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Why Should I File for Bankruptcy?

admin — Wed, 10 Mar 2010 13:18:00 +0000

Why Should I File for Bankruptcy?
Financial problems these days are very common and you shouldn’t be ashamed of admitting your too far into debt. Outstanding debts can occur in a variety of different ways. You could be swamped with overwhelming medical bills, laid off from work, or worse. Financial troubles loom everywhere, but luckily theres still one way out If your in too deep. Knowing when and when not to file a bankruptcy can sometimes be tricky, but maybe I can help. If your just overwhelmed with debt and can no longer pay then bankruptcy is definately an option for you. When you file a bankruptcy to wipe your debt completely clean its called a ‘discharge of debt’. Discharging your debt will start you over with a clean slate. It doesn’t matter if you file a Chapter 7 or a Chapter 13 bankruptcy both will wipe most, if not all, of your debt out. If you can no longer pay your mortgage and your house is up for foreclosure then bankruptcy is a viable option for you. A bankruptcy can help stop the sale of your house, but it will not wipe out the debt owed on your current mortgage. What a bankruptcy will do for your mortgage is help create a repayment plan for the payments your behind on. A bankruptcy can also help keep your car and various other pocessions from being repossed. If your car has been repossed already by the bank, a bankruptcy can force the bank to give you back your car. Unfortunately this is only the case if you file the bankruptcy quickly enough after your car is repossessed. Any debt you own for these items will then be consolidated into a ‘bankruptcy plan’. A bankruptcy plan means, that a bankruptcy trustee will be directly responsible for your debt, and all your payments will be paid to them instead of to the finance company. A bankruptcy plan is made to be in your best interest. If you plan to file a bankruptcy because of medical bills then that may be a good option. Whether you were in the hospital for a major illness, or from a car wreck, or whatever, sometimes your medical bills can pile up to an exponential amount. If you can no longer afford to pay these bills then a bankruptcy can dramatically reduce your medical bill debt. One of the major reasons people file bankruptcy is because loss of work. People easily become comfortable with their spending habits at the income their making. Sometimes the unthinkable occurs and you lose your job. The bills can quickly pile up. Often times this is compounded with medical bills also since a lot of people can no longer work because of medical reasons. If you have an incredible amount of debt, don’t be afraid to ask for a little help. Filing a bankruptcy can repair your financial burdens and get you back on your feet.'Why Should I File for Bankruptcy?' was brought to you by Legal Forms Bank .Biz where you can download 'do-it-yourself' legal forms online. They help average people just like you to file for Personal Bankruptcy.
Source: www.ArticlePros.com

Is Bankruptcy The End Of The Road
When the modifications to U S Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul The credit industry worked hard to get this passed, and at first blush, it does appear to work against debtors . .On the other hand, the changes did debtors a favor in some respects By making it harder to seek bankruptcy protection, the new laws made it mandatory that those who might not need to declare bankruptcy go through credit counseling and enter a repayment plan if possible The changes also revealed just how desperate creditors are to keep your debts from being written off completely Armed with that knowledge, there are ways to avoid bankruptcy and right your personal financial ship . . .Pennies on the Dollar . .Everyone has seen or heard ads for law firms or other agencies that will work with creditors and settle your debts for virtually nothing This can happen, but there are some caveats One is that many such agencies are not reliable or trustworthy If they are full-fledged law firms, they will have some oversight from the state supreme court’s disciplinary counsel, as well as the local bar association Even so, be wary and investigate before signing on with anyone . .Further, these agencies collect your money for a time without paying your creditors Your accounts will get further behind while you pay them, knocking your credit score down nearly as much as a bankruptcy would If you are struggling to make ends meet but paying on time or nearly so, this is a fairly unpalatable option . .Finally, to the extent that these agencies do help, you may be able to do the same for yourself While some creditors are more willing than others to settle for lower dollar amounts, any of them would rather take something than nothing Thus, if you are already that far behind, you might try saving yourself some fees that would be charged by the agencies by negotiating for yourself . .Credit Counseling . .An adage that has been unfairly applied to lawyers is true in the area of credit counselors; 99 percent of them give the rest a bad name Class action suits against these groups abound, and internet message boards are full of angry stories A good credit counseling agency can help immensely . .The way such agencies work is to work out a payment plan with you based on what you can afford They then apply it to paying off your creditors based on preset rate reductions They are funded by the credit industry, which is a major turn off for some people However, the credit industry pays them to do something that helps the consumer; they help you pay your accounts off, at a lower interest rate than you might get otherwise . .Again, many of these agencies are unreliable, paying late or not at all Many creditors, upon your telling them you plan to work through a credit counseling agency, will try to talk you out of it for this reason When they do, listen You may be able to work out a better deal for yourself than the agency could The creditors want to be paid to the extent possible; they have no incentive to ruin your credit by forcing you into bankruptcy . .If you do decide to go through a credit counselor, investigate first Is the agency accredited? What complaints against them have been filed with the Better Business Bureau and how have they been resolved? Find a place you can trust . .Conclusion . .There are ways to avoid bankruptcy in most cases If you have lost everything with uninsured hospital bills, that is one thing Being behind on your bills and overextended on credit need not push most people over that edge Creditors want you solvent so they can collect something; you want yourself solvent so you can obtain credit again someday The U S government wants you solvent so you can contribute to the economy Look into your options and you will learn that you can usually find your way out of the bankruptcy hole before you hit bottom .
Source: www.rsstnx.com

