Bankruptcy Chapter 7

Once again, I am a paralegal not a lawyer. So my articles are in no way to be considered legal advice they are legal information only. Let us not forget when a lawyer or a paralegal becomes involved your problem becomes an ISSUE.

To repeat myself, bankruptcy isn’t as bad as republicans and corporations want you to think, Just because you have a bankruptcy Discharge your life nor your financial life are not going to end, Honest. All you are doing is telling the people you owe

I ain’t got it and I can’t get it! So back off and leave me alone!”

You see the goal of all bankruptcies is Discharge. A Chapter 7 Discharge is when the Bankruptcy Trustee (Judge) says you no longer owe the money and or debts listed in your bankruptcy.

SIDENOTE: After Discharge you will have to be careful. You see There is a catch 22. You see according to Federal Law once you get your Discharge debt collectors are no longer allowed to come after you but there are bad debt collectors who will still come after you and if they can get you to pay so much as $1 it become legal to go after you again. I will get into how deal with these greedy idiots in later articles.

So getting back to after Discharge. Within 30days of getting your Discharge you will be able to get a credit cards. There will be Secured and unsecured credit cards offers. Secured credit cards require that you deposit money into a savings account. The amount you deposit in that credit card company’s savings account will be your credit limit. Six months after Discharge you will be able to buy a new car. If you want to buy a new house and use FHA loan, bummers that means you will have to wait a whole 4 years to get your new house.

SIDE-NOTE: This isn’t legal advice, just my personal opinion. After you get your discharge get a secured card that reports to the credit bureau. It will take some looking but they are out there. Warning, most secured credit cards companies report to nobody.

Now, no employer federal or private can fire you for filing for bankruptcy. You can get fired for other reasons but not for bankruptcy.

Chapter 7 bankruptcy Discharge does not mean you cannot file for unemployment benefits or that your payments are going to stop. This also includes social security or any other benefits you might be entitled to. At least not right now with the crazy republicans in power that will change.

The Discharge itself will only stay visible in your records for only 7 years.

If you are worried about the corporations and people listed in your bankruptcy they will get to deduct what you owe them from their taxes. The only thing they will lose is the interest they get to charge you while you struggle to pay off the debt.

So isn’t bankruptcy just going to destroy your life, like crazy republicans want you to think, or is it a chance to start the game over like it was always meant to be. You decide not the crazy republicans.

Next week I’ll talk about a few bad things concerning bankruptcy and the mechanics of how it works.

SCRA or Service Member’s Relief Act

And so once again, I am a Paralegal I am not a Lawyer. So this is in no way be taken as legal advice. This is legal information only. Also let us not forget when a lawyer or a paralegal becomes your problem becomes an ISSUE.
As I said last week, with the end of the “Unemployment insurance gray train is over.” I think information about Bankruptcies will be very important. There are 3 types of bankruptcy most people will most often need.
As a veteran, I want to talk about is the SCRA or Service Member’s Civil Relief Act bankruptcy 1st. It was created in 1940 with the name of Soldiers and Sailor’s Act. This act can be found at 50 U.S.C. app. §§ 501 et seq.
The right to file for SCRA bankruptcy lasts the entire term of being on active duty plus 90 days. So if things crash or you discover things have crashed while out processing you can still ask for SCRA protection.
The major thing about the SCRA is a soldier or sailor’s wife or husband can start a SRCA for Bankruptcy protection. While a soldier or sailor is out of contact and or busy fighting for our country. Using the SRCA you can get help with debts like, past due credit cards, mortgage payments, back taxes and lease evictions.
It goes back to the promise we make our service personal, ‘If you risk all to protect us, we’ll protect the loved ones you leave behind.’
Okay, if your family’s major money maker is on active duty overseas or stationed someplace like and a creditors wants to file for a default on debt complaint. A creditor must file an affidavit proving that the military debtor is available. That they had made every effort to contact the active duty debtor and s/he has ignored the situation. This must be done before the judgment can be entered. If creditor does get the default judgment, you or your lawyer or legal service can file an affidavit telling the court that yes the military debtor was not available. This will stop things until the military debtor can be contacted. If the creditor challenges your affidavit the trustee can’t decide who is telling the truth h/she can appoint an attorney to protect the military debtor. Also another option the Trustee could make the creditor pay a bond before allowing a default go into collections.
SIDE-NOTE: A Bankruptcy Trustee 9.9 times out of ten is a lawyer employed by the Federal Bankruptcy courts. A Trustee more or less act as the judge in administering the bankruptcy cases making sure everything is done correctly.
SIDE-NOTE: A surety bond is an amount of money equal to the current market value of the property the Trustee is going to allow the creditor to take. The bond will be held by the court until the Trustee is sure no one was cheated.
Next week I am going to repost an article about presidential orders. Then I will move back to bankruptcy. Also I should have my scheduling problems worked out.

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