‘bankruptcy’ Tagged Posts

What Is The Plan In A Chapter 13 Bankruptcy?

It helps to have a plan. In life. In business. In relationships. Plans are good things. So to, in Chapter 13 bankruptcy, having a plan is not o...

 

It helps to have a plan. In life. In business. In relationships. Plans are good things. So to, in Chapter 13 bankruptcy, having a plan is not only a good idea, it’s the law!

Clients look to me as their Orlando bankruptcy lawyer to formulate a Chapter 13 plan that meets all of their financial goals. The Chapter 13 plan, which lasts from 3 to 5 years, is used to cure arrearages on a mortgage, completely eliminate a second mortgage, discharge credit card debt, shave money off a car loan, or pay off IRS debt.

The person filing the Chapter 13 bankruptcy (the Debtor) must file a payment plan at the start of the case. The purpose of the plan is to explain what objectives the Debtor wants to meet while in bankruptcy. The plan also alerts creditors as to how they will be handled in the plan. Lastly, the plan tells the Chapter 13 Trustee who she is supposed to pay and what amount she is supposed to pay each creditor.

There are many decisions to be made by the Debtor when constructing a Chapter 13 plan. I see many Do it Yourselfer’s in Court who have a really hard time successfully formulating a plan that can be understood by the Trustee or the creditors. This often will result in the creditors objecting to the plan, or the Trustee filing a motion to dismiss the case. When that happens, the person has a bankruptcy on her credit report and absolutely nothing to show for it.

Hiring an experienced Orlando bankruptcy lawyer who has successfully represented clients through the Chapter 13 process in Orlando is a must if you want a smooth ride through the case. In the vast majority of cases I file for my clients, so long as the Trustee payments are being made, my clients never have to appear in Court. More importantly, my clients accomplish the goals they set out to achieve at the beginning of their case.

Having a plan is important, especially in Chapter 13 cases. Having a plan that successfully navigates you through the case and relieves you from overwhelming debt is even better.

Looking for help with filing Chapter 13 bankruptcy, then visit www.khuntergoffpa.com to find the best Orlando bankruptcy lawyer for you.

Do I Owe Enough To File For Bankruptcy?

 

When I was a kid my Grandad used to tell me that if I ate my Lima Beans (Yuck!) they would put hair on my chest! I believed that myth, after all, my Grandad was a good source of information and he could bend a spoon just by looking at it! As you get older though, you learn that if you rely on unchecked myths you can really take a beating in life.

Many of my Orlando bankruptcy clients share a common question, borne out of a pervading myth, when they come in for their free evaluation with me at our first meeting. That is “Do I Have Enough Debt to Qualify for Bankruptcy?”

California bankruptcy lawyer, Douglas Jacobs, discusses in a recent blog, the question of “Do I Qualify to File for Bankruptcy?” A simple “Yes” is his answer. Most people will be able file for some kind of bankruptcy, in my opinion. Only an experienced bankruptcy lawyer, after reviewing your entire financial situation, can answer the more appropriate inquiry of “Should I file for bankruptcy?”

A Chapter 13 bankruptcy puts limitations on the amount of money a person can owe and still file for that type of bankruptcy, but in Chapter 7 bankruptcy there are no limitations on debt you can owe when filing this type of bankruptcy. Therefore, how much or how little you may be in debt to your creditors does not come in to question when considering whether you qualify to file for Chapter 7 bankruptcy.

The Chapter 13 trustee in Orlando scrutinizes each case to determine if someone’s debts exceed the limitations put forth in the bankruptcy code. As an Orlando bankruptcy lawyer, I know the Chapter 13 trustee file a Motion to Dismiss when a person’s debt is over the limitations. The bankruptcy code currently states you cannot owe more than $360,475 in debts to unsecured creditors, like credit cards, medical bills, signature loans, etc. When it comes to secured debt, things like home loans and car loans, the Chapter 13 debt limit is $1,081,400. So in Orlando, if you owe more than these limits, you may see a Motion to Dismiss filed in your Chapter 13 case.

The number of myths about bankruptcy are staggering, and it is unclear where most of them originated. As an Orlando bankruptcy lawyer, I believe the myth about having to owe a certain amount to file for bankruptcy ranks prominently on the list of the top bankruptcy myths.

