Tuesday, April 24, 2007

Divorce, Debt & Credit... Facts you need to know

Before a divorce, during a divorce, and after getting a divorce you need to concern yourself with credit... credit establishment, credit files and credit scores. Though divorce and credit is a concern for both men and woman, woman tend to have the greater credit difficulty due to societal standards. Therefore, I encourage woman of any age or marital status to learn as much as possible from this and other articles. But for all men and woman, essential credit and financial matters must be addressed when contemplating a divorce in order for either and/or both parties to fiscally survive. Even if legally divorced, until finances are divorced, there is still a partnership as will soon be apparent. Here are some key points concerning credit that should be dealt with.

Joint Accounts - Joint Responsibility The Federal Trade commission says: "If you're considering divorce or separation, pay special attention to the status of your credit accounts. If you maintain joint accounts during this time, it's important to make regular payments so your credit record won't suffer. As long as there's an outstanding balance on a joint account, you and your spouse are responsible for it." If you divorce, you may want to close joint accounts or accounts in which your former spouse was an authorized user. Ask the creditor to convert these accounts to individual accounts. By law, a creditor cannot close a joint account because of a change in marital status, but can do so at the request of either spouse. A creditor, however, does not have to change joint accounts. The creditor can require you to reapply for credit on an individual basis and then, based on your new application, extend or deny you credit. In the case of a mortgage or home equity loan, a lender is likely to require refinancing to remove a spouse from the obligation. SPECIAL NOTE: any time you open an individual account, you may authorize another person to use it. A creditor who reports (good or bad) credit history to a credit bureau, will report it in the file of any person you have named as "authorized user" as well as your own file.

BEWARE - Defaulting on a Joint Account Regardless of any court decision, if one joint account holder defaults on a loan, I guarantee the creditor will not care who the court ordered to pay it. The creditor will definitely come after the other joint account holder. Even if declaring bankruptcy, a creditor will make every effort to reclaim their lost revenue or property from the surviving spouse. Therefore be fully aware that if a creditor does not agree to transfer joint accounts to an individual, then both of you are still responsible for full repayment to the creditor, regardless of how you've agreed to split the bills in the divorce settlement. If a spouse fails to make a payment, a creditor will come after the remaining joint holder, regardless of any divorce agreement. Additionally both joint holders will have negative comments on their credit file regardless of fault.

Experian Offers Tips Experian says, "There are several ways you can prevent credit obligations from making divorce more difficult - and reestablish your own distinct credit lines after divorce occurs. You may wish to consider the following: Communicate with your ex-spouse. Make as clean a financial cut as possible. Communicate with your creditors. Decide which credit belongs to whom, then ask each company and bank that extended you credit to transfer the debt to the name of the person who will be responsible. During divorce negotiations, keep your joint bills current, even if you ultimately will have no responsibility for the debt. If you don't, your creditors could become more reluctant to release one party from joint liability. Ask the credit grantor to remove your spouse's name as an authorized user or close the joint account to additional charges. If your spouse runs up large amounts of debt, you should cancel as many of the accounts as possible. Inform all creditors, in writing, that you are not responsible for these debts. This may not prevent them from trying to collect, but it does show that you attempted to act responsibly. Upon your divorce settlement, you and your ex-spouse might consider obtaining individual consolidation loans to cover your share of the joint bills. Pay off the joint bills with your individual loans and close all joint accounts. This helps ensure you'll be responsible only for those bills you agreed to pay. It also will help you establish or reestablish credit in your own name. "

Other Points To Ponder During a divorce people rarely consider the impact on their credit, yet the ramifications for failure to properly prepare for future credit can be devastating. Here then is a checklist and summary for a potential divorce in order to best protect your credit and rating. Get a bank account in your name only. Get at least one unsecured credit card in your name only. At a minimum get a secured credit card but in your name only. (This should occur whether divorcing or not.) Ask to freeze any joint accounts with an outstanding asset or liability (bank, credit card, loans, etc.) so that both signatures are required before any transactions can be made. Notify all creditors in writing (and call them) Document dates and who spoken to: Have joint accounts closed if a zero balance or if possible have the account placed in the primary responsible party's name only; Instruct all creditors that you want all authorized users removed except the primary holder; Inform all creditors you are not responsible for charges from that point on if not in your name. The primary party may have to re-qualify with the lender. This also means whoever will be responsible for a mortgage will probably have to refinance in order to remove the secondary party's responsibility. Get copies of your 3 credit reports and inform all credit bureaus when the divorce is final. Make every effort to separate your credit file from that of your former spouse.

