Tuesday, October 30, 2007

Top Ten Tricks of the Lending Trade

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

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

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

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

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

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

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.

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Article Source: http://EzineArticles.com/?expert=Matt_Hick