Mar 10 2010

Stop Drowning in Debt

Category: BankruptcyDan Scott @ 1:19 am

Stop the calls and collection efforts made by creditors by using the bankruptcy process created by Congress. The Congress of the United States established the bankruptcy system specifically to all a person who is financially in debt to get a fresh financial start. Good people, with good intentions often suffer life circumstances that cause them to be in debt with payments much greater than they can reasonably pay.

As the economy worsens the number of bankruptcy filings is rising. The Los Angeles Times reported that in year 2009, there were around 1,446,000 Bankruptcy. In January 2010, there were 102,600 total bankruptcy filings and the number of people filing bankruptcy continues to grow. Experienced Bankruptcy Attorney Dan Scott says that there are 3 Myths aboutBankruptcy that should be dispelled.

There are 3 Myths about Bankruptcy That Must be Dispelled

Myth No. 1: Filing Bankruptcy Can be Pricey. For less than you will spend on your credit card payments and other monthly payments, you can probably pay a bankruptcy lawyer and court costs. What’s it worth to you to no longer owe your debt? I’d say significantly more that the cost you’ll incur. Creditors tell you, “Just pay the money to me.” Don’t be deceived when they say that.

Myth 2: You may lose your property in a bankruptcy: If you have property that is encumbered by a mortgage, you will have to work through some method of paying the mortgage even inside abankruptcy case. That is exactly the reason the lender asked for the mortgage when you borrowed the money. However, in most circumstances, with the exception of property on which you’ve granted a lien (mortgage) like on a car, house or boat, you will be able to retain your other property when you file a bankruptcy case. Attorney Dan Scott answers this question in his video series found at http://www.danwillhelp.com. Under most circumstances you will be able to use your exemptions to keep property that is not encumbered by a lien.

Myth 3: Not all your debt can be discharged. This is not exactly a “myth” but it is often over stated. Most of the debt individuals have WILL be discharged in a Chapter 7 Bankruptcy. (For the difference between a Chapter 7 and a Chapter 13 check out the video at http://www.danwillhelp.com.) Unsecured debts such as credit cards and signature loans are dischargeable. However, if you have student loans, back child support, certain taxes debt, claims arising from fraud or a DUI will not be discharged. Yourbankruptcy lawyer can give you more guidance on this.

So if you are facing financial trouble and you want to get out of debt though you have tried everything doable to get back on your feet, maybe it is time to consider filing a bankruptcy. You can find more information in the video series published by Bankruptcy Attorney Dan Scott. Go check them out for more information.

Don’t be intimidated by your creditors. Get the information you need to decide what your next step should be from an experience bankruptcy attorney. Check out the free video series today. You’ll like the way this makes you feel!

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Oct 11 2009

Will Bankruptcy Stop Foreclosure?

Category: BankruptcyReese Evans @ 4:41 pm

Some individuals think about the decision to file bankruptcy or simply allow the mortgage lender to start foreclosure. It can’t be presumed to be a simple case of either/or as a verdict is not possible and cannot be made this easily. A mortgage lender will initiate a foreclosure proceeding if the monthly mortgage payments fail to be met. The single method of stopping this from happening is to make the payment to the mortgage lender. A mortgage loan is sort of like a car loan and if a person does not pay his car payment, he will lose the car through repossession. The rule is same for all and is applicable to any person not paying his mortgage payments – they will have to forgo the residence through foreclosure.

A legal action filed by somebody who is unable to pay his debts is called as bankruptcy. If the debtor is in bankruptcy then all the civil proceedings to collect debts are stopped. A mortgage lender must stop all legal actions, including foreclosure proceedings. The mortgage lender can apply for relief from the automatic stay. When it is granted, then the lender can proceed with the foreclosure. Declaring bankruptcy will not halt foreclosure and you still must repay your loan. Bankruptcy may make your financial problems easier to handle, but it will not make them completely go away.

While bankruptcy doesn’t stop foreclosure, it gives a person time to repay or at least makes it easier to repay a mortgage lender. Because bankruptcy forces a mortgage lender to stop the foreclosure proceeding, it gives the debtor additional time to come up with funds to repay the lender. Discharging unsecured debts through bankruptcy may enable you to have more money to pay the mortgage payments.

If you’ve looked at all other options, don’t just give up your home. Consider filing bankruptcy and give yourself a chance to pay back your debts – on your time schedule. A Chapter 13 bankruptcy is a court ordered payment plan and allows a debtor to pay the mortgage catch up amount over a period of time.

Not everyone qualifies for bankruptcy and unfortunately if they do qualify, there are legal fees to pay. It may cost you more in legal fees than it does to just buckle down and make your mortgage payment. Talk with a licensed lawyer that specializes in bankruptcy to determine if bankruptcy can really help you avoid foreclosure. Bankruptcy is a complex process that is best handled by professionals.

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Sep 21 2009

How To Stop Foreclosure By Filing Chapter 13 Bankruptcy

Category: FinanceW. Alan Alder @ 5:00 pm

Tennessee is a non-judicial foreclosure state. This means that your house may be foreclosed on without the lender having to go to court. Generally you will receive notice via mail 20 days or more before the scheduled sale date. The sale is performed by a trustee, not the lender.

Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.

