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A debtor filing for chapter 7 bankruptcy finds that lots more debts are discharged under the chapter 7 bankruptcy laws than filing any other types of bankruptcy. Most of the debts can be discharged under the chapter 7 bankruptcy laws but there are exceptions. Creditors are also restricted in their collection actions against debtors who file chapter 7 bankruptcy.

The chapter 7 bankruptcy laws are complicated because there are many exceptions so many people seek the help of a bankruptcy attorney. A bankruptcy attorney can help the debtor file chapter 7 bankruptcy correctly and comply with the necessary laws. If a filer fails to comply with the chapter 7 bankruptcy laws, the case can be dismissed, rejected or converted to another type of bankruptcy filing.

If the bankruptcy court finds it reasonable to issue a discharge order to release debtors of certain debts, creditors can have a say in the matter by filing complaints against the discharge decision of the court. If the creditors do not object to the discharge, the discharge order is often issued within a few months after the first meeting of creditors. The creditors can also file for more time to object.

Almost all chapter 7 cases result in discharge orders. However, there are exceptions. Examples of reasons why a bankruptcy court may deny a discharge is if the court finds evidence that the debtor tries to deceive the court, takes advantage of the chapter 7 bankruptcy laws, illegally transfers assets or hides assets to avoid liquidation. If there is any evidence that a crime has been committed, then the bankruptcy court will reject the case.

Even after the discharge order has been granted, secured creditors can still attempt to collect the assets used as collaterals for the debts. If a debtor does not want to give the asset back to the secured creditor, he or she can reaffirm the debt, pay the secured creditor and keep the asset even after the bankruptcy ruling.

Once a discharge of debts has been granted to the chapter 7 filer, creditors of discharged debts may not continue to harass the debtor in order to collect the debts. Creditors that sell off the debts to collection agencies cannot themselves contact the debtors to collect the debt. The collection agency also cannot keep trying to collect from the debtor.

While many debts are discharged under the chapter 7 bankruptcy laws, many debts are not. If a debtor’s main debts are those exempt from discharge, then he or she will still owe the debts after the case is closed. Examples of debts not discharged according to the chapter 7 bankruptcy laws are alimony, child support, taxes, and guaranteed loans. There are many more exceptions.

What are some things that you need to know about before cashing in your structured settlement annuity.

First find a company or broker that buys structured settlement annuity.

The structured settlement buying company or broker’s expertise must be checked. Buying structured settlement payments is not easy.

You should also consider checking to see if there are any lawsuits being filed against the company or broker. - contact your local Department of Consumer Affairs.

If the person you are talking to seems genuine and has your interest at heart than you may have the right person. No one has all the answers, but any one who you feel is willing to take the time and make you feel comfortable about what you want to do is the right person. Trust your instincts.

Will I get my money in a week or two?

This is a complicated process it will take one and half to four months to get your money. Anyone who says faster, run don’t walk, because they are not being truthful.

1. A Court Order is required. It is now required by all states for a court order to be issued. If there is no court order, a tax equal to forty percent must be paid on the total amount of payments being sold. Do not fret, this is a good thing ? it makes selling your settlement a little safer.

2. We need a copy of the annuity and other documents from the the Insurance Company. This takes time, some companies send it out quickly others will take their sweet time.

3. Different funding companies have requirements that make it important for your company or broker to know which company buys what. It saves a lot of time and you get your money quicker.

4. Check your Insurance Companies Rating? Make sure the Insurance Company has an A rating! Ultimately you will get a higher profit margin when your settlement is sold to larger financial companies. If a company has a lower rating then they may have to sell off settlements at a lower profit margin resulting in a lower price to you.

5. Necessary documentation: Copy of the annuity, the settlement agreement and release, photo ID, recent payment check , any child support payments out standing and application for selling payments. A honest expert can help you gather these documents.

What will Cashing Out Cost Me? Most likely you are going to be some what disappointed in the amount you receive. Total up all the remaining payments and know that cashing out will offer you much less than that. They based the structured settlement on a certain amount of money put into an annuity and then that principal amount, plus interest paid out, equaled the settlement amount. Consider other options before selling your payments.

Selling your structured settlement isn’t easy. What about a tax consequence? IRS in a private letter ruling said that there isn’t any tax liability for selling a structured settlement.

When selling your structured settlement, think about selling only a portion that will meet your current needs, and leave the rest in an annuity so that you will still receive some sort of monthly income. A financial emergency or other unexpected expense may come up requiring you to access and sell a structured settlement payment in the future.

Just keep in mind that the settlement was meant to be dispersed over time and selling the structured settlement may result in financial problems down the road.

The majority today is heavily in debt and bankruptcy is nothing new anymore. But, even when the situation is dire, many people are afraid of filing for bankruptcy. This is mostly because of the plethora of misinformation out there. Understanding the laws, the possibilities and the implications of bankruptcy are very important. Knowing what life has in store after declaring bankruptcy is crucial before you even consider filing for it.

The first fear people have is the question of credit. Can you get credit after you file for bankruptcy? The answer is yes, as long as you are willing to make some compromises. The credit limit might not be what you are used to, but you will still get credit. The main problem you will have to face here is that you will have to pay more interest than usual. However, the fact remains that there will be lenders who will offer you credit.

Another thought that may cross your mind is whether you can still be a home owner after bankruptcy. It’s not a major hurdle to jump over and there are many creditors who let you take out mortgages just 18 months after a bankruptcy filing has been processed. Here, the standards are similar among many financial institutions, where they don’t judge you for your past problems and instead try to help you build up again.

Also, if you are worried about how bankruptcy might affect your pension and life savings, the chances are they won’t be affected at all. In the majority of bankruptcy cases, pensions and savings are not included in the liquidation process. There are some exceptional circumstances, such as when you have outstanding tax liens. Under such circumstances, your savings and pensions may be deducted for your liabilities.

Before you file for bankruptcy, it is always a good idea to spend some time with a good financial advisor who can let you know all the facts and how they will affect you. Once you get all the facts, you can make your decision.