The law, which took effect on October 17, 2005, has taken up the onus of making the process of filing for bankruptcy a more laborious task, for attorneys and debtors. Of course, that's one side of the coin and the shift is undoubtedly geared towards benefiting the end customer; the debtor.
The documentation that is required when filing for bankruptcy has increased. For example, the debtor must provide additional information that details all income and expenses. In cases where the expenses exceed the IRS allowance, a special circumstances document must be submitted which reasons the necessity of the extra expense incurred. A statement of accuracy must also be submitted, along with these special circumstance documents.
The attorney’s job is further diversified, and a lot of responsibility for ensuring checks is put on the attorney. A signature of the attorney certifies that the petition has been reasonably inspected, and the proceeding is not an abuse of the bankruptcy process. The attorney also certifies that the proceeding is acceptable under current law or that it is a good faith argument for the extension/modification of current law. In case of a violation, the fees of the attorney and the debtor cost can be assessed and made payable to the trustee. This will possibly work as an incentive for trustees to file more motions, perhaps resulting in the need for additional insurance or an unknown increase in current rates.
In a bid to decrease the number of people filing bankruptcy, the new law requires that debtors receive counseling from an approved credit counseling agency within six months prior to filing the bankruptcy petition. This counseling would orient clients of other options that are available to them. Such a counseling session will ensure that people don’t take an uninformed decision to file for bankruptcy.
Here again, it will be the responsibility of the attorney to ensure that the client has attended a certified counseling program. But this is just as simple as a “have you” or “have you not” verification. In Senate hearings the credit counseling industry has been described as "a network of not-for-profit companies linked to for-profit conglomerates. … plagued with consumer complaints about excessive fees, pressure tactics, nonexistent counseling and education, promised results that never come about, ruined credit ratings, poor service, in many cases being left in worse debt than before they initiated their debt management plan.” The debtors’ job is not getting any easier, with counseling required even in such cases where repayment is impossible, or where a debtor faces an unfair debt.
Further more, while in the old law in consultation with attorneys debtors chose the type of bankruptcy that they felt suited them the most, in the new law that is not to be the case. The new law will also reduce the number of people who file for Chapter 7 bankruptcy by allowing only people who fall under the median state income, adjusted for family size and inflation, and people who meet the rigorous standards under the means test to file for it. A series of complex mathematical formulas have been put in place to evaluate the rest of people who don’t make this mark. These formulas won’t be fixed, and will be revised on an annual basis when the new median incomes are released. The new law utilizes income and expense standards devised by the IRS that vary by county. There are numerous exceptions and special circumstances to the standards that must be considered for each client.
Clients who do not qualify for the aforesaid means test will be required to file for Chapter 13 bankruptcy. Also, the new law has extended the term for Chapter 13 bankruptcy from the range of three to five years, to a mandatory five-year term. Chapter 13 Bankruptcy clients will now require supervision and representation for at least five years before they receive their discharge.
The effects of the new law are such that it would require attorneys to specialize in bankruptcy. These are complex rules, and a new level of commitment towards the protection of bankruptcy clients is mandated by it.
Yes, it would seem from hereon lawyers would be harder to find, because of the kind of complications that have been introduced under the new law. The commitment of Bankruptcyhome.com is undeterred! After all, the basic tenet of bankruptcy filing remains unchanged. A change in the law does not imply a change in the basic principles that we work on. We specialize in bankruptcy litigation will continue to assist clients, even in the face of new bankruptcy legislation.
http://www.bankruptcyhome.com/bankruptcy-certification.htm
Friday, May 18, 2007
Filing Bankruptcy Process
Those who are faced with the overwhelming fact that their debts have grown to such a large amount that they might have to file for bankruptcy might not have a clue about how to go about this course. The first and foremost step to take is to put your bankrupt status on paper by filing for bankruptcy through the bankruptcy court. But how exactly does one go about it?
First of all, you should keep in mind that filing for bankruptcy is a legal process. For this reason, and for your own financial wellbeing, each decision that you make about bankruptcy should be well informed choices. That is to say, is this process something you want to take up on your own, or do you want a professional to help you? It is possible to file for bankruptcy on your own; however, it is a process that would take a lot of patience and diligence.
If you decide that you want to file for bankruptcy on your own, the first decision you have to make is which kind of bankruptcy you should file for: Chapter 7 or Chapter 13? Once again, these decisions cannot be made fast. So it would be a good idea to visit your local library and talk to a few people who might know more technical information about filing for bankruptcy.
