Archive for the ‘Bankruptcy’ Category

Debt Settlement and Bankruptcy – Why Debt Settlement Filings Will Surpass Bankruptcy in 2010

Sunday, July 11th, 2010

The recent recession which came in 2008 hit all the shores of the world very drastically. The worst hit is the financial companies and banks. Their businesses were going great but when the recession struck they were rendering huge losses because they lent too many unsecured loans and now were unable to attain them back because their clients were facing worst financial scenario. Most people started to file for bankruptcy so as to get rid of their loans once and for all, but afterwards the bankruptcy laws also changed because there was too much pressure on the courts and there was no positive impact of filing for it on the situation. So to discourage people from creating more trouble, bankruptcy laws changed.

Now if you file for bankruptcy your credit scores will be reduced to a great extend and you cannot acquire any type of loan in your future for at least ten years. On the other hand new alternatives have developed in place of bankruptcy through which you can eliminate your debt without damaging your financial position any further. The most famous one has become the debt settlement program. This is a method in which the borrower argues with the creditor to waive off some portion of the debt so that it becomes easy for him to pay it off. The creditor agree when he is convinced that the borrower has no other choice left and if he did not do so, the borrower will file for insolvency.

In 2010, debt settlement program has become very common and people find it much better than bankruptcy because much evidence have been encountered where people have benefitted a lot from this program. It has surpassed bankruptcy and now people do not even waste their time thinking about bankruptcy as every third person knows about settlement program. So you should also keep bankruptcy as a last resort when there is nothing left and first attempt debt settlement and chances are you will get rid of your debts by this program in the first go.

But if you want best results then it is highly important that you first discuss your debt case with a professional financial advisor who will examine your problem completely and will provide you with the best advice so that you do not confront other troubles.

It is advised that you attempt debt settlement program as early as possible because as soon as things will start to get better this program will no longer be available for you.

Filing Bankruptcy? You Might Want to Read This

Wednesday, May 26th, 2010

Filing bankruptcy can be intimidating and overwhelming. Debt overload can take a toll on the strongest of us. It is nightmarish to say the least. It is a harrowing affair. However, if you know something about laws pertaining to bankruptcy, it can make your job easier. You need to have a basic understanding of the process.

Substantial bankruptcy information can calm your frayed nerves. It can help you make informed decisions. It is important to understand the type of bankruptcy you are filing for. For instance, Chapter 13 bankruptcy helps you reorganize your debts and settle them with your existing income. You are entitled to a new repayment plan as far as Chapter 13 is concerned. You can repay your debts over a period of years and the amount you need to pay is also reduced dramatically. This chapter mainly involves restructuring debts. Debtors can pay off creditors using the income they have. One of the highlights of this Chapter is the full discharge option.

If you are a resident of Florida and are facing bankruptcy, you need to familiarize yourself of Florida bankruptcy laws. As a permanent resident of Florida, you can file bankruptcy in the court. However, it should be filed in the in the district of residence. There are three bankruptcy courts in Florida- Florida northern bankruptcy court, Florida southern bankruptcy court and Florida middle bankruptcy court. These courts cover all the counties in Florida. The new FL bankruptcy law calls for extra work for attorneys and debtors. There are new forms and you need to follow new court rules. As per the new law, the Florida exemption law applies to you only if you have been a resident of FL for 2 years. As far as Colorado bankruptcy laws are concerned, you can file for bankruptcy under Chapter 7 or Chapter 13.

Given the new bankruptcy laws, filing bankruptcy has become more difficult than ever. It is not really easy to find an appropriate lawyer. And if you do find one, you will have to shell out more money. This service has become more expensive than ever. This is mainly because the laws have been revised, so the process has become more time consuming. The more time your lawyer spends on the case, the more expensive his service. A majority of changes have been as far as Chapter 7 bankruptcy goes. There are some changes pertaining to Chapter 13 as well. Under this Chapter, the individual declaring bankruptcy will have to change his standard of living. In other words, his living expenses would be decided by the IRS.

Filing bankruptcy does not mean the end of the world. It is a stressful period; however, if you have access to right information, it can become easier for you. Bankruptcy laws are complex to say the least. You need to read up on relevant bankruptcy laws and update yourself before you go ahead with it.

FDCPA Complaint – You May Be Entitled to Damages If Your Are Being Harassed by Creditors

Wednesday, May 26th, 2010

You do not need to file bankruptcy to have collection agencies stop harassing you over past due bills. Federal law provides for consumer protection against certain practices of collection agencies. The Fair Debt Collections Practices Act (FDCPA) governs the methods that a collection agency can use to collect debts. The FDCPA applies when a company uses a third-party to allegedly owed past-due debts. So, this statute may not apply if a company is using an in house collection agency. By filing an FDCPA complaint, and prevailing, you may be able to receive money from the collection agency.

