to handle. He or she can help you determine what to do next, if anything.

In the unlikely event the creditors should continue to contact you after you have informed them to stop either through a “Cease Contact” letter or through your lawyer, you may have grounds to seek a settlement against them for a violation of law.

It is a violation of the Fair Debt Collections Practices Act for bill collectors or creditors to continue contacting you once you have legally informed them to stop. If convicted of the violation, creditors might have to pay you damages and legal fees.

Your bankruptcy judge should be notified if a creditor breaks the automatic stay placed into effect by the bankruptcy court. A violation of the automatic stay might bring severe consequences to the violating creditors, depending on the court of jurisdiction.

These options listed are just suggestions to stop creditor harassment. If you have a bankruptcy lawyer, notify them and the attorney can take action on your behalf.

If you live in or around the metropolitan area of Denver, Colorado contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney to answer your bankruptcy questions.