On the other hand, it might be a safer option to get in touch with a bankruptcy lawyer who can guide you through the complicated procedure of filing for bankruptcy. You will have to provide you bankruptcy lawyer with all your personal information in order to put together and file your voluntary petition. Once the documents are filed at the bankruptcy court, you will be assigned a trustee who will see to it that all the information that is needed is collected from you and that all the information provided is accurate. The next step would be to notify your creditors that you will be filing for bankruptcy so that they will have to stop all actions they might be taking up against you to get your payments.
The later procedures include meeting the various parties who are involved in your bankruptcy case, together with your creditors and if possible your creditors’ lawyers.
While all this is going on, also keep in mind that filing for bankruptcy is a long process which will require a lot of patience. For this reason, having an experienced lawyer might make sure that everything runs smoothly.
http://www.bankruptcyhome.com/filing-bankruptcy.htm
First of all, you should keep in mind that filing for bankruptcy is a legal process. For this reason, and for your own financial wellbeing, each decision that you make about bankruptcy should be well informed choices. That is to say, is this process something you want to take up on your own, or do you want a professional to help you? It is possible to file for bankruptcy on your own; however, it is a process that would take a lot of patience and diligence.
If you decide that you want to file for bankruptcy on your own, the first decision you have to make is which kind of bankruptcy you should file for: Chapter 7 or Chapter 13? Once again, these decisions cannot be made fast. So it would be a good idea to visit your local library and talk to a few people who might know more technical information about filing for bankruptcy.
On the other hand, it might be a safer option to get in touch with a bankruptcy lawyer who can guide you through the complicated procedure of filing for bankruptcy. You will have to provide you bankruptcy lawyer with all your personal information in order to put together and file your voluntary petition. Once the documents are filed at the bankruptcy court, you will be assigned a trustee who will see to it that all the information that is needed is collected from you and that all the information provided is accurate. The next step would be to notify your creditors that you will be filing for bankruptcy so that they will have to stop all actions they might be taking up against you to get your payments.
The later procedures include meeting the various parties who are involved in your bankruptcy case, together with your creditors and if possible your creditors’ lawyers.
While all this is going on, also keep in mind that filing for bankruptcy is a long process which will require a lot of patience. For this reason, having an experienced lawyer might make sure that everything runs smoothly.
http://www.bankruptcyhome.com/filing-bankruptcy.htm
How Did This Happen?
Dear Readers, Picture This:
Your spouse is out of job, the monthly income is halved and your family is left without health insurance. Just as you are managing somehow by slashing all unnecessary expenses your child is hospitalized for a tonsillectomy. Past-due bills are piling up, the number of calls from nasty creditors, and the letters threatening to foreclose on your mortgage, are on the rise too. You contact non-profit debt counseling services who manage to keep their promise of permanently lowering interest rates on some of your outstanding bills. But six months on, and having paid the sign-up charge and monthly fee of the agency, your debt only increases. The counseling services seems to have profited more.
Claim for help is hollow, and the promise to rescue, a scam. The combination of high household debt levels and major corporate layoffs in the past few years has led to a sudden increase in many organizations that depend on people falling for these claims.
But What About The Law?
Yes, the laws are all in place to safeguard fair practices and what not, but the rise of abusive practices is phenomenal even in the face of such laws. Such credit counseling agencies are typically small and offer services such as providing help with budgeting and management of debt. Individual cases determine future course of action, with some extreme cases even steered into bankruptcy, but a majority guided towards debt management programs.
"More recently," says Winston, "a new kind of agency has arisen." Instead of being locally-based, these agencies are national. And, he adds, "they pitch their services aggressively," advertising on television, in magazines and over the Internet.
According to Winston, self-promotion was traditionally not a practice of credit counselors, but the problem with such advertising is that oftentimes it is not truthful. It has been seen that the word “non-profit” misleads people into blindly believing such organizations, and their intent.
As a note of warning, he advises people in a financial crisis to be particularly wary of organizations, and have a clear understanding of the fee structure that they follow.
You need to ask the right questions about commissions, and be wary of any possible no tie up between the credit card company you owe money to, and the agency – this will obviously influence the advice you are given. You should know that, commission kicked back to the credit agency could range anywhere from 5 to 15 percent of the amount that is paid. Reduction of you debt in such a scenario need not be the primary goal of the credit counselor. There have even been cases where people were wrongly advised to stay away from bankruptcy, when it was the best option.
