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Most Recent Articles For: Bankruptcy

Written by Jon Ochs on July 29th, 2008
by Jon Ochs

What most people are looking for in a debt management program does not exist. I find myself constantly on the phone with clients who are drowning in credit card debt, looking for the perfect debt management program. This is the criteria they are usually seeking: - Eliminate all debts quickly - Have a positive effect on their credit - Not have to deal with any phone calls from creditors

Reality Check: There is no such program!

I have found throughout years of helping people free themselves from debt, that most are initially looking for the option that does not exist. To reiterate, there is no debt relief option in existence that will give you the above benefits. Let’s take a good look at the options that are available and provide some basic information about each one.

Debt Consolidation Loans: Debt consolidation loans are, in most cases, home equity loans or second mortgages. This is when you take the equity out of your home to pay off credit cards or other unsecured debts. The positive is that you can exchange your high-interest unsecured debts for a lower-interest, single payment that can sometimes have a tax benefit. The negative is that most people who have a lot of unsecured debt will not qualify for a loan, or have any equity in their home.

Credit Counseling: Credit counseling companies have been getting a lot of trouble lately with consumer protection agencies. Most of them are non-profit and claim to lower your interest rates and provide a low monthly payment. Typically, they take your payment and distribute to pay each creditor a small payment. The good thing is well there is no good thing. Credit counseling programs hardly ever do what they claim, and many creditors no longer participate. Most have found this to be a serious waste of money and time. The bad thing is that your creditors will enter a statement onto your credit report for every account in credit couseling that states that the account is handled through a program. This is a seroius negative for anyone looking at your credit.

Debt Settlement: This has become, by far, the most popular and most effective program for getting out of debt in a short period of time. However, you must truly be in a financial hardship and not able to pay your current minimum payments. The idea here is to negotiate an accepted settlement of less than what is owed with each of your creditors. All creditors will accept settlements as long as you are far delinquent, and have shown valid reason. It seems that attorneys have been most effective in negotiations with creditors due to the fact they cannot be easily bullied by debt collectors. The positive is that you can completely pay off your accounts for a fraction of what is owed in a very short time-frame; usually 36 months or less. The negative is that your accounts must become very delinquent before creditors will accept settlements. This is not a problem if you are in a financial hardship; after all, you already have an inability to make your minimum payments.

Bankruptcy: It once was that anyone could file chapter 7 bankruptcy. In the post-bankruptcy reform era most people now don’t qualify for bankruptcy, and have no other alternative except the options outlined in this article. The good thing is that once a chapter 7 bankruptcy is fully discharged, the owed amounts are written off and will not pursued further. The bad thing is that it is that you will have a permanent public court record, and will also have a public record on your credit report for up to 10 years.

I hope you find this to be helpful information that will also provide you with the ability to choose the best debt management program given your circumstances.

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Written by Raymond Lam on July 26th, 2008
by Ray Lam

Correcting inaccurate information is a task that is frustrating, costly and can continue for a lifetime, especially if hit with an identity theft. Correcting your information with Experian is now easier than ever! If you have a current Experian report, simply log in to your member center, view your current report and click on the “Dispute Information?”. Get free credit report from Experian by asking for one in writing, online or by phone.

Changes in employment and an unstable history of residence can have a very detrimental effect on your credit rating, causing you to get turned down for a rental. Changes in employment and an unstable history of residence can have a very detrimental effect on your credit rating. You should check the status of any online investigation that you have previously requested and view the results of your online investigation after you have received the notification that your results are available for viewing. This will require you to get free credit report from Experian.

The Experian credit report runs distinct individual credit files for every single person in the United States; there are no combined accounts not even for married couples. Most of the data from the public records are kept for seven years before deleting, other issues like bankruptcy remain for about ten years on the credit report. But all active positive data about the consumer stay on the credit report indefinitely and the list of all those that request for the consumer’s history last for two years in the credit report.

A free credit report can be requested online. The free credit report is yours to keep. The free credit report shows credit-related information such as dates when new accounts were opened, balances and collection activity. If you spot possible fraudulent activity, immediately report loans or credit cards opened without your permission to the issuing financial institution.

The first thing you do is order a fresh copy of your credit report if its been awhile. I recommend viewing your credit report online because it simplifies the process of disputing any errors, because you can go through your report section by section and just click a button if you have anything to say about your report, you can actually dispute your report as you look at it. Once you find something that doesn’t belong and click that magic button to dispute that entry, a notice is immediately sent out to the source of the information you are disputing, this is how they verify if the information is accurate or not. They only have 30 days to do this so you get the results of your actions pretty quickly.

