A lot of people have this idea in their heads that if they file for bankruptcy, they lose all of their stuff. That is not true.

While filing for bankruptcy is not the easiest thing in the world for a variety of reasons, it also is not the end of the world, despite how it may feel. Yes, there are a lot of factors to take into consideration, not the least of which is a change in lifestyle, meaning taking a good hard look at how you spend money. A lot of people think that when they file for bankruptcy, they lose everything they have. Good news – that is not true.

Keep in mind that every bankruptcy case needs to be assessed on its own, which means every case is different and yet similar. This is only to say that in most cases, the debtor will not be coughing up all of their property and possessions. This is because the law does give a wide allowance in terms of property exemptions. This is good news because during and after the closing of your bankruptcy case, your exempted property is protected by law.

Here is something that most people do not know, or do not understand. Exempted property means you are allowed to keep your property and the equity in it. That bears repeating: you get to keep the property and the equity in it, meaning the difference between the value of your property exemption and what you still owe. This is definitely something you need to discuss with your Iowa bankruptcy lawyer to get a good handle on how it works to your advantage.

As with just about everything, there are other points you need to be aware of as you move forward through the bankruptcy process. For example, each state has the right to choose which exemption will apply to your case, meaning state or federal exemption. In some cases, and this too is something your Iowa bankruptcy lawyer will talk to you about, some states let you make a choice between which route to take.

Typically speaking, federal bankruptcy exemptions are better for you. However, that does not mean state exemptions should be ruled out. This is yet another reason why you need a skilled Iowa bankruptcy lawyer, to help you get through the maze of filing bankruptcy. To get a good grasp as to which type of property exemption would apply to you, you need to talk to a qualified bankruptcy lawyer. That way, you are on the right track.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit https://www.iowachapter7.com or call 1.877.888.1766.

Did you know that even cities can declare bankruptcy? It is rare, but they can do it.

Let’s say you’re a city and you are staring at more money going out to run the city than is coming in. If that goes on for long enough, the word bankruptcy begins to appear on many people’s lips. The prospect of a city going bankrupt is mind boggling, but it can happen. Think Orange County, Calif., which declared bankruptcy in 1994. That was one of the largest municipal bankruptcies on record and virtually a precedent no one seemed to be anxious to follow.

Flash forward to 2011 and the current state of the economy. These days, just about everyone may flirt with and/or actually decide to file for bankruptcy. If there are no other options open, that is a move that makes the most sense to many. Does this work for cities and municipalities? Yes, it does. There is Chapter 9 for them, if their state allows that and 26 states do not allow cities and municipalities to go bankrupt.

Despite the fact that many states frown on cities and municipalities going under, this does not stop them from thinking about it and discussing it as an alternative to a desperate financial situation. In fact, just recently, it hit the news that Hamtramck, Mich. wanted to declare bankruptcy. Then the news surfaced that Central Falls, R.I. may be in the same boat. Harrisberg, Penn. is another “me too” candidate for bankruptcy. Things are indeed looking fairly grim.

Chapter 9, for those that can take it, is a desperate last move and one that may open the door for others in the same mess to move to do the same thing; a complete financial fiasco in the making. Those who do take that route have a long way to come back as well. Consider what those cities and towns would do to cope. What about town services? What about municipal bonds? What about driving up the costs of borrowing? What about the human fallout?

There is the very real scenario of city pensioners being cut off; something that has already happened in the city of Pritchard, Ala. when they declared bankruptcy not once, but twice in a 10-year period. The fallout is just beginning all over again for them. So, while Chapter 9 is an option for some cities and municipalities, the ramifications are horrendous. This is a move that should only be taken if there is absolutely no other way out from under debts.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit https://www.iowachapter7.com or call 1.877.888.1766.

Last year was really rough for people declaring bankruptcy. Over 1.5 million Americans filed and started over afresh.

“I get asked this question quite a lot when people come to me for a consultation: ‘Can I avoid bankruptcy?’ Overall, that is a tough question to answer, as there are many variables that affect whether or not to file, such as the economy, what your financial practices are like and what your present circumstances are,” said Kevin Ahrenholz, an Iowa bankruptcy lawyer.

Typically, whether or not a person does file bankruptcy is a matter of personal choice and personal circumstances. While some elect to keep on struggling to pay their debts, others realize that they will not get on top of things without filing. “When to toss in the towel is a very personal decision, one that a lawyer cannot make for you. However, they can certainly assist you in choosing a right route to follow for your particular situation,” Ahrenholz said.