For your information, a legitimate credit counseling agency would be aware and sympathetic towards your financial crisis and charge you just enough to cover their expenses. That would be essential differentiator between a "non-profit" organization, and a non-profit organization. The good news for debtors is that there are organizations where based on individual cases all charges are waived off.
Is There A Way To Know?
Profit making non-profit organizations can be identified based on a few tip offs. Here are some.
* They charge a high fee.
* They guarantee to eliminate unsecured debt or promise that it can be paid off for pennies on the dollar.
* They advise to stop making payments to your creditors.
* They provide no guidance on how to avoid financial trouble in the future.
* They automatically pitch their (fee-based) re-payment plan without considering your case at length.
* They promise to clean up your credit report. (It takes 10 years to eliminate bankruptcy filing, and late payment and defaults stay on your record for 7 years.)
If you find out that you are a victim, have your contract scrutinized by a trusted advisor. Once confirmed, you should file a report with the local Better Business Bureau or your State’s Attorney General’s office. You can contact the Federal Trade Commission, which may not be able to fight your case since it’s a law enforcement agency, but broader action can be initiated based on complaints. There can, for example, be a move to shut down a company if many such complaints trickle in.
Attempts are being made to crack down on these unscrupulous credit counseling firms, but in the meanwhile be alert to such possibilities. Go to a company if you know someone who’s been there and got their problem resolved, or of course if you are certain that the history they boast of is for real. But the bottom line is, be aware and prepared to tackle any negative consequences.
http://www.bankruptcyhome.com/howdidthishappen.htm
Your spouse is out of job, the monthly income is halved and your family is left without health insurance. Just as you are managing somehow by slashing all unnecessary expenses your child is hospitalized for a tonsillectomy. Past-due bills are piling up, the number of calls from nasty creditors, and the letters threatening to foreclose on your mortgage, are on the rise too. You contact non-profit debt counseling services who manage to keep their promise of permanently lowering interest rates on some of your outstanding bills. But six months on, and having paid the sign-up charge and monthly fee of the agency, your debt only increases. The counseling services seems to have profited more.
Claim for help is hollow, and the promise to rescue, a scam. The combination of high household debt levels and major corporate layoffs in the past few years has led to a sudden increase in many organizations that depend on people falling for these claims.
But What About The Law?
Yes, the laws are all in place to safeguard fair practices and what not, but the rise of abusive practices is phenomenal even in the face of such laws. Such credit counseling agencies are typically small and offer services such as providing help with budgeting and management of debt. Individual cases determine future course of action, with some extreme cases even steered into bankruptcy, but a majority guided towards debt management programs.
"More recently," says Winston, "a new kind of agency has arisen." Instead of being locally-based, these agencies are national. And, he adds, "they pitch their services aggressively," advertising on television, in magazines and over the Internet.
According to Winston, self-promotion was traditionally not a practice of credit counselors, but the problem with such advertising is that oftentimes it is not truthful. It has been seen that the word “non-profit” misleads people into blindly believing such organizations, and their intent.
As a note of warning, he advises people in a financial crisis to be particularly wary of organizations, and have a clear understanding of the fee structure that they follow.
You need to ask the right questions about commissions, and be wary of any possible no tie up between the credit card company you owe money to, and the agency – this will obviously influence the advice you are given. You should know that, commission kicked back to the credit agency could range anywhere from 5 to 15 percent of the amount that is paid. Reduction of you debt in such a scenario need not be the primary goal of the credit counselor. There have even been cases where people were wrongly advised to stay away from bankruptcy, when it was the best option.
For your information, a legitimate credit counseling agency would be aware and sympathetic towards your financial crisis and charge you just enough to cover their expenses. That would be essential differentiator between a "non-profit" organization, and a non-profit organization. The good news for debtors is that there are organizations where based on individual cases all charges are waived off.
Is There A Way To Know?
Profit making non-profit organizations can be identified based on a few tip offs. Here are some.
* They charge a high fee.
* They guarantee to eliminate unsecured debt or promise that it can be paid off for pennies on the dollar.
* They advise to stop making payments to your creditors.
* They provide no guidance on how to avoid financial trouble in the future.
* They automatically pitch their (fee-based) re-payment plan without considering your case at length.
