Monday, December 3, 2007

Filing Bankruptcy

Okay, so there’s no quick and easy bankruptcy, but keeping that in mind, there are a set of standard procedures and processes that must be followed in order to make it through the process and come out as good as possible on the other side.

First, you must determine which type of bankruptcy you will be filing. For individuals there are two types of bankruptcy from which to choose. There is Chapter 7 bankruptcy which is more of a liquidation type of bankruptcy and Chapter 13, which is generally more of a rehabilitation type of bankruptcy. But how do these types of bankruptcy affect real life?

Chapter 7 bankruptcy may be appropriate for someone who has car or house payments that have been kept current but has little equity in these assets. If you find yourself using your entire paycheck to make payments on debts, you may do well with Chapter 7 bankruptcy.

With Chapter 7 bankruptcy a debtor is given a chance to start over and not have to repay particular types of loans, like signature loans or credit card debt, while keeping most or even all of their property.

For those with a lot of equity in a house, for example, Chapter 13 bankruptcy may be more appropriate because this greater equity can be protected with exemption not provided for real estate in Chapter 7.

You will have to file also with a credit counseling service. For all bankruptcy cases filed after October 17, 2005, the debtor must acquire a certificate from a credit counseling agency that is approved, before the debtor can file a bankruptcy case.

You will also have to file schedules, petitions and statements of financial affairs with the court that handles your bankruptcy case. This will include all your paper bills and bank account statements.

You will also be required to meet with the trustee in you case, generally within 30 to 40 days after the case is filed. He or she will conduct a brief (usually 15-20 minutes) meeting where the trustee will determine if you have any property that is not exempt. If you do, he or she will sell the property and pay the proceeds to the creditor.

The last steps to getting through bankruptcy are financial management training and finally, discharge। The official classes only take about two hours and must be completed within 45 days after the day you meet with the trustee. When you are discharged from bankruptcy you will be able to qualify for most credit that you could before you filed.
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How to Refinance After Bankruptcy

If you want to keep things as simple as possible, take a look at the FHA website ( http://FHA.gov ). There are simply tons of resources to help you through every step of bankruptcy and information about how to refinance after bankruptcy.

The FHA can help you refinance with a FHA mortgage just one year after filing Chapter 13 bankruptcy, as long as you’ve shown proof that you were paying all necessary mortgage payments and trustee payments.

It’s a good idea not to confuse being on time with these financial obligations and being current. Many times in order for an account to be current you will have to be ahead of what you may have estimated as the payment schedule, so it’s a good idea to make sure you’re familiar with all the terms of your bankruptcy case.

Many people think that they have to wait for two years after filing Chapter 7 bankruptcy before they can refinance after bankruptcy. This misconception is due to confusion with Fannie Mae’s loan regulations.

You can refinance immediately after a Chapter 7 bankruptcy discharge. Also, a chapter 13 bankruptcy can be refinanced before discharge because there are repayment plans from the filing date that extends between three to five years.

So, the only true course to refinance after bankruptcy is to choose a good bankruptcy attorney. If you’d already filed chances are you’ve chosen an attorney that offers adequate help with rebuilding your financial life. If not, there’s no time like the present.

A qualified bankruptcy lawyer will be able to get you all the way through filing, repayment, discharge and offer the tools and information that you need to fully regain financial stability।
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Bankruptcy Home Loans

Will I Be Able To Get A Home Loan After Filing For Bankruptcy?

While there is not one simple answer to this question, there is a condensed way of looking at things that will help you know a little more of what to expect in your dealing with bankruptcy and acquiring home loans.

You may be able to buy a home two years after you have been discharged from your bankruptcy, though it is also possible that you may qualify as soon as one year after filing Chapter 13 bankruptcy, or one year following discharge from a Chapter 7 bankruptcy.

A large sector of home loans depend on VA or Federal Housing Administration loan guarantees, so your ability to qualify for these guarantees may be able to determine when you will be able to get a home loan.

The Federal Housing Administration will insure mortgages for individuals that have filed Chapter 7 bankruptcy at the point of two years after being discharged from bankruptcy, “if the borrower has re-established good credit (or chosen not to incur new credit obligations), and has demonstrated an ability to manage financial affairs.”

For Chapter 13 bankruptcy cases, the FHA has regulations that specify the borrower still in Chapter 13 debt adjustment, and who has completed the one year payment plans and has court approval of said transaction also qualify for insured mortgages.

The Veterans Benefits Administration also has regulations about insured home loans similar to those of the FHA.

These types of loan guarantees also make it easier to get reasonable interest rates on a home loan, as the loan rate is typically, and should be, based on the guarantee status of the loan.

Many of the other factors involved in assessing your personal situation with regard to bankruptcy and attaining a home loan are difficult to go over here, but there are two main factors that can make a difference.

1. Since you have none of the old bankruptcy debt, a creditor that sees you are no longer subject to repayment of old debts and are free to collect new debt. This can help with particular creditors.
2। Credit history still plays a role. Even though bankruptcy may have adversely affected your credit rating, if your overall credit history before the bankruptcy was good, this can also play a large role in how new creditors see you.
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FHA Mortgages

The Federal Housing Administration was established in 1934 as part of the New Deal. The FHA guarantees private home mortgages as well as works to provide funds that go toward promoting construction, particularly for poorer people. This relationship was authorized by the National Housing Act of 1934.

One of the major ways that the Federal Housing Administration (Authority) helps prospective homeowners is by guaranteeing home loans. The FHA guarantees mortgages and helps lenders work with borrowers no matter the level of financial distress they find themselves in.

Many people are eligible to receive mortgage and loan assistance from the FHA. You can apply online as well as read and educate yourself about many areas of home loans, bankruptcy, mortgages and more at the official site ( http://FHA.gov ).

Take a moment to visit the FHA website and take a look at the main ‘Buying’ section of the website. There is a helpful list of steps to take in buying a home with assistance of the FHA.

You can learn about just how much you can afford to spend on a house, find out about your rights, look for home loans, find out about home buying programs and even shop for a home online.

In addition, you can find out about how to make offers and narrow down your home buying search, schedule a home inspection, and find the right homeowner’s insurance.

The nice thing about working with the FHA is that you’ll still be able to research and choose the lender of your choice. The FHA guarantees the loan or mortgage, so you are free to be choosy about which company you decide to choose.

There are many invaluable resources to be explored at the Federal Housing Authority’s website। If you don’t immediately see what you’re looking for, there is a ‘keywords’ link on the left side that you can use to locate the information that is most relevant to you.
http://guaranteemortgages.com/