Chapter 7 bankruptcy

Clients’ Choice Award – I’d like to thank . . .

As a CERTIFIED FINANCIAL PLANNER™ and bankruptcy lawyer, I rescue clients from financial chaos. I solve debt problems caused by job loss, ill health, and other life-changing setbacks. For so many with too much debt and too little income, I help them push the RESTART button.

After examining spending patterns, budgets and monthly income, we consider all debt-relief options including payment plans, debt settlement, and bankruptcy.

A Chapter 7 bankruptcy is designed to protect property and give a financial fresh-start. My clients feel immediate relief after I file their case and debt collectors stop calling. 90 days later, the case ends and financial freedom begins.

Many are surprised to learn how Rhode Island and federal law can help protect most/all of their property. These “exemption” protections apply to cars, real estate, retirement assets, jewelry, etc. Most clients do not lose any property at all.

These same laws also help remove most unsecured debts like credit cards, payday loans, utility bills, personal loans, lines of credit, medical bills, car repossessions, mortgage foreclosures, etc. Sometimes, even income tax obligations can be discharged in bankruptcy.

I understand its not easy to ask for help, especially when it comes to money-matters. I get it. That’s why I designed my practice differently.

Anyone with a debt problem can call me, without any obligation, to get my advice. I’m pretty easy to talk to and would be happy to help you determine the best path out of your debt dilemma.

Hit the Avvo badge below where clients generously shared their experience in working with my firm.

PS: I don’t take these “awards” too seriously, but I’m always happy when clients appreciate the realized benefits of a financial do-over.

Here it is.

RI Bankruptcy Law: Median Income Figures Change Again

RI bankruptcy lawyers have new income guidelines to determine who qualifies for Chapter 7 bankruptcy relief. On November 1, 2012, the US Census figures became effective for all new consumer bankruptcy filings. Other than for 3-person households, it became slightly more difficult to qualify for Chapter 7 bankruptcy relief for every other household size in Rhode Island.

Below are the median income figures that I use for my Rhode Island clients who need to file for bankruptcy protection:

1 person household $ 45,945 (down from $ 47,798)
2 person household $ 60,538 (down from $ 61,506)
3 person household $ 75,306 (up from $ 68,909)
4 person household $ 82,086 (down from $ 88,990)
Add $ 7,500 for each additional household member above a 4 person household

As a reminder, these are gross income figures. To determine whether you qualify for Chapter 7 bankruptcy relief, we take your trailing 6 months of gross income from all sources (except Social Security and unemployment benefits), multiply it by two and then compare it to the chart above.

While its easier to qualify for a Chapter 7 bankruptcy with gross income lower than the median, in many cases, you may still qualify with income slightly higher than the median.

Bottom line: Its impossible to forecast whether it will become easier or more difficult to file your Chapter 7 case in the future. Even if you are not ready to file your case now, I can run an analysis on your family’s income to see if your income is presently low enough to qualify for debt relief.

Rhode Island Bankruptcy Debtors Catch a Break

Twice a year, the US Census Bureau and the IRS provide data used by bankruptcy lawyers to determine who qualifies for debt relief. On May, 1, 2012, the new income numbers became effective for all new bankruptcy case filings. The good news is that median income figures rose for all household sizes in Rhode Island.

Below are the new median income figures that I will use for my Rhode Island clients who need to file for bankruptcy:

1 person household $ 47,798 (up from $ 46,335)
2 person household $ 61,506 (up from $ 59,624)
3 person household $ 68,909 (up from $ 66,800)
4 person household $ 88,990 (up from $ 86,267)
Add $ 7,500 for each additional household member above a 4 person household

As a reminder, these are gross income figures. To determine whether you qualify for Chapter 7 bankruptcy relief, I will examine your trailing 6 months of gross income from all sources, except Social Security and unemployment. I will then double the gross figure and compare it to the chart above.

Bottom line: Many more who need to file for bankruptcy protection in Rhode Island now qualify. This window of opportunity may only be available for a short period, so if you are considering bankruptcy, call a qualified RI bankruptcy attorney today.

Top 7 Reasons To File Chapter 7 vs Chapter 13

The US Bankruptcy Code provides a number of choices to people struggling with debt. The most popular choice is to file a Chapter 7 Bankruptcy petition. Here are seven reasons why.

Time—A normal Chapter 7 bankruptcy case takes about 100 days from beginning to end. After a brief creditor’s meeting one month into the process, the case ends two months later.
Property—Because federal and/or State exemption laws allow a debtor to protect their assets, most Chapter 7 filers do not lose any property. The bankruptcy trustee handles most cases as “no asset” cases, meaning that the debtor is not required to forfeit any property.
Cost—Filing under Chapter 7 is considerable cheaper than filing under Chapter 13. Even though lawyer fees may differ from state to state, most bankruptcy attorneys will quote a fee that is fair and affordable. Bankruptcy lawyers who practice exclusively in bankruptcy (not general practitioners) understand you don’t have extra money to overpay for their services.
Repayment—You are not required to repay unsecured non-priority creditors like credit cards, utility bills, personal loans, or medical bills. If you created your debt in good faith and no creditor objects to your bankruptcy, most unsecured credit obligations will be destroyed in your bankruptcy.
Privacy—Record of your bankruptcy is only accessible in the court system. In most cases, the only people who will know you filed for bankruptcy protection are you, the court, and your creditors.
Credit—Most people who file under Chapter 7 can reestablish credit shortly after their bankruptcy concludes. (Your debt to income ratio improves once your debt has been eliminated: the first step towards rebuilding your credit.)
Stress—Most chapter 7 filers never set foot in a courtroom. Instead, they merely attend a brief, informal hearing with the trustee assigned to their case.

How To File a Chapter 7 Bankruptcy Petition

by Mark Buckley

For the last 28 years, I’ve been drawing pictures and timelines to explain to my Chapter 7 bankruptcy clients how the process works. I finally decided to make a video and hope you find it helpful.

Clients’ Choice Award – I’d like to thank . . .

RI Bankruptcy Law: Median Income Figures Change Again

Rhode Island Bankruptcy Debtors Catch a Break

Top 7 Reasons To File Chapter 7 vs Chapter 13

How To File a Chapter 7 Bankruptcy Petition

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