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Written by Joseph Then on July 25th, 2008
by Joseph Then

Bankruptcy is a formal proceeding that allows an individual or business to get their financial debts under control. Bankruptcy was developed to help debtors and creditors. It is not an easy out and should not be treated as a way to get out of paying for debts. Rather, bankruptcy is a helpful process that can allow you to get your debts back in order and turn your finances around.

I am sure you may have heard of a few types of bankruptcies. Confused? Well. Let me tell you this; the type of bankruptcy depends on the situation you’re. Chapter 9 bankruptcy is the type of bankruptcy that is reserved for municipalities.

The Basics

What does chapter 9 bankruptcy do? Well, it is to help municipalities who reach financial trouble. This happens because budgets are not controlled. So how does Chapter 9 bankruptcy help? It helps municipalities by giving them a way out so that they are not a loss.

This is a protection of the public as much as a protection for the creditors. If a municipality goes under the people living there are going to suffer as well. Chapter 9 seeks to keep everyone from disaster.

Is Chapter 9 the Right Choice?

A municipality in trouble is a town in trouble. The problems do not just affect the people running the town, but everyone living there. It is a matter of being responsible and doing what is right for the people.

Chapter 9 allows a municipality to come back from trouble and rebuild with minimal effect on the people. It allows for debts to be repaid according to a court set repayment plan.

An advantage of filing for Chapter 9 is that you can avoid a shaky future and you may even save the town!

Filing Bankruptcy

If you are a municipality, you are expected to keep the budget under control. However, at times, this may seem impossible and you may have gone too far out. The only way to get your finances back into order is to file for bankruptcy.

By filing for Chapter 9, it allows the municipality to be responsible and pay the debts to protect the town. It is a win- win situation as it protects the citizens and the creditors will get their money back too.

Now that you are armed with this information, I am sure you know what Chapter 9 is about. One advice; even though Chapter 9 can help a failing municipality get back on its feet and start a better future course, it should be a last resort.

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Written by Andy Stevens on July 25th, 2008
by Giles Bertie Harrison

The current financial situation in the UK not looking good with more and more being spent on credit cards, the credit crunch doesn’t look like it will be over away any time soon. For most people this is a big problem, but what if you own a small business? You can be most at risk of going bankrupt over the next 12 months, but by following a few easy points you could avoid bankruptcy all together and beat the credit crunch.

How did the credit crunch start? With the American mortgage holders on low incomes unable to meet their loan repayments, many homes have been repossessed and banks now have to write off the so-called sub-prime loans. These loans are what a lot of banks in the US and in Europe have bought packaged up in collateralised debt obligations which are basically pools of debt. These debt pools are now worth a lot less than when the banks first paid for them and are very difficult to sell and have forced some banks to close funds that were exposed to these loans and the US sub-prime sector.

This has caused the banks to increase the cost of borrowing to its customers which is now well above the target rates set by institutions E.g. the Bank of England. This means that people, especially those with poor credit ratings are finding it harder and more expensive to borrow money or get a mortgage.

How will it affect my business? The main problem will be the distinct lack of loans any business can make from the bank. If your business relies heavily on overdrafts and bank loans then you could be most at risk due to banks are now declining people and businesses loans. The credit crunch can claim jobs although these seem to be limited to relatively well paid members of staff in large international banks, but there is a threat that job losses from employers in other parts of the economy, and is seen as the next logical step.

So what can I do? Obviously the first step is to cut down on spending and borrowing. Loans are now coming with an interest rate in excess of 10%. This can put business in more debt so try to cut back on the items and products you don’t need at home and for your business, you could try switching to supermarkets own brand products and take advantage of two for one offers and buy one get one free. Try to produce plausible and accurate cash flow forecasts on a monthly basis as these will help you to be prepared to take tough decisions if the credit crunch hits you harder then you first thought.

But if you are desperate for money consider releasing equity in your home. This will allow you to get access to funds and also have the peace of mind that your home is secure as long as you use a reputable company. Sell and rent back companies work by buying your house and then renting it back to you over a period of ten years. You can get companies which will give you 100% of the value of your home by giving you 70% when you sign up and the remaining 30% at the end of the tenancy. Some sell and rent back companies may offer a by back service if you think you will have the financial security in a few years to purchase your house back from the company.

Looking forward. The credit crunch is a problem for everyone, but if you make sure you manage your finances carefully you and your business won’t have a problem.