* They promise to clean up your credit report. (It takes 10 years to eliminate bankruptcy filing, and late payment and defaults stay on your record for 7 years.)
If you find out that you are a victim, have your contract scrutinized by a trusted advisor. Once confirmed, you should file a report with the local Better Business Bureau or your State’s Attorney General’s office. You can contact the Federal Trade Commission, which may not be able to fight your case since it’s a law enforcement agency, but broader action can be initiated based on complaints. There can, for example, be a move to shut down a company if many such complaints trickle in.
Attempts are being made to crack down on these unscrupulous credit counseling firms, but in the meanwhile be alert to such possibilities. Go to a company if you know someone who’s been there and got their problem resolved, or of course if you are certain that the history they boast of is for real. But the bottom line is, be aware and prepared to tackle any negative consequences.
http://www.bankruptcyhome.com/howdidthishappen.htm
Credit Woes
Imagine this: Over the years your debts have somehow piled up to an unmanageable level. And now amongst unpaid bills and dealing with angry creditors, you feel the only solution for you is to get some help to clean up the mess. That is all well and good, but where exactly do you go to find this help?
Now imagine this: tired of the growing debts and with no way out you decide to consult a ‘professional’. You go to a credit counsellor and let that person try to help you out of your debts only to find that they have put you in more trouble than you already were in when you started.
Needless to say, over the years because of changes in lifestyles and spending habits, many individuals have found themselves in a situation where they are too deep in debt. Unfortunately, at the same time there has also been an increase in the number of abusive practitioners who pose as credit counsellors only to make the situation much worse than it was in the beginning.
The traditional credit counselling agencies were small and local services whose main function was to lend a hand to consumers with guidance and education about budgeting and how to manage their debts. Each case is studied individually and depending on the individual consumer’s situation they will be directed towards debt management, or at the worst case, filing for bankruptcy.
However there has been a shift in the nature of these small agencies. For a start, a lot of them are not small anymore. Nor are they local. The trend in credit counselling agencies finds organizations that operate at a national level and adopt aggressive marketing strategies to break through to the public. It is not unusual to see these credit counselling agencies selling their pitch by advertising through television, magazines, radio and the internet.
When going to a credit counselling agency keep in mind that most genuine agencies of this kind offer their services at a minimal fee. This fee that is charges is usually just enough to cover their expenses, thus they make the grade at a ‘non profit’ business. It might only be natural for consumers to drop their guards when they are met with the word ‘non-profit’. But one has to be aware of the fact that not all these organization have your best interest in mind.
Experts suggest that people who are looking for assistance from credit counsellors should be cautious with the choices they make. It is important to understand the fee structure and look into the structure more deeply if they operate on the basis of percentages and commissions. You should understand points such as who pays the commissions, you or the credit card company. Also be sure to check out if the agency gets a kickback from the credit card company from the outstanding amount when it repaid, since that is something that is likely to have an effect on the way the agency works with you.
http://www.bankruptcyhome.com/creditwoes.htm
Now imagine this: tired of the growing debts and with no way out you decide to consult a ‘professional’. You go to a credit counsellor and let that person try to help you out of your debts only to find that they have put you in more trouble than you already were in when you started.
Needless to say, over the years because of changes in lifestyles and spending habits, many individuals have found themselves in a situation where they are too deep in debt. Unfortunately, at the same time there has also been an increase in the number of abusive practitioners who pose as credit counsellors only to make the situation much worse than it was in the beginning.
The traditional credit counselling agencies were small and local services whose main function was to lend a hand to consumers with guidance and education about budgeting and how to manage their debts. Each case is studied individually and depending on the individual consumer’s situation they will be directed towards debt management, or at the worst case, filing for bankruptcy.
However there has been a shift in the nature of these small agencies. For a start, a lot of them are not small anymore. Nor are they local. The trend in credit counselling agencies finds organizations that operate at a national level and adopt aggressive marketing strategies to break through to the public. It is not unusual to see these credit counselling agencies selling their pitch by advertising through television, magazines, radio and the internet.
When going to a credit counselling agency keep in mind that most genuine agencies of this kind offer their services at a minimal fee. This fee that is charges is usually just enough to cover their expenses, thus they make the grade at a ‘non profit’ business. It might only be natural for consumers to drop their guards when they are met with the word ‘non-profit’. But one has to be aware of the fact that not all these organization have your best interest in mind.
