The tricks of the trade are limited only by the imagination of the lender – certainly not by federal regulations. And they’re all conceived with one end in mind -- big profits, not helping you. Fairness to the borrower just isn’t part of the equation.
1. YOUR CREDIT’S BAD.
So you have to take this lousy deal.
A blemished credit record is no reason to accept credit at 25%, 50%, or even several hundred percent annual interest. Or “low-interest” credit scams that tack on big fees for pre-payment, late payment, documents or credit reports. Even folks with tarnished credit can get loans and credit cards that don’t charge an arm and a leg to borrow. Shop around!
2. YOUR CREDIT’S GOOD.
So we’re offering you all these ‘pre-approved’ credit cards.
Sometimes the same debt pushers who tell you one day that your credit’s no good will stuff your mailbox the next day with “pre-approved” credit cards, home equity loans and other high-cost money. Debt pushers throw loans and credit cards at unemployed college students, people fresh out of bankruptcy and others who can’t afford them. So don’t be flattered when someone offers you credit. Credit is the business of making money off your debt – off you. Make sure it’s both necessary and fair before accepting any loan.
3. LOW MONTHLY PAYMENTS!
Forever.
Paying $100 a month for 24 months costs a lot more than paying $150 a month for 12 months. And minimum monthly payments on credit card bills and such can have you paying interest on a take-out pizza for decades! So don’t base your borrowing decisions on low-monthly-payments alone. Low monthly payments are great – for the debt pushers. They’re practically pure interest and they can stretch your payments out endlessly.
4. ACTUAL COSTS MAY VARY.
By hundreds or thousands of dollars.
If it looks too good to be true, it probably is. 0% interest to start. Bounced check “protection.” Buy now – pay later! Low initial costs and extra “protection” are often just smoke screens. The question to ask is: “What will this cost me overall?” Because fees and penalties are among the sneakiest credit-pusher games. Some “low interest” credit cards permanently rocket up to 30 or 40 percent after a single late payment. Or if you spend just $1 over your credit limit. Or if you missed or paid late on another bill from another lender! Credit-pusher traps are horrific and, worse, they’re often perfectly legal.
5. THESE ARE THE RULES.
For now. We can change them whenever we want.
Standard contract law just doesn’t apply. Loans and credit cards can simply send you a notice with the monthly statement that they’re changing the rate, the due date, the fees and penalties, or the amount of time you have to pay off the loan. Simple as that. Missing this small single notice locks borrowers into terms they never agreed to.
6. WE NEED THESE PAPERS BACK TODAY.
Sorry. No time to take them to your lawyer.
A rush job is a sure sign of trouble. If you can’t take a loan contract home or to an attorney, walk away. There’s something there they don’t want you to see.
7. YOU’RE ONE OF US.
We’re just like you. Trust us.
Seniors to seniors. Military to military. African-American to African-American. Christian to Christian. Credit pushers are as conniving in their recruitment as they are in their sales. It’s called affinity marketing. But just because the salesperson looks like you doesn’t mean they have your interests in mind. Affinity marketers are another way to distract borrowers from the price and terms of a bad deal.
8. THE FINE PRINT SAYS IT ALL.
We win. You lose.
The fine print in almost every consumer agreement – from phone and internet to college loans and employment contracts -- says that if you get into a dispute with the vendor or lender you have to settle it their way, through binding mandatory arbitration (BMA). But the BMA game is rigged. The other side often picks who does the arbitrating – and it may cost you lots of money to even get the case heard. There are so many arbitration clauses out there that it’s hard to avoid them. But if you see one you should take your business elsewhere.
9. GET YOUR CASH NOW!
And don’t pay attention to what it costs.
Fast-cash places like “payday lenders” and automobile “title pawn” shops give fast loans – so fast that the borrower never sees what are often the worst deals that even credit pushers have to offer. Even a hundred-dollar loan from these vultures can put a person on a treadmill that can ruin a family’s finances for years. And watch out at income tax time for “Rapid Refunds” or “Refund Anticipation Loans”– that’s just borrowing your own tax-refund money at ridiculously high rates!
10. LIVE LIFE THE WAY YOU WANT.
And spend years paying for it.
Take that vacation! Buy those fancy wheels! If someone’s willing to lend you the money then surely you can afford it, yes? Well, maybe not… Don’t let those who will profit from your payments talk you into deals by making it look like you’ve got the power.
http://www.newjerseybankruptcy.com/bankruptcy-articles/top-ten.htm
Tuesday, October 30, 2007
What you need to know about medical debt and your health insurance
MEDICAL DEBTS - MY INSURANCE WAS SUPPOSED TO PAY THAT
A large portion of my debt collection practice is made up of the collection of past due medical bills. Unfortunately, the vast majority of the people I end up suing for past due medical bills are not the large numbers of uninsured about which congress is constantly concerned. They are people who actually have health care insurance, but their insurance has denied the claim or failed to pay. Despite any number of modern myths, this is the bottom line everywhere in the United States when you go to the doctor's office, you will be asked to sign a Patient Financial Responsibility document, which in layman's terms says you are responsible for your own bill whether you have insurance or not.
When you go to the doctor, the doctor provides you services and you areresponsible for paying for those services. You may have a contract of insurance, but that is a contract between you, as the insured, and the insurance company. It is not a contractual relationship between the doctor and the insurance company. The doctor's office files your insurance claim as a courtesy to you. Even your policy of medical insurance will state that you, and not your doctor's office, are responsible for filing the claim. So the first great truth that every patient must understand in today's modern world is that they are first and foremost responsible for payment of the doctor and hospital bills, even if they have insurance.
The second myth widely held by the public today is that unless you receive a bill from a doctor's office, you don't owe them anything. I cannot tell you the number of times I hear during the day "well, they never sent me a bill." A bill or a dunning letter is not a pre-requisite to establishing or enforcing a contractual debt. The instant the service is performed, the debt is incurred and is owed. The mere fact that you don't have to pay the full bill when you leave the doctor's office or are discharged from hospital is a courtesy to you. That is not a courtesy that you can take advantage of by not paying. This leads me to the second great truth of the modern world of medical bills and insurance. It is entirely the patient's responsibility to keep track of whether or not their insurance company has paid a claim or not. This is a difficult truth for many busy self-absorbed, distracted Americans to take to heart. What it essentially boils down to is that if you go to the doctor and you do not receive an EOB (Explanation of Benefits) from your insurance company showing where they have paid that doctor, you need to pick up the telephone and call your insurance company and find out why they have not. Likewise, if you receive an EOB showing that your insurance company has denied a claim, you need to file a dispute in writing with your insurance company and do everything necessary to appeal that decision and have the claim paid. If you do not, more than likely, you will not receive a bill from the physician's office, but rather you will receive a collection letter from a collection agency stating that your bad debt has been turned over for collection. The doctor's office will not fight with your insurance company to make them pay your bill for you.
The third hard truth of the modern world of medical billing and medical insurance is that if you drop the ball, you have to pay. The reason for this is what is known in legal and insurance circles as "timely filing." All insurance companies have in their policies a requirement that a claim be timely filed, and that phrase is defined in each individual policy as a specific period of time. The standard is ninety (90) days; however, there may be variations. What this means is that if you have services at a physician's office or hospital, and no claim is filed within that 90 days, the insurance company is relieved of their contractual obligation to pay your medical bill. This is a horrible trap for the unaware consumer. If you go to the doctor and the doctor's office fails to file your insurance claim through their own negligence or oversight and 90 days passes, and you receive a letter from a collection agency saying you owe a doctor's bill, then you owe a doctor's bill. I reference you to cold hard truth number 2; it is your responsibility to make sure your insurance company pays your medical bills. If you go to the doctor and you don't receive an EOB within 90 days, you must contact the doctor's office and find out if they have filed the claim and your insurance company and find out why they have not processed the claim. If you fail to do so, then you will be contractually responsible for full payment of that bill, even if you had valid insurance at the time of the treatment.
Now, I know as you read this you are saying to yourself, "that's not fair." Well, I hope by now you have learned as an adult that life simply is not fair and if you intend to stand before a judge in opposition to a suit I filed and plead the "it ain't fair" defense, then be prepared for the Judge to agree with you and summarily rule against you.
The fourth truth of the modern world of medical insurance and medical bills is that your wife's bills are your bills; your children's bills are your bills, regardless of whether you knew about them or authorized them. In most states, a spouse in a marriage is responsible for his or her spouse's medical bills. This normally comes up where the service or treatment was provided before a divorce and the now ex-spouse is being sued for his hated former companion's medical bills. Regardless of divorce, in most states, a mother or father is responsible for the medical bills and debts of their minor children, regardless of the circumstances. This most frequently arises where the ex-wife takes the child to the doctor without telling her ex-husband and runs up a large medical bill and does not pay. Then the ex-husband, who never knew anything about the bill, that has the better job, is sued. I realize this once again falls under the heading of life is not fair. However, it is perfectly legal and if you have a good divorce lawyer when you are divorced, your Marital Dissolution Agreement should allow you to recover those funds or at least one half of those funds from your ex-spouse. Your Marital Dissolution Agreement should also have a provision that requires both parties to notify the other party of any medical treatment and to provide medical bills and records within a certain period of time. Failure to do so may get a former spouse cited for contempt in Divorce Court. All of that, though, has no effect on the collection of the medical bill.
Now having painted a very dismal picture for the common patient, I will provide the one sword the patient can pick up and fight with. In today's modern medical insurance world, the vast majority of insurance policies are in fact not insurance policies, but Preferred Providers Organizations or Health Maintenance Organizations or some other alphabetic variation of a PPO or HMO. In order to be a member of the "network," the healthcare provider (i.e., your doctor) must sign a contract with the insurance company agreeing to provide his or her services at a certain rate for network members. This usually represents a discount from what the man on the street would receive. More importantly, these agreements often contain contractual requirements that the medical services provider submit the claim to the PPO and not take action against the member (i.e. you). If a doctor's office drops the ball and does not file a claim and then files suit against you, that PPO or HMO agreement may be used in your defense.
In conclusion, when and if a medical debt collection attorney sues you, do not expect to pick up the telephone and call his office and tell him "but I had insurance" and have everything be made alright.
http://www.newjerseybankruptcy.com/bankruptcy-articles/medical-debt.htm
A large portion of my debt collection practice is made up of the collection of past due medical bills. Unfortunately, the vast majority of the people I end up suing for past due medical bills are not the large numbers of uninsured about which congress is constantly concerned. They are people who actually have health care insurance, but their insurance has denied the claim or failed to pay. Despite any number of modern myths, this is the bottom line everywhere in the United States when you go to the doctor's office, you will be asked to sign a Patient Financial Responsibility document, which in layman's terms says you are responsible for your own bill whether you have insurance or not.
When you go to the doctor, the doctor provides you services and you areresponsible for paying for those services. You may have a contract of insurance, but that is a contract between you, as the insured, and the insurance company. It is not a contractual relationship between the doctor and the insurance company. The doctor's office files your insurance claim as a courtesy to you. Even your policy of medical insurance will state that you, and not your doctor's office, are responsible for filing the claim. So the first great truth that every patient must understand in today's modern world is that they are first and foremost responsible for payment of the doctor and hospital bills, even if they have insurance.
The second myth widely held by the public today is that unless you receive a bill from a doctor's office, you don't owe them anything. I cannot tell you the number of times I hear during the day "well, they never sent me a bill." A bill or a dunning letter is not a pre-requisite to establishing or enforcing a contractual debt. The instant the service is performed, the debt is incurred and is owed. The mere fact that you don't have to pay the full bill when you leave the doctor's office or are discharged from hospital is a courtesy to you. That is not a courtesy that you can take advantage of by not paying. This leads me to the second great truth of the modern world of medical bills and insurance. It is entirely the patient's responsibility to keep track of whether or not their insurance company has paid a claim or not. This is a difficult truth for many busy self-absorbed, distracted Americans to take to heart. What it essentially boils down to is that if you go to the doctor and you do not receive an EOB (Explanation of Benefits) from your insurance company showing where they have paid that doctor, you need to pick up the telephone and call your insurance company and find out why they have not. Likewise, if you receive an EOB showing that your insurance company has denied a claim, you need to file a dispute in writing with your insurance company and do everything necessary to appeal that decision and have the claim paid. If you do not, more than likely, you will not receive a bill from the physician's office, but rather you will receive a collection letter from a collection agency stating that your bad debt has been turned over for collection. The doctor's office will not fight with your insurance company to make them pay your bill for you.
The third hard truth of the modern world of medical billing and medical insurance is that if you drop the ball, you have to pay. The reason for this is what is known in legal and insurance circles as "timely filing." All insurance companies have in their policies a requirement that a claim be timely filed, and that phrase is defined in each individual policy as a specific period of time. The standard is ninety (90) days; however, there may be variations. What this means is that if you have services at a physician's office or hospital, and no claim is filed within that 90 days, the insurance company is relieved of their contractual obligation to pay your medical bill. This is a horrible trap for the unaware consumer. If you go to the doctor and the doctor's office fails to file your insurance claim through their own negligence or oversight and 90 days passes, and you receive a letter from a collection agency saying you owe a doctor's bill, then you owe a doctor's bill. I reference you to cold hard truth number 2; it is your responsibility to make sure your insurance company pays your medical bills. If you go to the doctor and you don't receive an EOB within 90 days, you must contact the doctor's office and find out if they have filed the claim and your insurance company and find out why they have not processed the claim. If you fail to do so, then you will be contractually responsible for full payment of that bill, even if you had valid insurance at the time of the treatment.
Now, I know as you read this you are saying to yourself, "that's not fair." Well, I hope by now you have learned as an adult that life simply is not fair and if you intend to stand before a judge in opposition to a suit I filed and plead the "it ain't fair" defense, then be prepared for the Judge to agree with you and summarily rule against you.
The fourth truth of the modern world of medical insurance and medical bills is that your wife's bills are your bills; your children's bills are your bills, regardless of whether you knew about them or authorized them. In most states, a spouse in a marriage is responsible for his or her spouse's medical bills. This normally comes up where the service or treatment was provided before a divorce and the now ex-spouse is being sued for his hated former companion's medical bills. Regardless of divorce, in most states, a mother or father is responsible for the medical bills and debts of their minor children, regardless of the circumstances. This most frequently arises where the ex-wife takes the child to the doctor without telling her ex-husband and runs up a large medical bill and does not pay. Then the ex-husband, who never knew anything about the bill, that has the better job, is sued. I realize this once again falls under the heading of life is not fair. However, it is perfectly legal and if you have a good divorce lawyer when you are divorced, your Marital Dissolution Agreement should allow you to recover those funds or at least one half of those funds from your ex-spouse. Your Marital Dissolution Agreement should also have a provision that requires both parties to notify the other party of any medical treatment and to provide medical bills and records within a certain period of time. Failure to do so may get a former spouse cited for contempt in Divorce Court. All of that, though, has no effect on the collection of the medical bill.
Now having painted a very dismal picture for the common patient, I will provide the one sword the patient can pick up and fight with. In today's modern medical insurance world, the vast majority of insurance policies are in fact not insurance policies, but Preferred Providers Organizations or Health Maintenance Organizations or some other alphabetic variation of a PPO or HMO. In order to be a member of the "network," the healthcare provider (i.e., your doctor) must sign a contract with the insurance company agreeing to provide his or her services at a certain rate for network members. This usually represents a discount from what the man on the street would receive. More importantly, these agreements often contain contractual requirements that the medical services provider submit the claim to the PPO and not take action against the member (i.e. you). If a doctor's office drops the ball and does not file a claim and then files suit against you, that PPO or HMO agreement may be used in your defense.
In conclusion, when and if a medical debt collection attorney sues you, do not expect to pick up the telephone and call his office and tell him "but I had insurance" and have everything be made alright.
http://www.newjerseybankruptcy.com/bankruptcy-articles/medical-debt.htm
Monday, October 29, 2007
Bankruptcy and Debt Consolidation
Filing for bankruptcy in the United States is not as easy as it once was for the individual. People file for bankruptcy for many reasons, but the main reason is that a member of the family has become chronically ill, and the family has gone into great debt due to medical expenses, and can no longer keep up with the balance due.