Can I File for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy?

admin — Tue, 09 Mar 2010 13:48:04 +0000

Can I File for Chapter 7 Bankruptcy or Chapter 13 Bankruptcy?
Many people struggle with the decision to file bankruptcy. Usually this is because they have misconceptions about bankruptcy in general. Basically, bankruptcy is a legal way to level the playing field between an individual debtor and creditors. It is a legal proceeding that provides the debtor with a fresh start. The two types of bankruptcy that are most commonly available for an individual are: Chapter 7 and Chapter 13. Chapter 7, or straight bankruptcy, is what most people typically think of as bankruptcy. In Chapter 7 bankruptcy, a debtor s non-exempt assets are liquidated or sold and the proceeds are used to pay toward unsecured debts (credit cards, loans, medical bills, etc.). In the overwhelming majority of cases, however, people do not lose any property which means unsecured creditors get nothing. At the end of the bankruptcy, roughly 3-4 months after filing, the debts are discharged and the creditor can never collect on the debt. Chapter 13 is a debt reorganization or consolidation bankruptcy. If a person has a regular monthly income, their debts (mortgage arrears, car payments, credit cards, medical bills, loans, student loans, etc.) are rolled into one low monthly payment. Because the debtor is paying back his creditors through this repayment plan, the debtor does not risk losing any assets as he might under Chapter 7 bankruptcy. Furthermore, while in the repayment plan, typically 3-5 years, creditors are stopped from contacting the debtor without first going through the debtor s attorney and the court. Millions of people declared bankruptcy last year alone to get the fresh start they needed. Contrary to what many believe, bankruptcy does not permanently damage your credit, and you will still be able to have credit. The new bankruptcy laws that went into effect in 2005 changed bankruptcy very little.Michele Wallace, author of this article, writes for the MaliseLawFirm". Hire experienced "San Antonio bankrupty attorneys" with Malaise and get the debt relief you deserve.
Source: www.ArticlePros.com