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Written by David Hall on July 22nd, 2008
by David Hall

Consolidation gives you the opportunity to reduce the size of your monthly payment. Depending on the total amount of student loans that you have you can choose one of several repayment plans with loan repayment periods up to 360 months. The interest rate on your Federal consolidation loan will be the weighted average of the current interest rates on your eligible student loans being consolidated rounded up to the nearest 1/8%, or 8.25%, whichever is less. The interest rate on your Federal consolidation loan will be the weighted average of the current interest rates on your eligible student loans being consolidated rounded up to the nearest 1/8%, or 8.25%, whichever is less.

There are no fees or credit checks as part of this program. You can always avail of a college loan consolidation or a school loan consolidation for all your student loans. If you are an American student or one studying in an American school, then you are eligible for federal student loan consolidation from the U.S. government. Federal student loan consolidation plans are applicable for all students whether you are still in school or a recent graduate or already into your new career. A Federal consolidation loan allows you to combine all of your eligible Federal education loans into one loan with a low, fixed interest rate and a flexible repayment plan.

The federal law school loan consolidation on the other hand, is a consolidation program for federal law school loans offered of course by the federal government. Usually, such loans are not sufficient enough to cover all college fees but many students prefer these to private student loans because of much lower interest rates. Stafford loans are low interest rate loans borrowed in the student?s own name. It is free, and there is no obligation.

You will be required to have good credit, or apply for a loan with a creditworthy co-borrower. Distinguishing between private school loan consolidation and federal school loan consolidation can sometimes be tricky . Medical school graduates interested in consolidating private medical school loans must seek out a private student consolidation loan with a lender. So it is very important to know the difference. Interest rates are typically variable and adjusted quarterly.

Consolidating your student loans during your grace period will secure a lower interest rate. The application process consists of a short list of your contact information and detailing the loans you owe, who currently holds them, and what the balances and interest rates are. Consolidate any loans that you have.

School loan consolidation can make payback easier, but it isn?t without pitfalls. You can consolidate your existing college loans now to secure the low rates for at least one component of their student loan portfolio. Finally, make sure you don?t try to include any federal student loans in the private loan consolidation process.

Some lenders offer private consolidation loans for private education loans as well. Consolidation loans combine several student or parent loans into one bigger loan from a single lender, which is then used to pay off the balances on the other loans. It is very similar to refinancing a mortgage. If you begin to encounter any problems get ready to acquire school loan consolidation, it may be your best alternative to bankruptcy.

If you’re pondering whether or not to consolidate student loans, consider this; all college loans have unique attributes, and not all may be perfectly suited for student loan consolidation. Student loan consolidation is, in most cases, an outstanding option for reducing monthly payments, locking in low rates, and earning opportunities to shave money off your loan balance with lender incentives. When you consolidate student loans, you lock in the current interest rate by allowing the lender to repay the entire amount, then repaying the lender free from government interest rate fluctuations. When you consolidate student loans, you lock in the current interest rate by allowing the lender to repay the entire amount, then repaying the lender free from government interest rate fluctuations. When you consolidate student loans, you lock in the current interest rate by allowing the lender to repay the entire amount, then repaying the lender free from government interest rate fluctuations.

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Written by Giles Bertie Harrison on July 18th, 2008
by Giles Bertie Harrison

The current financial situation in the UK not looking good with more and more being spent on credit cards, the credit crunch doesn’t look like it will be over away any time soon. For most people this is a big problem, and sadly it gets worse if you own a small business, as you can be most at risk of going bankrupt over the next 12 months. But by following a few easy points you could avoid bankruptcy all together and beat the credit crunch.

How did the credit crunch start? With the American mortgage holders on low incomes unable to meet their loan repayments, many homes have been repossessed and banks now have to write off the so-called sub-prime loans. These loans are what a lot of banks in the US and in Europe have bought packaged up in collateralised debt obligations which are basically pools of debt. These debt pools are now worth a lot less than when the banks paid for them and are very difficult to sell and have forced some banks to close funds that were exposed to these loans and the US sub-prime sector.

This has now caused banks to increase the cost of borrowing which is now well above the target rates set by institutions E.g. the Bank of England. This means that people, especially those with poor credit ratings are finding it harder and more expensive to borrow money or get a mortgage.

How will the credit crunch affect my business? If your business relies heavily on overdrafts and bank loans then you can be most at risk due to banks declining people and businesses loans. The credit crunch could claim jobs although these seem to be limited to relatively well paid members of staff in large international banks, but there is also a threat of job losses from employers in other parts of the economy, and is seen as the next step.

So what can I do? Obviously the first step is to cut down on spending and borrowing. Loans are now coming with an interest rate in excess of 10%. This can put business in more debt so try to cut back on the items and products you don’t need at home and for your business, you could try switching to supermarkets own brand products and take advantage of two for one offers and buy one get one free. Try to produce plausible and accurate cash flow forecasts on a monthly basis as these will help you to be prepared to take tough decisions if the credit crunch hits you harder then you first thought.

