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5 Common Reasons People Have to File for Bankruptcy

Jul 13, 2022

It is good practice to save before you spend your income. This way, you will have enough money saved for an emergency fund which should last six months or more. Good monetary habits will keep you from acquiring unnecessary debts. That said, there are a few reasons even after saving that there may be a need to file for bankruptcy.


1. Job Loss

Losing your only source of income can be quite nerve-wracking, and when no new job offers are on the horizon, your emergency fund will run low real quick. To avoid falling into debt that may become unmanageable, visit bankruptcy attorneys and seek advice on the best way forward.


2. Medical Bills

Even with medical insurance, chronic long-term diseases really weigh on finances. Trips to the ER, regularly stocking up on medicines, or even acquiring home-based care from a professional can be quite draining. It may reach a point where the medical bills are being settled on credit, which then gets out of hand. This would be an appropriate time to seek the help of bankruptcy attorneys to help you stay afloat and keep up with your recurring medical needs.


3. Divorce

Marriage is a beautiful thing. However, things happen and circumstances might change so being apart may be healthier than staying together. The legal fees, alimony, child support, and division of marital assets may leave one with next to nothing to live on. Bankruptcy attorneys can help in this situation and keep you sane in an otherwise very troubling time.


4. Emergency

Loss of property because of natural calamities such as earthquakes or tornadoes is quite devastating, and to make things worse, regular insurance does not cover the natural calamities, hence a total loss of all material possession. This means any new purchase you make will be purely out-of-pocket, which can get very overwhelming. Bankruptcy attorneys come in handy in trying to help get you back on your feet without sinking into debt.


5. Credit

Credit cards are essential, especially when used to purchase a service or good that is necessary for everyday living. However, unnecessary spending leads to more debt which at one point may become too much to handle and may lead to bankruptcy. To avoid foreclosures, it is important that one seeks the help of bankruptcy attorneys before it is too late.


According to Legal Jobs, most American bankruptcies affect people on low household incomes. 60% of people filing for bankruptcy earn less than $30,000 a year, and 9.2% earn $60,000 per year. However, out-of-control debt can ruin your life regardless of your income level. You can take steps now to protect your future before it's too late. If you're looking for reliable bankruptcy attorneys, contact Behrends, Carusone and Covington, Attorneys at Law PC today!

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Just paste this link into your browser window: https://www.oregon-attorneys.com/bankruptcy-attorney-q-a-how-soon-after-bankruptcy-can-i-buy-a-house The short answer is that a waiting period of one to three years after filing for bankruptcy is all that is required for Federal Housing Administration, Veterans Administration and US Department of Agriculture Rural Home Loans. But this is just as to the bankruptcy filing. Of course, you still need to take active steps after bankruptcy to rebuild your credit. Check out our blog posts on rebuilding your credit after bankruptcy https://www.oregon-attorneys.com/5-steps-to-rebuilding-your-credit https://www.oregon-attorneys.com/filing-bankruptcy-is-just-the-first-step-in-rebuilding-your-credit And, you have to have sufficient income, possibily a down payment and a good debt to income ratio to buy a house. A Chapter 7 or Chapter 13 bankruptcy will show on your credit report for 10 years and negatively affect your credit. However, loans targeted to special populations and backed by the federal government have rules that allow you to buy a home shortly after discharge. These rules are subject to change so we recommend that you consult a mortgage broker for the most up to date standards for qualifying. Here are the waiting periods for these loans so you can buy a house. ● If you otherwise qualify for an FHA loan, you must wait at least 2 years after a Chapter 7 discharge or 1 year after a Chapter 13 discharge. ● If you otherwise qualify for a VA loan, you must wait at least 2 years after a Chapter 7 discharge or 1 year after a Chapter 13 discharge. ● If you otherwise qualify for a USDA loan, you must wait at least 3 years after a Chapter 7 discharge or 1 year after a Chapter 13 discharge. In addition, if you are in a Chapter 13 plan and you need to refinance, then FHA and VA can also help you. FHA loans used to refinance a home while in a Chapter 13 bankruptcy require up to 2 years of on time payments to the Chapter 13 trustee. You must also meet the other loan standards such as sufficient income and appropriate loan to value ration. But the loan proceeds must allow you to conclude your Chapter 13 plan as of the closing of the loan. We sometimes call this buying out your plan. This can work well if you have the equity. It is also possible to use VA loans to refinance a home while in a Chapter 13 bankruptcy. You need up to 2 years of on time payments to the Chapter 13 trustee. You must also meet the other loan standards such as sufficient income and appropriate loan to value ration. But you do not need to buyout your plan. Here is a brief description of these home loans. ● FHA first time home buyer loans allow for a low down payment currently at 3.5% with a credit score at or above 580, or 10% if your credit score is between 500-580. The property needs to pass an inspection. And there is a cap on these loans that varies by county. For example, a home in Lane County can qualify up to $420,000 but in Multnomah County that amount is $598,000. ● FHA rehabilitation loans have similar standards. However, the loan can include cash out to bring the home up to the required inspection standards. The cash out is limited to $35,000 for qualifying improvements such as replacing roofing, enhancing accessibility for a disabled person or making energy conservation improvements. ● VA loans for new home purchase start with a Certificate of Eligibility (COE) to show your lender that you qualify based on your service history and duty status. This is obtained from the VA. The VA does not always require a down payment but one may be needed depending on the amount of the loan. The property needs to pass an inspection. But unlike the FHA, the VA does not set standards for the loans as to credit or income. Typical lenders do want minimum credit scores in the 600 range. ● USDA rural home loans do not require a down payment. But the home and its location are essential to obtaining this type of mortgage. For example, the house size is usually 2000 square feet or less. In fact, the home buyer must need the home to have decent, safe, and sanitary housing and be unable to obtain a loan from other resources on terms and conditions that can reasonably be expected to be met. Income qualifications are lenient as the loan can include a payment subsidy and are only available to low income borrowers. The USDA doesn't have a fixed credit score requirement, but most lenders require a score of at least 640, and 640 is the minimum credit score you'll need to qualify for automatic approval through the USDA's automated loan underwriting system. Conventional loans require a longer waiting period between bankruptcy discharge and requesting a home loan. These types of loans are not guaranteed by the federal government and can require significantly longer waiting periods. But your state or local government may have other programs that can also help. And a bank involved in the Community Reinvestment Act (CRA) will also have loans available for low to moderate income home buyers. Finally, if you were impacted by recent fires and lost your home in such a disaster, the Small Business Administration and FEMA may have loan options to rebuild. Filing bankruptcy is usually just the first step to rebuilding your credit and putting yourself back on track to possible home ownership in the future.
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