Tougher Bankruptcy Laws Take Effect October 2005
In just a few short weeks, President Bush?s Bankruptcy Abuse Prevention and Consumer Protection Act will take effect. In a nutshell, the new law, which goes into effect on October 17, 2005, makes it more difficult to cancel your debts under Chapter 7 Bankruptcy protection. Instead, consumers will find themselves having to file for Chapter 13 Bankruptcy protection and paying back their creditors over a five year period. Here?s a look into some of the major changes that will affect consumers choosing to file for bankruptcy after the new law goes into effect - Qualifying - Chapter 7 or Chapter 13? To be able to qualify for protection under Chapter 7 bankruptcy, consumers will have to face a means test. The means test determines if your household falls above or below the median income in the state where you reside. Those whose total is greater than the state median income will not qualify to cancel debts under Chapter 7 protection and will alternately have to file under Chapter 13 and pay back your creditors. The major intent of bankruptcy reform is to require people, who can afford to make some payments towards their debt, to make these payments, while still affording them the right to have the rest of their debt erased. The amount you have to pay back under Chapter 13 protection will be greater because instead of a 3-year pay back period, that time frame is now extended to five years - to ensure your creditors get paid. Credit Counseling Anyone filing for bankruptcy under the new law will be required to go through mandatory credit counseling. Be careful before choosing a credit counselor as this field is filled with people looking to line their pockets while emptying yours. To find a trustworthy counselor, check to see if there are any complaints against them or their organization filed with your local Better Business Bureau. Secondly, find out if they are certified by the National Foundation of Credit Counselors or the Association of Independent Consumer Credit Counseling Agencies. Finally, find out if they have not-for-profit status. Personally I recommend Consumer Credit Counseling Services as they meet all three of the above criteria. They can be reached at 1-800-888-2227 and can connect you with a local office. The Cost Factor Filing for Chapter 7 protection under the old laws normally cost under $1,000. You should expect to pay more under the new laws as filing fees have been increased by $60. Additionally, your attorney will be required to double check all your financial information which will take more of his or her time. Also there is greater liability imposed on the lawyer which may cause their liability insurance to increase, which gets passed on to their clients in the form of higher fees. Under the new law, many are expecting fees to increase between 25-50%. Why Were the Laws Changed? The bottom line is that major commercial creditors lobbied hard for reform. Companies like CitiBank, MBNA, and other credit card issuers actively contributed proposed amendments along with generous financial support to reforming the bankruptcy laws - and in their favor, according to many consumer protection groups. ? 2005, http://www.yourfreecreditreportnow.com James is editor of "TO YOUR CREDIT", a free weekly newsletter with tips to help you manage your personal finances. Subscribe today and receive his ebook ?IDENTITY THEFT- How To Avoid Becoming the Next Victim!? and other free bonuses by visiting http://www.yourfreecreditreportnow.com.
Source: www.ArticlePros.com

Why is There Medical Bankruptcy
You often hear lots of bankruptcy stories An individual with piles and piles of debts commonly declare bankruptcy Heck, it’s actually the dreaded word anyone doesn’t want to experience Why do people lead to being bankrupt? For one, getting all sorts of loans and credit cards from financial institutions will surely lead to debt problems when not handled properly The typical causes of bankruptcies are due to the inability of an individual to pay their liabilities If they can’t pay anymore, they have the option under the law to declare bankruptcy However, there is a specific kind of bankruptcy which is increasing in number . .The so-called medical bankruptcy is becoming popular to people who undergone medical treatment As we all know, health care services are becoming expensive The cost will depend on the type of service you availed and some other related charges With all the charges like doctors’ fee, medicines, hospital room fees and others, you will surely see yourself going broke If you met an accident and injured yourself, you are putting your life on jeopardy Not only that, your financial resources as well will suffer It’s OK if you are from an affluent family and can support your bills What if you’re income is just enough to cover your everyday expenses . .Getting a needed medical treatment will surely put your financial situation into a breakdown That’s why some people resort to medical bankruptcy The reason for it is due to lack of financial resources The medical bills seems too expensive and unreasonable to their finances Some health institutions offer installment payments but the terms and conditions are just too disadvantageous Even though you are allowed to pay in installments, the monthly payment is sometimes not affordable Remember, if ever you undergone medical treatment, your physical body is still weak Employment seems too impossible and you’re left with no income at all . .How can you pay the health institution if you don’t have money? Unpaid medical bills to some extent can even lose some of your valuable properties like your home Due to desperation, you will resort to loans which have higher interest rates But if ever you can’t pay, the lender has the right to foreclose your property You have no option but just to declare medical bankruptcy Moreover, being bankrupt connotes negative consequences on your part There are limitations set by the court once you declared bankruptcy You cannot easily borrow from lending institutions for a certain period of time . .To avoid medical bankruptcy, it is helpful to have medical insurance In times of health treatments, the insurance company will take care of your bills That would be very helpful to you You don’t have to worry on where to get the money in paying all your bills You can just relax within the comforts of your home and never get problematic on the matter As much as possible, medical bankruptcy should be your last option Find means on how you can fight being bankrupt Better consult a professional to help with your problem .
Source: www.rsstnx.com