Although there are six types of bankruptcy, most families file for one of two types: Chapter 7 or Chapter 13. Chapter 7 bankruptcy covers individuals or businesses, and the debtor sells off his or her non-exempt property, the proceeds of which go to pay off the creditors. Often these debt leads have no non-exempt property, so due to this circumstance they are not required to sell off anything. In return, the debtor's debt is canceled, except for certain kinds, such as some taxes and support for a spouse. Chapter 13 bankruptcy helps the individual debtor who still has some type of income. It garnishes the future wages of the individual debtor for three to five years, in return for which the debtor gets to keep all of his or her property. In 2005, consumer lenders convinced Congress and the President to turn into law the Bankruptcy Abuse Prevention and Consumer Protection Act. Debtors must now pass a Means Test to qualify for bankruptcy under Chapter 7, and must take credit counseling, no matter what the cause for the bankruptcy.
All things considered, it might be a better option for many to look into debt consolidation over bankruptcy. Many people are seeking this type of help, and if you are a mortgage broker, then you have the products that they are looking for to help them avoid bankruptcy and begin to dig out from under their debt. These people are eager to learn about your loan products; all you need to do is find out who they are. One easy way to achieve this goal is to get qualified mortgage consolidation leads.
As you compare lead origination companies, you will discover the keys to recognizing quality loan debt consolidation leads. You will want leads that are not enticed to give their contact information because they will receive a prize for doing so. Instead, you want mortgage leads that want you to contact them with vital information to help them solve their debt nightmare. Another factor to consider is that reputable lead generation companies will also guarantee the accuracy of the contact information of the leads, and that the leads should have a high amount of unsecured debt they wish to extinguish. That, along with exclusive rights to each lead, will ensure a high closing rate for you, and bankruptcy relief for your new clients.
Wayne Hemrick is a business professional who specializes in real estate markets. Mr Hemrick has worked extensively with debt leads. Further, he publishes articles on a wide variety of subjects, including how-to articles for mortgage lending professionals, in this case how a professional might boost business with Debt leads.
Article Source: http://EzineArticles.com/?expert=Wayne_Hemrick
Although there are six types of bankruptcy, most families file for one of two types: Chapter 7 or Chapter 13. Chapter 7 bankruptcy covers individuals or businesses, and the debtor sells off his or her non-exempt property, the proceeds of which go to pay off the creditors. Often these debt leads have no non-exempt property, so due to this circumstance they are not required to sell off anything. In return, the debtor's debt is canceled, except for certain kinds, such as some taxes and support for a spouse. Chapter 13 bankruptcy helps the individual debtor who still has some type of income. It garnishes the future wages of the individual debtor for three to five years, in return for which the debtor gets to keep all of his or her property. In 2005, consumer lenders convinced Congress and the President to turn into law the Bankruptcy Abuse Prevention and Consumer Protection Act. Debtors must now pass a Means Test to qualify for bankruptcy under Chapter 7, and must take credit counseling, no matter what the cause for the bankruptcy.
All things considered, it might be a better option for many to look into debt consolidation over bankruptcy. Many people are seeking this type of help, and if you are a mortgage broker, then you have the products that they are looking for to help them avoid bankruptcy and begin to dig out from under their debt. These people are eager to learn about your loan products; all you need to do is find out who they are. One easy way to achieve this goal is to get qualified mortgage consolidation leads.
As you compare lead origination companies, you will discover the keys to recognizing quality loan debt consolidation leads. You will want leads that are not enticed to give their contact information because they will receive a prize for doing so. Instead, you want mortgage leads that want you to contact them with vital information to help them solve their debt nightmare. Another factor to consider is that reputable lead generation companies will also guarantee the accuracy of the contact information of the leads, and that the leads should have a high amount of unsecured debt they wish to extinguish. That, along with exclusive rights to each lead, will ensure a high closing rate for you, and bankruptcy relief for your new clients.
Wayne Hemrick is a business professional who specializes in real estate markets. Mr Hemrick has worked extensively with debt leads. Further, he publishes articles on a wide variety of subjects, including how-to articles for mortgage lending professionals, in this case how a professional might boost business with Debt leads.
Article Source: http://EzineArticles.com/?expert=Wayne_Hemrick
Ways To Quickly Recover From Bankruptcy
Filing for bankruptcy is usually the last resort for those who are struggling to cope with their ever increasing debt. It is a move considered to be one of the worst that you could possibly make and it is one which most people avoid if they can.
The Main reason for this is because bankruptcy usually stays on your file for up to ten years. This means that it is harder to gain credit in the future and opening bank accounts and getting a mortgage can seem to be almost impossible during that time. However, there are ways in which you can successfully recover from bankruptcy. You can even do it in half the time.
If you are looking to recover from bankruptcy, there are a number of things you can do to speed up the process.
The first is to not fall for any scams or loans. There are so many lenders out there who focus specifically on people who have just been made bankrupt. They see them as easy targets because if you are just getting through bankruptcy then you automatically assume that you will not be able to get any credit.
So if a company tells you that you can have credit, it is likely that you will get excited by the idea. Beware however as these companies are usually giving you the loan for a ridiculous interest rate. This means that you are likely to get into trouble again and you will be back where you started.
There are even companies out there who will offer to help you to get over bankruptcy. However, once again, you need to be careful. Most companies who offer this service are individuals looking to make money for crime purposes. So they will take your personal details, steal money from you and you will be left with the mess that is left. You really do have to be careful of who you trust; otherwise you could end up in a worse position than where you are now.
The only way you can really recover from bankruptcy as quickly as possible is to live a simple life. Do not spend what you cannot afford. Do not borrow any more credit, even if it is offered to you at what seems to be a fantastic rate. Be aware of what you are doing and start saving some of the money that you earn. Open a savings account and put money into it regularly. Show creditors that you are responsible now and that way if you ever do need help in the future, you may just get it.
Overall, there are ways in which you can speed up the bankruptcy recovery process, but you just have to be careful of whom you trust.
Paul Sarwana offers information about how to recover from bankruptcy to help debtors build confidence in improving their financial situation. He runs an informational website that provides tips on finding a good bankruptcy lawyer. Please visit http://www.debtfirms.com/ to get more quality recover from bankruptcy information.
Article Source: http://EzineArticles.com/?expert=Paul_Sarwana
The Main reason for this is because bankruptcy usually stays on your file for up to ten years. This means that it is harder to gain credit in the future and opening bank accounts and getting a mortgage can seem to be almost impossible during that time. However, there are ways in which you can successfully recover from bankruptcy. You can even do it in half the time.
If you are looking to recover from bankruptcy, there are a number of things you can do to speed up the process.
The first is to not fall for any scams or loans. There are so many lenders out there who focus specifically on people who have just been made bankrupt. They see them as easy targets because if you are just getting through bankruptcy then you automatically assume that you will not be able to get any credit.
So if a company tells you that you can have credit, it is likely that you will get excited by the idea. Beware however as these companies are usually giving you the loan for a ridiculous interest rate. This means that you are likely to get into trouble again and you will be back where you started.
There are even companies out there who will offer to help you to get over bankruptcy. However, once again, you need to be careful. Most companies who offer this service are individuals looking to make money for crime purposes. So they will take your personal details, steal money from you and you will be left with the mess that is left. You really do have to be careful of who you trust; otherwise you could end up in a worse position than where you are now.
The only way you can really recover from bankruptcy as quickly as possible is to live a simple life. Do not spend what you cannot afford. Do not borrow any more credit, even if it is offered to you at what seems to be a fantastic rate. Be aware of what you are doing and start saving some of the money that you earn. Open a savings account and put money into it regularly. Show creditors that you are responsible now and that way if you ever do need help in the future, you may just get it.
Overall, there are ways in which you can speed up the bankruptcy recovery process, but you just have to be careful of whom you trust.
Paul Sarwana offers information about how to recover from bankruptcy to help debtors build confidence in improving their financial situation. He runs an informational website that provides tips on finding a good bankruptcy lawyer. Please visit http://www.debtfirms.com/ to get more quality recover from bankruptcy information.
Article Source: http://EzineArticles.com/?expert=Paul_Sarwana
Searching for a Waterbury Bankruptcy Attorney?
If you live in Waterbury, CT, and are considering filing for bankruptcy, then you should seek the services of a specialized attorney. A lawyer can be the best ally you have when you are faced with the tough decisions that lie ahead. They will be familiar with the rules and regulations for your state.
A Waterbury bankruptcy attorney is essential to counsel and advise you on the steps you need to take to gain financial recovery. They are a wise judge as to which type of bankruptcy you may need to file in the state of Connecticut. They will know if it is best to file with a chapter 13 or a chapter 11 or even a chapter 7. They will guide you through the murky waters of Connecticut bankruptcy law and they understand and can help you to put an end to your financial stress. They will help you to face the storm of financial disaster you are experiencing and find peace again.
A Waterbury bankruptcy attorney understands that that sometimes during times of economic instability, many businesses and hardworking individuals will experience times of financial difficulty. An attorney can walk you through the process of getting your life back and make those times less painful for you. It is necessary to use the services of a professional in order to understand the new laws. They have spent the countless hours necessary to learn these laws and you will be safe. They can advise you of your legal rights and financial options as they are stated.
A Waterbury bankruptcy attorney will know how to compile and itemize the information that you will give to them. They will know the absolute best way to present your case to the bankruptcy judge. A specialized lawyer is essential in the state of Connecticut in helping you to understand all of the legal jargon and they will help you to start over with the least amount of pain possible.
It is important that you choose a Waterbury attorney with experience in bankruptcy law. You will want a professional that can instruct you and guide you in the most advantageous manner available to you. They will know that no matter how much financial trouble you may be in at the time, there are various legal avenues to help you achieve a healthier financial future. Choosing the proper bankruptcy attorney to represent you in your time of financial hardship is truly in your best interest. They will help place you back onto the road of success, enabling you to get your life back and find harmony. There are paths to choose that do not involve a professional, but why take a chance with your future?
All things Bankruptcy including Bankrutpcy Marketing and Personal Bankrutpcy Issues
Article Source: http://EzineArticles.com/?expert=Tom_Houser
A Waterbury bankruptcy attorney is essential to counsel and advise you on the steps you need to take to gain financial recovery. They are a wise judge as to which type of bankruptcy you may need to file in the state of Connecticut. They will know if it is best to file with a chapter 13 or a chapter 11 or even a chapter 7. They will guide you through the murky waters of Connecticut bankruptcy law and they understand and can help you to put an end to your financial stress. They will help you to face the storm of financial disaster you are experiencing and find peace again.
A Waterbury bankruptcy attorney understands that that sometimes during times of economic instability, many businesses and hardworking individuals will experience times of financial difficulty. An attorney can walk you through the process of getting your life back and make those times less painful for you. It is necessary to use the services of a professional in order to understand the new laws. They have spent the countless hours necessary to learn these laws and you will be safe. They can advise you of your legal rights and financial options as they are stated.
A Waterbury bankruptcy attorney will know how to compile and itemize the information that you will give to them. They will know the absolute best way to present your case to the bankruptcy judge. A specialized lawyer is essential in the state of Connecticut in helping you to understand all of the legal jargon and they will help you to start over with the least amount of pain possible.
It is important that you choose a Waterbury attorney with experience in bankruptcy law. You will want a professional that can instruct you and guide you in the most advantageous manner available to you. They will know that no matter how much financial trouble you may be in at the time, there are various legal avenues to help you achieve a healthier financial future. Choosing the proper bankruptcy attorney to represent you in your time of financial hardship is truly in your best interest. They will help place you back onto the road of success, enabling you to get your life back and find harmony. There are paths to choose that do not involve a professional, but why take a chance with your future?
All things Bankruptcy including Bankrutpcy Marketing and Personal Bankrutpcy Issues
Article Source: http://EzineArticles.com/?expert=Tom_Houser
Saturday, October 27, 2007
The New Bankruptcy Law: Information You Need To Know Before You File
The new bankruptcy law is in effect, and the climate has drastically changed for people who are considering bankruptcy. In this article we will touch on some of the details of the new law, and explain exactly how these new changes will affect you.
First, let's touch on the new counseling requirements. According to the new law, you must complete credit counseling with an agency approved by the United States Trustee's office before you can file for bankruptcy under either Chapter 13 or Chapter 7. Because this counseling is to decide whether you need to file for bankruptcy, or if an informal payment plan would be a better alternative for your situation. The counseling is mandatory for everyone, even for people who know for certain that a repayment plan is not what they want.
However, you are required only to join in the counseling; you do not have to go with any repayment plans the agency recommends.
But if you are given a plan, you will have to present the plan to the court with a certificate showing that you attended the counseling before you can file for bankruptcy. Once your bankruptcy case is over, you will have to attend another counseling session focused on learning personal financial management skills to complete your bankruptcy and erase your debts.
Another major change that comes with the new law effects many people who want to file chapter 7 bankruptcy. Under the old law, most people filing could choose between Chapter 7 and Chapter 13, and most people chose Chapter 7. Because of the new law, many filers with higher incomes will be prohibited from using Chapter 7.
The first step in determining whether or not you can file for Chapter 7 is to compare your current monthly income to the median income for a family of your size in the state you live in. In the context of the new law, your current monthly income is not your income at the time you file, but your average income over the last six months before you file.
Once you have determined your income, measure it against the median income in your state. If your income is equal to or less than the median, you can file for Chapter 7. If it is more than the median, you must pass a requirement of the new law called the means test. The means test requires you to determine your amount of "disposable income" by subtracting different variables from your current monthly income.
If your current monthly income after subtracting these amounts is under $100, you pass the means test, and will be able to file for Chapter 7. If you income is more than $166.66, you will be prohibited from using Chapter 7. Those in the middle of these incomes will be able to file for chapter 7, but will be required to still pay a percentage of their debt.
Yet another important change caused by the new law is that lawyers may be harder to find, and possibly more expensive. The new law has added many complex requirements to the process of filing for bankruptcy that will make it more time consuming for lawyers to represent their clients in bankruptcy cases. The end result being that attorney fees for representation will increase. Also, the amount of time that lawyers must put into the new regulations has increased and it is likely that it may be harder to find a lawyer that solely specialized in bankruptcy in the future. Many experts are predicting that the stress of these new requirements may drive some bankruptcy lawyers out of the field completely.
Now that you know many of the changes the new bankruptcy laws hold for your situation, be aware and file with care.
http://www.articlebliss.com/Article/The-New-Bankruptcy-Law--Information-You-Need-To-Know-Before-You-File/43917
First, let's touch on the new counseling requirements. According to the new law, you must complete credit counseling with an agency approved by the United States Trustee's office before you can file for bankruptcy under either Chapter 13 or Chapter 7. Because this counseling is to decide whether you need to file for bankruptcy, or if an informal payment plan would be a better alternative for your situation. The counseling is mandatory for everyone, even for people who know for certain that a repayment plan is not what they want.
However, you are required only to join in the counseling; you do not have to go with any repayment plans the agency recommends.
But if you are given a plan, you will have to present the plan to the court with a certificate showing that you attended the counseling before you can file for bankruptcy. Once your bankruptcy case is over, you will have to attend another counseling session focused on learning personal financial management skills to complete your bankruptcy and erase your debts.
Another major change that comes with the new law effects many people who want to file chapter 7 bankruptcy. Under the old law, most people filing could choose between Chapter 7 and Chapter 13, and most people chose Chapter 7. Because of the new law, many filers with higher incomes will be prohibited from using Chapter 7.
The first step in determining whether or not you can file for Chapter 7 is to compare your current monthly income to the median income for a family of your size in the state you live in. In the context of the new law, your current monthly income is not your income at the time you file, but your average income over the last six months before you file.
Once you have determined your income, measure it against the median income in your state. If your income is equal to or less than the median, you can file for Chapter 7. If it is more than the median, you must pass a requirement of the new law called the means test. The means test requires you to determine your amount of "disposable income" by subtracting different variables from your current monthly income.