The FDCPA basically prohibits, a collector, from doing the following:

  • A collector can not call you before 8:00 A.M or after 9 P.M. If he calls you during those time periods it is considered to be harassment.
  • A debt collector can not call you at your place of work. If you are called at your place of employment promptly notify them that you do not want to be contacted at work.
  • A collector is unable to use harassment to collect debts. This is common sense. However, collection agencies have historically committed acts of egregious abuse against debtors.
  • A collector can not tell that you have committed a crime or that you could go to jail if you do not pay the debt. The debtor’s prison had been abolished years ago.
  • A collector can not use unfair tricks to get you to pay a debt. For example, a debtor cant tell that you owe money on a debt when the statute of limitations, on that debt, has expired.
  • A collector cannot conceal his or her identity on the phone. A collector has to be upfront and tell you that they are collecting a debt.
  • A collector must honor all requests for them to cease and desist contacting you about the debt that you allegedly owe. However, a collector could still sue you for the money owed.
  • A collection agency can not attempt to shame; so, you will pay your debts. You owing money is between you and the collection agency. It is not public record.

These are just a few of the major provisions of the FDCPA. If a collation agency violates the FDCPA, and you file an FDCPA complaint, you can get monetary damages.. Also, FDCPA is a strict liability law. What this means is that if that the collection agency does not have to knowingly violate the law to violate the law. So, if you are being harassed it would behoove you to consult a local attorney or if you are low income contact a local legal aid firm in your area.

The Safest Ways to Purchase Foreclosed Houses

Monday, May 3rd, 2010

Every investment needs to be protected. The amount of time, money, research and logistics that go into each investment demands that you perform everything that is necessary to ensure that your investment is safe in order to deliver your end objectives. Most of the risks associated with the foreclosures market can actually be mitigated with the right knowledge and adequate preparation. Learn how to purchase foreclosed houses with these safe and easy methods.

Study The Market

Nothing beats a well-informed decision when it comes to making an investment. Studying the market will allow you to understand how it works and what to prepare for. A general knowledge of the industry may carry you through the initial phase of your investment but may be unable to sustain you all throughout your venture. What you need is a thorough understanding of the real estate market to work it to your advantage.

Of course, studying the market entails that you devote substantial time to research and reading. Every research will ultimately lead you to wise decisions that are properly grounded on reason rather than on impulse and hasty judgments. Knowing how and when to purchase foreclosed houses rests on completely understanding how the market moves.

Know The Types Of Foreclosures

There are many types of foreclosures and knowing each of them can save you a lot of time and gain for you the most proper type of investment. Each kind of foreclosure caters to a different market and comes with its own benefits and advantages. Becoming familiar with them will enable you to identify which one will best serve your interests.

By knowing the types of foreclosures, you also gain knowledge on the advantages and risks of each one. This knowledge is very essential especially if you have limited amount of money to invest in the foreclosures market.

Consult A Trustworthy Real Estate Agent

A reliable and trustworthy real estate agent can help you safely purchase foreclosed houses. Agents have access to exclusive information and other pertinent data that can give you a glimpse of what to expect in the market and when best to make your purchase. They also point you to the right directions and help you follow the leads that you generate from your property searches. A licensed consultant can also acquaint you with the existing laws governing real estate transactions. This is very important especially if you are pursuing out-of-state deals since laws vary from state to state.

Help With Debt – Consolidation, Bankruptcy, and Debt Settlement – Which is Best For You?

Friday, April 9th, 2010

Are you drowned in debt? If you think that you are the only one who has all kinds of debt, then you wrong because lots of people around the world have the same problem as you do.

Even if you have huge credit card debt or any other kinds of liabilities, then there are legal ways to get rid of it. The recession is the main factor which is to be blamed for the financial shortage in the economy. During the time of recession, the unpaid bills and arrears on the credit card expenses led to a problem of increased unsecured liabilities. The whole economy faced a problem of financial stagnancy. To overcome this problem, the government introduced various kinds of relief funds so that the people could recover their losses that were suffered.

Today, there are many financial firms who provide help with the adjustment of liabilities. These firms can be easily found on the internet and the application processes are also handled online. If you approach a financial firm and request for the settlement, then they will ask for few important details which are necessary for the determination of the reduction rate of the liabilities. There are three main options for getting rid of your debt. They are:

· Addition of liabilities.

· Declaring insolvent.

· Adjustment of liabilities.

If you choose the first option (addition of liabilities), then the financial firm will add up all your liabilities into a lump sum value and then provides a time period for the repayment of liabilities at a reduced interest rate. This is beneficial if you have an income flow and able to make monthly installments. If you have huge liabilities, then this option is not advisable because you may not be able to clear off the full amount within the given time period. Declaring insolvency can also let you step out of the financial problem but you may not be able to get any kind of financial help in the future. It will also take a long time for you to rebuild your personal credit.