Bankruptcy Around the World

admin — Mon, 08 Mar 2010 16:20:06 +0000

Bankruptcy Around the World
Wherever you go in the world, finance is a language that is spoken fluently by some, and a completely indecipherable one for others There is such a wide range of topics connected with finance that a strong command of rules, regulations and options coupled with an ability to recognize money-making opportunities can bestow real purchase power upon an individual However, the world of finance is so fast-moving that if you take your eye off the situation for even a moment, you can end up in serious difficulties No matter where you are in the world, the circumstances that lead to bankruptcy exist And where the circumstances exist, so does the practice Just like in America, people go bankrupt all over the world Many of the practices are much the same - but there are some differences . .In Australia, for example, the process of filing for bankruptcy is largely similar to that in the United States You can commence proceedings yourself, or it can be the subject of a petition from a creditor looking to realize some of their asset - your bad debt - before you become a “won’t pay” customer However, a bankruptcy term in Australia is three years, but with the potential to pay it out If, before the three-year period is up, you can pay the debts off in full the bankruptcy will be annulled This encourages individuals to see bankruptcy as an opportunity to learn sound financial practice It is also possible to raise an Offer of Composition, which pays each creditor a certain percentage of what they are owed If they accept the settlement, the bankruptcy can again be annulled . .In Canada, it is possible to file a consumer proposal as an alternative to bankruptcy if your debt amounts to more than $5,000 and less than $75,000 The higher figure does not include the mortgage on the debtor’s home For debts larger than $75,000, it is necessary to file for bankruptcy under which there are additional rules and requirements, which include the appointment of a “Proposal Administrator” who is given the task of overseeing the debt to ensure that it is fully analyzed In many cases, creditors will choose to accept the consumer proposal even though it generally entails paying a reduced amount, because they will receive less under bankruptcy rules . .In the United Kingdom the Enterprise Act of 2002 made it possible for a bankruptcy to last less than 12 months This has led to a larger number of people filing for bankruptcy and a suspicion that many of those filing are people for whom bankruptcy is simply another financial service However, the banks themselves are markedly reluctant to lend money to a recently bankrupt individual, and in most cases it will take six years for bankruptcy to roll off an individual’s credit record, making it virtually impossible to get credit on anything resembling reasonable terms While some lenders have begun to offer loans and credit cards at prohibitive rates of interest, individuals are strongly discouraged from taking them . .Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter .
Source: www.rsstnx.com

How To Keep A Bankruptcy List To Make Your Bankruptcy Problems Private

admin — Sun, 07 Mar 2010 20:35:57 +0000

How To Keep A Bankruptcy List To Make Your Bankruptcy Problems Private
Nowadays, you see many commercials on TV trying to convince you that your credit score will determine just about every aspect of your future They tell you that you may not be able to get the job you wanted, the car you were dreaming about, or even the right spouse if you don’t have the right credit score Okay, so maybe they don’t mention the spouse, but I’m sure that will be coming up in the future commercial . .They make it seem like your whole world is going to come crashing down if you miss a few payments and have a negative credit rating So I can just imagine what they would say about someone who declares bankruptcy Not only will your credit be damaged, but your name and financial information may end up on some sort of bankruptcy list for everyone to see Is it really that bad? . . .Well, the truth is that bankruptcy is a big deal, and it should be treated as such Also, your bankruptcy filing will become a matter of public record, which means that people may find out about it and do some digging Are you going to be blacklisted when you try to apply for a job and make any kind of financial transactions? No, I don’t think so . .That’s not to say that bankruptcy won’t have its negative consequences After all, you just had your debts wiped out, and this will make creditors think twice (or three times) about giving you a loan But you will be able to gradually improve your credit score, especially if you are willing to pay higher interest rates In fact, some lenders even seek those who have just filed for bankruptcy because they don’t have any other debts to worry about! . .The bottom line is that you must do what is best for your family and your financial future, and you’ll only know this if you look over your situation carefully and discuss things with a bankruptcy lawyer Otherwise, don’t worry about being put on any kind of bankruptcy list Do what you need to do for your family, and don’t worry about what other people think .
Source: www.rsstnx.com