If your current monthly income after subtracting these amounts is under $100, you pass the means test, and will be able to file for Chapter 7. If you income is more than $166.66, you will be prohibited from using Chapter 7. Those in the middle of these incomes will be able to file for chapter 7, but will be required to still pay a percentage of their debt.
Yet another important change caused by the new law is that lawyers may be harder to find, and possibly more expensive. The new law has added many complex requirements to the process of filing for bankruptcy that will make it more time consuming for lawyers to represent their clients in bankruptcy cases. The end result being that attorney fees for representation will increase. Also, the amount of time that lawyers must put into the new regulations has increased and it is likely that it may be harder to find a lawyer that solely specialized in bankruptcy in the future. Many experts are predicting that the stress of these new requirements may drive some bankruptcy lawyers out of the field completely.
Now that you know many of the changes the new bankruptcy laws hold for your situation, be aware and file with care.
http://www.articlebliss.com/Article/The-New-Bankruptcy-Law--Information-You-Need-To-Know-Before-You-File/43917
Friday, October 26, 2007
Avoiding Bankruptcy - How To Avoid a Financial Problem
Bankruptcy may seem like a quick and relatively easy fix to a big problem, but it isn't. First, it can haunt your financial life for a decade or more, keeping you from owning a home, buying a new car, or even living the life you really want.
Maybe you're debt is beginning to weight you down. It's not to late t change some bad habits and reverse your financial woes. How can you avoid bankruptcy? Here's a good place to start:
Get Control of Your Spending:
Less than 43% of Americans today have more than $1,000 saved for a rainy day. Living paycheck to paycheck is a dangerous, considering that emergencies happen every day. Cars break down; people get hurt and miss work; unexpected pregnancies force women out of the workforce, and more. If you're struggling to pay your bills now, imagine the chaos an unexpected layoff would cause.
Sure, not everyone has the ability t save a large chunk of their salary, but almost everyone can put $5, $10 or even $15 a week away in a savings account. The key to living under your means, and avoiding bankruptcy, is creating a workable spending plan (ok, a budget), and stick to eat. First figure out the things that are essential; place to live, food to eat, a way to get to work, etc. Now, this doesn't mean that you need to live in an $1800 a month condo if you make $23,000 a year. It means finding an apartment or home that you can afford; a reasonably priced car (or take the bus), and regular old jeans, not the designer kind.
Remember, the point here is to spend less than you make, and that will mean sacrifice of some type. How much sacrifice depends on how far over your income your spending has become. Once you've figured out your necessity spending, then you can take a good hard look at your non-essential spending habits and limit that to what you can reasonably afford and still be able to have enough left to pay down your current debt and save for an emergency.
So, how much should you be spending? Most experts agree that a sound-spending plan should consist of the following ratio:
* 35% of your net pay for housing costs (rent, utilities)
* 15% for transportation ( car payments, gas, maintenance, insurance)
* 15% for debt (credit card payments, student loans, personal loans, etc)
* 10% toward savings
* 25% for everything else (clothes, food, fun)
Following this ratio should allow you to live a comfortably debt-free life, freeing you of he worry of bankruptcy in the future.
Debt Consolidation:
Ok, so maybe it's too late to prevent financial trouble - you already have it. How can you stave off bankruptcy in order to get your financial house in order? If you own your home, and you're able to handle the payments, causing your home equity to consolidate your entire debt into one long-term loan may be the answer. Be careful though. Until you break the spending cycle that got you into trouble in the first place, this is only a temporary solution that can ultimately mean the loss of your home if you continue to wrack up debt after the consolidation is complete. If, however, you're prepared to pare back your expenses and attack your debt head on, then this may be a great way to buy a little time and keep creditors in check.
Debt Settlement:
Sometimes, even the equity in your home is gone and the well is simply dry. Creditors hate bankruptcy since they either never reclaim any of what you owe them, or get pennies on the dollar through payment options. So, once bankruptcy has become an option, contact your creditors and see if there's a possibility you can settle some of your debt in order to help you avoid bankruptcy altogether. Many are more than happy to forgive up to 60% of your current debt if they are guaranteed they'll get the last 40% in a timely manner. Be prepared, however, to prove your case. Face it, you haven't been very responsible thus far with your spending, or your bills, so they'll need a little convincing that things have changed and that you are indeed working hard to make things right.
Credit Counseling:
Oftentimes, people get into financial trouble simply because they don't know any better. Credit counseling can be a wonderful resource to help you get your spending under control, learn to live on a budget and handle debt settlement and consolidation for you. Just be sure that you choose a reputable service that has a proven track record.
While bankruptcy may seem like the best solution when creditors are calling every hour of the day or night, but, bankruptcy can often be avoided with a little ingenuity and some hard work.
Sick and Tired of Not Profiting From Your Websites? Start Your Own Custom Content Websites Network TODAY with eWebCreator.com. Get Our FREE Website Secrets e-Course Here.
Article Source: http://EzineArticles.com/?expert=Matt_Hick
Maybe you're debt is beginning to weight you down. It's not to late t change some bad habits and reverse your financial woes. How can you avoid bankruptcy? Here's a good place to start:
Get Control of Your Spending:
Less than 43% of Americans today have more than $1,000 saved for a rainy day. Living paycheck to paycheck is a dangerous, considering that emergencies happen every day. Cars break down; people get hurt and miss work; unexpected pregnancies force women out of the workforce, and more. If you're struggling to pay your bills now, imagine the chaos an unexpected layoff would cause.
Sure, not everyone has the ability t save a large chunk of their salary, but almost everyone can put $5, $10 or even $15 a week away in a savings account. The key to living under your means, and avoiding bankruptcy, is creating a workable spending plan (ok, a budget), and stick to eat. First figure out the things that are essential; place to live, food to eat, a way to get to work, etc. Now, this doesn't mean that you need to live in an $1800 a month condo if you make $23,000 a year. It means finding an apartment or home that you can afford; a reasonably priced car (or take the bus), and regular old jeans, not the designer kind.
Remember, the point here is to spend less than you make, and that will mean sacrifice of some type. How much sacrifice depends on how far over your income your spending has become. Once you've figured out your necessity spending, then you can take a good hard look at your non-essential spending habits and limit that to what you can reasonably afford and still be able to have enough left to pay down your current debt and save for an emergency.
So, how much should you be spending? Most experts agree that a sound-spending plan should consist of the following ratio:
* 35% of your net pay for housing costs (rent, utilities)
* 15% for transportation ( car payments, gas, maintenance, insurance)
* 15% for debt (credit card payments, student loans, personal loans, etc)
* 10% toward savings
* 25% for everything else (clothes, food, fun)
Following this ratio should allow you to live a comfortably debt-free life, freeing you of he worry of bankruptcy in the future.
Debt Consolidation:
Ok, so maybe it's too late to prevent financial trouble - you already have it. How can you stave off bankruptcy in order to get your financial house in order? If you own your home, and you're able to handle the payments, causing your home equity to consolidate your entire debt into one long-term loan may be the answer. Be careful though. Until you break the spending cycle that got you into trouble in the first place, this is only a temporary solution that can ultimately mean the loss of your home if you continue to wrack up debt after the consolidation is complete. If, however, you're prepared to pare back your expenses and attack your debt head on, then this may be a great way to buy a little time and keep creditors in check.
Debt Settlement:
Sometimes, even the equity in your home is gone and the well is simply dry. Creditors hate bankruptcy since they either never reclaim any of what you owe them, or get pennies on the dollar through payment options. So, once bankruptcy has become an option, contact your creditors and see if there's a possibility you can settle some of your debt in order to help you avoid bankruptcy altogether. Many are more than happy to forgive up to 60% of your current debt if they are guaranteed they'll get the last 40% in a timely manner. Be prepared, however, to prove your case. Face it, you haven't been very responsible thus far with your spending, or your bills, so they'll need a little convincing that things have changed and that you are indeed working hard to make things right.
Credit Counseling:
Oftentimes, people get into financial trouble simply because they don't know any better. Credit counseling can be a wonderful resource to help you get your spending under control, learn to live on a budget and handle debt settlement and consolidation for you. Just be sure that you choose a reputable service that has a proven track record.
While bankruptcy may seem like the best solution when creditors are calling every hour of the day or night, but, bankruptcy can often be avoided with a little ingenuity and some hard work.
Sick and Tired of Not Profiting From Your Websites? Start Your Own Custom Content Websites Network TODAY with eWebCreator.com. Get Our FREE Website Secrets e-Course Here.
Article Source: http://EzineArticles.com/?expert=Matt_Hick
Thursday, October 25, 2007
Do You Need Bad Credit Help
? Are you one of thousands with no credit and no collateral to help secure approval, or you just
have extremely bad credit and no one wants to help you, and all you hear is stories and more stories?
Bad credit is a term used to describe a poor credit rating.Common practices that can damage a credit rating include making late payments, skipping payments, exceeding card limits ordeclaring bankruptcy. Bad Credit can result in being denied credit.
Bad credit can result in a negative rating from the credit reporting agencies. Many factors can contribute to someone getting a "bad credit" rating, among these are non-payment of an
account or late payments over an extended length of time.Whether non-payment of an account is willful or due to financial hardship, the result can be the same, a negative rating which
will result in a low credit score. However, lenders are more willing to work with individuals if the person contacts the lender to let them know they are having problems meeting their
commitment to pay. 100% Online Debt Relief! No Phone Calls! You must have at least $2,500 of total debt over two or more accounts to qualify for our Help. Name, email, and Zip Code are
required. US Residents only. No phone call required - all customer interaction is done online!
Christian Debt Consolidation Services Professional Debt Consolidation with a Christian perspective. Lower monthly payments. Reduce or Eliminate High interest rates. Apply now for
a FREE NO-OBLIGATION QUOTE!Fast Loans Online by DrCredit We are currently able to provide auto loans, mortgage loans, debt counseling, home equity,refinance loans, debt consolidation loans, personal loans and much more...
A credit score is defined as a statistical method of assessing an applicant's credit worthiness. An applicant's credit card history; amount of outstanding debt; the type of credit used;negative information such as bankruptcies or late payments;collection accounts and judgments; too little credit history,and too many credit lines with the maximum amount borrowed are all included in credit-scoring models to determine the credit score.
Raising your credit score is possible. It's a well known fact that lenders will give people with higher credit scores lower interest rates on mortgages, car loans and credit cards. If your
credit score falls under 620 just getting loans and credit cards
with reasonable terms is difficult.
Here are five things that you can use to raise credit score.
1. Correct obvious mistakes.
Your credit score is what shows up in your credit report. Review your reports from all three credit bureaus for accuracy once a year as well as several months before applying for a loan.
Changing a mistake on your report can take 30 days to three months, or more. Get Your credit report from the three major bureaus: Experian, Trans Union and Equifax.
2. Pay Your Bills On Time
Your payment history makes up 35% of your total credit score.Your recent payment history will carry much more weight than what happened five years ago.
Missing just one payment on anything can knock 50 to 100 points off of your credit score.
Paying your bills on time is the best way to get started rebuilding your credit rating and raising your credit score.
3. Reduce your credit card balances.
A heavily weighted factor in your FICO score is how much money you owe on your credit cards relative to your total credit limit. Generally, it's good to keep your balances at or below 25
percent of your credit card limit, said Jeanne Kelly, founder of The Kelly Group in Brookfield, Conn., which helps clients improve their credit scores.
4. Don’t Close Old Accounts
In the past people were told to close old accounts they weren’t using. But with today's current scoring methods that could actually hurt your credit score.
Closing old or paid off credit accounts lowers the total credit available to you and makes any balances you have appear larger in credit score calculations. Closing your oldest accounts can
actually shorten the length of your credit history and to a lender it makes you less credit worthy.
If you are trying to minimize identity theft and it's worth the peace of mind for you to close your old or paid off accounts,the good news is it will only lower you score a minimal amount.But just by keeping those old accounts open you can raise credit score for you.
5. Avoid Bankruptcy
Bankruptcy is the single worst thing you can do to your credit score. Bankruptcy will lower your credit score by 200 points or more and is very difficult to come back from.
Once your credit score falls below 620, any loan you get will be far more expensive. A bankruptcy on your credit record is reported for up to 10 years.
The reality of a bankruptcy is it will limit you to high-interest lenders that will squeeze out high interest rate payments from you for years.
It is better to get credit counseling to help you with your bills and avoid bankruptcy at all costs. By getting credit counseling instead of declaring bankruptcy you can raise credit
score over a much shorter period of time.
http://bk.shamrockbusiness.com/do-you-need-bad-credit-help.html
have extremely bad credit and no one wants to help you, and all you hear is stories and more stories?
Bad credit is a term used to describe a poor credit rating.Common practices that can damage a credit rating include making late payments, skipping payments, exceeding card limits ordeclaring bankruptcy. Bad Credit can result in being denied credit.
Bad credit can result in a negative rating from the credit reporting agencies. Many factors can contribute to someone getting a "bad credit" rating, among these are non-payment of an
account or late payments over an extended length of time.Whether non-payment of an account is willful or due to financial hardship, the result can be the same, a negative rating which
will result in a low credit score. However, lenders are more willing to work with individuals if the person contacts the lender to let them know they are having problems meeting their
commitment to pay. 100% Online Debt Relief! No Phone Calls! You must have at least $2,500 of total debt over two or more accounts to qualify for our Help. Name, email, and Zip Code are
required. US Residents only. No phone call required - all customer interaction is done online!
Christian Debt Consolidation Services Professional Debt Consolidation with a Christian perspective. Lower monthly payments. Reduce or Eliminate High interest rates. Apply now for
a FREE NO-OBLIGATION QUOTE!Fast Loans Online by DrCredit We are currently able to provide auto loans, mortgage loans, debt counseling, home equity,refinance loans, debt consolidation loans, personal loans and much more...
A credit score is defined as a statistical method of assessing an applicant's credit worthiness. An applicant's credit card history; amount of outstanding debt; the type of credit used;negative information such as bankruptcies or late payments;collection accounts and judgments; too little credit history,and too many credit lines with the maximum amount borrowed are all included in credit-scoring models to determine the credit score.
Raising your credit score is possible. It's a well known fact that lenders will give people with higher credit scores lower interest rates on mortgages, car loans and credit cards. If your
credit score falls under 620 just getting loans and credit cards
with reasonable terms is difficult.
Here are five things that you can use to raise credit score.
1. Correct obvious mistakes.
Your credit score is what shows up in your credit report. Review your reports from all three credit bureaus for accuracy once a year as well as several months before applying for a loan.
Changing a mistake on your report can take 30 days to three months, or more. Get Your credit report from the three major bureaus: Experian, Trans Union and Equifax.
2. Pay Your Bills On Time
Your payment history makes up 35% of your total credit score.Your recent payment history will carry much more weight than what happened five years ago.
Missing just one payment on anything can knock 50 to 100 points off of your credit score.
Paying your bills on time is the best way to get started rebuilding your credit rating and raising your credit score.
3. Reduce your credit card balances.
A heavily weighted factor in your FICO score is how much money you owe on your credit cards relative to your total credit limit. Generally, it's good to keep your balances at or below 25
percent of your credit card limit, said Jeanne Kelly, founder of The Kelly Group in Brookfield, Conn., which helps clients improve their credit scores.
4. Don’t Close Old Accounts
In the past people were told to close old accounts they weren’t using. But with today's current scoring methods that could actually hurt your credit score.
Closing old or paid off credit accounts lowers the total credit available to you and makes any balances you have appear larger in credit score calculations. Closing your oldest accounts can
actually shorten the length of your credit history and to a lender it makes you less credit worthy.
If you are trying to minimize identity theft and it's worth the peace of mind for you to close your old or paid off accounts,the good news is it will only lower you score a minimal amount.But just by keeping those old accounts open you can raise credit score for you.
5. Avoid Bankruptcy
Bankruptcy is the single worst thing you can do to your credit score. Bankruptcy will lower your credit score by 200 points or more and is very difficult to come back from.
