Tuesday, September 11, 2007

Information For Filing Bankruptcy

If you are looking for information for filing bankruptcy, you have come to the right place. This article intends to explore the simple steps in filling bankruptcy.

There Is No Other Solution

The first step is to make sure that filing bankruptcy is the only option left. You have worked out all the other solutions but nothing is working. What it means is that you will have try to avoid filing bankruptcy as much as possible. For example, before you go ahead and file for bankruptcy, it is important that you avail the services of an expert credit counselor. With the addition of the new bankruptcy laws under the Bankruptcy Abuse Prevention and Consumer Protection Act, it is now mandatory for the debtors to obtain some consumer credit counseling from an entity approved by the U.S. trustee. You have to do it within six months of filing bankruptcy. This will convince the court that you have tried all the other alternatives beforehand. This way, it will make it easier for you to defend your bankruptcy claim.

Hiring A Bankruptcy Attorney

The next step is to hire a bankruptcy attorney. In fact, the bankruptcy laws are very complicated ones and it is not easy for a common man to understand the intricacies involved in the same. Therefore, it is important that you hire a bankruptcy attorney to handle your specific bankruptcy case. You must shop around for the best bankruptcy lawyers. Do your research thoroughly. You should also note that the bankruptcy laws are interpreted in various states in various ways. Therefore, make sure that the bankruptcy attorney you have chosen is specialized in the specific bankruptcy laws of your state.

Type Of Bankruptcy

The next step is to choose the right type of bankruptcy. There are various types of bankruptcy as defined in the different chapters of the bankruptcy code, including chapter 7, 11,12, 13 etc. Your bankruptcy attorney will help you in this regard. He or she will study the details of your case and then suggest you the best type of bankruptcy depending upon your specific case.

Review The Cost Of Filing Bankruptcy

There are various types of expenses associated with filing bankruptcy. The very fact that you are filing bankruptcy is a clear indication that you are into deep financial trouble. Even the filing fees have risen to a much higher amount in the past few years. Other than the filing fees, you have to pay Attorney fees and other expenses. Therefore, it is very important for you to assess the cost of filing bankruptcy beforehand.

If you are looking for information for filing bankruptcy, visit Filing Bankruptcy. This site guides you with simple steps involved in the procedure for filing bankruptcy, role of bankruptcy lawyers, tips for using the services of a bankruptcy attorney and all the information you need to know about bankruptcy code.


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Buying A Home After Bankruptcy - Get A Mortgage Loan After Bankruptcy

If you have a recent bankruptcy on your credit and are looking to get financing for a home, there is hope. Buying a home with bad credit will just put more emphasis on the other two factors needed to get a mortgage loan, which are; income verification and a down payment.

After bankruptcy most lenders want you to wait at least 2 years from the time of the bankruptcy discharge before they will consider you for a mortgage loan. After the two year waiting period is over, you should be able to get financing easily. You should also be able to get 100% financing as well. You can usually achieve this as long as at least most of your payments have been reported to the credit bureau as having been paid on time since the discharge of your bankruptcy.

If you are looking to get a mortgage loan after bankruptcy sooner than the 2 years from the time of discharge, you will need to have almost flawless payment history since your bankruptcy discharge. Also, you may need to have a down payment. If you have even 3-5% to use as a down payment, that may be enough to help you get approved.

There are ways to get a down payment for your mortgage besides having the money saved in the bank. Here are some ideas of ways to do that:

1. Borrow or ask for a gift from relatives. After you have financed the house, you can usually go and take out a 2nd or 3rd mortgage up to the full value of your house, and then you could repay the relatives. Keep in mind that if you intend the money to be as a loan only from the relatives, you would need to disclose that to the lender before you close. Lenders usually have regulations about where the down payment is coming from and if you are not honest, it could be considered defrauding a lender.

2. There are down payment assistance programs like Neighborhood Gold or the Nehemiah program. These programs basically aid the seller in helping you with a down payment. Receiving a down payment from the seller of the property is illegal, but through these programs, it is legal. There are also other down payment assistance programs which are grants and do not need to be repaid or paid for by anyone. To find out about these, do a search on “down payment assistance” with your favorite search engine.

3. You could cash out a 401K or another investment and like in the first example, repay yourself with a 2nd or 3rd mortgage after the loan has closed.