Before you can file a Chapter 13 bankruptcy there are some things you need to do. Some of the common requirements include filing your taxes for the most recent year due. Proof of your filing of taxes must be given to your attorney. A list of ALL of your creditors is also required in order to give notice to them. Evidence of pay for the previous two months must also be provided to your attorney. You will also need to bring proof of your social security and a government issued photo ID.

Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan – up to 60 months.

If property has a lien on it you must pay for that property in a Chapter 13 bankruptcy if you wish to keep it. These debts are called “secured” debts, for example a debt on a car or a mortgage. Debts that have no property attached are called “unsecured” debts. In a Chapter 13 bankruptcy unsecured debts provide more flexibility in payment, you can pay all or nothing and everything in between on these debts – depending on things like the value of all your property and your income level.

Some property, like cars, can be subject to a “cram-down” in a Chapter 13 bankruptcy. A debt is crammed down when the secured debt is reduced to reflect the value of the property rather than the actual amount owed. An example would be a car that has a payoff amount of $20,000 but the car is only worth $10,000, the cram down would result in a secured debt of $10,000 and an unsecured debt $10,000.

A Chapter 13 Plan must be confirmed before it can go into effect. Upon confirmation the Chapter 13 Trustee will begin to distribute the funds you have paid into your plan. You make payments to the Chapter 13 Trustee either through a payroll deduction or directly.

At the completion of your Chapter 13 Plan you will be caught up on your mortgage. You will then resume paying your lender directly the regular monthly mortgage. Any unsecured debt that was not paid will be “Discharged” meaning the creditors cannot take any adverse action against you.

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Aug 05 2009

Filing for Bankruptcy: Some Important Things That You Should Know

Category: BankruptcyMichael Geoffrey @ 3:32 pm

It is not always easy to file for bankruptcy, which in many instances, is something that does not go down too well with a person though realizing that the law does offer you protection in case you do file for bankruptcy will certainly make things a little more palatable for you. So, before you go out and decide to file bankruptcy, there are certain things to take into consideration about how to file bankruptcy.

First off, is the need to ensure that there is in fact no other solution in sight because once you are bankrupt, it will reflect on your credit file for many years (as many as ten) to come?

Different Types of Bankruptcy

Having decided that you are indeed going to file bankruptcy, you next need to consider two important types of bankruptcy that will prove useful to you in your endeavors and which will also come in handy for you regarding how to file bankruptcy.

As an individual, you may learn that filing for chapter seven bankruptcies is the most popular option, while another option available is to file for chapter thirteen bankruptcies, and that because BAPCPA has more or less discouraged individuals from filing for chapter seven bankruptcies, you may be forced into filing for chapter thirteen bankruptcies instead.

Another useful tip on how to file bankruptcy is that you need to research well all of the available options before you which relate to filing bankruptcy, and though you may be thinking of filing without hiring a lawyer, the best way of going about how to file bankruptcy may indeed warrant hiring a bankruptcy attorney or lawyer, and even then you need to research different lawyers before selecting a particular individual or firm.

After deciding which lawyer you are going to be working in conjunction with, speak with them about which chapter bankruptcy is right for you to file under. You need to know exactly what costs will be involved in your claiming bankruptcy. Besides the fees your lawyer will charge you, you will incur fees and charges related to the filing process.

Once you have spoken with your lawyer, make sure that all of your creditors understand that you have hired legal counsel and that their calls and questions should be directed to your attorney. This will prevent any creditors from getting in touch with you regarding debt after you file for bankruptcy.

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Jul 28 2009

Some Things You Need To Know About How To File Bankruptcy

Category: BankruptcyMichael Geoffrey @ 6:50 pm

It is not always easy to file for bankruptcy, which in many instances, is something that does not go down too well with a person though realizing that the law does offer you protection in case you do file for bankruptcy will certainly make things a little more palatable for you. So, before you go out and decide to file bankruptcy, there are certain things to take into consideration about how to file bankruptcy.

Remember that bankruptcy should only be turned to as an absolute last option. This is because bankruptcy will affect your credit in a seriously bad way for up to ten years.

Different Types of Bankruptcy

If you have come to the conclusion that you will have to file for bankruptcy, you will need to determine which of two types of bankruptcy to file under. Which you choose will affect how you file as well as what happens as a result of your filing.

As an individual, you may learn that filing for chapter seven bankruptcies is the most popular option, while another option available is to file for chapter thirteen bankruptcies, and that because BAPCPA has more or less discouraged individuals from filing for chapter seven bankruptcies, you may be forced into filing for chapter thirteen bankruptcies instead.

It is also important to do thorough investigation on the various aspects of bankruptcy if you are seriously contemplating filing. Even though it might not be the most appealing choice, hiring a legal professional to assist you in the bankruptcy process may help you handle things in the best possible way. You should also investigate which lawyer or law firm you want to work with before making a choice.

Once you have a lawyer or attorney in mind, you will next realize that in order to properly go about learning how to file bankruptcy, you should consult with your lawyer about your case and find out the best chapter under which to file bankruptcy. And, you should learn about what it is going to cost you to file bankruptcy and fees for different chapters will vary and so too will attorneys fees for which you should consider paying a flat fee rather than paying the lawyer according to the amount of debt you owe.

The next thing you will learn about how to file bankruptcy is that you should make it a point to refer your creditors to your attorney who will act on your behalf, and after the attorney has filed bankruptcy, would mean an automatic stay that essentially means that no creditors may contact you regarding your debt.

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