The other option to clear off your financial woes is by choosing the liability settlement option. Large part of your liabilities can be waived off if you approach the financial firm and ask for the reduction. You may get up to 70 percent reduction on your total unsecured debt.

Debt Relief Options – How Filing Bankruptcy Can Be Avoided With Other Debt Relief Options

Wednesday, April 7th, 2010

“We just did not have any other choice or alternative” this is something we often hear from the words of an individual or family that has opted for bankruptcy in the past. Nobody wants to make a public spectacle of his or her mismanagement skills.

However, when there is no other alternative and when you know that postponing the issue any further is only going to lead to severe damage to your finances, you bite the bullet, file for bankruptcy and hope for the best. Of course, you will have to spend the next 5-7 years repairing your credibility in the market.

It is only after ten years pass and the credit report does not make a mention of the bankruptcy will your financial life come back to normal. 10 years-a very long time. A 35-year old middle aged man will be an old man entering the last stage of his or her life. Do you want to waste 10-years of your life just because you felt there was no other alternative?

Well, why don’t you make use of the services a debt settlement company and find fantastic debt relief? A settlement is one option that will always work for a person who is at the brink of bankruptcy. Of course, whether you are really in dire need of bankruptcy or whether you just want to get rid of your debts the easy way out-that is the important question.

However, a clear and frank credit counseling session with a professional will be sufficient to find the answer. Once you know that bankruptcy is indeed on the cards, you just have to negotiate with your lenders for reduction in the amount payable.

Most people think that their debts will have to come down to zero if they are to avoid bankruptcy. That is definitely not the case. You are not filing the bankruptcy because you have lots of debt.

You are filing for bankruptcy because your debts have risen to such an extent that it just is not possible to manage it without external help. If your debts are to come down by 50%, don’t you think you can avoid bankruptcy, make regular repayments and reduce the debts in a time bound manner?

You will be surprised to hear that you agree with this question. The 50% reduction is all that people need to overcome their debt problems. The thing is that people never get around negotiating with their lenders and reducing the amount payable. Once you get this job done, you will definitely find it easier to overcome your debt problems.

Avoid Bankruptcy – How to Avoid Bankruptcy and Stop Paying Back Credit Card Debt Legally

Monday, March 29th, 2010

Avoiding bankruptcy is a main result of the concept of debt negotiation or rather one of the main expectations of this debt settlement concept. Well, is it possible to avoid bankruptcy and stop paying back credit card debt legally? If so, then how?

Just as problems of people rises day by day, credit card debt too join along successfully with the issue while creating heart feelings for many people. Avoiding bankruptcy merely relates with debt settlements which also provide the buffer in terms of getting relieved from worries. Here, once you figure out that you’re under a huge amount of unsecured debt and start to feel that your credit card company comes chasing behind you than before, you should definitely take immediate action.

Once you’re on track of receiving a debt relief of around 50% as proposed by the government under its method of stimulus money, you should consider in contacting a reliable debt relief service which would offer you with a fantastic debt relief! Here, in the process of avoiding bankruptcy, the next steps belong to the debt relief service in which you engage. As they will draw you a work plan and then focus in intervening between you and your creditor, the only thing you will have to do is, sitting back and watching while you pay them as per the progress which will be a very much affordable sum.

All these happenings take place as per the order of the government which has drawn a life line of debt relief by declaring dollars by millions in order to serve the needs of major financial entities existing. Equally, this process of avoiding bankruptcy and stop paying back credit card debt has been a table turning effort taken by any country in the present world.

Debt Settlements Vs Bankruptcy – Why Debt Settlement Has Become the Appealing Post of 2005

Wednesday, March 24th, 2010

There was a time when bankruptcy was considered as the perfect solution to all financial problems. However, the amendment made in two thousand five has changed everything. Getting a bankruptcy has become more difficult. Lenders no longer are at the mercy of borrowers when bankruptcy procedure is filed. The lender can always point out that the individual qualifies better for a chapter 13 bankruptcy instead of a chapter 7 bankruptcy.

This means that a person who was ready to give up what little assets he or she had and wanted to get out of debt will end up in a debt management program where the debts shall be rescheduled and must be repaid over a period of five years. Simply said, bankruptcy no longer offers a free ticket out of financial problem land.

That is the reason why debt settlement has become very popular. Of course, there is no denying that the presence of the stimulus package in the market and the current economic scenario to has played a major role. However, the fact that bankruptcy is not as profitable as it used to be in the past has also played a major role.

The intensity of the crisis can be understood for the fact that millions of individuals and businesses are filing for bankruptcy despite the tough rules and regulations related to bankruptcy. This is one reason why the government stepped in with the stimulus package.