Once your credit score falls below 620, any loan you get will be far more expensive. A bankruptcy on your credit record is reported for up to 10 years.
The reality of a bankruptcy is it will limit you to high-interest lenders that will squeeze out high interest rate payments from you for years.
It is better to get credit counseling to help you with your bills and avoid bankruptcy at all costs. By getting credit counseling instead of declaring bankruptcy you can raise credit
score over a much shorter period of time.
http://bk.shamrockbusiness.com/do-you-need-bad-credit-help.html
How Bankruptcy Works
Bankruptcy… a frightening word with serious connotations. In recent years governments have been cracking down, making penalties for bankruptcy more severe in an attempt to make them more difficult to attain so that only those in serious need can apply for them.
Despite the negative image that is associated with bankruptcy and the various problems that come along with declaring a bankruptcy, it doesn't have to be frightening; after all, bankruptcy was designed as a way for those individuals and businesses who find that their finances are out of control to get the help that they need to organize their finances and pay off their debts.
Once you take the time to understand what bankruptcy is and how it works, you won't find it as scary as you did at first.
Defining Bankruptcy
Bankruptcy is a legal term, meaning that an individual cannot within reason pay off their various debts and have allowed the court system to take over their finances for this purpose.
When filing for bankruptcy, the court will appoint someone to work out the payments to your creditors and to determine how much of your income must go to repay these debts. The court will either allow you to make payments, or more likely will deduct a portion of your paycheck toward this goal.
During this time, your credit will be limited… both by legal action and by the reluctance of creditors to issue credit lines to individuals who have declared bankruptcy.
Once the total amount set by the court has been repaid, the bankruptcy will be discharged and you will be able to start rebuilding your credit from the ground up.
Different Types of Bankruptcy
Several different types of bankruptcy exist, defined by legal codes for certain purposes. The exact types of bankruptcy available differ from one country to the next… in the United Kingdom bankruptcy can only legally be applied to individuals and partnerships, whereas in other countries such as the United States or Canada they can be applied to businesses as well.
Regardless of the limitations or allowances set by the government on who is allowed to declare bankruptcy, the general purpose of bankruptcy remains the same.
Lasting Effects of Bankruptcy
While you are working towards discharging a bankruptcy, your options for credit will be exceedingly limited. Even after you've had your bankruptcy filing discharged, though, you'll still find that you won't have many options for a while… many creditors will still be hesitant to work with you from between six months to two years depending upon the creditor and the service that you're applying for.
You should also take care with any offers that you do receive, because they will likely come with high interest rates and additional fees attached.
Life After Bankruptcy
Bankruptcy isn't the end of the world… it's actually a chance for a new beginning. As time goes by, the bankruptcy on your credit report will begin to matter less and less as you eventually start to establish new positive credit lines and build up your credit again.
Just like negative reports, your bankruptcy will eventually expire from your credit history; the process may take up to seven years, and until it expires there will still be those who are hesitant to deal with you.
Once it expires, however, the negative reports that preceded it will also be long gone… and you'll find that your newer reports are all that remain.
http://bk.shamrockbusiness.com/
Despite the negative image that is associated with bankruptcy and the various problems that come along with declaring a bankruptcy, it doesn't have to be frightening; after all, bankruptcy was designed as a way for those individuals and businesses who find that their finances are out of control to get the help that they need to organize their finances and pay off their debts.
Once you take the time to understand what bankruptcy is and how it works, you won't find it as scary as you did at first.
Defining Bankruptcy
Bankruptcy is a legal term, meaning that an individual cannot within reason pay off their various debts and have allowed the court system to take over their finances for this purpose.
When filing for bankruptcy, the court will appoint someone to work out the payments to your creditors and to determine how much of your income must go to repay these debts. The court will either allow you to make payments, or more likely will deduct a portion of your paycheck toward this goal.
During this time, your credit will be limited… both by legal action and by the reluctance of creditors to issue credit lines to individuals who have declared bankruptcy.
Once the total amount set by the court has been repaid, the bankruptcy will be discharged and you will be able to start rebuilding your credit from the ground up.
Different Types of Bankruptcy
Several different types of bankruptcy exist, defined by legal codes for certain purposes. The exact types of bankruptcy available differ from one country to the next… in the United Kingdom bankruptcy can only legally be applied to individuals and partnerships, whereas in other countries such as the United States or Canada they can be applied to businesses as well.
Regardless of the limitations or allowances set by the government on who is allowed to declare bankruptcy, the general purpose of bankruptcy remains the same.
Lasting Effects of Bankruptcy
While you are working towards discharging a bankruptcy, your options for credit will be exceedingly limited. Even after you've had your bankruptcy filing discharged, though, you'll still find that you won't have many options for a while… many creditors will still be hesitant to work with you from between six months to two years depending upon the creditor and the service that you're applying for.
You should also take care with any offers that you do receive, because they will likely come with high interest rates and additional fees attached.
Life After Bankruptcy
Bankruptcy isn't the end of the world… it's actually a chance for a new beginning. As time goes by, the bankruptcy on your credit report will begin to matter less and less as you eventually start to establish new positive credit lines and build up your credit again.
Just like negative reports, your bankruptcy will eventually expire from your credit history; the process may take up to seven years, and until it expires there will still be those who are hesitant to deal with you.
Once it expires, however, the negative reports that preceded it will also be long gone… and you'll find that your newer reports are all that remain.
http://bk.shamrockbusiness.com/
Wednesday, October 24, 2007
Fair Debt Collection
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
- use threats of violence or harm;
- publish a list of consumers who refuse to pay their debts (except to a credit bureau);
- use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
- falsely imply that they are attorneys or government representatives;
- falsely imply that you have committed a crime;
- falsely represent that they operate or work for a credit bureau;
- misrepresent the amount of your debt;
- indicate that papers being sent to you are legal forms when they are not; or
- indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
- you will be arrested if you do not pay your debt;
- they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
- actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
- give false credit information about you to anyone, including a credit bureau;
- send you anything that looks like an official document from a court or government agency when it is not; or
- use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
- collect any amount greater than your debt, unless your state law permits such a charge;
- deposit a post-dated check prematurely;
- use deception to make you accept collect calls or pay for telegrams;
- take or threaten to take your property unless this can be done legally; or
- contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney' s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector' s net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General' s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General' s office can help you determine your rights.
http://www.justia.com/bankruptcy/docs/fair-debt-collection.html
For People on Debt Management Plans: A Must-Do List
Reputable credit counseling organizations employ counselors who are certified and trained in consumer credit, money and debt management, and budgeting. Those organizations that are nonprofit have a legal obligation to provide education and counseling.
But not all credit counseling organizations provide these services. Some charge high fees, not all of which are disclosed, or urge you to make "voluntary" contributions that can cause you to fall deeper into debt. Many claim that a debt management plan is your only option before they spend time reviewing your financial situation, and offer little or no consumer education and counseling. Others misrepresent their nonprofit status or fraudulently obtained nonprofit status by misrepresenting their business practices to regulators.
The Federal Trade Commission (FTC), the nation's consumer protection agency, and some state Attorneys General have sued several companies that called themselves credit counseling organizations. The FTC and the states said these companies deceived consumers about the cost, nature, and benefits of the services they offered; some companies even lied about their nonprofit status. Several of these companies are now going out of business. Similar companies also may be shutting their doors, even though they haven't been sued by the FTC or the states. That could be of special concern if you have a debt management plan with one of these companies.
Must-Dos for Anyone With A DMP
Organizations that advertise credit counseling often arrange for consumers to pay debts through a debt management plan (DMP). In a DMP, you deposit money each month with a credit counseling organization. The organization uses these deposits to pay your credit card bills, student loans, medical bills, or other unsecured debts according to a payment schedule they've worked out with you and your creditors. Creditors may agree to lower interest rates or waive certain fees if you are repaying through a DMP.
The FTC has found that some organizations that offer DMPs have deceived and defrauded consumers, and recommends that consumers check their bills to make sure that the organization fulfills its promises. If you are paying through a DMP, contact your creditors and confirm that they have accepted the proposed plan before you send any payments to the organization handling your DMP. Once the creditors have accepted the DMP, it is important to:
* make regular, timely payments.
* always read your monthly statements promptly to make sure your creditors are getting paid according to your plan.
* contact the organization responsible for your DMP if you will be unable to make a scheduled payment, or if you discover that creditors are not being paid.
You need to be aware that if payments to your DMP and creditors are not made on time, you could lose the progress you've made on paying down your debt, or the benefits of being in a DMP, including lower interest rates and fee waivers. Although creditors may have forgiven late payments that you made before you began the DMP, the creditors may be unwilling or unable to do so if payments are late after you have enrolled in a DMP. If you fall behind on your payments, you may not be able to have your accounts "re-aged" again (reported as current), even if you start a new DMP with a new counselor. That means your credit report will have "late" marks and you will rack up late fees, which, in turn, will lead to more debt that could take longer to pay off.
If Your Credit Counselor Has Gone Out of Business
What happens to your DMP if the credit counseling company that managed your debts shuts down? A counseling agency that is going out of business may send you a notice telling you that your DMP is being transferred to another company. Or it may tell you that you need to take some action to keep your financial recovery on track. If a government agency has filed an action against your credit counseling company, you may get a notice from a third party. If you discover that the organization handling your DMP is going out of business you need to:
* contact your bank to stop payment if you are making your DMP payments through automatic withdrawal.
* start paying your bills directly to your creditors.
* notify your creditors that the organization handling your DMP is going out of business. Consider working out a payment plan with your creditors yourself. Ask if they will give you a reduction on your interest rate without a DMP.
* order a copy of your credit report. Check for late payments — or missed DMP payments — that may result from the company going out of business. If you see "late" notations you don't expect, call the creditor immediately and ask that the notation be removed. Understand that they have no obligation to do it.
If payments are late because the organization handling your DMP has failed to make scheduled payments, the consequences can be just as devastating as if you failed to make payments to the DMP. If you do not act quickly to make arrangements with your creditors, you could incur late charges that increase your debt, lose the lower interest rates associated with the DMP, and have "late" marks on your credit report.
Important Questions to Ask When Choosing a Credit Counselor
If the organization you were working with shuts down, you may be able to work a payment plan on your own directly with your creditors. But if you decide that you need additional credit advice and assistance, or if you are considering working with a credit counselor for the first time, asking questions like these can help you find the best counselor for you.
1. What services do you offer? Look for an organization that offers a range of services, including budget counseling, savings and debt management classes, and counselors who are trained and certified in consumer credit, money and debt management, and budgeting. Counselors should discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems now and avoid others in the future. An initial counseling session typically lasts an hour, with an offer of follow-up sessions. Avoid organizations that push a debt management plan as your only option before they spend a significant amount of time analyzing your financial situation. DMPs are not for everyone. You should sign up for a DMP only after a certified credit counselor has spent time thoroughly reviewing your financial situation, and has offered you customized advice on managing your money.
If you were on a DMP with an organization that closed down, ask any credit counselor that you are considering what they can do to help you retain the benefits of your DMP.
2. Are you licensed to offer your services in my state? Many states require that an organization register or obtain a license before offering credit counseling, debt management plans, and similar services. Do not hire an organization that has not fulfilled the requirements for your state.
3. Do you offer free information? Avoid organizations that charge for information about the nature of their services.
4. Will I have a formal written agreement or contract with you? Don't commit to participate in a DMP over the telephone. Get all verbal promises in writing. Read all documents carefully before you sign them. If you are told you need to act immediately, consider finding another organization.
5. What are the qualifications of your counselors? Are they accredited or certified by an outside organization? If so, which one? If not, how are they trained? Try to use an organization whose counselors are trained by an outside organization that is not affiliated with creditors.
6. Have other consumers been satisfied with the service that they received? Once you've identified credit counseling organizations that suit your needs, check them out with your state Attorney General, local consumer protection agency, and Better Business Bureau. These organizations can tell you if consumers have filed complaints about them. The absence of complaints doesn't guarantee legitimacy, but complaints from other consumers may alert you to problems.
7. What are your fees? Are there set-up and/or monthly fees? Get a detailed price quote in writing, and specifically ask whether all the fees are covered in the quote. If you're concerned that you cannot afford to pay your fees, ask if the organization waives or reduces fees when providing counseling to consumers in your circumstances. If an organization won't help you because you can't afford to pay, look elsewhere for help.
8. How are your employees paid? Are the employees or the organization paid more if I sign up for certain services, pay a fee, or make a contribution to your organization? Employees who are counseling you to purchase certain services may receive a commission if you choose to sign up for those services. Many credit counseling organizations receive additional compensation from creditors if you enroll in a DMP. If the organization will not disclose what compensation it receives from creditors, or how employees are compensated, go elsewhere for help.
9. What do you do to keep personal information about your clients (for example, name, address, phone number, and financial information) confidential and secure? Credit counseling organizations handle your most sensitive financial information. The organization should have safeguards in place to protect the privacy of this information and prevent misuse.
http://www.justia.com/bankruptcy/docs/debt-management-plan-must-do-list.html
But not all credit counseling organizations provide these services. Some charge high fees, not all of which are disclosed, or urge you to make "voluntary" contributions that can cause you to fall deeper into debt. Many claim that a debt management plan is your only option before they spend time reviewing your financial situation, and offer little or no consumer education and counseling. Others misrepresent their nonprofit status or fraudulently obtained nonprofit status by misrepresenting their business practices to regulators.
The Federal Trade Commission (FTC), the nation's consumer protection agency, and some state Attorneys General have sued several companies that called themselves credit counseling organizations. The FTC and the states said these companies deceived consumers about the cost, nature, and benefits of the services they offered; some companies even lied about their nonprofit status. Several of these companies are now going out of business. Similar companies also may be shutting their doors, even though they haven't been sued by the FTC or the states. That could be of special concern if you have a debt management plan with one of these companies.
Must-Dos for Anyone With A DMP
Organizations that advertise credit counseling often arrange for consumers to pay debts through a debt management plan (DMP). In a DMP, you deposit money each month with a credit counseling organization. The organization uses these deposits to pay your credit card bills, student loans, medical bills, or other unsecured debts according to a payment schedule they've worked out with you and your creditors. Creditors may agree to lower interest rates or waive certain fees if you are repaying through a DMP.
The FTC has found that some organizations that offer DMPs have deceived and defrauded consumers, and recommends that consumers check their bills to make sure that the organization fulfills its promises. If you are paying through a DMP, contact your creditors and confirm that they have accepted the proposed plan before you send any payments to the organization handling your DMP. Once the creditors have accepted the DMP, it is important to:
* make regular, timely payments.
* always read your monthly statements promptly to make sure your creditors are getting paid according to your plan.
* contact the organization responsible for your DMP if you will be unable to make a scheduled payment, or if you discover that creditors are not being paid.
You need to be aware that if payments to your DMP and creditors are not made on time, you could lose the progress you've made on paying down your debt, or the benefits of being in a DMP, including lower interest rates and fee waivers. Although creditors may have forgiven late payments that you made before you began the DMP, the creditors may be unwilling or unable to do so if payments are late after you have enrolled in a DMP. If you fall behind on your payments, you may not be able to have your accounts "re-aged" again (reported as current), even if you start a new DMP with a new counselor. That means your credit report will have "late" marks and you will rack up late fees, which, in turn, will lead to more debt that could take longer to pay off.
If Your Credit Counselor Has Gone Out of Business
What happens to your DMP if the credit counseling company that managed your debts shuts down? A counseling agency that is going out of business may send you a notice telling you that your DMP is being transferred to another company. Or it may tell you that you need to take some action to keep your financial recovery on track. If a government agency has filed an action against your credit counseling company, you may get a notice from a third party. If you discover that the organization handling your DMP is going out of business you need to:
* contact your bank to stop payment if you are making your DMP payments through automatic withdrawal.
* start paying your bills directly to your creditors.
* notify your creditors that the organization handling your DMP is going out of business. Consider working out a payment plan with your creditors yourself. Ask if they will give you a reduction on your interest rate without a DMP.