Advice To Help You Choose The Best Bankruptcy Lawyer
Bankruptcy is a heartbreaking situation, and in these difficult economic times it is no surprise that many people who thought they were financially solvent are now finding themselves in situations where they have to declare bankruptcy . .If you are a Dallas resident and find that you are faced with the definite or possibility of having to declare bankruptcy, you might want to consider hiring a bankruptcy attorney to assist you You can do a bit of research using the Internet, where you will find sites for many Dallas bankruptcy firms Most professionals now have a website, and luckily many of these include professionals in the legal field . . .A very important thing to remember is that the first Dallas bankruptcy lawyer you come across is not always going to be the best for your situation If you are looking at the attorney’s website, try to find a portfolio that describes the firm’s specialty, as well as background information and experience This can be evident in a win/lose ratio, where the lawyer went to school, how long they have been practicing law, and where they have practiced before . .You’ll also want to look at the cost of an attorney Granted, you don’t want a bargain basement bankruptcy attorney; but you do want someone who’s not going to rob you blind You are after all in a financial mess, and there’s no reason to dig yourself farther into the hole . .It is safe to assume that in a city as big as Dallas, you will have a massive amount of Dallas bankruptcy lawyers to choose from, so it’s okay to be a little finicky when it comes to choosing one Your case is important and you should only choose an attorney which you feel you can get along with so you can easily communicate and discuss your options You are entrusting not only your case, but your trust and confidence into this person, so be sure you do your homework and choose wisely!.
Source: www.rsstnx.com

Faqs Bankruptcy Questions You Probably Have About Bankruptcy
Declaring personal bankruptcy is no laughing matter It’s a serious step that you will have to study carefully before making your decision, since filing Chapter 7 or Chapter 13 will affect your family’s finances for a long time to come That’s why this article will cover some frequently asked questions about bankruptcy . .How much does it cost to declare bankruptcy? . . .Well, at the time of this writing, the cost for Chapter 7 bankruptcy filing is $274, while Chapter 13 would cost you $189 Keep in mind this is only the court filing fee and does not include your legal fees . .Has the new bankruptcy law made it more difficult to declare bankruptcy? . .The new bankruptcy law passed in 2005 by Congress and signed by President George W Bush has made the process more complex However, contrary to popular misconception, bankruptcy is still available for many Americans who need help There are some changes such as mandatory credit counseling and having to go through something called a means test in order to determine your financial needs based on income and expenses This was supposed to keep people from abusing the bankruptcy process when they didn’t really need it . .Do you really need a lawyer to declare bankruptcy? . .Following up on the previous question regarding the new bankruptcy law, you have to understand the process has become more difficult You really need a good bankruptcy lawyer who has kept up with all the changes and can give you the best possible advice for your particular scenario Going it alone is really not a good option, and you should make sure that your attorney is paying attention to your needs and answering your particular questions Generic advice is not good enough . .There are many more questions that you probably have regarding bankruptcy, and you would do well to continue to research the process before visiting a lawyer This will help you become more informed so you can make better questions during your visit, and you may even save some money by not wasting time asking the most common questions Keep in mind that a lawyer charges by the hour, and saving money is a good idea if your situation is bad enough to consider bankruptcy .
Source: www.rsstnx.com

7 Reasons Chapter 13 Bankruptcy Might Be Right for You

admin — Sun, 07 Mar 2010 00:41:56 +0000

7 Reasons Chapter 13 Bankruptcy Might Be Right for You
Changes in bankruptcy laws have left many to erroneously think that they can no longer declare bankruptcy. This is not true. Filing for bankruptcy is a decision that should not be made without first seeking the qualified counsel of a Texas bankruptcy lawyer. A Texas bankruptcy lawyer can help you decide which form of bankruptcy is best for you. Under Chapter 13 a debtor is given the ability to liquidate assets and set up a debt repayment plan that best suits them. This can give you the relief you need from high credit bills and other debt. The first step under chapter 13 is to receive credit counseling and budget analysis from an approved counseling service. This step can be omitted in a few situations of hardship, but most will have to undergo the counseling. It is an important step that must be taken to prevent your case from being dismissed. Speak with a qualified bankruptcy lawyer today to discuss your options under Chapter 13 bankruptcy. Generally speaking, Chapter 13 may be right for you if: 1. You have a stable source of income. You must be able to regularly make payments to pay back your debt. 2. You have enough disposable income after all expenses are paid to make regular payments for your debt. There is no set value for this. The courts will require a proposed budget to determine if you satisfy this requirement. 3. Your secured debts are less than $922,975 and your unsecured debts do not exceed $307,675. 4. You are behind on mortgage or vehicle payments you intend to keep 5. You have tax debt, or student loans 6. You have a large amount of non exempt property you do not wish to lose. 7. You have a cosigner on your loans you wish to protectMichele Wallace, author of this article, writes for the MaliseLawFirm". Hire experienced "San Antonio bankrupty attorneys" with Malaise and get the debt relief you deserve.
Source: www.ArticlePros.com