But if you are desperate for money consider releasing equity in your home. This will allow you to get access to funds and also have the peace of mind that your home is secure as long as you use a reputable company. Sell and rent back companies work by buying your house and then renting it back to you over a period of ten years. You can get companies which will give you 100% of the value of your home by giving you 70% when you sign up and the remaining 30% at the end of the tenancy. Some sell and rent back companies may offer a by back service if you think you will have the financial security in a few years to purchase your house back from the company.

Looking forward. The credit crunch is a problem for everyone not just businesses, but if you make you manage your finances carefully you and your business won’t have a problem.

About the Author:

Written by Joseph Then on July 18th, 2008
by Joseph Then

By the time you finish reading this, you will be equipped with the knowledge to avoid bankruptcy and how to avoid it. It is true that people nowadays depend a lot on ‘plastics’ and most of the time; this is the reason that leads to bankruptcy.

If you think that this will not happen to you, think again. I bet you will feel helpless, especially if you lose all your personal belongings and assets. Trust me; the truth will be hard to swallow.

If you have ever been in this state you know how it feels. However, if you have not, let me just tell you how it is. Imagine how you would feel to lose all you money, property and assets? I bet you’ll feel helpless.

I bet this scares you. Often a debtor may file for bankruptcy against himself. This is done when the debtor realizes his inability to pay his creditors. However, filing for bankruptcy is often a last resort situation. Usually, bankruptcy is a win- lose situation.

This may sound scary to some. Therefore, you should avoid getting caught in such a situation. Bankruptcy happens when a creditor files a bankruptcy petition against debtors. In most cases, the debtor will file for bankruptcy in order to settle outstanding debts. This usually happens when the debtor realizes that he is not able to pay his creditors.

Given the negative effects of bankruptcy, I am sure no one wants to be caught in such a situation, you should follow these pointers. The first thing you should remember is that you should never pay your credit card bills with another credit card.

If you think that you are at risk of being a bankrupt, you should read on as below are signs of someone who is about to or may be declared a bankrupt. An advice that I can give you is that you should pay your bills regularly. It does not matter if the bill is just twenty dollars; you still have to pay it. Always avoid delaying the payment of your bills.

One more advice that you should heed: Avoid getting loans. Having a lot of money in hand may be a good thing but having to pay the high interest plus the amount you borrowed will not be a stroll in the park. Some companies charge ridiculously high interest and thus, you will end up having big financial issues if you take up the loan. And if you can’t afford to pay the monthly bill, they will file a bankruptcy petition against you.

By following these pointers, you can avoid bankruptcy. Bankruptcy can have many negative effects. Once you are declared a bankrupt, it will be difficult to apply for loans from banks and many more problems will arise. Therefore, you should remember and take note of the pointers above.

Now that you know this, you will know and determine if you are at risk of bankruptcy. If you think that you are at risk, you should heed professional’s help as they will tell you the steps you need to take to turn your life back on track. You should also remember that bankruptcy has many negative effects.

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Written by William Blake on July 11th, 2008
by William Blake

People write out checks to purchase things when they know full well that they do not have the necessary funds in their account much more often than most would care to admit. Although common, this bad habit can lead to poor financial management and debt later on down the line.

When you take a job, you are given a salary. The salary only changes if you get a promotion. For those that work an hourly wage, the amount of your check changes if you work more or less hours each week. Despite our paychecks being fairly consistent, people continue to spend more money than they earn.

One cause of this is the “buy now and pay later” trap. Knowing that the first payment is two years away gives consumers a false sense of security. They may have walked into the store to purchase a bed, and end up walking out with the entire bedroom set because they don’t have to make payments until 2009!

Keep in mind, though, that if you could not afford to buy the bed you wanted to look for, buying even more expensive bedroom furniture really does not make a lot of sense. Not having to pay for two years is no guarantee that you will have the money you need to pay for your furniture then either.

Credit cards can also be a trap if not used with discretion. Statements come at the end of the month. Erroneously you might think that although you don’t have the money now, you will have it when the bill comes due. The problem with this thinking is that you haven’t figured in the budget the money you just charged to the card. Once you pay the other bills, there won’t be enough to pay the card balance so you pay the minimum. An unpaid balance on the credit card results in a larger balance next month even if you don’t charge anything else.