Experts suggest that people who are looking for assistance from credit counsellors should be cautious with the choices they make. It is important to understand the fee structure and look into the structure more deeply if they operate on the basis of percentages and commissions. You should understand points such as who pays the commissions, you or the credit card company. Also be sure to check out if the agency gets a kickback from the credit card company from the outstanding amount when it repaid, since that is something that is likely to have an effect on the way the agency works with you.
http://www.bankruptcyhome.com/creditwoes.htm
Thursday, May 17, 2007
New Bankruptcy Reform Means Tes
With the new bankruptcy laws in effect, debtors will have to first pass a two-part means test before filing for Chapter 7 bankruptcy. First, a quick definition of Means Test: Means = Money, property, or other wealth (source: Dictionary.com)
Your Income Vs. Your State's Median Income
In the first part of the means test, your monthly income multiplied by 12 is compared to your state's median annual income. Your state's median income would be below your state's highest incomes and above your state's lowest incomes.
If your income falls at or below your state's monthly median income, then your Chapter 7 bankruptcy filing will likely be successful. On the other hand, if your monthly income does not fall below your state's median income, then your income will then be factored into a formula. Your formula results will determine your ability to file for Chapter 7 bankruptcy.
Means Test Formula
Under the Means Test, any creditor, trustee or judge will look at your monthly income, minus certain living expenses like food and rent. Your Chapter 7 bankruptcy will likely be successful if you are unable to pay at least $6,000 over the next five years ($100 per month). However, if you can pay at least $10,000 over five years ($166.67 per month or more) your Chapter 7 bankruptcy will likely be denied.
If you could afford more than $6,000 but less than $10,000 over five years, then a mathematical calculation determines whether your Chapter 7 filing will likely be successful or not. If you could afford to pay 25% or more of your unsecured debt, then a Chapter 7 will likely be denied. If you can't afford to pay 25% of your unsecured debt, your Chapter 7 filing will likely be successful. Examples of unsecured debts would include medical and credit card bills. Note that you can still opt for Chapter 13 in either of these cases.
Conclusion
You should be aware that the new bankruptcy law lets the government decide what is best for you. The updates take away discretion from the Judges to judge cases based on individual circumstances. It is doubtful that the courts can make exceptions for results.
ABOUT THE AUTHOR
Jeffery J. Aleman is a managing partner with Legal Helpers specializing in consumer bankruptcy law.
Legal Helpers is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code. With over 25 offices throughout the country and attorneys answering the telephones six days a week, their firm is always striving to provide the highest level of client service available. Legal Helpers aggressive representation and extensive experience have earned Attorneys Macey and Aleman a national reputation for excellence in the representation of Debtors in financial distress.
Legal Helpers can be contacted by phone at (888)743-5787 or email them at info@legalhelpers.com or visit their web site at www.legalhelpers.com
Your Income Vs. Your State's Median Income
In the first part of the means test, your monthly income multiplied by 12 is compared to your state's median annual income. Your state's median income would be below your state's highest incomes and above your state's lowest incomes.
If your income falls at or below your state's monthly median income, then your Chapter 7 bankruptcy filing will likely be successful. On the other hand, if your monthly income does not fall below your state's median income, then your income will then be factored into a formula. Your formula results will determine your ability to file for Chapter 7 bankruptcy.
Means Test Formula
Under the Means Test, any creditor, trustee or judge will look at your monthly income, minus certain living expenses like food and rent. Your Chapter 7 bankruptcy will likely be successful if you are unable to pay at least $6,000 over the next five years ($100 per month). However, if you can pay at least $10,000 over five years ($166.67 per month or more) your Chapter 7 bankruptcy will likely be denied.
If you could afford more than $6,000 but less than $10,000 over five years, then a mathematical calculation determines whether your Chapter 7 filing will likely be successful or not. If you could afford to pay 25% or more of your unsecured debt, then a Chapter 7 will likely be denied. If you can't afford to pay 25% of your unsecured debt, your Chapter 7 filing will likely be successful. Examples of unsecured debts would include medical and credit card bills. Note that you can still opt for Chapter 13 in either of these cases.
Conclusion
You should be aware that the new bankruptcy law lets the government decide what is best for you. The updates take away discretion from the Judges to judge cases based on individual circumstances. It is doubtful that the courts can make exceptions for results.
ABOUT THE AUTHOR
Jeffery J. Aleman is a managing partner with Legal Helpers specializing in consumer bankruptcy law.