* order a copy of your credit report. Check for late payments — or missed DMP payments — that may result from the company going out of business. If you see "late" notations you don't expect, call the creditor immediately and ask that the notation be removed. Understand that they have no obligation to do it.
If payments are late because the organization handling your DMP has failed to make scheduled payments, the consequences can be just as devastating as if you failed to make payments to the DMP. If you do not act quickly to make arrangements with your creditors, you could incur late charges that increase your debt, lose the lower interest rates associated with the DMP, and have "late" marks on your credit report.
Important Questions to Ask When Choosing a Credit Counselor
If the organization you were working with shuts down, you may be able to work a payment plan on your own directly with your creditors. But if you decide that you need additional credit advice and assistance, or if you are considering working with a credit counselor for the first time, asking questions like these can help you find the best counselor for you.
1. What services do you offer? Look for an organization that offers a range of services, including budget counseling, savings and debt management classes, and counselors who are trained and certified in consumer credit, money and debt management, and budgeting. Counselors should discuss your entire financial situation with you, and help you develop a personalized plan to solve your money problems now and avoid others in the future. An initial counseling session typically lasts an hour, with an offer of follow-up sessions. Avoid organizations that push a debt management plan as your only option before they spend a significant amount of time analyzing your financial situation. DMPs are not for everyone. You should sign up for a DMP only after a certified credit counselor has spent time thoroughly reviewing your financial situation, and has offered you customized advice on managing your money.
If you were on a DMP with an organization that closed down, ask any credit counselor that you are considering what they can do to help you retain the benefits of your DMP.
2. Are you licensed to offer your services in my state? Many states require that an organization register or obtain a license before offering credit counseling, debt management plans, and similar services. Do not hire an organization that has not fulfilled the requirements for your state.
3. Do you offer free information? Avoid organizations that charge for information about the nature of their services.
4. Will I have a formal written agreement or contract with you? Don't commit to participate in a DMP over the telephone. Get all verbal promises in writing. Read all documents carefully before you sign them. If you are told you need to act immediately, consider finding another organization.
5. What are the qualifications of your counselors? Are they accredited or certified by an outside organization? If so, which one? If not, how are they trained? Try to use an organization whose counselors are trained by an outside organization that is not affiliated with creditors.
6. Have other consumers been satisfied with the service that they received? Once you've identified credit counseling organizations that suit your needs, check them out with your state Attorney General, local consumer protection agency, and Better Business Bureau. These organizations can tell you if consumers have filed complaints about them. The absence of complaints doesn't guarantee legitimacy, but complaints from other consumers may alert you to problems.
7. What are your fees? Are there set-up and/or monthly fees? Get a detailed price quote in writing, and specifically ask whether all the fees are covered in the quote. If you're concerned that you cannot afford to pay your fees, ask if the organization waives or reduces fees when providing counseling to consumers in your circumstances. If an organization won't help you because you can't afford to pay, look elsewhere for help.
8. How are your employees paid? Are the employees or the organization paid more if I sign up for certain services, pay a fee, or make a contribution to your organization? Employees who are counseling you to purchase certain services may receive a commission if you choose to sign up for those services. Many credit counseling organizations receive additional compensation from creditors if you enroll in a DMP. If the organization will not disclose what compensation it receives from creditors, or how employees are compensated, go elsewhere for help.
9. What do you do to keep personal information about your clients (for example, name, address, phone number, and financial information) confidential and secure? Credit counseling organizations handle your most sensitive financial information. The organization should have safeguards in place to protect the privacy of this information and prevent misuse.
http://www.justia.com/bankruptcy/docs/debt-management-plan-must-do-list.html
Friday, October 19, 2007
Make bankruptcy your last option by learning all you can about how to keep creditors off your back and eliminate your debt in the shortest amount of t
Are you currently experiencing severe financial difficulties and/or considering bankruptcy? Maybe you have arrived at this site because you realize that high credit card interest charges are only driving you further into debt, or you are looking for information about how to stop persistent creditors and debt collectors from calling you at all hours of the day and evening, or youare simply searching for credit counseling information that will help you create a debt rudction plan and start getting out of nightmarish and overwhelming debt.
If you're struggling with debt, you're not alone. Millions of people live under the daily stress and pressures of being in debt. Recent research on the personal debt situation in America reveals that over half of all Americans use credit cards as a short term loan, and have at least one credit card that they do not pay off in full each month. This research also reveals that the average debt as a percentage of household income is around 8.0%, although for people earning less than $40,000 a year, this percentage is in the double digits. Other facts worth noting, are that the average interest rate charged by credit cards is 14.71% and the average household has more than $8,000 in credit card debt. An $8,000 debt at a rate of 18% interest will take more than 25 years to repay and cost more than $24,000 to service. The most recent Federal Reserve study showed that 43% of U.S. families spent more than they earned and that on average, Americans spend $1.22 for each dollar they earn. This leads over 1.5 million people to seek credit counseling or guidance for their financial situation each year.
Here you will find articles, tips and information about dealing with bankruptcy, credit counseling, debt consolidation loans, the consequences of filing for bankruptcy, ways to start taking back control of your financial situation, how to eliminate debt without going bankrupt, steps you can take to keep creditors and bill collectors off your back, what to say when you contact creditors, how to negotiate with creditors, how to avoid costly mistakes when using credit counseling services, bankruptcy law, your rights as an individual, and so much more.
If you can't find the information you are looking for here, please bookmark this site and visit us again soon, as we plan to keep adding new content on a regular basis.
http://www.credit-wz.com/bankruptcy/more-bankruptcy-articles.html
If you're struggling with debt, you're not alone. Millions of people live under the daily stress and pressures of being in debt. Recent research on the personal debt situation in America reveals that over half of all Americans use credit cards as a short term loan, and have at least one credit card that they do not pay off in full each month. This research also reveals that the average debt as a percentage of household income is around 8.0%, although for people earning less than $40,000 a year, this percentage is in the double digits. Other facts worth noting, are that the average interest rate charged by credit cards is 14.71% and the average household has more than $8,000 in credit card debt. An $8,000 debt at a rate of 18% interest will take more than 25 years to repay and cost more than $24,000 to service. The most recent Federal Reserve study showed that 43% of U.S. families spent more than they earned and that on average, Americans spend $1.22 for each dollar they earn. This leads over 1.5 million people to seek credit counseling or guidance for their financial situation each year.
Here you will find articles, tips and information about dealing with bankruptcy, credit counseling, debt consolidation loans, the consequences of filing for bankruptcy, ways to start taking back control of your financial situation, how to eliminate debt without going bankrupt, steps you can take to keep creditors and bill collectors off your back, what to say when you contact creditors, how to negotiate with creditors, how to avoid costly mistakes when using credit counseling services, bankruptcy law, your rights as an individual, and so much more.
If you can't find the information you are looking for here, please bookmark this site and visit us again soon, as we plan to keep adding new content on a regular basis.
http://www.credit-wz.com/bankruptcy/more-bankruptcy-articles.html
Thursday, October 18, 2007
How to Start a Business Chapter 7 Bankruptcy
In that your company is filing for bankruptcy protection make sure to answer all the questions as though you are the company, not yourself. Make notes if you have any questions.
IMPORTANT NOTE: Make certain that you have the proper authority to file bankruptcy for your company and to sign the necessary documentation. We will need a copy of the corporate resolution, or partnership agreement granting that authority.
Please follow the directions below. The General Review of Financial Status form helps us guide you through the complex documents which must be completed before a bankruptcy can be filed. All information is provided so that we can better assist you. Please note that this firm does not represent you until you have actually paid a retainer fee and signed a retainer agreement. So do not give out our name to your creditors until you have made the necessary arrangements with our office. If you have an emergency please call our office to discuss special arrangements. PLEASE NOTE: If you have any problems with any of the links please call our office.
In a very few cases bankruptcy is not the best option at the time. We will help you determine what other options might be available. But, in the great majority of cases, bankruptcy is the only option left. It is our job to help you throughout the entire process and to make sure you understand your rights and the complex legal issues involved with bankruptcy. Please review some comments that our clients have shared with us about our services.
You will be expected to pay one-half of your retainer at the time of this initial 2-hour meeting. Once you have paid a portion of the retainer you may refer all creditors and collection companies to our office.
http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireCo.htm
IMPORTANT NOTE: Make certain that you have the proper authority to file bankruptcy for your company and to sign the necessary documentation. We will need a copy of the corporate resolution, or partnership agreement granting that authority.
Please follow the directions below. The General Review of Financial Status form helps us guide you through the complex documents which must be completed before a bankruptcy can be filed. All information is provided so that we can better assist you. Please note that this firm does not represent you until you have actually paid a retainer fee and signed a retainer agreement. So do not give out our name to your creditors until you have made the necessary arrangements with our office. If you have an emergency please call our office to discuss special arrangements. PLEASE NOTE: If you have any problems with any of the links please call our office.
In a very few cases bankruptcy is not the best option at the time. We will help you determine what other options might be available. But, in the great majority of cases, bankruptcy is the only option left. It is our job to help you throughout the entire process and to make sure you understand your rights and the complex legal issues involved with bankruptcy. Please review some comments that our clients have shared with us about our services.
You will be expected to pay one-half of your retainer at the time of this initial 2-hour meeting. Once you have paid a portion of the retainer you may refer all creditors and collection companies to our office.
http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireCo.htm
Wednesday, October 17, 2007
Get Personal Loan, Home Loan, Car Loan after Bankruptcy at Low Rate of Interest!
Apart from what it was that you had in mind about the hot potato which is home loan refinance in the past, this feature you are about to read is certain to astound you. 30-year fixed loan payments came to a 30-year low point last June when they plummeted below 5 %. It`s understandable why many property owners had excited notions as they rushed out to refinancing online their recent loans, hoping to put a little more money in their wallets. Although interest rates have since risen again, hovering around 6.25 %, they`re still improved from five years ago when rates were more than 7 percent.
Many professionals concur that interest rate decrease is the primary motive for most equity refinance decisions. Even little variations in interest rates can warrant a significant difference. Expecting a 2 or 3 % drop before remortgage is an old rule of thumb that no longer applies but these days a one-quarter up to 3/4 % rate decrease deserves consideration on condition that a proprietor intends to live in the house long enough to recover the costs.
Nevertheless, second mortgage may not be a wise route for each homeowner. Apart from lower interest, an important point ought to be the price of refinancing, including closing expenses, the mortgage amount, in addition to the duration of the mortgage. For example, a person that is a decade into their 30-year home loan might not desire to mortgages refinance for a new 30-year mortgage, leaving them forty years to pay their mortgage.
What if your credit is worse than when you first bought the home? In case you have made delayed payments for your loan, credit cards, or car loans from the time you purchased your house, your credit status has possibly dropped and you may not qualify for the lowest interest. refinancing in that case might in fact raise your payments and/or interest rather than lower them.
Conversely, there are people that choose to refinance home in order to get money from the closing in order to pay larger interest rate credit cards or other debts (at 6 % vs. 17 percent), or those who want to convert their mortgages from 30-year fixed terms to fifteen year terms in order to develop ownership quickly and slash their interest bill. In addition, proprietors who have private mortgage coverage (PMI) because they made an initial payment of below 20 % might refinancing home loan in order to rid themselves of mortgage coverage if they have built up equity on their houses. In any of these cases, mortgage refinance makes sense.
mortgage financing your property can benefit in the event that you find yourself excessively far in debt and you want a way out. refinancing home can give you the cash you need in order to minimize these debts as well as provide you with the opportunity to pay them. This also improves your credit score since once you refunding, you`re left with a solitary monthly installment that you could easily manage. Just ensure you aren`t charged any hidden charges when you`re changing the loan.
For relevant details, simply proceed to...
1. Lowest Home Loan Refinance`s informative summary
2. VA Home Loan Refinance Program overall briefing
3. Compare Rate Home Loan Refinance: Home Loan Refinance Compare`s complete summary
4. Basic Home Loan Refinance Time facts
Do you feel your chances of getting approved for a loan after filing bankruptcy is bleak. Wait for a while, bankruptcy loan can help you even after filing for bankruptcy, getting approved for funds after a bankruptcy is not that daunting as you think.
RE-establishing your credits is quite important. You can avail of personal loan, home loan, car loan after bankruptcy at low rate of interest and simultaneously work towards replenishing your credit scores. Provided, you make some good down payments on your bankruptcy loan you don’t get low interest rate, as a home loan after bankruptcy lender will foresee risk in lending loans to a bankrupt. A good size down payment will give him an assurance that his loan payments will be made on time.
Get Personal Loan, Home Loan, Car Loan after Bankruptcy at low interest rate!
Save some extra cash for a Down Payment:
Save money for a down payment. Your down payments ease down the risk and reduce the total amount financed. If a bankruptcy loan is rated high, a down payment will affect the monthly payments and get you better loan deal.
Personal loan, car loan or home loan after six months:
After six months of bankruptcy discharge, as it is unwise to apply for a loan immediately after discharge. Wait for some period of time and then, apply for a loan after bankruptcy. When possible, hold off on financing home. Give a break of six months. During this time, apply for a secured credit card and make timely payment. This will improve your credit score, and qualify you for better rates. Tough competition among uk lending companies in the market compels these lenders to offer special home loan, personal loan and car loan packages for those who have been through bankruptcy. As far as you have been discharged of your debts, you can go right ahead and submit that personal loan application.
Fix your credit problems:
If you’re having difficulties finding a co-borrower, and are still hunting for lower interest rate, fix your credit scores. Apply, for a new line of credit which would range from secured credit card, store card and others, make your repayments on time and keep very little or no balances on your account, so this way you would have unknowingly worked on repairing your credit scores as well.
Follow the above tips, then, there’s no stopping you from availing Personal loan, Home loan, Car loan after bankruptcy. Go get it! Reach out to online professionals who can help you with your credit repair and simultaneously fund your needs.
Kirthy Shetty expert author: Free advice on filing bankruptcy Filing Personal Bankruptcy
Filing Personal Bankruptcy
While reading the composition which concludes here about the subject of home loan refinance you saw for a fact how very simple plus uncomplicated it really can be.
Article Source: http://EzineArticles.com/?expert=Kirthy_S
Many professionals concur that interest rate decrease is the primary motive for most equity refinance decisions. Even little variations in interest rates can warrant a significant difference. Expecting a 2 or 3 % drop before remortgage is an old rule of thumb that no longer applies but these days a one-quarter up to 3/4 % rate decrease deserves consideration on condition that a proprietor intends to live in the house long enough to recover the costs.
Nevertheless, second mortgage may not be a wise route for each homeowner. Apart from lower interest, an important point ought to be the price of refinancing, including closing expenses, the mortgage amount, in addition to the duration of the mortgage. For example, a person that is a decade into their 30-year home loan might not desire to mortgages refinance for a new 30-year mortgage, leaving them forty years to pay their mortgage.
What if your credit is worse than when you first bought the home? In case you have made delayed payments for your loan, credit cards, or car loans from the time you purchased your house, your credit status has possibly dropped and you may not qualify for the lowest interest. refinancing in that case might in fact raise your payments and/or interest rather than lower them.
Conversely, there are people that choose to refinance home in order to get money from the closing in order to pay larger interest rate credit cards or other debts (at 6 % vs. 17 percent), or those who want to convert their mortgages from 30-year fixed terms to fifteen year terms in order to develop ownership quickly and slash their interest bill. In addition, proprietors who have private mortgage coverage (PMI) because they made an initial payment of below 20 % might refinancing home loan in order to rid themselves of mortgage coverage if they have built up equity on their houses. In any of these cases, mortgage refinance makes sense.
mortgage financing your property can benefit in the event that you find yourself excessively far in debt and you want a way out. refinancing home can give you the cash you need in order to minimize these debts as well as provide you with the opportunity to pay them. This also improves your credit score since once you refunding, you`re left with a solitary monthly installment that you could easily manage. Just ensure you aren`t charged any hidden charges when you`re changing the loan.
For relevant details, simply proceed to...
