Bankruptcy–does it really change your life for the worse like many people assume? In this article, we’ll compare Chapter 7 bankruptcy to Chapter 13 bankruptcy. We’ll also share some key points you should be aware of when it comes to Chapter 7 bankruptcy. 

Understanding Bankruptcy

Bankruptcy is when someone has to liquidate the things they have in order to pay off their debts. There are many different reasons why bankruptcy happens. Here are some reasons. 

• Having more credit than income being made
• Divorce or other martial issues
• Large hospital bills
• Loss of employment

A person can file for bankruptcy by choosing to or by having a creditor filing a case asking for a court to order that the individual file for bankruptcy. Federal courts in the United States tend to manage bankruptcy cases. Individuals, couples, or businesses can file for bankruptcy. 

Chapter 13 Bankruptcy VS. Chapter 7 Bankruptcy

Both Chapter 7 and Chapter Here are some of the key similarities and differences between 

Chapter 7 and Chapter 13 Bankruptcy include:

• Both Chapter 7 and Chapter 13 can be filed by an individual or a couple.
• Both types of bankruptcies include eligibility based on income and other aspects
• Chapter 7 is usually filed by a business. Chapter 13 is filed by a sole proprietorship.
• Chapter 7 involves liquidating assets, whereas Chapter 13 involves setting up a payment plan. 
• Chapter 7 bankruptcy takes less time than a Chapter 13 bankruptcy.

What You Should Know About Chapter 7 Bankruptcy

Chapter 7 bankruptcy doesn’t have to be a scary and daunting thing. Rather, it can be something that helps you in your life. 

Here are some aspects of Chapter 7 bankruptcy that you should know:

Chapter 7 bankruptcy does not mean losing all of your assets

Oftentimes, those who are thinking of filing bankruptcy or who are in the process of filing it, assume that they will lose all their assets. The reality is that you may still be able to keep some of your belongings. For instance, some laws may apply to you that would allow you to maintain your home, car and other assets. It’s just about talking and consulting with a qualified and experienced attorney who knows your situation. His attorney would be able to help you understand what laws could help your case. 

Chapter 7 bankruptcy can open new doors for you

Rather than being stuck in a cycle of debt, a Chapter 7 bankruptcy can help get unstuck. That is, being indebt and feeling like you’re drowning in it is not the only solution that you have. As the motivational speaker and writer Dr. Eric Thomas says, “If you put yourself in a position where you have to stretch outside your comfort zone, then you are forced to expand your consciousness.” What this means is that, having to explore the options you have can help you understand that you have choices. You don’t need to be stuck in a cycle of debt once you realize that there are options. Some ways that Chapter 7 bankruptcy can open new doors is by helping you start over again. You won’t be carrying debt around with you and can start to focus on other areas of your life that you might have neglected.

LeBaron & Jensen P.C. Can Help You Make The Right Choice

If you’re unsure what type of options you have available, LeBaron & Jensen can help you figure out what options you have. We’ll go over the pros and cons of each type of bankruptcy and help you figure out what type is best for your situation. 

If you’re in the state of Utah, contact us at 801-773-9488. You can also contact us here. 

LeBaron & Jensen Holds Insurance Providers Accountable

Insurance claims are, more often than not, incredibly convoluted, making it nearly impossible to navigate the system alone. After an accident, victims and their families can often face serious financial difficulties on top of the struggle to recover and rebuild their lives. LeBaron & Jensen is here to help.

At LeBaron & Jensen, our attorneys and paralegal staff have decades of combined experience representing victims and negotiating with insurance providers on their behalf to get fair settlements. Our ability to secure fair compensation for our clients goes beyond our skill and dedication alone, as legal representation pays for itself when dealing with insurance providers. That is to say that industry studies have shown that claimants with legal representation get settlements 3.5 times those given to claimants without. In short, obtaining legal representation is the best way to prevent being victimized by insurance bad faith and ensure you get the compensation you deserve. We can review your case for FREE to establish representation and protect your interests or to determine if you have already been victimized by your insurance provider acting in bad faith in relation to your claim. We hold providers accountable for their promises to you, the insured.

What is Bad Faith?

Insurance providers work to protect their interests and, thereby, those of their shareholders. As a result, insurance providers will work to pay as little financial compensation as possible to their policyholders when a claim is filed. If your insurance provider acts in an unreasonable or belligerent manner, you may be entitled to additional punitive damages if your case progresses to the courts. This “bad faith” can include:

• Excessive delays in processing claims
• Poorly executed investigation
• Refusing to defend your lawsuit
• Threatening the insured person(s)
• Unreasonable settlement offers, or refusal to offer reasonable compensation
• Unreasonable execution or interpretation of policies.

What to Do If You Believe Your Insurance Provider Is Acting in Bad Faith

If you believe your insurance provider has acted in bad faith when reviewing and negotiating your claim, it’s important to obtain experienced legal representation as soon as possible. While insurance providers want to pay as little as possible, they also want to avoid costly litigation. Retaining a skilled personal injury attorney demonstrates that, if necessary, the claimant and their legal counsel are prepared to fight for fair compensation. This being said, 99% of personal injury claims are settled outside of court when an accident attorney is involved. So, remember, if your insurance provider appears to be acting in bad faith:

• Provide no detailed statements or admissions of fault for your accident
• Accept no unreasonable or unequitable settlement offers
• Contact an attorney to get the settlement you deserve

Why Do You Need an Attorney?