Advice To Help You Choose The Best Bankruptcy Lawyer

admin — Sat, 06 Mar 2010 03:31:56 +0000

6 Things to do if involved in a Motorcycle Accident

admin — Fri, 05 Mar 2010 04:07:57 +0000

6 Things to do if involved in a Motorcycle Accident
Motorcycle accidents have a reputation for being some of the deadliest. Motorcycles offer little protection to riders in the event of an accident; therefore the injuries are often severe requiring long recovery periods. Usually, motorcycle accidents are not the biker s fault. Due to the size difference between a motorcycle and passenger vehicle, motorcycles are harder to see and are frequently lost in the passenger vehicle s blind spot. Due to this fact biker s are often sideswiped by vehicles that simply did not see them. Some shocking statistics from the National Highway Traffic Safety Administration show that motorcyclists are 32 times more likely to die in an accident than passenger vehicle occupants, and 6 times more likely to suffer injuries. It is important to remember that biker s are entitled to compensation for injuries due to someone else s negligence as well as passenger vehicle drivers. If you are involved in a motorcycle accident it is important to remember the following things: 1. Report the accident to police. The police report is helpful to your auto accident injury lawyer in determining fault. 2. Record the names and statements of witnesses to your accident. Take pictures and record any unusual circumstances or whether that may have contributed to the accident. This will be especially useful should your case go to court. 3. Do not speak with any insurance agents or adjusters that may show up at the scene. This is an unscrupulous tactic sometimes used to get people to admit fault or say something that could hurt their claim. 4. Call your insurance company to report the accident. Do not speak with the other party s insurance carrier. Let your motorcycle accident injury lawyer deal with them. 5. Even if you feel you haven t sustained a serious injury, it is a good idea to get checked out by a physician. Some brain injuries do not show up right away and insurance companies may be reluctant to pay for an injury later on. 6. Contact a motorcycle accident injury lawyer as soon as possible.Michele Wallace, the author of this article, writes for the MaliseLawFirm". Malaise handles motorcycle accident cases for the citizens of San Antonio.
Source: www.ArticlePros.com

Finding that Perfect Bankruptcy Attorney isn t that Hard
Bankruptcy can be a very confusing time in one s life because although it means seeking out a bankruptcy attorney to bring about some sort of financial stability, it also means putting your immediate financial future on hold. On the other hand, you won t have to worry about creditors harassing you anymore. Even though filing bankruptcy constitutes a fresh start, the fresh start doesn t begin until ten years after your bankruptcy is discharged. In the meantime, it is possible to acquire some credit from those creditors who are friendly to those who have filed bankruptcy. But you must first find a bankruptcy attorney to get the ball rolling. Some charge different rates to get your bankruptcy started, so you want to find an attorney who has reasonable rates. A great place to check is the website Get Lawyer Advice where you can get legal advice and a list of lawyers for each state. Upon locating the appropriate bankruptcy attorney, you can begin your journey to financial stability. Whether you are filing a chapter 13 bankruptcy or chapter 7, your attorney is going to ask that you put some money down or pay the entire amount toward filing your bankruptcy. After you have put down the specified amount, your bankruptcy attorney will then look at creditor statements, etc. to ensure your amount of debt exceeds the specified amount that enables you to file bankruptcy. Once this is determined, your attorney will fill out a petition and by law you will be required to attend a credit counseling session. Unfortunately, if you are not happy with the attorney performing your bankruptcy, they may not refund your money. There are cases in which this has happened and clients have had to move on to another attorney. Again, this is why it is important that you research who you want to be your representing attorney and the internet is a great way to do that. Just remember that finding a good bankruptcy attorney does not have to be difficult with powerful tools such as the internet. Simply look at what other people have to say regarding the various attorneys, look at track records, and years of experience. With this, you will surely find yourself a competent attorney to handle your bankruptcy inquiry. To find that perfect bankruptcy attorney, go to www.getlawyeradvice.com to locate a bankruptcy lawyer within your state and learn valuable information regarding bankruptcy laws and procedures.http://www.getlawyeradvice.com
Source: www.ArticlePros.com