1. Lowest Home Loan Refinance`s informative summary
2. VA Home Loan Refinance Program overall briefing
3. Compare Rate Home Loan Refinance: Home Loan Refinance Compare`s complete summary
4. Basic Home Loan Refinance Time facts
Do you feel your chances of getting approved for a loan after filing bankruptcy is bleak. Wait for a while, bankruptcy loan can help you even after filing for bankruptcy, getting approved for funds after a bankruptcy is not that daunting as you think.
RE-establishing your credits is quite important. You can avail of personal loan, home loan, car loan after bankruptcy at low rate of interest and simultaneously work towards replenishing your credit scores. Provided, you make some good down payments on your bankruptcy loan you don’t get low interest rate, as a home loan after bankruptcy lender will foresee risk in lending loans to a bankrupt. A good size down payment will give him an assurance that his loan payments will be made on time.
Get Personal Loan, Home Loan, Car Loan after Bankruptcy at low interest rate!
Save some extra cash for a Down Payment:
Save money for a down payment. Your down payments ease down the risk and reduce the total amount financed. If a bankruptcy loan is rated high, a down payment will affect the monthly payments and get you better loan deal.
Personal loan, car loan or home loan after six months:
After six months of bankruptcy discharge, as it is unwise to apply for a loan immediately after discharge. Wait for some period of time and then, apply for a loan after bankruptcy. When possible, hold off on financing home. Give a break of six months. During this time, apply for a secured credit card and make timely payment. This will improve your credit score, and qualify you for better rates. Tough competition among uk lending companies in the market compels these lenders to offer special home loan, personal loan and car loan packages for those who have been through bankruptcy. As far as you have been discharged of your debts, you can go right ahead and submit that personal loan application.
Fix your credit problems:
If you’re having difficulties finding a co-borrower, and are still hunting for lower interest rate, fix your credit scores. Apply, for a new line of credit which would range from secured credit card, store card and others, make your repayments on time and keep very little or no balances on your account, so this way you would have unknowingly worked on repairing your credit scores as well.
Follow the above tips, then, there’s no stopping you from availing Personal loan, Home loan, Car loan after bankruptcy. Go get it! Reach out to online professionals who can help you with your credit repair and simultaneously fund your needs.
Kirthy Shetty expert author: Free advice on filing bankruptcy Filing Personal Bankruptcy
Filing Personal Bankruptcy
While reading the composition which concludes here about the subject of home loan refinance you saw for a fact how very simple plus uncomplicated it really can be.
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Tuesday, October 16, 2007
Bankruptcy Law Passes House
Bankruptcy change legislation passed Congress last week in a 302 to 126 vote and was signed into law 4/20/05 by President Bush (Whitehouse Press Release). The changes introduced by this bill are tough on consumers and good for banks. Banks are having their cake and eating it too, as the hackneyed-cliché goes.
This bill has been in the works for eight years. President Clinton vetoed the measure back in 2000 and the banks have been fighting ever since then to get it back on the table. Success for them is at hand, unfortunately for us.
The idea behind amending the bankruptcy law is to stop people from taking advantage of the system. Stop those who would abuse the law by hiding their assets in states where exemptions allow this protection and then claiming bankruptcy, thereby shedding their debt but still holding on to equity.
The reality is that the vast majority of those people seeking bankruptcy protection are not defrauding the system. These are legitimate claims of people who need a fresh start which is what bankruptcy law should be about.
Harvard Law School professor Elizabeth Warren, in her bankruptcy study found that the 90% or more of bankruptcies are still filed by people who get sick, get laid off, or get divorced, not by abusers. Even the industry can only show that 3% of those that go bankrupt might be abusing the system, still, this new law would harm all debtors.
Here are a few highlights of how bankruptcy law is affected:
Chapter 7 means test
Those seeking Chapter 7 must comply with income requirements. That means that they must make less that their state's annual household median income and have less than $100 per month available to repay their debts otherwise they will be forced to do a Chapter 13 bankruptcy. In Chapter 13, debtors restructure their debt and pay much of it back thereby losing that fresh start.
Increased cost of going bankrupt
|Bankruptcy lawyers will be charging more fees because there will be more paperwork and time in court. Also, the attorneys must protect themselves because the new law has reforms that could possibly hold them liable if their clients commit fraud.
Cost of living
The IRS (Internal Revenue Service) guidelines will determine allowed monthly spending for food, housing, clothing, etc. After taking these into account, the amount remaining must be used for debt repayment.
Forced credit counseling
Bankruptcy filers must seek credit counseling. This will also increase costs since they must pay counselors. However, I believe this requirement, and other aspects of the law, will crush the credit counseling industry. For one, people will simply want to fulfill this requirement so they can go bankrupt, and two, banks will reduce the "fair share" to counselors. Fair share is the percentage of the debt paid to counselors for helping to get consumers to pay. That's why I sometimes refer to credit counselors as voluntary debt collection agencies since they're paid by creditors. Banks will reduce this amount further because they know that people won't be able to avoid paying the debt back so why show they pay more to have it collected.
http://www.debtsmart.com/pages/article_law_passes.html
This bill has been in the works for eight years. President Clinton vetoed the measure back in 2000 and the banks have been fighting ever since then to get it back on the table. Success for them is at hand, unfortunately for us.
The idea behind amending the bankruptcy law is to stop people from taking advantage of the system. Stop those who would abuse the law by hiding their assets in states where exemptions allow this protection and then claiming bankruptcy, thereby shedding their debt but still holding on to equity.
The reality is that the vast majority of those people seeking bankruptcy protection are not defrauding the system. These are legitimate claims of people who need a fresh start which is what bankruptcy law should be about.
Harvard Law School professor Elizabeth Warren, in her bankruptcy study found that the 90% or more of bankruptcies are still filed by people who get sick, get laid off, or get divorced, not by abusers. Even the industry can only show that 3% of those that go bankrupt might be abusing the system, still, this new law would harm all debtors.
Here are a few highlights of how bankruptcy law is affected:
Chapter 7 means test
Those seeking Chapter 7 must comply with income requirements. That means that they must make less that their state's annual household median income and have less than $100 per month available to repay their debts otherwise they will be forced to do a Chapter 13 bankruptcy. In Chapter 13, debtors restructure their debt and pay much of it back thereby losing that fresh start.
Increased cost of going bankrupt
|Bankruptcy lawyers will be charging more fees because there will be more paperwork and time in court. Also, the attorneys must protect themselves because the new law has reforms that could possibly hold them liable if their clients commit fraud.
Cost of living
The IRS (Internal Revenue Service) guidelines will determine allowed monthly spending for food, housing, clothing, etc. After taking these into account, the amount remaining must be used for debt repayment.
Forced credit counseling
Bankruptcy filers must seek credit counseling. This will also increase costs since they must pay counselors. However, I believe this requirement, and other aspects of the law, will crush the credit counseling industry. For one, people will simply want to fulfill this requirement so they can go bankrupt, and two, banks will reduce the "fair share" to counselors. Fair share is the percentage of the debt paid to counselors for helping to get consumers to pay. That's why I sometimes refer to credit counselors as voluntary debt collection agencies since they're paid by creditors. Banks will reduce this amount further because they know that people won't be able to avoid paying the debt back so why show they pay more to have it collected.
http://www.debtsmart.com/pages/article_law_passes.html
Monday, October 15, 2007
Attorneys Blog Provides Plain Talk About Bankruptcy
People looking for straight answers about bankruptcy, including the new laws going into effect this fall, can find them online at http://www.legalhelpers.com/blog/.
Richard K. Gustafson II, www.legalhelpers.com/legal_helpers/profile_r_gustafson.html, a partner with Legal Helpers, P.C., began writing a semi-daily blog on the firms personal bankruptcy information and assistance site, www.LegalHelpers.com.
In his blog, Gustafson writes in an informal style that will simplify bankruptcy and the law in plain language, he said. Besides drawing on his experiences from more than 11 years as a bankruptcy attorney, the blog will also explain parts of the new bankruptcy laws that go into effect Oct. 17, 2005.
I'll be blogging about personal bankruptcy; how it works, the impact it has on people's lives, and Ill touch on many of the human factors involved in bankruptcy, such as the emotional impact of how it affects people and their families, he explained in his first entry.
His writing will also reflect his deep-rooted sense of ethics, coupled with an uncompromising commitment to aggressive representation of his clients, he said.
Gustafson has advised and represented thousands of consumer bankruptcy clients during his 11-1/2 years as a bankruptcy attorney and is a manager of the bankruptcy practice group at Macey & Aleman.
Gustafson grew up in Wichita Falls, Tx. graduating from the University of the South in Sewanee, Tn., in 1990 with a B.A. in Political Science and Economics and earned his J.D. from Chicagos DePaul University College of Law in 1993.
Gustafson joined Macey & Aleman in 2000, being named a partner at the end of 2003, after working as an associate attorney in the Law Office of Peter F. Geraci. He became a member of the Illinois Bar in 1993, of the California Bar in 1997 and of the Indiana Bar in 2001. He currently lives in Evanston with his wife and two children.
http://www.mad4money.com/Attorneys_Blog_Provides_Plain_Talk_About_Bankruptcy.html
Richard K. Gustafson II, www.legalhelpers.com/legal_helpers/profile_r_gustafson.html, a partner with Legal Helpers, P.C., began writing a semi-daily blog on the firms personal bankruptcy information and assistance site, www.LegalHelpers.com.
In his blog, Gustafson writes in an informal style that will simplify bankruptcy and the law in plain language, he said. Besides drawing on his experiences from more than 11 years as a bankruptcy attorney, the blog will also explain parts of the new bankruptcy laws that go into effect Oct. 17, 2005.
I'll be blogging about personal bankruptcy; how it works, the impact it has on people's lives, and Ill touch on many of the human factors involved in bankruptcy, such as the emotional impact of how it affects people and their families, he explained in his first entry.
His writing will also reflect his deep-rooted sense of ethics, coupled with an uncompromising commitment to aggressive representation of his clients, he said.
Gustafson has advised and represented thousands of consumer bankruptcy clients during his 11-1/2 years as a bankruptcy attorney and is a manager of the bankruptcy practice group at Macey & Aleman.
Gustafson grew up in Wichita Falls, Tx. graduating from the University of the South in Sewanee, Tn., in 1990 with a B.A. in Political Science and Economics and earned his J.D. from Chicagos DePaul University College of Law in 1993.
Gustafson joined Macey & Aleman in 2000, being named a partner at the end of 2003, after working as an associate attorney in the Law Office of Peter F. Geraci. He became a member of the Illinois Bar in 1993, of the California Bar in 1997 and of the Indiana Bar in 2001. He currently lives in Evanston with his wife and two children.
http://www.mad4money.com/Attorneys_Blog_Provides_Plain_Talk_About_Bankruptcy.html
Saturday, October 13, 2007
Federal Bankruptcy Laws
Federal bankruptcy laws are only for companies and firms that wish to file for bankruptcy, individuals cannot go for these options. Chapter 11 and Chapter 7 are the two main categories of federal bankruptcy laws that businesses can choose from.
Chapter 11 provides the company or firm with an opportunity to rebuild the business in spite of crippling debts. The federal court plays an active part in such cases, as it has to give the approval for all the business decisions made once the case is filed. Chapter 11 is preferred to Chapter 7 because the company will not be closed to liquidate its assets in this instance. Also, unlike in Chapter 7, the company does not become a security asset for lien and can still be run as usual.
Like a trustee in Chapter 7 and Chapter 13 cases, the SEC plays an important role in Chapter 11. The SEC has to determine if the case is fraudulent and if the company or firm really needs to file the case instead of just pretension for the benefit of the shareholders and investors. If the company is involved in trading after it has filed for bankruptcy, then the details relating to such must be registered with the SEC.
The money will be repaid to the creditors as decided by the law. Bondholders and investors with secured collateral are usually paid first. Stockholders will be paid only if the company is able to stand back on its feet and able to make some profits in spite of filing the bankruptcy case. However, they may continue to trade with their existing stock in the local stock market unless the company liquidates these shares. Owners will be paid last after all the debt is returned to all the above-mentioned people involved with the company.
During bankruptcy, the company might not be able to provide the bondholders with principle and the stockholders with dividendsPsychology Articles, but they might try to make up for this by providing then with new stock that they put on the market for regaining their stand. The stockholders might not even receive this if the company has more liabilities than assets. A re-organization plan is prepared by a committee of creditors and stockholders of that company and of those appointed by the trustee to enable the company to buy more time while trying to get on to its feet. This plan is reviewed by the SEC and then has to be approved by the court before being put into action.
http://www.articlesfactory.com/articles/finance/federal-bankruptcy-laws.html
Chapter 11 provides the company or firm with an opportunity to rebuild the business in spite of crippling debts. The federal court plays an active part in such cases, as it has to give the approval for all the business decisions made once the case is filed. Chapter 11 is preferred to Chapter 7 because the company will not be closed to liquidate its assets in this instance. Also, unlike in Chapter 7, the company does not become a security asset for lien and can still be run as usual.
Like a trustee in Chapter 7 and Chapter 13 cases, the SEC plays an important role in Chapter 11. The SEC has to determine if the case is fraudulent and if the company or firm really needs to file the case instead of just pretension for the benefit of the shareholders and investors. If the company is involved in trading after it has filed for bankruptcy, then the details relating to such must be registered with the SEC.
The money will be repaid to the creditors as decided by the law. Bondholders and investors with secured collateral are usually paid first. Stockholders will be paid only if the company is able to stand back on its feet and able to make some profits in spite of filing the bankruptcy case. However, they may continue to trade with their existing stock in the local stock market unless the company liquidates these shares. Owners will be paid last after all the debt is returned to all the above-mentioned people involved with the company.
During bankruptcy, the company might not be able to provide the bondholders with principle and the stockholders with dividendsPsychology Articles, but they might try to make up for this by providing then with new stock that they put on the market for regaining their stand. The stockholders might not even receive this if the company has more liabilities than assets. A re-organization plan is prepared by a committee of creditors and stockholders of that company and of those appointed by the trustee to enable the company to buy more time while trying to get on to its feet. This plan is reviewed by the SEC and then has to be approved by the court before being put into action.
http://www.articlesfactory.com/articles/finance/federal-bankruptcy-laws.html
Business Bankruptcy Laws
Businesses, companies, and firms can file for bankruptcy if they are on the verge of failing all their creditors and losing their position in the market. The laws that deal with such cases are federal bankruptcy laws or Chapter 11 and Chapter 13 laws.
One advantage of filing under federal bankruptcy law instead of under Chapter 7 is that this does not require the liquidating of the company. Instead, the company will be run along with the debt being paid as decided, which will give the firm or company a chance to try to make profits again. However, all the decisions made by the management after the case is files must be approved by the federal court.
In case the company files for bankruptcy under Chapter 11, all the assets remain with the company. The company may liquidate stocks and such to pay off some part of the credit but this can be solely at the company\'s discretion. However, regular reports must be sent to the court as to any decision being made in the company.
Cases filed under this law are usually very expensive and take a long time to resolve since they deal with a number of people involved in the company instead of with just one individual as in other cases. Even the filing fee for such cases is very expensive. The management must be in a position to incur all such costs when filing the case. AlsoBusiness Management Articles, a lot of planning must be done before filing the case to avoid too many delays later in the case.
The company can form a committee of creditors to come up with a plan to repay their debts. This involves simultaneously running the company and incurring new expenses and following a court-approved plan to pay off the debt. It is suggested to have attorneys in the committee to avoid litigations in the future relating to this plan.
http://www.articlesfactory.com/articles/finance/business-bankruptcy-laws.html
One advantage of filing under federal bankruptcy law instead of under Chapter 7 is that this does not require the liquidating of the company. Instead, the company will be run along with the debt being paid as decided, which will give the firm or company a chance to try to make profits again. However, all the decisions made by the management after the case is files must be approved by the federal court.
In case the company files for bankruptcy under Chapter 11, all the assets remain with the company. The company may liquidate stocks and such to pay off some part of the credit but this can be solely at the company\'s discretion. However, regular reports must be sent to the court as to any decision being made in the company.