The obvious place to start when considering bankruptcy is to find out what the legal definition of bankruptcy means. “It means when your present income, plus cash reserves, cannot pay all the living expenses, pay interest on loans and/or reduce the principal on the loans for five years, you’re legally bankrupt. Why five years? That’s the max number of years a bankruptcy court lets you work your way out of bankruptcy protection,” Ahrenholz said.

“But, back to the question about avoiding bankruptcy. To do that, you would need skill, some luck and a lot of planning. There are times when all three things come together to make it all happen, and there are times when only one of the triumvirate is present. Timing also plays a large part in whether or not you need to declare bankruptcy,” Ahrenholz said.

These days there are a number of common reasons why people file for bankruptcy protection. They may include being unemployed, bad business decisions, bad advice or timing, a lousy economy, health issues and failure to pay bills on time. These things happen to anyone and most often, they happen through no fault of their own. Most Americans do not have the financial reserves to survive being laid off and having a medical issue at the same time. In fact, most are lucky to have some money to put food on the table.

“While planning to avoid bankruptcy is an admirable goal, even if you do have a higher education and skills that are in demand; that does not necessarily guarantee landing a job. It does not shield anyone from health issues either. You could have the best education in the world but not be able to find work,” Ahrenholz said.

The bottom line is that people cannot always avoid bankruptcy and when the need arises, make sure to make the first phone call to a qualified Iowa bankruptcy lawyer for expert assistance dealing with the complexities of handling all the financial issues.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit https://www.iowachapter7.com or call 1.877.888.1766.

People not eligible to file a Chapter 7 bankruptcy may be eligible for Chapter 13. The key lies in protecting non-exempt assets.

“With the recent changes to the Bankruptcy Abuse Prevention and Consumer Protection Act (2005), it got harder for people facing a serious debt load to qualify to file for bankruptcy, because their income is above the state median. Others opt to file under Chapter 13 to protect non-exempt assets from being sold by a trustee,” said Kevin Ahrenholz, an Iowa bankruptcy lawyer.

For people opting to file bankruptcy under Chapter 13, they need to know that the procedure is a great deal more complex than a Chapter 7. Chapter 13 takes into account a detailed evaluation of income and a person’s expenditures to figure out what would be a suitable repayment plan. Debtors with non-exempt assets who happen to have a below average income according to the state median will typically make payments over a three year period.

“If, however, their income is above the state defined median, the repayment period is over five years,” Ahrenholz said. The maximum repayment window of time allowed is five years. Certain requirements need to be dealt with prior to filing for bankruptcy.

“Before filing, the debtor get credit counseling at least 180 days before their papers are sent in, their unsecured debts must be less than $336,900 and their secured debts must not be in excess of $1,010,650. These particular figures change from time to time, largely because they are based on movements in the retail price index, Ahrenholz said.

There are some circumstances in which a debtor may not file. One of those is if they have willfully failed to put in an appearance for the court or did not comply with a court order during the last six months. The other situation in which a debtor may not file is if the bankruptcy was voluntarily dismissed after creditors went after the sale proceeds of any property they held a lien on.

“There are rules and regulations and exceptions to those rules and regulations. It’s best to ask a qualified Iowa bankruptcy lawyer what is applicable in your individual situation, as no two bankruptcies are alike,” Ahrenholz said.

Typically, to start the ball rolling for a Chapter 13 bankruptcy, a court where the debtor lives is served with a petition. Along with that petition there must be a schedule of liabilities and assets, a complete accounting of the person’s current salary and expenditures, a statement of financial affairs and any executor contracts or unexpired leases.

“There has to be a certificate of credit counseling too, which needs to outline a repayment plan. Wage stubs are required, as is a tax return,” Ahrenholz said.

There is more to this process and it is best to be prepared by discussing the situation and how to proceed with a dedicated and seasoned Iowa bankruptcy lawyer. “While your situation may be similar to someone else’s, the facts will vary in every case. For this reason, we take the time to walk you through what you need to know for your particular set of circumstances. If you have questions, feel free to call us for a free consultation. It’s our job to help you get your life back together again,” Ahrenholz said.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit https://www.iowachapter7.com or call 1.877.888.1766.

Most people who file for bankruptcy do so because they have no other choice. However, bankruptcy fraud is on the increase, making courts even more suspicious of legitimate petitioners.

“Unfortunately, even though the vast majority of those who have made the difficult decision to file for bankruptcy are legitimately in a financial bind, bankruptcy fraud is on the increase, something which is not good news. The more fraud there is, the less courtesy and consideration legitimate petitioners get. In other words, those really needing help are now being regarded with more suspicion,” said Kevin Ahrenholz, an Iowa bankruptcy lawyer.