With the knowledge you’ve gained, you now know that you will probably be able to file some type of bankruptcy. Your next step should be to contact an experienced bankruptcy lawyer to review your financial situation. This myth, and many others you may have heard about bankruptcy can be put to rest by a knowledgeable bankruptcy lawyer.

If you are considering filing for bankruptcy, make sure you hire an experienced bankruptcy lawyer to work for you. Do you have more questions about filing for bankruptcy before you take the plunge? Check out K. Hunter Goff’s FREE eCourse.

Hints To Help Get Rid Of Your Debt

 

When you are in debt you know that you are going to want to get rid of that problem as fast as possible. The problem that you could run into though is not knowing how to get rid of that right away. However, if you have some tips you can easily eliminate your debt quickly and then get back to living life like you want to rather than how your debt is telling you that you have to live it.

One bit of advice is to take all of your credit cards and cut them up. By cutting up your cards you will not be tempted to use them anymore because they are gone. So that could help you in paying them off without having to worry about putting anymore money into the card.

Another great piece of advice would be to contact the place that is in control of your loans to see if they are willing to work out a repayment plan for you. Doing that could help you get the interest rate lowered and get the bills down to a more acceptable reason.

Something else that you might want to consider doing is talking to some of the various debt management programs that you see advertised. These programs will vary in what they perform, but some of them will talk to your lenders for you and get an even lower rate than if you talked to them.

Make sure that you establish a budget for yourself and follow it closely. By having a budget in place you will know where all of your money is going to. Then you could get the proper amount of money coming in to balance your budget off.

When you want to get back to living your life you know that you need to eliminate your debt. However, you will want to make sure that you know some of the hints to help you get rid of that problem. Without those hints you could find that you are going to be treading water to get it paid off only to see that you are not making any real headway in getting the problem paid off.

Discover great tips to get out of debt by searching online. There you can find methods to eliminate debt and find a way out of financial problems. Head online now and learn more.

Essential Points On How To Restore Your Credit

 

It’s so crucial to have excellent credit rating. A lot of individuals don’t recognize just how crucial good credit is until they have poor credit and go to try and get a loan for college or for a new car. Whatever you want to do with your life, things are going to be much easier for you if you have a good credit standing. If you’re one of the many people who have made some mistakes financially and need to start rebuilding your credit, learning how to repair your credit is essential.

It is critical to get off on the right base and that means to stop and desist with bad spending habits. Cut up your charge cards, sell one of your vehicles, whatever you have to do to cut back on the bills and get yourself some extra money each month. The next thing is to acquire a copy of your credit report so you can check it over. Understand your credit report and determine where the most adverse items are, keeping in mind that this is what lenders look at when they’re considering you.

Find all the negative pieces because this is where you want to get started first. Usually this entails credit card debt but that is not always the case. Credit cards can be very useful when you use them responsibly but it’s so easy to let things get out of hand and end up thousands of dollars in the hole with no way to pay it off. These faults could just be mistakes or they could be the sign of an identity thief who has been using your name to take out loans and for other reasons of financial gain.

Most of the time errors are just faults or misprints, but in some instances they are signs that someone has taken your identity. Either way you’re going to need to deal with this right away and get things straightened out. Many people disregard the phone calls and letters in the mail when they owe money, but this is really the worst thing that you could do. If you’re friendly and open with them, they may even let you take some of the debt off what you owe.

In some instances, getting a debt consolidation loan is a clever move for people looking to rebuild their credit. By doing this you have the convenience of placing all your various charges into one individual loan. The interest rates on these financial loans usually tend to be a bit high but in most cases it’s worth it to get bill collectors paid off and get things more organized. Learning precisely how to repair your credit is so important and as long as you work at it and are more watchful with your budget in the future you can rebuild your credit.

Want to find out more about Atlanta Debt Consolidation, then visit Jessica James’s site on how to fix your Atlanta Debt and get back on your feet.

How To Arrange An Individual Voluntary Arrangement (IVA)

 

An IVA is an Individual Voluntary Arrangement, which is a formal agreement you make with your creditors. They are arranged through specialist companies and are an agreement you make to pay a certain amount of money to your creditors for a set period of time. Once this amount of time is up any debt you still have is written off completely.