Legal Helpers is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code. With over 25 offices throughout the country and attorneys answering the telephones six days a week, their firm is always striving to provide the highest level of client service available. Legal Helpers aggressive representation and extensive experience have earned Attorneys Macey and Aleman a national reputation for excellence in the representation of Debtors in financial distress.
Legal Helpers can be contacted by phone at (888)743-5787 or email them at info@legalhelpers.com or visit their web site at www.legalhelpers.com
How To Rebuild Credit After Bankruptcy
Your ability to reestablish credit after filing bankruptcy is better than it has ever been. After you receive your bankruptcy discharge, you will receive solicitations from lenders offering to finance homes, vehicles and credit cards. Here are some tips on responsibly and successfully reestablishing your credit after bankruptcy:
1. Open a checking or savings account. Lenders may look at this to determine if you can responsibly handle your cash flow.
2. Pay your utility bills and rent on time for at least a year.
3. Apply for store and gas credit cards that you would normally pay cash.
4. Apply for a secured card where you deposit cash and charge against it. Be sure to pay advances back over two months so that they will be reflected as positive marks on your credit report.
5. Look for car dealers and mortgage brokers that attest to be "bankruptcy friendly lenders".
6. Stay away from payday loans that are at high interest rates and are a "bad credit" trap.
7. Live within your means. Do not unnecessarily increase your debt to income ratio by taking on credit to purchase luxury items that you DO NOT NEED. Your payments on consumer debt should equal no more than 20% of your expendable income after costs for housing and a vehicle.
8. Pay your reaffirmed, pre-bankruptcy debts on time.
9. Write a letter to each credit reporting agency explaining the circumstances that lead to your bankruptcy filing.
10. Find a friend or relative to cosign for you on a loan and pay it on time.
ABOUT THE AUTHOR
Legal Helpers is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code. With over 25 offices throughout the country and attorneys answering the telephones six days a week, their firm is always striving to provide the highest level of client service available. Legal Helpers aggressive representation and extensive experience have earned Attorneys Macey and Aleman a national reputation for excellence in the representation of Debtors in financial distress.
Legal Helpers can be contacted by phone at (888)743-5787 or email them at info@legalhelpers.com or visit their web site at www.legalhelpers.com
1. Open a checking or savings account. Lenders may look at this to determine if you can responsibly handle your cash flow.
2. Pay your utility bills and rent on time for at least a year.
3. Apply for store and gas credit cards that you would normally pay cash.
4. Apply for a secured card where you deposit cash and charge against it. Be sure to pay advances back over two months so that they will be reflected as positive marks on your credit report.
5. Look for car dealers and mortgage brokers that attest to be "bankruptcy friendly lenders".
6. Stay away from payday loans that are at high interest rates and are a "bad credit" trap.
7. Live within your means. Do not unnecessarily increase your debt to income ratio by taking on credit to purchase luxury items that you DO NOT NEED. Your payments on consumer debt should equal no more than 20% of your expendable income after costs for housing and a vehicle.
8. Pay your reaffirmed, pre-bankruptcy debts on time.
9. Write a letter to each credit reporting agency explaining the circumstances that lead to your bankruptcy filing.
10. Find a friend or relative to cosign for you on a loan and pay it on time.
ABOUT THE AUTHOR
Legal Helpers is a debt relief agency helping people to file for bankruptcy relief under the bankruptcy code. With over 25 offices throughout the country and attorneys answering the telephones six days a week, their firm is always striving to provide the highest level of client service available. Legal Helpers aggressive representation and extensive experience have earned Attorneys Macey and Aleman a national reputation for excellence in the representation of Debtors in financial distress.
Legal Helpers can be contacted by phone at (888)743-5787 or email them at info@legalhelpers.com or visit their web site at www.legalhelpers.com
Health, Health Care Insurance and Bankruptcy
Imagine for a moment that your health has taken a turn for the worse. You need extensive medical attention and expensive treatments. Would you be prepared to account for these medical costs? Or would you or a family member ultimately have to deal with this financial burden? Surely, you would not want to suffer the consequences of paying big medical bills on your own. This is why health insurance is so important. A Harvard study conducted in 2001 found that medical bills caused half of all bankruptcies. Therefore, you should make sure that you have some form of medical insurance. You should also make sure that your money is well-spent on insurance that meets your needs.
