What will happen if you get a divorce during Bankruptcy?

October 07, 2011  //  Posted by: creditrisk  //  Category: Bankruptcy, Personal Finance

Bankruptcy refers to the declaration of an individual about his status wherein he is no longer in a position to pay back his outstanding dues towards his creditors. Such a status can affect not only one’s social status but also his credit report. Also, things can get worse if one is on a verge of breaking a relationship during such economic hassles. A scenario can complicate if a person undergoes a divorce while he is under strained economical conditions, or worse, filing for a bankruptcy. This can also affect his spouse if certain guidelines are not followed.

The court decides as to who remains responsible for the debt settlement after the divorce. Also, it does a thorough study to distribute the prevailing assets amongst the partners. In case a trustee is allotted to the case, he decides upon the division of the property. It is a good practice to clear the bankruptcy issues before concentrating on the personal issues.

Placing the Assets in Spouse’s Name to Avoid Bankruptcy

October 05, 2011  //  Posted by: creditrisk  //  Category: Bankruptcy

Once you are married, your economic, or strictly speaking, your investment perspective changes. A negative stroke to your investment portfolio can infect not only you but also your spouse. Hence, after your marriage, you need to be cautious with respect to every step made that will affect your economic status.

Bankruptcy refers to the condition wherein you are no longer in a state to pay back your financial debts. A crash in the market, negative impact on your business, etc. are some of the conditions which will lead you to file up a bankruptcy. In such cases, you cannot just simply transfer your assets over to your spouse. You need a firm reason for it. Also, in severe cases, a financial firm can claim your investment from your spouse after a specified look back period. The court will also take into consideration if you have been involved in any kind of financial frauds.

Can the Bill Collectors Claim Your Assets?

October 04, 2011  //  Posted by: creditrisk  //  Category: Bankruptcy, Personal Finance

If you have had an overdue payment or a skipped bill, you must have received those nagging calls from collection agencies. Though such calls stay at a minimal level when the due amount is low, the calls can get pretty nasty when you have a big bill pending. The big guys can sometimes threaten you of claiming your assets, your bank account or your personal belongings. Though they do not act in such a way generally, they do have the right to do it.

Before a company pulls you into the court, it needs to prove to the court that they have kept you well informed about the debt. The court may then give them the right to take over your asset put up against the loan (like your car). They can also take over your bank account if required. In worst cases, the sheriff can also claim your personal belongings.