Mortgage loans after bankruptcy are getting to be much easier to obtain these days. If you would like to see a list of our preferred bad credit mortgage lenders, visit this page: After Bankruptcy Mortgage Lenders.

Carrie Reeder is the owner of ABC Loan Guide. ABC Loan Guide is an informational loan website with informative articles and helpful lists of recommended lenders for bad credit mortgage loans.


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New Bankruptcy Law Makes it Harder to Stop Foreclosure

On October 17, 2005 President Bush’s sweeping bankruptcy reform law goes into effect forever changing the rules of debt collection in this natiion. Consumer advocates and the public appear to be completely unaware of the total and complete victory of the creditors under the new legislation. This article opens the door to the Trogan Horse so that consumers can prepare themselves for the worse.

The most important aspect of the bankruptcy code was the “automatic stay” provision. This allowed consumers to file for bankruptcy at anytime during the creditor’s collection process putting an immediate stop to all contact and collection activities from the creditor. The new law requires that a debtor receive credit counseling from an approved non-profit credit counseling agency for 180 days prior to filing Chapter 7 or Chapter 13 bankruptcy.

While this may sound benevolent, a much closer look at the practical effect of this provision reveals the crafty peeling of the debtor’s rights. The 180 day requirement is to provide the credit counseling agency the opportunity to work out payment plans with creditors. However, during this same period of time the creditor is not restrained from collection efforts. For example, Margaret is a homeowner in Jacksonville, Florida and is six months behind on her mortgage. As a rule, credit counseling agencies only work with credit card companies and have little or no training with dealing with mortgage companies.

After receiving foreclosure papers, Margaret goes to see her attorney to file for bankruptcy and is told that she must first seek credit counseling before filing for bankruptcy protection. Meanwhile, the foreclosure proceeds on schedule and a sale date is set 120 days later. However, Margaret still has not completed her 180 day requirement. What will happen to Margaret’s home? That’s right! The home will be sold and she cannot stop the sale by filing bankruptcy.

This is the most sweeping shift in debt collection in the past 50 years. Margaret’s only hope will be to work out a repayment plan or a loan restructure with her mortgage company. This is a process called loss mitigation and is explained in great detail to consumers in our new book, How to Save Your Home, ISBN#09753754-0-7, $19.95, SYH University, LLC, 2005 which is sold at Amazon.com.

Loss Mitigation works because lenders lose an average of $28,000 to $50,000 per foreclosure nationwide. It is a myth that the lender wants your home and makes a profit off of foreclosure. A lender has to pay attorney fees, court and collection costs, maintain fire insurance, hire a real estate professional, repair structural and other damage to the home, and pay property taxes. The homeowner can work out an agreement with the lender in over 90% of cases. Our company has provided housing counseling service to thousands of homeowners and loss mitigation absolutely works.

In conclusion, it is up to the consumer to educate and prepare themselves for worse case scenarios. How to Save Your Home is an excellent training tool and will teach homeowners how to protect themselves under the new bankruptcy law. Most Americans do not have health or disability insurance and are vulnerable to job layoffs because of a stagnant economy. Who amongst us is immune to heart attacks, business failure, strokes, law suits, tax liens or other challenges that life sometimes presents. One pay check is literally what separates many families from home security and despair and the new bankruptcy law will severly punish those who slip behind on their mortgage payments.

Herbert Addison, JD, CHC is a Certified Housing Counselor and a member of the Virginia Association of Housing Counselors. Mr. Addison is co-author of the new book, How to Save Your Home, and has helped thousands of families to save their homes from foreclosure sales.


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NJ Bankruptcy Law

Under NJ bankruptcy law, there are two exemption schemes that you can use to keep your personal property. An exemption scheme allows you to keep up to a certain dollar amount of some personal property and the entire amount of other personal property. You can choose the exemption scheme that will benefit you the most based on your current circumstances.

First Exemption Scheme

The first exemption scheme allows you to claim fewer exemptions than the second exemption scheme. Under NJ bankruptcy law, you can exempt the property included in this scheme so that it is not taken away from you to pay your debts. Under the first scheme, you can exempt the following property:

Tools of your trade valued at up to $1,850 - This allows contractors, mechanics, and other professionals who need tools to keep them on hand so that they can continue earning an income.