As on date, it would be perfectly accurate to describe debt settlement as a solution that is as good as bankruptcy but without the various disadvantages associated with bankruptcy. There are people who point out that both solutions lead to a drastic reduction in the credit score of the individual. Yes. That is true.

However, this reduction is not a permanent one. On the other hand, your credit score is marked for at least eight to ten years as the information becomes a part of your public record. As far as debt settlement is concerned, you can always employ credit repair professionals to improve the same.

Another reason why bankruptcy laws have made life difficult is the presence of the mandatory credit counseling session. Not only does your private and confidential information become public but it also makes you liable to undergo credit counseling by a government expert.

All this can be very embarrassing to say the least. On the other hand, credit counseling in a debt settlement proceeding is completely voluntary and private. That, needless to say, has a significant impact on your self esteem.

Bankruptcy Tips – Notice to the Creditors and Meeting – Part 3

Tuesday, March 9th, 2010

To assure you receive an ‘automatic stay’, which is granted to you by operation of law, you must file for your bankruptcy under Chapter 7, and meet with all legal requirements and fees. Only then, will you be able to stop overall collection actions on your properties. No creditors can initiate or continue lawsuits, wage garnishments or request payments by phone, providing the stay is valid.

Be warned that not all actions listed under 11 U.S.C. 362(b) are stayed when filing for the petition, and others may only be effective for brief periods.

Once you have filed for bankruptcy, a notice will be sent out to all creditors by the bankruptcy clerk, provided you present a list of names and addresses. Twenty to forty days following your filed petition, a meeting known as the 343 meeting will be organized by the case trustee, to re-unite all your creditors.

Your are obliged to be present at this meeting for you will be answering any questions your creditors may wish to ask, concerning your financial affairs and property. Within 10 days from this meeting, the case trustee will report to the court with its decision of whether there was or not any abuse on your part, following the means test as stated in 11 U.S.C. 704(b).

A case trustee plays a major role in bankruptcy cases. He is responsible for the liquidation or all non-exempt assets, and must secure the highest possible refund to your creditors. All non-exempt property will be sold and the trustee can also reclaim property or money.

The trustee’s ‘avoiding powers’ also include the authority to:

• Invalidate any pre-petition transfers of property and security interests that were not duly presented under the non-bankruptcy law when the petition was made.
• Keep all preferential transfers handed over to creditors within 90 days from the petition.
• Pursue non-bankruptcy claims existing under state law, including bulk transfer remedies and fraudulent conveyance.

Once the discharge has been taken care of, and no further complaints are filed in objection to the discharge, the bankruptcy court will issue a discharge order 60 to 90 days following the meeting of creditors. This order will release you from personal liability for a large number of your debts, in this way your creditors will not be able to take collection actions against you.

What you should be aiming at by filing under Chapter 7, is to obtain a discharge of all your debts, this will stop your creditors from pursuing any further group actions. The best way to ensure success is to consult with a professional bankruptcy attorney, who will help you reach this final goal, thus giving you a chance to turn over a new leaf and no longer worry with bankruptcy issues.

Bankruptcy vs Debt Settlement – What is the Top Choice For Credit Card Debt Relief?

Saturday, February 27th, 2010

Most of the card holders do not make comparison between the factors that is bankruptcy v/s debt settlement. If a person has no idea about bankruptcy v/s debt settlement, then he cannot know the possibilities of settling the liability at times of financial breakdown and crisis.

If a person has huge liability then he will not be eligible for the financial assistance. The liability score of an individual plays an important role because the financing companies will keep an eye upon the records to check whether the person is financially established or not. The situation of financial crisis has risen because of the downfall of the stock market. Many people have lost their jobs and some of them have given up their business because they found it difficult to meet the expenses with the rising costs. The people should focus on bankruptcy v/s debt settlement programs and come out with a decision.

There are many advantages and disadvantages of becoming a financially handicapped person. Let us discuss how the bankruptcy v/s debt settlement helps people in reducing their liability and in staying tension free. If a person is not able to purchase the liability reduction scheme, he can still eliminate the bills and due payments. The state of being financially empty is the state when a person runs out of money. If a person is financially unstable, then hiring a settlement company will be a problem.

There are many companies that provide financial help to the applicants. The people are not aware of these companies because they have never faced tight financial breakdown or recession. The recession period is not only troublesome for the common people but also for the banks and other privatised financial institutions. Even the banks run out of money when they accept claims against bankruptcy v/s debt settlement program. For the banks, charging interest on the approved loans is the main source of income at time of economic downfall.

The applicants should also check the available balance and usage of the cards frequently with the banks. If the applicant spends more than his income then the interest rates will also be high. This can bring up a difference in thousands of dollar in a particular year. However, opting for the liability reduction program will help the applicant to remain safe against being totally moneyless.