With IVAs you simply need to get the creditors of 75% of your debt to agree to it, and the remaining 25% will be bound to the legal agreement whether they wish to or not. This is perfect if you owe 75% of your debt to a single creditor, and the remaining to others. You only need to get that single creditor to agree to the IVA, then no matter what the other creditors wish they are bound to the agreement anyway.

An IVA gives you more control over the situation than a bankruptcy, and you pose less risk of losing your home or other assets. Generally in an IVA your interest is frozen from the time it starts so the debt can no longer increase. You can even continue business trading and are able to have a bank account under an IVA. The specialist company that sets up your IVA will factor their fees into the payments you make each month under the agreement, though IVAs cost money to maintain it will cost you less than filing for bankruptcy.

Keep in mind that not every debt problem can be solved by an IVA. Although many debt companies would be glad to provide you information on IVAs you should be wary of a company that pushes you to forming an agreement simply so they can collect the set-up fees. Find a company you can trust that will help you find the best solution, an IVA is not the best option for everyone.

The best way to find a trustworthy company is to research, look for the companies that come highly recommended and have been successful in helping many people out of debt. Try contacting a handful of these companies and see who comes up with the best solution for you. You do not have to commit to the first company you find, you can always say no and keep looking.

Read On : IVA Or Insolvency

Frequently Asked Bankruptcy Questions

 

What Exactly Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy, often known as a straight bankruptcy, is a liquidation proceeding. The debtor relinquishes all non-exempt assets to the bankruptcy trustee who then converts it to money for payment to the collectors. The consumer will get a discharge of all dischargeable financial obligations typically within four months. In the vast majority of instances the borrower has no property that he or she would lose so Chapter 7 will allow that him or her a fairly quick “fresh start”.

One of the main purposes of Bankruptcy Law is to allow an individual, who is hopelessly burdened with debt, a fresh start by wiping out their debt.

People who file for chapter 7 bankruptcy will have to agree to enroll in credit counseling. After declaring chapter 7 bankruptcy, it can be tough to obtain credit for several years, and it is not possible to file for bankruptcy again for a set amount of time.

It has become more difficult to file for chapter 7 bankruptcy in the US, thanks to laws and regulations which significantly tightened the bankruptcy rules in the early 2000s. It is wise to consult a lawyer and an accountant before committing to a personal bankruptcy filing, because despite the fact that the professional charges for the consultation may be high, there might be an alternative that has not been thought about. A professional consultation can also smooth the way to proceed with bankruptcy filings, if a person decides to carry on with bankruptcy proceedings.

What Is Chapter 13 Bankruptcy?

Chapter 13 Bankruptcy is also known as a reorganization bankruptcy. Chapter 13 bankruptcy is filed by consumers who would like to settle their financial obligations over a period of three to five years. This kind of bankruptcy is of interest to individuals who have non-exempt assets that they want to retain. It is also only an option for people who have predictable income and whose income is sufficient to pay their reasonable expenses with some amount left over to pay down their debt.

Hiring an experienced Boston Chapter 13 law firm is an important decision that should not be taken lightly. Make sure to setup a consultation with the Massachusetts Chapter 7 attorneys so that you can better understand your available options.

Mortgage Modifications Have Changed

 

In 2009 I spent a lot of time with clients trying to figure if they’d qualify for a mortgage modification. In 2010 it takes me about 5 minutes and is nearly 100% accurate. That’s because the banks, in their rush to streamline, have become so very standardized and predictable.

Standardized – The Making Homes Affordable Program (MHA) Guidelines have become the standards. Other programs are modeled after the MHA. None of the other programs are as rich and all are harder to get. But the guidelines have become universal.

I say predictable because the sheer numbers of applications has forced the banks to routinize everything – including erroneous rejections – to a point where it is pretty obvious to us veteran loan mod freaks.

You’ll get a mod if 1) you have a typical hardship (income down, expenses upduh!), 2) your loan qualifies (non-jumbo, made before 1/1/09), your ratios are right, 3) you live in the home, and you are in default. That’s not to say that landlords have no hope they just have less likelihood of approval and should have lowered expectations.

Now, just because you are qualified, don’t think your mortgage modification is guaranteed. In fact, that’s just the “table stakes” in this game! You have to know how to playand, that means getting an advantage over the thousands of competing qualified modification applications that are submitted each day. That’s right – thousands each day!