MyVesta and Divorce.net MyVesta.org adds the following great suggestions "Make sure your name is listed on your utility accounts, an item often overlooked by many. When you go to get credit, they often look to see if you have a phone number in your name. If you don't, even if you are listed in the phone book at that number, it can be problematic. "Before signing the divorce papers, consider one addendum: change of name authorization. Crazy as it seems, many states require your ex-spouse's signature before issuing you a driver's license or other ID in a previous or maiden name. Men who added hyphens during marriage could encounter identity trouble, as well." Divorce.net offers very fitting final thoughts. "Your spouse may be in contempt of court for disobeying a court order that requires him [or her] to pay certain bills. However, if you are jointly liable to a creditor as in the case of a mortgage or co-signed credit applications, your spouse's contempt of court is NO EXCUSE for your non-payment. It simply isn't a legally sufficient defense to say, "It's no longer my responsibility because the court ordered my spouse to pay." _______________________ And from yours truly I add this. Until you are financially divorced with your own credit established, you remain tied to your former spouse. Divorce is not the tidy little package some people would like to think it is. It is not simply a matter of walking out one day. Over and above issues of child support and alimony, there are other financial ramifications beyond the emotional ones. The greater the communication at these times on both parts, the less of an impact there will be to both parties and the sooner the final separation will occur. Communication is critical in a marriage. It is just as critical in a divorce.

About the Author

Mike has been an Internet Guide/Writer in the field of Credit/Debt Management for over 10 years. His site was awarded Best Of Net by Forbes Publication from 2000 to 2005 with site visitation doubling to over 500,000 average views per month in the last year. He has also offered debt elimination seminars to businesses and community colleges for the last 9 years. He has been interviewed,and referenced in numerous publications. http://learncreditmanagement.com/

Which Level Of Debt Consolidation Is Your Financial Situation Screaming For?

If you are considering debt consolidation, the biggest mistake you could possibly make is to take out another loan. If you are drowning in deep credit card debt, consolidation is definitely a high priority, but you might be able to prioritize and reorganize your payments without having to go deeper into debt.

Many consumers today don't realize that they have many options available to help them handle their debts. A debt consolidation loan is just one alternative in a long list of debt relief options. A consolidation loan should be considered only after evaluating all your debts and coming up with a Plan Of Action! You must be certain that you are making the most practical decision based upon you're specific financial situation.

Most consumers considering debt consolidation have read a few articles here or there, but don't understand the magnitude of what debt consolidation really is or how it will affect their credit in the long run. For example, if there is a way to get out of debt without having to go through credit counseling or debt settlement for example, you could preserve your credit score and qualify for much lower interest rates in the future saving you thousands of dollars.

The point is, there are different levels of debt consolidation, you should choose the level that best suits the severity of your financial situation.

Basically, there are six levels of debt consolidation, try out step one, if it works well for you, great! Use it to get out of debt. If not, move to step two and give it a shot. Each step gets a bit more drastic and affects your credit score a bit more, but there is a debt consolidation action plan that will work for you.

Step One is constructing a Debt Pay Off Plan. Many consumers have stacks of bills and credit cards that they pay monthly, but have no idea exactly what they owe or how many months of payments must be made until their debts are paid in full.

If you truly want to get out of debt, it is imperative that you know exactly what you owe and have a specific repayment plan in place. With a clear plan, many people who once thought their only hope was to file bankruptcy found out that they really can handle their own debts with a rock solid debt consolidation pay off plan.

The secret to a successful debt consolidation pay off plan is to reorganize payments so that as much money as possible goes toward paying down the principle debt, and as little as possible goes toward paying interest.

There are two keys to optimizing your debt consolidation payments this way; one is having a rock solid written plan for paying off your debts, and the other is knowing the mathmatical formula to pay off your debts as fast as possible.

About the Author

Get the exact forumla you need to Pay Your Debts Off Fast and check out all six levels of Debt Consolidation at OutofDebt4Good.com.

Free Debt Consolidation to Avoid Bankruptcy

Most likely you are reading this article because you typed "free debt consolidation" in your browser window. You certainly had a lot of hits on that one and this is just one article of many. One of the things you will have noticed if you start reading articles that seem to be about this concept that there is really a lot of differing information in them. One main reason for this is the fact that there is a lot of ambiguity surrounding the term "free". You may find an article that talks about free debt consolidation and they really mean there is no fee for the service. You may find another where the concept of free really only refers to the free material you can receive to learn more about debt consolidation.

So here we will discuss both of these concepts.
Free debt consolidation would appear to mean that you can have your debt consolidated into one single loan and you will not have to pay anything for this service. If you are someone who believes there is no such thing as a free lunch, you will probably be skeptical about this and assume there must be hidden fees involved, or they are just lying. Well, the truth lies somewhere in the middle. There are companies, which are true non profit companies that will help you to look at all of your debt and plan the best way to pay down the debt and also advise you on a budget and keeping within it. This is not the same as a debt consolidation company that will take your current bills and pay them down and you pay that company back at a slower rate; these non profit firms are not able to do this and this is not a service that usually comes for free, I'm sorry to report.