If you don’t learn how to be responsible with your money, your money situation will only get worse until it finally reaches some point where drastic measures like credit counseling or bankruptcy must be taken. There are many resources of help for people who are stuck in deep, financially destructive debt. Sadly, not nearly enough people avail themselves of such tremendously beneficial assistance.

Carrying a certain amount of debt has become a status symbol. Everyone else has debt so why shouldn’t I? People are not pressed to get rid of their debt. As long as they can pay minimum balances it doesn’t seem to matter that it will take five years and several hundred more dollars to pay off a credit card.

Overspending will be a problem as long as there are available sources of credit. Future consumers can be affected by today’s buying habits, since they are learning from this generation’s actions. It is important to think about just what it is that they are being taught.

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Written by Joe Macker on July 7th, 2008
by Joe Macker

Chapter 7 bankruptcy is one type of bankruptcy that is available for people to file under the Bankruptcy Code. This form of bankruptcy is not available to everyone. Only certain people can file this type of bankruptcy and only people in certain situations should someone file this type of bankruptcy.

Eligibility For Chapter 7 Bankruptcy

Wondering who can file for Chapter 7 Bankruptcy? Well, it is only available to individuals and some businesses. Assets need to be limited to those that can be claimed as exempt in order to file for Chapter 7 bankruptcy.

Even though sometimes the court may rule that a person is not able to file a Chapter 7, at times, it may be one of the best moves you can make.

Process of a Chapter 7 Bankruptcy

The process of filing a Chapter 7 bankruptcy starts with collecting all the information about your debts and your financial situation. You will be required to meet with a counselor and attend counseling that will help you to decide if filing bankruptcy is the best option.

You will then be able to start filing out the proper forms and filing them with the court. Over the next few months or so you will be required to attend court and plead your case. The court will then decide if your bankruptcy is granted or not.

As you can see, this is quite a long process. However, you do not need to worry because as long as you are still undergoing the process, you are protected from debt collection by creditors.

Any Risks Involved?

If you think bankruptcy is an easy way to clear your debts, think again. Recent changes in the bankruptcy laws has made filing bankruptcy more difficult and in some cases impossible.

Filing for bankruptcy has quite a number of negative effects. Firstly, you can lose your assets. Other than that you will have a damaged credit record. This is especially bad as it may be difficult for you to get loans and credits in future.

However, according to new laws, you may be able to file for Chapter 13 instead of Chapter 7. This can be done if your income is deemed to be more than the set amount. The court will then decide how you can pay back the amount you owe.

Now its time to put the knowledge to the test! You should always remember that bankruptcy is not an easy way out. And if you are serious about filing for Chapter 7, you need to be prepared for the consequences.

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Written by Joseph Then on July 6th, 2008
by Joseph Then

Chapter 13 bankruptcy is one type of bankruptcy. There are various types of bankruptcy and understanding each type is important. Chapter 13 is available only in certain situations and only those who are best qualified for this type of bankruptcy should file under it.

Basic Outline of Chapter 13 Bankruptcy

So, who can file for Chapter 13? Well Chapter 13 can be filed by individuals who have a steady and secured source of income.

What exactly is Chapter 13? Chapter 13 is actually a repayment plan. Individual will work together with the court, and creditor to come out with a repayment plan which is based according to the individual’s income.

Filing Chapter 13 Bankruptcy

The new bankruptcy laws require you to first eek counseling about your credits. You will then need to file paperwork before the process of Chapter 13 begins.

In the process, your income and debts are being looked at. A payment plan is then devised based according to your income. In order to continue with the repayment plan, both you and your creditors have to agree with the plan.

You will have to file a lot of paperwork and attend court hearings. It is often smart to have a lawyer who can help you with negotiations with creditors. The process can be frustrating, but you are under the watchful eye of the court and also protected by the court, so you have nothing to worry about. The court will help you to reach a repayment plan you can live with.

It may take up a lot of you time before it gets finalize but you will be on the winning end after all the trouble you went through.

Things to Know About Chapter 13 Bankruptcy

Many people wonder why to file a Chapter 13. Since it is a repayment plan you are not getting debts wiped away so why not just do debt consolidation instead? The easy answer to that is the court’s involvement in the bankruptcy process.

Why court involvement? By having court involvement, you can have more protection and options. The court will ensure that you can afford the repayment. You are considered a willing party instead of being demanded for unreasonable payment plan you cannot afford.

Other than that, once you are in the process of bankruptcy, creditors are not allowed to pursue collections thus; you will be able to protect your assets.

Of course, as with bankruptcy in general, it is always best to avoid it if possible. You can start with trying to get creditors to work with you and then only move to bankruptcy if you are feeling threatened with losing assets and court proceedings.

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