Advice To Help You Choose The Best Bankruptcy Lawyer

admin — Thu, 04 Mar 2010 07:42:05 +0000

The New Bankruptcy Law — How Will It Affect Debt Negotiation?
In April 2005, Congress made sweeping changes in U.S. bankruptcy law that will go into effect on October 17, 2005. It’s called the “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” and it means big trouble for Americans struggling with debt problems. What effect will the new bankruptcy law have on the practice of Debt Settlement (also called Debt Negotiation)? Will creditors still be willing to negotiate with consumers seeking to avoid bankruptcy? Will lump-sum settlements for 30%, 40%, 50% still be possible now that this tough new law has been passed? The short answer is “YES.” It will be “business as usual” in the collection industry. People that choose to file bankruptcy will definitely be affected for the worse, as I’ll outline below, but those who choose to privately negotiate their way out of debt will notice very little difference. Creditors will still negotiate. Deals will still be made. And nothing much will change in the world of collections. In fact, a viable alternative to bankruptcy will be needed more than ever. The credit card banks lobbied with millions of dollars to get this law passed. They’ve been working at it for about a decade. Now they are celebrating. These are the folks who think the bankruptcy system has been abused by wealthy individuals, who have defrauded creditors when they could have repaid their debts. The facts tell a different story: 1. During the period from 1995 to 2004, bankruptcy filings doubled, while in that same period, credit card industry profits TRIPLED. 2. Credit card companies have not been held accountable for their targeting of “easy credit” to individuals who could not afford such loans, which in turn has contributed to the wave of bankruptcies over the past decade. 3. For people 60 or older, 85% of bankruptcies are caused by medical bills or job loss. 4. A divorced woman is 300% more likely to file bankruptcy than a married woman. 5. African-American and Hispanic homeowners are 500% more likely to file bankruptcy than white, non-Hispanic homeowners. 6. Approximately half of all bankruptcies are filed because of medical expenses due to lack of health insurance, or lack of adequate coverage leading to uncovered expenses. 7. The median income of bankruptcy filers is $25,000. (So much for the “rich” abusing the system.) The new law was a GIFT to the credit card banks, pure and simple. Some estimates show that it will add another $5 billion to the industry’s bottom line. In other words, the bill is about profits and not much else. Since my whole approach is about avoiding bankruptcy, I won’t go into a detailed analysis of the provisions of the new law. But just to summarize, the net effect is that many (if not most) people seeking relief under Chapter 7 bankruptcy will be forced to file under the Chapter 13 version instead. In plain English, that means that most filers will be forced to pay back a portion of the debt over a 5-year schedule set by the court. One of the worst aspects of the new bill is the use of IRS “allowable” expense schedules for determining your monthly budget. In other words, your actual living expense are thrown out the window in favor of the IRS standards (and we all know how generous the IRS can be!). So if your actual rent is $1,300 per month, and the IRS says it should be $1,045 for your county and state, that’s TOUGH! The court will only allow the $1,045, period. In short, people attempting to file bankruptcy after October 17, 2005 are in for an extremely rude awakening! Goodbye cell phones, cable TV, high-speed Internet access, movies, meals with the family, and anything else beyond the minimum allowable expenses as determined by the IRS and the courts. So what makes me so certain that the banks will be as eager as ever to settle with consumers for 50 cents on the dollar or less? Simple. Two words: Stealth Bankruptcy. Hundreds of thousands of Americans are going to discover the new reality of this tough law, and they are going to forgo the court system of filing bankruptcy in lieu of what I call “stealth bankruptcy.” A stealth bankruptcy is when you move (with no forwarding address), change your phone number, and drop off the radar screen to live on an all-cash, no-credit basis. Many people already choose this path rather than deal with the invasion of privacy that comes with formal bankruptcy. After the new law goes into effect, more people than ever will take this approach. Besides the problem of stealth bankruptcy, there are other good reasons the banks will settle as they always have. Consider these points: A. The creditor doesn’t know whether or not you’ll still qualify for Chapter 7 or Chapter 13 bankruptcy. They still face the risk that you will qualify for Chapter 7 and end up discharging your debt in full, which means they get NOTHING. B. Even if you file Chapter 13 under the new guidelines, the creditor will still only receive 30-50% of the debt on average (much less in some cases). C. Under Chapter 13, it will still take the creditors 3-5 YEARS to recover that 30-50%. D. A lump-sum of 30-50% TODAY is far better than the same amount collected over 3-5 years. Of course, I certainly expect debt collectors to use the new law to harass and intimidate people who don?t know and understand their rights. You can expect them to say things like, “You can?t file bankruptcy under the new law, so you?d better pay up today!” They will bully and threaten as always, but at the end of the day, they will still accept reasonable settlements. After October 17, 2005, it will still be “business as usual” in the world of debt collections. Charles J. Phelan has been helping consumers become debt-free without bankruptcy since 1997. A former executive in the debt settlement industry, he teaches the do-it-yourself method of debt negotiation. Audio-CD material plus expert personal coaching helps consumers achieve professional results at a fraction of the cost. http://www.zipdebt.com
Source: www.ArticlePros.com