You should have the advantage of an insider, a street-smart advisor who has been at the game table for a long time. Someone who is unabashadly on your side – not a government entity and certainly not a bank employee or site. If you follow the advice of the government or bank sponsored entities you can only expect to get info tailored for the masses. That’s like going into a street-fight with training in only boxing. You are totally unprepared when the opponant kicks you in the ear! You’ll have to pay for such advice. But, you get what you pay for.

Interested in street-smart tips on Mortgage Modification? Visit Rockwood’s site about DIY Loan Modification at Home Loan Modification

Mortgage Modification Rejections Can Be A Good Thing

 

Rejection has become a way of life to applicants for mortgage modifications. The lenders have made very little progress in improving process performance in spite of over 18 months of financial incentives from the Obama Adminitration’s Making Homes Affordable Modification Program (HAMP). Applicants, even very well qualified ones, get rejected routinely.

But, I have come to think that rejection is a very good sign! A review of my files over the past 6 months shows that not one single mortgage modification was granted without a prior rejection. That’s right, every one of the modifications I have completed for clients in 2010 has been rejected before being accepted. Even the ones that began with the encouraging Trial Modification resulted in a rejection of the Permanent Mod before final acceptance. Some of the mortgage modifications I have successfully managed were rejected as many as three times before we achieved the modification. Whew!

The application process alone is daunting. Then, weeks of follow-up is required to keep the application on-track. Now, in addition, homeowners must also become expert at overcoming the rejection objections that lenders throw in their way. That means being able to tactifully escalate problems to supervisors, managers, directors, VPs, and CEOs. That means being able to mobilize local congresspeople, regulatory agencies and even the press! It’s a challenge!

But, hey, quit with the whining! That is the way it is – so cope! You will get rejected for one of about two dozen common reasons. Sometimes I think they are posted as a type of “cheat sheet” on the computer monitors of new Loss Mitigation Agents. Things like “Your loan investor does not participate in modification programs”, “Failed the NPV calculation”, “Income too high”, “Your income is too low”, “You have too many assets”, “Your 4506-T has expired”, “Your Ratios are wrong”, “You did not provide updated docs”, “We need a note from your mommy (O.K., I made this one up!)”, and etc., etc., etc.

All of the reasons above can be valid. Sometimes they are. But, all too often, they are simply erroneous, and are the result of the lender having mismanaged the file or simply untrue statements that slow or end the application process if the borrower does not object. So, when you get rejected, press on. At least you’re not being ignored! Immediately demand (nicely!) an explanation of exactly why you were rejected. Go through several agents and escalate to a supervisor if you must to get the answer. Then, deal with it. Supply the missing document or sign the updated form or correct the data entry error on your income (No, it’s not $85,000 per month. It’s $850!) or do whatever it takes to get them back on track. You can request reconsideration when you submit the information or correction to the agent.If you have submitted a good and accurate application upfront, you will eventually be accepted and get the relief that the mortgage modification programs were intended to provide.

Be encouraged when you get rejected (sounds strange, eh?). It’s far worse to get ignored for another week and to remain in the seemingly endless loop of “active review”. The whole process is taxing not only our intelligence, our paperwork processing skills and our patience. These days it’s also taxing our perseverance and raw nerve. Still, still, still it’s a cheap and ralatively easy way to get some financial relief to help your family through this housing market meltdown.

Need help with your ownMortgage Modification? Visit Rockwood’s site about DIY Loan Modification at Home Loan Modification

A Brief Overview Of Consumer Bankruptcy

 

It might be quite tough for somebody that has been enduring personal debt and past due bills to reach the realization that they might be in a financial condition which will not likely simply resolve itself. Despite the fact that this kind of problem can seem virtually hopeless, there is a way out that the legal system can provide to help people get out from underneath the encumbrances of overwhelming unpaid debt. Within my Chicago bankruptcy practice, I help individuals to find out whether or not the decision to seek bankruptcy relief is appropriate with respect to their unique problems.

Lots of people believe that changes to the bankruptcy law that were handed down in 2005 made it pretty much impossible for people to meet the criteria for debt relief through consumer bankruptcy. Even though the 2005 law, the Bankruptcy Abuse Prevention and Consumer Protection Act or BAPCPA, makes it more complex, the reality is that most consumers who need to file for consumer bankruptcy can still do so.