Successfully navigating a personal injury claim and obtaining an equitable settlement when recovering from injuries and rebuilding your life is nigh impossible. In addition, participating in any negotiations when an insurance provider is acting in bad faith further complicates an extremely complex process. At LeBaron & Jensen, we get it. We have represented victims and their families across the Wasatch Front for over 15 years and have seen the tricks and tactics insurance providers use to pay as little as possible. Let us take on the stress of negotiation so you can focus on navigating the road to recovery and not the personal injury insurance maze that prevents nearly 20% of accident victims from ever filing a claim.

Contact Us to Schedule a Case Evaluation Today

At LeBaron & Jensen, it is our commitment and passion to act on your behalf so you can focus on recovery. If you have any further questions, or would like to begin your FREE, no-obligation case evaluation, call our office at (801) 773-9488. Our attorneys are experienced navigating negotiations with your insurance provider and are dedicated to getting the maximum compensation you deserve.

The use of your vehicle is likely an incredibly important part of your life. It provides you with transportation to get to work and make a living. It is very likely that you rely heavily on your vehicle to complete your regular operations, whether you need it to run errands or get to work. It can be devastating and incredibly disruptive to your life when you suddenly lose your vehicle and have to scramble to find another way to get to work. Due to the importance of your vehicle in your life, it is important to understand how a bankruptcy will impact the possession of your vehicle. This will help you to make the best possible decision for your specific situation.

Whenever you have any questions regarding filing for bankruptcy, you should consult with a bankruptcy lawyer, like our professional team at LeBaron & Jensen. This will help to ensure that you have all of the information that you need when you consider the bankruptcy in Utah process. This consultation can also help you to understand what debts are dischargeable through bankruptcy, as well as who is eligible. This can also help you to understand the distribution of other assets. Bankruptcy in Utah can be an incredibly complex process, so it is important to ensure that you obtain the guidance of an experienced professional.   

Various Bankruptcy Types

Ultimately, the ability to keep your vehicle will depend primarily on the type of bankruptcy that you file for. In general, individuals usually only file for either a chapter 7 or chapter 13 bankruptcy. Each bankruptcy has an array of considerations and will impact your life in different ways. Understanding the ins and outs of each bankruptcy type can ensure that you make the ideal decision for your specific situation. If you are unsure which bankruptcy will be best for you, it is crucial to consult with an expert. It tends to be easier to keep your vehicle in a chapter 13 bankruptcy than a chapter 7 bankruptcy, though there are still a few ways in which you may be able to keep your vehicle after filing for a chapter 7 bankruptcy.

Chapter 7 Bankruptcy

During a chapter 7 bankruptcy, most debts are discharged in exchange for the individual giving up their nonexempt property. The nonexempt property is sold by the bankruptcy trustee, and the funds are used in order to repay the debts that the filing individual has. Any remaining debt is typically discharged after the property has been sold. Due to the way a chapter 7 bankruptcy works, it may be necessary for the individual to surrender their car. However, this depends on the specific vehicle exemption laws present in the state.

Car Exemption Amount

Every state allows an exemption amount for certain kinds of property. This allows an individual to keep this certain type of property up to a certain monetary limit. The total amount will vary between states. It may be as little as $500 for a vehicle exemption or several thousand dollars for the vehicle exemption. Whether your car will count as an exempt possession will depend on its value in relation to the vehicle exemption amount in your state. If your vehicle is worth far more than the exempt amount, it is likely that you will be required to surrender your vehicle. In this situation, the car will be sold, and you will receive the exempt portion of the profits. The rest of the money from the sale will be distributed in order to repay other debts.

Current on Car Payments

During a chapter 7 bankruptcy, you will have to be current on car payments in order to keep your car as an exempt property. If you are behind on your car payments, it is very likely that you will lose the car. There are a few ways that you may be able to prevent this from happening. You will need to take care of the arrearage and ensure that your car payment is completely up to date. After this point, there are two possible options that may allow you to keep your vehicle. You may be able to “redeem the property” which essentially means paying the full value of the property in order to keep it. This will involve repaying all of the debt related to the vehicle, which is often difficult, especially for someone currently going through a bankruptcy.

The other option for keeping a car that you still owe money on with a chapter 7 bankruptcy is by “reaffirming the debt.” During this process, you will be required to sign for a new repayment plan with the seller. This can help to provide a new arrangement that will work for both parties. This is largely based on what will be agreeable to the seller. In most situations, the seller will want the full amount of the loan, so they will likely work with you regarding the reaffirmation of the debt.

Chapter 13 Bankruptcy

It is easier to keep your vehicle during a chapter 13 bankruptcy. This is due to the way that chapter 13 bankruptcies work. These bankruptcies allow you to keep your property and pay back your debts. Your debts are paid either in full or through a designated repayment plan. You must stay current on your car payments in order to keep your car throughout this process. Chapter 13 bankruptcies tend to be the least disruptive to your life, because they consolidate debts and allow you to keep your property.

It is incredibly important to ensure that you understand the impact that a bankruptcy will have on your life. It will result in a substantial impact on your credit and ability to obtain loans for several years following the bankruptcy. Consulting with a bankruptcy lawyer can help to ensure that you remain protected throughout the bankruptcy process and can obtain the best possible outcome. To learn more about obtaining the appropriate legal guidance to help with your bankruptcy process, contact our experts at LeBaron & Jensen today!