Even though a bankruptcy will dog a person’s footsteps for many years, the fact remains that the bills are paid and the financial future is a lot brighter. This one fact alone has prompted many to commit bankruptcy fraud.

“How do people commit bankruptcy fraud? Some of the methods used are quite sophisticated and difficult to track down. Typically, they hide most of their assets by either giving them to someone else during the course of the bankruptcy proceedings or will just not admit to having them,” Ahrenholz said.

The assets they do declare are then sold to pay off their debts. When the whole thing is over, they simply gather up the rest of their property and get on with their life – their new, debt free life. Obviously, this has come at the expense of someone else’s actual and real dire need to declare bankruptcy. While this is not the only method used to commit fraud, it is the most common one and the easiest to pull off.

Bankruptcy fraud hurts those who really have no other options. The fraud artists are using the system to their advantage and tying up resources that others could desperately use. If and when someone pulling an unethical and illegal stunt like this gets caught, it makes the court system regard those who file with a greater degree of suspicion. For those who are in a legitimate position to file bankruptcy, a jaundiced point of view on their petition from the courts is the last thing they need. They have already been through enough.

“If you have a legitimate need to file for bankruptcy, give my office a call and we will walk you through the process. Your first consultation with us is free. The advice will point you in the right direction for a fresh start on a new, debt free life,” Ahrenholz said.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit https://www.iowachapter7.com or call 1.877.888.1766.

By far the best return on your investment is to file bankruptcy. It is far cheaper to file a bankruptcy than it is to repay interest on debt year after year, without making any gains. Bankruptcy can offer you a fresh start if you find yourself overwhelmed by debt.

If you are considering filing for bankruptcy, one advantage is that bankruptcy offers the best return on investment anywhere, on any investment. The average cost of a bankruptcy in Iowa is anywhere from $1,400 (attorney fees and court costs) to $3,000. Assuming a person invests $1,500 into their bankruptcy, and eliminates only $15,000 in debt (a very low discharge amount for most cases), that person will achieve a 1000% return on investment in just four months. A good mutual fund or blue chip stock might give you a 7 – 10% return annually. It would take 40 – 50 years for your $1,500 investment to match what we can accomplish in just four months.

Considering most people eliminate $30,000 – $60,000 or more in debt with their bankruptcies, the rate of return is usually closer to 2000% to 4000%. Is there any investment, anywhere, that could turn $1,500 into $60,000 (or more) in just four months? Nothing is more powerful than investing in your future, and the future of your family, by securing a clean slate, and making a fresh start.

Chapter 13 is a debt management plan that the debtor participates in for a period of 3 to 5 years. When filing for Chapter 13 bankruptcy, the debtor and his attorneys will prepare a payment plan, which a court will review. The payment plan proposes an amount that will be paid to every creditor each month, based on the debtors financial situation and ability to pay. At the end of the 3 to 5 year payment term, most remaining debt will be discharged.

A Chapter 13 bankruptcy is also known as a wage earners or repayment bankruptcy.

Chapter 7 allows debtors to discharge most unsecured debt without a repayment plan. Chapter 7 bankruptcy shields an individual from creditors as soon as the bankruptcy petition is filed. The process usually lasts around 4 months, at the end of which the debtor will receive a discharge and clean slate.

A Chapter 7 bankruptcy is commonly known as a straight or liquidation bankruptcy. Its goal is to relieve you of indebtedness.

Both Chapters 13 and 7 allow the debtor to keep some secured assets. Neither type of bankruptcy allows a debtor to discharge tax debt, student loans, fines, alimony or child support. There are certain debts that are dischargeable in Chapter 13 but not in Chapter 7. A qualified bankruptcy attorney can advise you of your options in this regard.

Chapter 13 offers certain advantages with regard to secured assets such as mortgages and car payments. Chapter 13 bankruptcy has the ability to stop foreclosures, cram down car loans and strip liens. Co-debtors are also protected under Chapter 13 bankruptcy but not Chapter 7.

Regardless of these advantages, Chapter 7 bankruptcy may still be a debtor’s most powerful tool. Most debts are discharged, the process takes only a few months, the debtor does not have to pay on debts through a payment plan and the process is less expensive. In most cases, you’ll lose little, if any, of your property or assets. Most of your property is secured or exempt, so little, or sometimes nothing, may be left to pay your creditors.

A chapter 13 bankruptcy can be filed more frequently than once every 8 years, and it can be filed at anytime to manage your debt load even if you are not eligible for a discharge due to a prior filing.