If however, you are talking about obtaining a free consultation from a debt consolidation company, you certainly can obtain this service for free. Debt consolidation companies want your business, otherwise they wouldn't be in business. So they will be happy to have a representative sit down with you or speak to you over the phone about your questions regarding debt consolidation. You can always read about information regarding debt consolidation on the internet, but you may still be confused. As you are looking at the internet, you should make a list of questions to cover every topic that confuses you about debt consolidation. The representative will be happy to spend time with you to answer these questions if there is a chance they are going to get your business. While you are searching on the internet for information about debt consolidation, be sure to visit those sites that give consumer advice about unreputable debt consolidation companies, and also about how to get out of a debt consolidation contract if you do get stuck with one of them. There are even sites that will try to dissuade you from doing a debt consolidation loan. Read about that as well, since you want to know about all sides of the issue. These articles usually discuss companies that use practices that are at best, unethical, and at worst, illegal.

Whether you are online looking for information about "free" debt consolidation or about "free" information about debt consolidation, make sure you know what you are doing before you commit any funds to any organization. Even information that really is free may be totally valueless if the information is wrong. Debt consolidation that purports to be free may not be, and as you originally suspected, has hidden fees that may make your financial situation worse.

That is a reason that many debt counselors advise against using so called free debt consolidation services. You may be better off in the long run working with a company that has clearly stated written fees for their services. You know upfront what you are paying for, and you won't get stuck with hidden fees that add even further to your debt. When the charges are listed clearly, you can calculate them and know for sure that consolidating your debt is going to cost "x" %. With hidden charges that free debt consolidation companies tack on, you may be paying a much higher rate in the long run and not even know it.

About the Author

Jack Blacksmith's web pages are published on a large number of web publications with information about debt management and credit counseling. You can have a look at his writings on loans to consolidate debt over at http://www.debtania.com/consolidating.html and many different sources for loans to consolidate debt knowledge.

Why You Should Employ a Bankruptcy Lawyer to File Bankruptcy

Bankruptcy can be an overwhelming blow to an individual, a small business, or even a multi-million dollar corporation. The allocation of funds, the audits, the creditor claims, and the claiming of assets may be too much for the whole staff to handle, leave alone a single individual. More and more people are filing and declaring bankruptcy when faced with unmanageable multiple debts.

More than 2 million people filed for bankruptcy in the United States in 2006. It is extremely important to know when to file bankruptcy and what to do after bankruptcy. A bankruptcy lawyer will help you to set your assets in order and smoothly take care of the filing for bankruptcy.

File for bankruptcy with the right legal help
Under the new Bankruptcy Act of 2005, credit counseling or other options may be required. Finance professionals generally suggest that you assess your financial situation before filing for bankruptcy, as often debtors file bankruptcy without first exploring other options to settle their debts. However, if it is unavoidable, they advise debtors to seek professional help such as financial lawyers to help them understand the process and its effects. You also need to get familiar with new bankruptcy law even though you are taking legal help.

Filing for bankruptcy is complex for average people
The proceedings involved in bankruptcy are supervised by and litigated in the United States Bankruptcy Courts. There are several bankruptcy codes in America and it is very stringent regarding how to file bankruptcy. Bankruptcy codes are very confusing and deal with all of the many different classes of bankruptcy that a business or person can file. It's important to note that even though people can file different bankruptcy forms, there is only one prime bankruptcy code which deals with all of the different types of bankruptcy in the United States of America. The bankruptcy attorney decides which chapter of the code best fits the situation and accordingly he will decide to file under chapter 13 or chapter 7.

5 Helpful Tips to select Bankruptcy Attorney
1. You should contact local bar association to get a list of lawyers in your community who specialize specifically in the practice of bankruptcy law. If you are filing a personal bankruptcy case, you need to select a lawyer who is specialist in personal bankruptcy.

2. You should do your research on bankruptcy and bankruptcy lawyer in internet. You can plenty of newspaper articles, bar association notices and other information about lawyers.

3. You also should concentrate on word of mouth information. You need to listen what your friends, family members and colleagues have to say about one attorney or another.

4. You need to personally meet your lawyer before employing him. Lawyer should be attentive to you and understand your current situation.

5. Before finalizing the attorney, you need to check her fee structure. This will help you to bring order to your chaotic financial house both in the short and the long term.

A bankruptcy lawyer is well worth his cost. It will pay rich dividends through peace of mind, simplifying the procedures and probably actual money saved in following your bankruptcy attorney's advice.

Here, we are talking about bankruptcy that will be on your credit report for 10 years - spend the money to get a serious and reputed bankruptcy attorney who will work for you, not for his or her own self interests.

About the Author

Are you bankrupt and trying to get homeloan? Here you will find excellent information on home loans after bankruptcy. Author is an financial planner of 10 years experience.