Motor vehicle valued at up to $2,950 – This is helpful if you need to keep your vehicle to get to work or transport your family to school, medical appointments, and other locations.

Health and medical devices – You are allowed to keep all of the devices that help you maintain your health. This can include canes, walkers, diabetic supplies, and oxygen tanks.

Your home up to $18,450 – This allows you to keep your primary home so that you still have a place to live after you have filed for bankruptcy.

The first exemption scheme also allows you to exempt life insurance payments for the person who supported you financially, unmatured life insurance contracts, alimony and child support needed for support, ERISA-qualified benefits needed for support, household goods up to a total of $9,850 (limited to $475 maximum per item), jewelry up to $1,225, and a wild card that is $925 of any personal property or up to $9,250 of any unused homestead exemption.

Second Exemption Scheme

The second exemption scheme allows you to keep additional personal property. Under the second scheme, you can exempt the following property in accordance with NJ bankruptcy law.

Clothing – This gives you the opportunity to keep clothing needed for work, school, and special events.

Crime victims’ compensation – This allows you to keep any compensation you received due to being the victim of a crime.

Burial plots – This allows you to retain the interest you have in any burial plots designated for you or your family members.

Annuity contract proceeds – This exemption allows you to continue receiving up to $500 per month of annuity contract proceeds.

Other exemptions available under the second exemption scheme and NJ bankruptcy law include up to $1,000 of shares of stock or interest in a corporation, household goods and furniture up to $1,000, public employees’ pensions, ERISA-qualified benefits, property of a business partnership, health or disability benefits, disability or death benefits for military personnel, disability or death benefits for civil or government employees, group life or health policy proceeds, and wages and allowances received by military personnel.

NJ bankruptcy law can be difficult to understand. If you need more information, contact a local bankruptcy attorney for more details.

Looking for the best NJ Lawyer ? Look no further, check out our New Jersey Lawyers website today!


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Monday, September 10, 2007

Removing a Bankruptcy from Your Credit Report

A bankruptcy can have a devastating effect on your credit score. A bankruptcy listing on your credit reports to many lenders is the only thing they need to see to determine you are completely unworthy of credit.

Many people will tell you that it is impossible to remove a bankruptcy from your credit reports. The truth is that you can dispute a bankruptcy the same as you can any other type of derogatory account on your credit report.

Note that whether the account is "really" yours or not has no bearing on the credit bureaus responsibility to verify it. If it cannot be verified, it must be deleted. Period. According to the Fair Credit Reporting Act, the burden of proof is on the credit bureau.

Please let it be clear that it's never ever wise to be dishonest when communicating with credit reporting agencies, plus it is totally unnecessary. There are many ways to dispute the bankruptcy without lying.

Did you know that the credit bureaus don’t even investigate public records? The courts will only verify such records in person. The credit bureaus will claim that they have a system to verify such records, but when it comes down to it, they don’t. They also know that if a consumer were to seek litigation and financial damages in a court of law, they would be in big trouble.

I had my bankruptcy removed from 2 out of 3 of my credit reports. The one that would not remove the bankruptcy claimed that they verified it electronically and that it’s public record. It is indeed public record; they were right about that part. But, I asked them who they verified it with and they said they verified with my local courthouse. That’s impossible since the local courthouse confirmed that they only verify public records in person – not electronically, not through the mail, and not over the phone.

This particular credit bureau is much harder to work with than the others. They are very adamant about keeping items on your credit report whether they are accurate or not. This credit bureau has also been sued the most. And as long as they refuse to properly investigate accounts according to federal law, they will continue to get sued the most.

Learn more about removing bankruptcies and other negative listings from your credit reports at the credit repair forum!


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Your Complete Guide To Bankruptcy Car Loan

Bankruptcy car loan has emerged as the biggest support to those who plan to buy a car after a recent financial setback. In fact, as soon as a day after closing all the procedures of bankruptcy you can apply for a car loan. Approach the right people and you can be sure of finding a supportive friend who understands your problem and suggests workable financial solutions.

Things To Do Prior To Approaching Car Dealers

They are erroneous economic decisions with tragic consequences that lead to bankruptcy. Because you rue past mistakes and because you need encouragement to make improvements; that is why a bankruptcy car loan has been designed in the first place. Apart from fulfilling you need for monetary help, it also provides the chance of rebuilding credit. Through this bad credit auto loan you can begin afresh and mend your credit score with timely payments.

