Helen Keller once said that “Life is either a daring adventure or nothing at all.” Many people throughout history have followed that axiom, sometimes failing multiple times along the way. Nowhere is this more plain to see than in the records of noteworthy people who have filed for bankruptcy multiple times: Thomas Jefferson, Abraham Lincoln, and even financial wizard Donald Trump, all took advantage of bankruptcy laws more than once in their lives.
For the individual, generally speaking, there are two different types of bankruptcy: Chapter 13 and Chapter 7. Each type of bankruptcy has its own advantages and disadvantages. One of the advantages of Chapter 7 over Chapter 13 is that the debtor will not be required to enter into a lengthy payment plan in which payments would be made to the court over the course of three to five years, and the debt is discharged relatively quickly. Chapter 7 could be, however, a disadvantage to those debtors who own large amounts of property.
The main driver behind people's consideration of personal bankruptcy as an option for debt relief is that their financial situation has reached a point where there is not enough money to cover all of their obligations. So it may seem logical from a cost perspective to try to save money by going through the petition process on your own, without the help of an attorney.
We've all heard comments that bankruptcy is bad and that it can ruin your life. This is merely a false negative stigma that has come about through the years. The truth is everyone deals with financial issues at some point in their lives and not everyone is fortunate enough to get out of it quickly and without some help.
Chapter 7 bankruptcy is colloquially known as "fresh start" bankruptcy. Unlike its Chapter 13 counterpart -- under which the debtor obligates himself or herself to repay at least part of his or her debts under a payment plan -- Chapter 7 generally completely eliminates or "discharges" eligible debts. In this way, the debtor is able to start over again with a mostly clean financial slate.
For most people, contemplating bankruptcy is something that they never thought they would ever end up doing. But an axiom of life is that it is not always fair, and sometimes bad things can happen to good people. A sudden job loss, or a catastrophic illness or injury and consequent hospital bills, do not always telegraph their approach.
There were a series of television commercials a few years ago that centered on the theme, “Life comes at you fast.” And when it comes to personal finances, this can certainly be true. An unexpected serious injury or illness, or a divorce, or the unexpected loss of employment can quickly capsize one’s ability to stay within a budget or even to pay for fundamental things like one’s car or even one’s home.
Many Ohio real estate specialists will tell you that having a foreclosure in your neighborhood can drive down the selling price of the rest of the homes on your block. But the effect may be more than financial.
A nonprofit’s annual study of foreclosures in Cincinnati and Hamilton County found reason for homeowners to feel hopeful, as well as continuing cause for concern. The number of foreclosure sales in 2013 was down 17.5 percent. Twenty-four percent fewer foreclosure proceedings were initiated during the year.
Paul J. Minnillo, an attorney at our firm Minnillo & Jenkins, recently spoke to a reporter at the Dayton Daily News about the ways in which the Affordable Care Act (ACA) may or may not help Americans avoid significant financial hardships.