Cases filed under this law are usually very expensive and take a long time to resolve since they deal with a number of people involved in the company instead of with just one individual as in other cases. Even the filing fee for such cases is very expensive. The management must be in a position to incur all such costs when filing the case. AlsoBusiness Management Articles, a lot of planning must be done before filing the case to avoid too many delays later in the case.
The company can form a committee of creditors to come up with a plan to repay their debts. This involves simultaneously running the company and incurring new expenses and following a court-approved plan to pay off the debt. It is suggested to have attorneys in the committee to avoid litigations in the future relating to this plan.
http://www.articlesfactory.com/articles/finance/business-bankruptcy-laws.html
Atlanta Bankruptcy Lawyers
Bankruptcy derives its meaning from the Italian word \"banca rotta\", which means broken bench. Broken bench represents the ancient Italian custom of breaking a businessman\'s trading bench if he did not pay his debts. Over the centuries, the law has been framed to protect the interests of both creditors as well as debtors as a decent way to manage the debtor\'s financial crisis. The US bankruptcy law is a court process for managing bankruptcy that may hit both consumers as well as businesses. A bankruptcy lawyer would help to eliminate and repay debts as per the bankruptcy court\'s protection system.
Bankruptcy is of two kinds: liquidation and reorganization. Liquidation bankruptcy, covered under Chapter 7, involves the wiping out of the debts by selling nonexempt property and using the credits to pay the creditors. On the other hand, in a reorganization bankruptcy, which is covered under Chapters 11, 12 and 13, the debtor makes a plan to repay either a part of the debt or the entire debt. The pay off period under reorganized bankruptcy is usually around 3 to 5 years.
Hiring a lawyer in a bankruptcy case would prove to be very useful at all stages of the bankruptcy process. Bankruptcy lawyers would help in settling unsecured accounts like credit cards, personal loans, utility bills etc for less than the debt amount, thus providing an alternative to bankruptcy. Bankruptcy lawyers would also help to evaluate the options as to the kind of bankruptcy that has to be filed. They also help to settle assets in order and handle the files if the debts are too large and involve considerable assets.
Bankruptcy forms in Georgia are also similar to those in other states, though some additional forms may be required as per local rules. Atlanta bankruptcy lawyers are bound by the fee guidelines given by the Atlanta bankruptcy court. These fees are similar to those paid to bankruptcy lawyers in other major metropolitan area in the US. While choosing a bankruptcy lawyer in Atlanta, care should be taken to select one who has experience in handling bankruptcy cases and who has a proven track record of handling such cases successfully.
Information about Atlanta bankruptcy lawyers is available in yellow pages, via search engines like Google and Yahoo, and through advertisements of law firms. There are also attorney directories available on the internet which would provide comprehensive information about Atlanta bankruptcy lawyers. Information about Atlanta bankruptcy lawyers is also available through the county bar association and the state Bar AssociationFind Article, which is a part of the American Bar Association. Friends and family members may also provide useful referrals for good bankruptcy lawyers.
http://www.articlesfactory.com/articles/law/atlanta-bankruptcy-lawyers.html
Bankruptcy is of two kinds: liquidation and reorganization. Liquidation bankruptcy, covered under Chapter 7, involves the wiping out of the debts by selling nonexempt property and using the credits to pay the creditors. On the other hand, in a reorganization bankruptcy, which is covered under Chapters 11, 12 and 13, the debtor makes a plan to repay either a part of the debt or the entire debt. The pay off period under reorganized bankruptcy is usually around 3 to 5 years.
Hiring a lawyer in a bankruptcy case would prove to be very useful at all stages of the bankruptcy process. Bankruptcy lawyers would help in settling unsecured accounts like credit cards, personal loans, utility bills etc for less than the debt amount, thus providing an alternative to bankruptcy. Bankruptcy lawyers would also help to evaluate the options as to the kind of bankruptcy that has to be filed. They also help to settle assets in order and handle the files if the debts are too large and involve considerable assets.
Bankruptcy forms in Georgia are also similar to those in other states, though some additional forms may be required as per local rules. Atlanta bankruptcy lawyers are bound by the fee guidelines given by the Atlanta bankruptcy court. These fees are similar to those paid to bankruptcy lawyers in other major metropolitan area in the US. While choosing a bankruptcy lawyer in Atlanta, care should be taken to select one who has experience in handling bankruptcy cases and who has a proven track record of handling such cases successfully.
Information about Atlanta bankruptcy lawyers is available in yellow pages, via search engines like Google and Yahoo, and through advertisements of law firms. There are also attorney directories available on the internet which would provide comprehensive information about Atlanta bankruptcy lawyers. Information about Atlanta bankruptcy lawyers is also available through the county bar association and the state Bar AssociationFind Article, which is a part of the American Bar Association. Friends and family members may also provide useful referrals for good bankruptcy lawyers.
http://www.articlesfactory.com/articles/law/atlanta-bankruptcy-lawyers.html
Second Mortgage Loans After Bankruptcy
The purpose of bankruptcy is to give the debtor a new start in his life by repaying creditors in a systematic way. Thus, bankruptcy does not prevent anybody from taking a loan. Today, the lending rules are becoming much more relaxed, and you should not worry that you have lost your dream to buy a home or acquire a property even after you have gone bankrupt.
A second mortgage after bankruptcy requires at least two years waiting on part of the borrower. He should also pay all the bills on time during this period and save for the down payment amount, if possible. One fact that you have to keep in mind is that you may not qualify for the best interest rates, but your determined efforts to re-establish your credit could convince the creditor. A large down payment might impress the lender, and he may offer a lower interest rate. PMI is the other factor that would be involved, due to the poor credit history. Avoid mortgages with two to three years of prepayment penalties. Remember, the rates on mortgage after insolvency may be up to 12 times higher than that of the regular mortgage.
If you plan to get a mortgage within two years of bankruptcy discharge, you have to provide evidence for the flawless on-time payments you have made since your bankruptcy. But after the two-year waiting period, it is easy to get a mortgage with a small down payment, and you may even qualify for a 100% mortgage.
http://www.articlesfactory.com/articles/finance/second-mortgage-loans-after-bankruptcy.html
A second mortgage after bankruptcy requires at least two years waiting on part of the borrower. He should also pay all the bills on time during this period and save for the down payment amount, if possible. One fact that you have to keep in mind is that you may not qualify for the best interest rates, but your determined efforts to re-establish your credit could convince the creditor. A large down payment might impress the lender, and he may offer a lower interest rate. PMI is the other factor that would be involved, due to the poor credit history. Avoid mortgages with two to three years of prepayment penalties. Remember, the rates on mortgage after insolvency may be up to 12 times higher than that of the regular mortgage.
If you plan to get a mortgage within two years of bankruptcy discharge, you have to provide evidence for the flawless on-time payments you have made since your bankruptcy. But after the two-year waiting period, it is easy to get a mortgage with a small down payment, and you may even qualify for a 100% mortgage.
http://www.articlesfactory.com/articles/finance/second-mortgage-loans-after-bankruptcy.html
A Little Advice for Those Considering Chapter 7 Bankruptcy
If you are in a tough financial situation, you may be considering Chapter 7 Bankruptcy. Before you move forward, consider several alternatives first. If your financial pressures are due to Credit Card or other debt, consider debt consolidation or working with a financial counselor. You may have already taken those steps and find no other options than bankruptcy.
Chapter 7 bankruptcy may help you in eliminated most kinds of unsecured debt. Examples of these debts are credit cards; personal loans, judgments, and medical bills.
Most of the time, you can keep your property. You must be current on your car and mortgage payment. In addition, the courts will assess the amount of equity you have in your current property. If you have significant equity, you may be asked to leverage your equity to pay your debts first. The goal with Chapter 7 is to eliminate your debt while keeping your personal belongings.
There are some key facts that you need to know before you commit to Chapter 7 bankruptcy.
Here are a few answers to common questions for those filing for Chapter 7. Please read further.
Will creditors continue to harass me?
You will want to retain a Chapter 7 Attorney immediately. By working with a specialized attorney, they will immediately give you record number. When the creditors call, you can give them your record number and refer them to your attorney.
Will I lost everything if I file for Chapter 7?
Typically, you will retain all your personal belongings, including your house. A good Chapter 7 lawyer will insure that your personal effects are safe. Most often your car will be safe as well. Your attorney will leverage state bankruptcy exemptions to protect these items.
More often than not you will be more at risk in losing your personal property if you do not file for Chapter 7 to protect them. Make sure you file before you get so far behind that you cannot do anything and get out of the rut you find yourself in.
Will everyone know I have filed for bankruptcy?
The short answer is no. The only parties that will know are the IRS, creditors, and the bankruptcy court. Your employer will not be notified when you file for bankruptcy either unless they are also a creditor of yours. Your bankruptcy is public record but no notifications will be made.
How do I know if I should file for Bankruptcy?
If you are currently facing the repossession of your car or home, you will be better off considering Chapter 7. This will be a better alternative and you should move now before it is too late.
How do I choose a good Chapter 7 Attorney?
If you are considering Chapter 7, you must find a specialized Chapter 7 attorney that understands the laws and is current on any changes that my impact your situation.
When you call a bankruptcy attorney ask them how many bankruptcies they have handled in your state. Make sure you educate yourself on all your alternatives. You can easily do a quick search on the internet and do some quick research before you hire and commit to an attorney.
Most legitimate bankruptcy attorney’s will be able to give you a fair assessment over the phone. Make sure you share the facts with your situation. Many times people are embarrassed of their situation and they hide the facts. This will only prevent an attorney from helping you fast and getting the process underway.
We cannot stress enough the need to get several assessments of your situation. This is key in not only getting the right advice, but also to make sure you get an attorney that is sincerely in the business of helping you.
Will I ever get credit again?
Bankruptcy will be reported on your credit report for up to 10 years. That said you can start right away in establishing your credit. Lenders typically consider your debt to income ratio as well your credit history.
Filing for Chapter 7 helps you eliminate your debts, but also helps in reducing your debt to income ratio as well. This does help in establishing good credit for you in the future. Creditors are in the business to make money by lending you money. Remember this and you will be able to find a lender that will sell you money in your situation.
There are lenders in the business of helping people in your exact situation. You may not get the best interest rate, but you have to start somewhere.
Remember, you can only file for bankruptcy every six (6) years. Don’t find yourself in the same situation again! If you need financial counseling, don’t be embarrassed. Learn how to manage your incomeArticle Submission, and your debt after your bankruptcy and you will be on your way to a clean financial bill of health.
ABOUT THE AUTHOR
Matt D Murren owns and operates http://www.chapter7-bankruptcy-advisor.com Chapter 7 Bankruptcy
Chapter 7 bankruptcy may help you in eliminated most kinds of unsecured debt. Examples of these debts are credit cards; personal loans, judgments, and medical bills.
Most of the time, you can keep your property. You must be current on your car and mortgage payment. In addition, the courts will assess the amount of equity you have in your current property. If you have significant equity, you may be asked to leverage your equity to pay your debts first. The goal with Chapter 7 is to eliminate your debt while keeping your personal belongings.
There are some key facts that you need to know before you commit to Chapter 7 bankruptcy.
Here are a few answers to common questions for those filing for Chapter 7. Please read further.
Will creditors continue to harass me?
You will want to retain a Chapter 7 Attorney immediately. By working with a specialized attorney, they will immediately give you record number. When the creditors call, you can give them your record number and refer them to your attorney.
Will I lost everything if I file for Chapter 7?
Typically, you will retain all your personal belongings, including your house. A good Chapter 7 lawyer will insure that your personal effects are safe. Most often your car will be safe as well. Your attorney will leverage state bankruptcy exemptions to protect these items.
More often than not you will be more at risk in losing your personal property if you do not file for Chapter 7 to protect them. Make sure you file before you get so far behind that you cannot do anything and get out of the rut you find yourself in.
Will everyone know I have filed for bankruptcy?
The short answer is no. The only parties that will know are the IRS, creditors, and the bankruptcy court. Your employer will not be notified when you file for bankruptcy either unless they are also a creditor of yours. Your bankruptcy is public record but no notifications will be made.
How do I know if I should file for Bankruptcy?
If you are currently facing the repossession of your car or home, you will be better off considering Chapter 7. This will be a better alternative and you should move now before it is too late.
How do I choose a good Chapter 7 Attorney?
If you are considering Chapter 7, you must find a specialized Chapter 7 attorney that understands the laws and is current on any changes that my impact your situation.
When you call a bankruptcy attorney ask them how many bankruptcies they have handled in your state. Make sure you educate yourself on all your alternatives. You can easily do a quick search on the internet and do some quick research before you hire and commit to an attorney.
Most legitimate bankruptcy attorney’s will be able to give you a fair assessment over the phone. Make sure you share the facts with your situation. Many times people are embarrassed of their situation and they hide the facts. This will only prevent an attorney from helping you fast and getting the process underway.
We cannot stress enough the need to get several assessments of your situation. This is key in not only getting the right advice, but also to make sure you get an attorney that is sincerely in the business of helping you.
Will I ever get credit again?
Bankruptcy will be reported on your credit report for up to 10 years. That said you can start right away in establishing your credit. Lenders typically consider your debt to income ratio as well your credit history.
Filing for Chapter 7 helps you eliminate your debts, but also helps in reducing your debt to income ratio as well. This does help in establishing good credit for you in the future. Creditors are in the business to make money by lending you money. Remember this and you will be able to find a lender that will sell you money in your situation.
There are lenders in the business of helping people in your exact situation. You may not get the best interest rate, but you have to start somewhere.
Remember, you can only file for bankruptcy every six (6) years. Don’t find yourself in the same situation again! If you need financial counseling, don’t be embarrassed. Learn how to manage your incomeArticle Submission, and your debt after your bankruptcy and you will be on your way to a clean financial bill of health.
ABOUT THE AUTHOR
Matt D Murren owns and operates http://www.chapter7-bankruptcy-advisor.com Chapter 7 Bankruptcy
What Happens to Property in a Chapter 7 Bankruptcy Case?
Chapter 7 bankruptcy is a fresh start bankruptcy. A person lists all of his debts in a bankruptcy petition which is filed with the U.S. Bankruptcy Clerk. A typical Chapter 7 debtor receives a fresh start in that many of the debts in a Chapter 7 bankruptcy case are eliminated. There are exceptions to this general scenario which I will explain in greater detail later. Chapter 7 is basically for a person who does not have significant assets and who is strapped with an overburdening amount of unsecured debts. Unsecured debts are debts that are not secured by some form of property. These commonly include debts from credit cards, medical bills, personal loans, utilities, auto deficiencies as a result of a repossessed auto and rental deficiencies among others. Since there is no property or security attached to those debts, the debt is easily eliminated in a Chapter 7 bankruptcy case. Debts that are secured by property such as houses and cars are treated differently in a Chapter 7 bankruptcy case. Those debts must continue to be paid if the debtor wishes to keep the properties.
Options with regard to secured property:
The debtor can simply continue to make the contracted payment, on time, just as he did before he filed for bankruptcy relief. This act of continuing to pay on a debt is known as reaffirming a debt. By reaffirming on a debt, the debtor re-obligates himself on the loan. Another option would be to surrender the property and eliminate the underlying debt. The third option would be to redeem the property secured by the creditor. The act of redemption involves making a lump sum payment for the market value of the property. Since a debtor rarely has the ability to make such a payment, the redemption option is really not invoked all that often. The final option with regard to secured debt is to continue to make voluntary payments on the property. This is sometimes known as the fourth option; however, this option only exists in certain states. This option does not exist with regard to purchase money security interests. A typical purchase money security interest would be a furniture purchase, jewelry purchase or household appliance purchase. The voluntary payment option does exist with regard to real estate property in those states that permit the fourth option.