So exactly what is bankruptcy? Generally speaking, bankruptcy is a legal proceeding that permits individuals with more debt than they’re able to repay to start over – in financial terms. This is the reason why bankruptcy is known as a “fresh financial start.” Once you file for bankruptcy, lenders have to immediately stop attempting to recover the debts that you owe. Based on what bankruptcy chapter someone files under, the majority of unsecured debt can be cleared – removing the legal responsibility to repay them. Unsecured debts are the type without any collateral, for instance credit cards. Secured debts, such as auto loans and home mortgages, must be repaid if the person wishes to maintain the property. However should they be behind on monthly payments, filing for bankruptcy will be able to prevent a repossession or foreclosure by making it possible for the past due amount to be paid back gradually while the regular payments continue.

Though there are various local rules and state laws that come into play in bankruptcy proceedings, the main source of bankruptcy law is Title 11 of the U.S. Code. Since bankruptcy is federal law, bankruptcy cases are filed in the federal court for the district where the debtor resides. By way of example, since I am a Chicago bankruptcy lawyer serving Chicago area residents, my clients’ cases are filed in the United States Bankruptcy Court for the Northern District of Illinois.

You will find four different varieties of bankruptcy cases under Title 11: Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Of these 4, Chapter 7 and Chapter 13 are the most typical and most beneficial to individuals. Chapter 7 is called straight bankruptcy or a liquidation and requires people to give up property to pay off their creditors. Due to the many state and federal exemptions that provide protection to certain property from liquidation, almost all people who declare Chapter 7 bankruptcy never lose any property at all.

Chapter 13 is often called a reorganization. Chapter 13 lets families to repay all or some part of their debt over time employing future income. No property is liquidated under a Chapter 13.

Even though this brief summary offers a simple overview, it’s not legal advice. Bankruptcy law is complicated and consumers contemplating bankruptcy ought to speak with an attorney in their jurisdiction. Should you live in Illinois and therefore are seeking a Chicago Bankruptcy Attorney, please consider The Law Office of John C. Kunes, P.C.

Learn more about Chicago Bankruptcy. Stop by Chicago Bankruptcy Lawyer John Kunes’s site where you can find out all about Chapter 7 and Chapter 13 bankruptcy and what bankruptcy could do for you.

Ways That A Ch 7 Bankruptcy Attorney Can Help Restore Your Finances

 

Consumer debt should never cause you a lifetime of stress and shame. These emotions can in fact serve the purpose of inhibiting the right proactive measure to correct your debt. With the right choices and the right attitude filing for bankruptcy can prove to be a new beginning rather than a disappointing end. Selecting the right chapter 7 bankruptcy attorney as your legal representation will not only provide expert legal advice, but bring excellent financial educational tools to the table as well.

This will ensure a successful resolution to you present circumstance. It was also get you on the right path to a solid financial future. Your lawyer will assist in some of the most pressing matters on hand such as dealing with credit and collection calls and stopping current wage garnishments.

This can make the process seem less overwhelming. What can make it a positive process however is the implementation of financial training that will help you avoid having a recurrent financial mess on your hands. A good bankruptcy attorney typically belongs to a legal team that expresses concern for the future of your finances and in various ways works to ensure that you will get on and stay on the road to financial health.

You want to make certain to choose a seasoned bankruptcy attorney that is familiar to many aspects of bankruptcy laws. This insures you greater protection for the assets that you have. The advice that you get at this stage in the game is crucial and should assure your future security.

The pro bono or free information services are provided strictly for your benefits. This typical includes online access to articles and other documents as well as websites and programs that provide information and assistance for credit restoration. This means that once this whole mess is behind you, you can be geared up and ready to go on into a secure and well-managed financial future.

Your consumer debt shouldn’t require you to suffer a lifetime of embarrassment and stress. In fact this can only further enhance the proclivity to make bad financial decisions. Filing for bankruptcy isn’t necessarily the end of the road, rather it is the beginning of a new financial frame of mind.

Choosing the right chapter 7 bankruptcy lawyer can get you the guidance that you need to get the very most out of your dire circumstances. This mean educational services that help put you on the right path, and expert advice to protect what you already have. With good representation you can begin the process of credit restoration, and restoration of your peace of mind.

A Chapter 7 bankruptcy attorney will remind you that bankruptcy is a serious and long-lasting act with consequences that can impact your financial and business future in many ways. Locate the best Chapter 7 bankruptcy lawyers to represent you!