Insurance Provided by Employer
You should feel lucky if you are in the minority of people who receive health insurance through your employer. According to bankrate.com, company health insurance is actually part of a group insurance plan. Your employer pays for most of your insurance and also pays for your insurance with portions of your paychecks. Everyone in your group plan pays the same rate. The premiums paid by healthy members go towards paying the bills of sick members. Bankrate.com recommends that you study up on your employee benefits package to make sure that the insurance plan you choose provides you with the services and options you will need. If you are young and/or relatively healthy, you may want to consider choosing to pay for your company's cheapest health plan.
Bankrate.com also recommends that you review your insurance plan periodically. You may be paying more money for services you no longer need. For example, if you have children that have graduated from college or are no longer on your insurance plan, you should change your insurance plan accordingly. Additionally, if you have lost weight or quit smoking, you could qualify for a cheaper insurance plan.
Have You Been Laid Off?
If you have recently lost your job, you may want to consider the Consolidated Omnibus Budget Reconciliation Act (or COBRA) plan. With a COBRA plan, you pay for the medical benefits your former employer paid for on your own. The plan lasts up to 18 months. Keep in mind that the COBRA plan is a bit expensive. In addition to paying the premiums your company used to pay, you would also have to pay a 2% service fee.
Are You Uninsured?
Unfortunately, according to bankrate.com you may face discrimination from insurance companies if you try to insure yourself on your own. You may have difficulty buying insurance if you have any medical problems whatsoever. Remember, with a company group insurance plan, your insurance provider only has to pay the medical bills of the sick members in the group.
Look for health plans that have higher premiums. You may pay more upfront for medical coverage, but you will ultimately spend less on deductibles. At the very least, financial analyst Suz Orman recommends paying for worst-case-scenario insurance for medical bills that top $5,000. This way you can at least be sure that you will not have to foot the entire bill for high costs.
Conclusion
No one wants to live their life fearing the worst. By insuring yourself, you can at least rest assured knowing that you are prepared if your health takes a turn for the worse. As a result you or your family would not have to suffer the additional hardship of having to pay for your medical costs yourself. The good news is that if you can not afford insurance coverage, filing bankruptcy could eliminate your medical bills if necessary.
http://www.debtriddance.com/articles/health_care.html
Insurance Provided by Employer
You should feel lucky if you are in the minority of people who receive health insurance through your employer. According to bankrate.com, company health insurance is actually part of a group insurance plan. Your employer pays for most of your insurance and also pays for your insurance with portions of your paychecks. Everyone in your group plan pays the same rate. The premiums paid by healthy members go towards paying the bills of sick members. Bankrate.com recommends that you study up on your employee benefits package to make sure that the insurance plan you choose provides you with the services and options you will need. If you are young and/or relatively healthy, you may want to consider choosing to pay for your company's cheapest health plan.
Bankrate.com also recommends that you review your insurance plan periodically. You may be paying more money for services you no longer need. For example, if you have children that have graduated from college or are no longer on your insurance plan, you should change your insurance plan accordingly. Additionally, if you have lost weight or quit smoking, you could qualify for a cheaper insurance plan.
Have You Been Laid Off?
If you have recently lost your job, you may want to consider the Consolidated Omnibus Budget Reconciliation Act (or COBRA) plan. With a COBRA plan, you pay for the medical benefits your former employer paid for on your own. The plan lasts up to 18 months. Keep in mind that the COBRA plan is a bit expensive. In addition to paying the premiums your company used to pay, you would also have to pay a 2% service fee.
Are You Uninsured?
Unfortunately, according to bankrate.com you may face discrimination from insurance companies if you try to insure yourself on your own. You may have difficulty buying insurance if you have any medical problems whatsoever. Remember, with a company group insurance plan, your insurance provider only has to pay the medical bills of the sick members in the group.
Look for health plans that have higher premiums. You may pay more upfront for medical coverage, but you will ultimately spend less on deductibles. At the very least, financial analyst Suz Orman recommends paying for worst-case-scenario insurance for medical bills that top $5,000. This way you can at least be sure that you will not have to foot the entire bill for high costs.
Conclusion
No one wants to live their life fearing the worst. By insuring yourself, you can at least rest assured knowing that you are prepared if your health takes a turn for the worse. As a result you or your family would not have to suffer the additional hardship of having to pay for your medical costs yourself. The good news is that if you can not afford insurance coverage, filing bankruptcy could eliminate your medical bills if necessary.
http://www.debtriddance.com/articles/health_care.html
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