Property that can be kept in a Chapter 7 bankruptcy
If a person has significant assets, he will not likely decide to file a Chapter 7 bankruptcy. This is because there are limits on the amount of value that one can keep free and clear while at the same time being able to eliminate miscellaneous debt. Each state has exemption amounts that can be readily utilized by a debtor to protect property while he is in a bankruptcy. There are Federal exemptions and individual state exemptions. Some states utilize the Federal exemptions, other utilize the state exemptions, while other states can elect between the two. Obviously, if a debtor resides in a state in which an election can be made, the debtor will choose the exemption that best protects his property. The exemption limits differ so it is extremely important to discuss your rights and options with a qualified attorney who concentrates in bankruptcy law. If property is not protected properly by miss-applying the proper exemption and the proper amount of the exemption, property can be taken in exchange for the fresh start.
How is equity determined?
Some people struggle with the concept of equity in property. They don't know whether it is the market value, the amount owed, both or neither. Here is a simple way to calculate the equity in property. First of all, think of equity as ownership. The amount of equity in property is the amount of ownership that you have in the property. For example, let's say that you have a home with a market value of $250,000.00. Let's further say that you have a mortgage on the property with an outstanding balance of $200,000.00. When you take the market value of the property and subtract the mortgage debt associated with the property, you are left with the equity. In the above example, the equity or ownership in the property would equal $50,000.00. This same concept would apply to vehicles, boats, jewelry, furniture and any other property that is secured by a lien.
How is fair market value calculated?
Another issue arises when calculating the fair market value of property. Fair market value of property is not what you think it is worth. Rather, it is what the property would sell for if placed on the market for a reasonable period of time. When it comes to real estate property, market value can be determined by obtaining an appraisal. Since appraisals can be costly, another option is to get a free, market evaluation from a licensed realtor. Any dedicated realtor would be happy to provide a listing of comparable homes that are currently listed in your area or that have recently sold in your area. When requesting your free market analysis, advise the realtor that you are looking for an accurate evaluation. You don't want one that is elevated or unrealistic. You want one that will accurately list the likely price that the home would sell for if place on the open market. You can check general home values at http://www.realtor.com or http://www.housevalues.com. With regard to autos, you can check the value with Kelly Blue Book or N.A.D.A. (www.kbb.com) You can also have the vehicle evaluated by an auto dealership. They will put in writing what you car is worth as a trade-in. Of courseHealth Fitness Articles, don't rely on only one person or entity to provide a market value for your property. Check with a few sources so that you know that the values being provided are accurate.
http://www.articlesfactory.com/articles/law/what-happens-to-property-in-a-chapter-7-bankruptcy-case.html
Options with regard to secured property:
The debtor can simply continue to make the contracted payment, on time, just as he did before he filed for bankruptcy relief. This act of continuing to pay on a debt is known as reaffirming a debt. By reaffirming on a debt, the debtor re-obligates himself on the loan. Another option would be to surrender the property and eliminate the underlying debt. The third option would be to redeem the property secured by the creditor. The act of redemption involves making a lump sum payment for the market value of the property. Since a debtor rarely has the ability to make such a payment, the redemption option is really not invoked all that often. The final option with regard to secured debt is to continue to make voluntary payments on the property. This is sometimes known as the fourth option; however, this option only exists in certain states. This option does not exist with regard to purchase money security interests. A typical purchase money security interest would be a furniture purchase, jewelry purchase or household appliance purchase. The voluntary payment option does exist with regard to real estate property in those states that permit the fourth option.
Property that can be kept in a Chapter 7 bankruptcy
If a person has significant assets, he will not likely decide to file a Chapter 7 bankruptcy. This is because there are limits on the amount of value that one can keep free and clear while at the same time being able to eliminate miscellaneous debt. Each state has exemption amounts that can be readily utilized by a debtor to protect property while he is in a bankruptcy. There are Federal exemptions and individual state exemptions. Some states utilize the Federal exemptions, other utilize the state exemptions, while other states can elect between the two. Obviously, if a debtor resides in a state in which an election can be made, the debtor will choose the exemption that best protects his property. The exemption limits differ so it is extremely important to discuss your rights and options with a qualified attorney who concentrates in bankruptcy law. If property is not protected properly by miss-applying the proper exemption and the proper amount of the exemption, property can be taken in exchange for the fresh start.
How is equity determined?
Some people struggle with the concept of equity in property. They don't know whether it is the market value, the amount owed, both or neither. Here is a simple way to calculate the equity in property. First of all, think of equity as ownership. The amount of equity in property is the amount of ownership that you have in the property. For example, let's say that you have a home with a market value of $250,000.00. Let's further say that you have a mortgage on the property with an outstanding balance of $200,000.00. When you take the market value of the property and subtract the mortgage debt associated with the property, you are left with the equity. In the above example, the equity or ownership in the property would equal $50,000.00. This same concept would apply to vehicles, boats, jewelry, furniture and any other property that is secured by a lien.
How is fair market value calculated?
Another issue arises when calculating the fair market value of property. Fair market value of property is not what you think it is worth. Rather, it is what the property would sell for if placed on the market for a reasonable period of time. When it comes to real estate property, market value can be determined by obtaining an appraisal. Since appraisals can be costly, another option is to get a free, market evaluation from a licensed realtor. Any dedicated realtor would be happy to provide a listing of comparable homes that are currently listed in your area or that have recently sold in your area. When requesting your free market analysis, advise the realtor that you are looking for an accurate evaluation. You don't want one that is elevated or unrealistic. You want one that will accurately list the likely price that the home would sell for if place on the open market. You can check general home values at http://www.realtor.com or http://www.housevalues.com. With regard to autos, you can check the value with Kelly Blue Book or N.A.D.A. (www.kbb.com) You can also have the vehicle evaluated by an auto dealership. They will put in writing what you car is worth as a trade-in. Of courseHealth Fitness Articles, don't rely on only one person or entity to provide a market value for your property. Check with a few sources so that you know that the values being provided are accurate.
http://www.articlesfactory.com/articles/law/what-happens-to-property-in-a-chapter-7-bankruptcy-case.html
Greatest Bankruptcy Weapon: The Automatic Stay
Illustrates the power of the automatic stay in bankruptcy proceedings.
The Debtor's Greatest Weapon, The Automatic Stay
Immediately when your bankruptcy case is filed, an automatic stay is created. An automatic stay is the equivalent of a restraining order that prevents creditors from taking certain collection actions against you. These collection actions include: Telephoning you at home, at work or on your cell phone; Filing lawsuits against you or continuing with lawsuits that are already in progress; Repossession attempts; Foreclosure proceedings; Wage or bank garnishments; Recording any liens or judgments; Anything that attempts to collect a debt or improve a creditor's position as it relates to you and your underlying debt.
The Automatic Stay Is Not Absolute
There are exceptions to the automatic stay, especially in the case of re-filings. Creditor actions are not stayed in the following circumstances: Criminal actions. Filing a bankruptcy case will not prevent Federal, State or local authorities from pursuing their criminal action against you. Lawsuits involving child support or spousal support are not stayed and can be pursued despite your bankruptcy filing. Actions by governmental units to enforce a police power are not stayed.
Recent Changes
There are many changes that have occurred in the area of automatic stays since bankruptcy reform generally went into effect October 17, 2005. The major changes have to do with repetitive bankruptcy filings. If you file a second bankruptcy case within one year of a prior filing, the automatic stay will only go into effect for thirty days, unless you can prove to the court that the second filing was filed in good faith. You must file a motion and have it heard before the Judge, prior to the expiration of the thirty day period. The motion can be brought against one particular creditor, or more likely, against all creditors. After notice and a hearing, the court will rule one way or another. You have the burden of proving that the second case was filed in good faith. This can be accomplished by showing a positive change in your circumstances such as higher, more stable income. Another example would be if you recovered from a serious medical condition which had previously prevented you from gainful employment. If you file a third bankruptcy case within one year of two prior filings, the automatic stay will not go into effect at all. You can attempt to invoke the automatic stay by bringing a motion, similar to the one mentioned above, showing that the third filing was made in good faith. Although not impossible, it would require a very compelling reason to convince the court to allow the stay to be imposed on a third filing within one year. In eviction cases, if the landlord has already obtained a judgment for possession prior to the bankruptcy case filingComputer Technology Articles, then there is no automatic stay. You should file your bankruptcy case prior to the landlord obtaining a judgment so that the stay can go into effect. There is also no stay if the eviction is based upon endangerment of the rental property or an illegal use of controlled substances is occurring on the premises and the eviction started prior to the bankruptcy case being filed.
http://www.articlesfactory.com/articles/law/greatest-bankruptcy-weapon-the-automatic-stay.html
The Debtor's Greatest Weapon, The Automatic Stay
Immediately when your bankruptcy case is filed, an automatic stay is created. An automatic stay is the equivalent of a restraining order that prevents creditors from taking certain collection actions against you. These collection actions include: Telephoning you at home, at work or on your cell phone; Filing lawsuits against you or continuing with lawsuits that are already in progress; Repossession attempts; Foreclosure proceedings; Wage or bank garnishments; Recording any liens or judgments; Anything that attempts to collect a debt or improve a creditor's position as it relates to you and your underlying debt.
The Automatic Stay Is Not Absolute
There are exceptions to the automatic stay, especially in the case of re-filings. Creditor actions are not stayed in the following circumstances: Criminal actions. Filing a bankruptcy case will not prevent Federal, State or local authorities from pursuing their criminal action against you. Lawsuits involving child support or spousal support are not stayed and can be pursued despite your bankruptcy filing. Actions by governmental units to enforce a police power are not stayed.
Recent Changes
There are many changes that have occurred in the area of automatic stays since bankruptcy reform generally went into effect October 17, 2005. The major changes have to do with repetitive bankruptcy filings. If you file a second bankruptcy case within one year of a prior filing, the automatic stay will only go into effect for thirty days, unless you can prove to the court that the second filing was filed in good faith. You must file a motion and have it heard before the Judge, prior to the expiration of the thirty day period. The motion can be brought against one particular creditor, or more likely, against all creditors. After notice and a hearing, the court will rule one way or another. You have the burden of proving that the second case was filed in good faith. This can be accomplished by showing a positive change in your circumstances such as higher, more stable income. Another example would be if you recovered from a serious medical condition which had previously prevented you from gainful employment. If you file a third bankruptcy case within one year of two prior filings, the automatic stay will not go into effect at all. You can attempt to invoke the automatic stay by bringing a motion, similar to the one mentioned above, showing that the third filing was made in good faith. Although not impossible, it would require a very compelling reason to convince the court to allow the stay to be imposed on a third filing within one year. In eviction cases, if the landlord has already obtained a judgment for possession prior to the bankruptcy case filingComputer Technology Articles, then there is no automatic stay. You should file your bankruptcy case prior to the landlord obtaining a judgment so that the stay can go into effect. There is also no stay if the eviction is based upon endangerment of the rental property or an illegal use of controlled substances is occurring on the premises and the eviction started prior to the bankruptcy case being filed.
http://www.articlesfactory.com/articles/law/greatest-bankruptcy-weapon-the-automatic-stay.html
Get Your Credit File Back In Order After Bankruptcy!
Credit score can be severely affected by your bankruptcy. Find out what you can do, in a few simple steps, to improve your credit file...
Having a good credit score is vital to your financial future. These are the words of my local bank manager, when rejecting my credit card application, just a week after coming out of bankruptcy.
Well, it was hardly any consolation that he approved a debit card linked to my check account, I had with them for as long as my online business was active, even during me filling for the Chapter 11. His warning still rings in my ears today. So, the question arises: how to protect your credit score from bad entries that can harm your good standing with financial institutions?
Firstly, prevention is better than cure. Try to anything, in order to avoid bankruptcy. If you can get your debtors to agree on a partial repayment, go for it, and honor your obligations. Many lenders, whom you owe money, will agree to either reduce, or defray repayments of the loan, if you show that you’re genuinely interested in staving off the bankruptcy proceedings, that would result in heavy losses to them, anyway.
It’s a well known saying in the banking industry: “Always keep the communication lines open.” This will show that you’ve enough of the good will, determination and maturity, to pay back your commitments.
But, what do you do, if you had to declare personal bankruptcy, and your credit rating is seriously damaged? The answer is, you have to work to rebuild your standing, and put a few of good things on your credit file. How do you do it, if nobody wants to lend you money? Yes, it’s true; immediately after you’re released from bankruptcy, no serious loan provider will accept your loan application. This is even worse, if you remain an undischarged bankrupt. But, you can initiate small steps that will demonstrate to your prospective lenders your willingness to repair your bad credit history.
Here are some tips that should deliver a meaningful improvement in your financial position:
- Ask for a free credit report, and get to know your bad and good records.
-Start saving regularly, by depositing small amounts of money on your bank account, thus demonstrating to them, your sound financial management practices.
-Repay any outstanding loans, leases and hire agreements that you have.
-Pay all bills on time, without being prompted by default notices.
-Apply for a small loan outside of the mainstream lenders. This could be a payday loan, or a store credit.
-Try applying to your bank, for a prepaid credit card.
- Put some money in a term deposit, and keep them there as a security, for any future commitments.
If you implement more than a few of these steps, your post-bankruptcy finances will be given a chance to recover. There’s simply no other way, for anyone functioning in the contemporary American society, to do it effectively without a good credit score. Consequently, the sooner you put some serious effort into ameliorating your earlier bankruptcy-related problems, the sooner you’ll enjoy a full access to the invaluable source of money: a low interest rate credit. And when your bankruptcy fades into a distant past, you’ll be sufficiently prepared to take care of your financial affairsFree Web Content, by the way of regular savings and controlling expenses wisely.
ABOUT THE AUTHOR
After his recent bankruptcy, with his credit score badly damaged, Sam Ness has embarked on a road to better finances. Credit Issues and Americans.
Having a good credit score is vital to your financial future. These are the words of my local bank manager, when rejecting my credit card application, just a week after coming out of bankruptcy.
Well, it was hardly any consolation that he approved a debit card linked to my check account, I had with them for as long as my online business was active, even during me filling for the Chapter 11. His warning still rings in my ears today. So, the question arises: how to protect your credit score from bad entries that can harm your good standing with financial institutions?
Firstly, prevention is better than cure. Try to anything, in order to avoid bankruptcy. If you can get your debtors to agree on a partial repayment, go for it, and honor your obligations. Many lenders, whom you owe money, will agree to either reduce, or defray repayments of the loan, if you show that you’re genuinely interested in staving off the bankruptcy proceedings, that would result in heavy losses to them, anyway.
It’s a well known saying in the banking industry: “Always keep the communication lines open.” This will show that you’ve enough of the good will, determination and maturity, to pay back your commitments.
But, what do you do, if you had to declare personal bankruptcy, and your credit rating is seriously damaged? The answer is, you have to work to rebuild your standing, and put a few of good things on your credit file. How do you do it, if nobody wants to lend you money? Yes, it’s true; immediately after you’re released from bankruptcy, no serious loan provider will accept your loan application. This is even worse, if you remain an undischarged bankrupt. But, you can initiate small steps that will demonstrate to your prospective lenders your willingness to repair your bad credit history.
Here are some tips that should deliver a meaningful improvement in your financial position:
- Ask for a free credit report, and get to know your bad and good records.
-Start saving regularly, by depositing small amounts of money on your bank account, thus demonstrating to them, your sound financial management practices.
-Repay any outstanding loans, leases and hire agreements that you have.
-Pay all bills on time, without being prompted by default notices.
-Apply for a small loan outside of the mainstream lenders. This could be a payday loan, or a store credit.
-Try applying to your bank, for a prepaid credit card.
- Put some money in a term deposit, and keep them there as a security, for any future commitments.
If you implement more than a few of these steps, your post-bankruptcy finances will be given a chance to recover. There’s simply no other way, for anyone functioning in the contemporary American society, to do it effectively without a good credit score. Consequently, the sooner you put some serious effort into ameliorating your earlier bankruptcy-related problems, the sooner you’ll enjoy a full access to the invaluable source of money: a low interest rate credit. And when your bankruptcy fades into a distant past, you’ll be sufficiently prepared to take care of your financial affairsFree Web Content, by the way of regular savings and controlling expenses wisely.
ABOUT THE AUTHOR
After his recent bankruptcy, with his credit score badly damaged, Sam Ness has embarked on a road to better finances. Credit Issues and Americans.
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