Finding that Perfect Bankruptcy Attorney isn t that Hard

admin — Wed, 03 Mar 2010 09:52:04 +0000

Basic Information About Bankruptcy

admin — Tue, 02 Mar 2010 13:42:00 +0000

Basic Information About Bankruptcy
How will Filing for Bankruptcy Affect my Credit? . .Bankruptcy is a life changing event in any person’s life, with long lasting consequence For example, a record of the bankruptcy will appear in the Public Records section of your consumer credit report for the next ten years Having said that, however, consumers can and do seek and obtain credit after going through bankruptcy . .What Information will be on my Credit Reports? . .In addition to the public record of the bankruptcy, each of your creditors that were included in the bankruptcy will update your account to reflect the bankruptcy The exact information reported will vary based upon the history of the account at the time the bankruptcy is filed In general, most accounts should be reported as “Included in Bankruptcy ” Some may refer to the specific type of bankruptcy with remarks such as “Chapter 7″ or “Wage earner repayment plan ” . .After bankruptcy, the balance, current payment, and amount past due should all reflect zero dollars However, if you were late on your bills before your bankruptcy was filed, those notations may or may not appear on your credit reports The last part of this article discusses how to dispute false information on your credit reports after bankruptcy . .Will I be Able to Get Credit after Bankruptcy? . .For the majority of consumers that file for bankruptcy and either obtain a discharge (Chapter 7) or complete their repayment plan (Chapter 13), the answer is “Yes” It is likely that credit will be more costly than prior to bankruptcy, which may be reflected in higher interest rates, security deposits, or lower amounts of credit offered The two most important factors in being able to obtain credit after bankruptcy are 1) paying all of your bills on time after bankruptcy; and 2) the length of time that passes after your bankruptcy Obviously, you have control over the former, but not the latter Consumers can rebuild their credit after bankruptcy by using low limit or secured credit card accounts, and conscientiously paying them off each and every month . .How to Dispute False Credit Reports after Bankruptcy . .As noted above, post-bankruptcy credit reports should show discharged accounts as “Included in Bankruptcy” with a zero balance and zero past due Often these accounts are reported inaccurately, or have not been updated with the correct information Under the Fair Credit Reporting Act, consumers have the right to dispute false or incomplete information in their credit reports . .First, get a copy of your credit report Consumers can request their free annual credit report by writing to Annual Credit Report Request Service, P O Box 105281, Atlanta, GA 30348-5281 The request form is available at the annualcreditreport com website . .Next, send a written dispute letter to the credit reporting agencies Tell them that you filed for bankruptcy, and give them the bankruptcy court case number List the specific accounts and account numbers which were discharged Send your letter via certified mail, with a return receipt requested Keep a copy of your signed, dated letter, along with copies of enclosures . .If you cannot get false information deleted from your credit report, you may want to talk to a consumer protection attorney about your rights under the Fair Credit Reporting Act .
Source: www.rsstnx.com