It is better if you do a little preparation before going for such car loans. Collect your credit report and check out if all the accounts are duly closed. Unarranged or open accounts will hurt your credit score. Also preplanning about the kind of vehicle that falls into your range and the extent of amount you can afford to pay on it, will give you a clear idea of the bankruptcy car loan that you need.

Traditional lenders as well as sub prime lenders both offer various loan schemes to support bad credit cases, though their car loans interest are usually high. What you can do is make an extensive search on online auto loan financing. Here you can find comparatively low rates. There are other advantages too. Loan fees are either reduced or totally done away with. Response to the loan application is always quick. If you are approved then a blank check is sent to you. This means that you become a pre-approved buyer and therefore preferable customer of car dealers. Also, your financial reality remains known to only you.

In the car loan application there is always a place for explanation on foreclosure. Make the most of it by stating reasons for your financial downfall and corrective measures taken and subsequent improvements so far. This will throw positive light on your case.

While finalizing loan deal, keep refinancing plans at the back of your mind. Even if you do not achieve low rates, try to get at least low monthly installments. This way, after a series of regular payments you will be able to switch to refinancing. Your records will show good credit history and you will ultimately become eligible for low interest rates.

Something like bankruptcy will not get you the kind of rates that someone with above average credit score will get. In fact many lenders for the sake of protecting their monetary interests will overlook you for other more suitable buyers. In such a situation, a bankruptcy car loan achieves much more for you than any other financial scheme.

Bankruptcy car loan can be sought not only to finance your new car purchase despite of your bankruptcy but also to rebuild credit. You can conduct a search on the web and you will get different options for auto loan financing for bankrupt or poor credit cases. To know more about poor credit auto loans or simple car loans visit Low interest car loans.


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Filing Bankruptcy Procedure - A Quick Overview

Bankruptcy is a legal step that people take when they are deep in debts and their current sources of income are too less to pay off the debts. However, as there are many complexities involved in bankruptcy laws, you need to know many things before filing bankruptcy. To start with, you must be aware of the various steps involved in filing court petition for bankruptcy.

Hiring a bankruptcy lawyer

The bankruptcy laws are very complicated and it is not easy for a common person to be aware of all the ins and outs associated with filing bankruptcy. Therefore, it is always recommended to hire a bankruptcy attorney to deal with your specific bankruptcy case. However, you need to be very careful while choosing the right bankruptcy attorney for you, like, the bankruptcy attorney you hire must be an experienced one. Here, you should also note that bankruptcy laws change from state to state. Therefore, make sure that the bankruptcy attorney you have chosen to deal your bankruptcy case is thoroughly aware of the specific bankruptcy laws, applicable in your state. Also, make sure that the bankruptcy attorney you have chosen is licensed to handle bankruptcy cases in your state.

Bankruptcy cost

The next step in filing bankruptcy is to evaluate the overall filing bankruptcy cost. Filing bankruptcy involves many expenses, which you have to pay like, the filing bankruptcy fee, bankruptcy attorney fee, and various other types of expenses, such as conversion fee. Evaluating the bankruptcy cost beforehand is an important step before filing bankruptcy. In the last four to five years, the filing fee for bankruptcy has risen substantially. You must expect to pay hundreds of dollars for the same. Again, the bankruptcy lawyers will also charge you thousands of dollars, depending upon your specific bankruptcy case.

Types of bankruptcy

While you are filing bankruptcy, one of the most important things that you may have to decide is the type of bankruptcy. However, deciding about the type of bankruptcy is no more a matter of choice. Now, with the inclusion of the new bankruptcy laws, there are certain steps that you need to follow in order to figure out the right type of bankruptcy you are eligible for. For example, now it is mandatory for you to pass a Means Test and go through a Government approved credit-counseling service, before filing bankruptcy.

Your bankruptcy attorney will work with you hand in hand. He or she will guide you through the complete filing bankruptcy procedure.

Filing bankruptcy involves a series of steps that you must be aware of. From hiring a bankruptcy attorney to ascertaining the bankruptcy cost, there are plenty of things that you need to look into. Filing bankruptcy provides all the information you wanted to have about filling bankruptcy process and other bankruptcy related issues.


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