Archive for the ‘Bankruptcy-Tips-Advice’ Category

Choosing to file for bankruptcy is a very tough decision but sometimes it is necessary. If you do not foresee any possible way to pay all your debts you may have to file. Once you have filed for bankruptcy creditors can no longer legally call you, you wont have to worry about eviction and you wont have to deal with foreclosure. There are a few different ways to file, some better for different situations.

There are two ways to typically go about bankruptcy. Chapter 7 bankruptcy means that you will not have any debts. (except in special cases i.e. Child support, alimony, student loans, etc..) Many cannot qualify for Chapter 7. You must be in the lower fifty percent of income makers and show that you wouldn’t be able to pay for the debts even if the debt was lowered. You don’t only loose your debt though. Many of your assets will be liquidated. This means that your possessions can be put up for sale to pay of some of the debt that you owe. While dropping all that debt at once would be nice, Chapter 7 can bite you as well.

Continue reading ‘How Should You File Bankruptcy’ »

In order to determine if you are able to wipe out your second and succeeding mortgages, you will need to consult with an experienced Washington bankruptcy lawyer.

In essence, however, it works like this way. If your second and any succeeding mortgages are no longer secured by any equity (value) based upon the current fair market value of your house, you may be able to discharge your second and any additional successive mortgages through a Chapter 13 bankruptcy. What is equity? Equity is the net value of your home. It is the current fair market value of your home minus the amount of any outstanding debts (mortgages) on your house.

If you believe that you may qualify under these circumstances, one of experienced Washington bankruptcy attorneys will assist you in undertaking a thorough analysis of your property so that you can make an informed decision. If we believe that you can prevail, we will then represent you through an adversarial proceeding process that allows you to shed or get rid of one or more mortgages on your house.

Continue reading ‘Possibility For an Individual to Wipe Out Second Mortgage and Still Keep Their House’ »

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When it comes to financial problems and their solutions, everyone has their own unique set of circumstances, which makes their situation unique, and hence, the solution also being unique instead of being generalised. Hence, one should keep in view that whenever you are thinking about bankruptcy or IVA, it is important to remember that one cannot really choose one over another because each of the solutions is unique to different people.

Questions like the nature of work, income, home ownership, retirement and the amount owed in debt are important in order to decide whether to go for bankruptcy or IVA. Both of these insolvency solutions keep your ability to borrow limited during the time they are in progress. For about six years, both bankruptcy as well as IVA affect your credit rating and make it rather difficult to get credit. There are certain kinds of debts like secured debts or court fines that can be written off neither by bankruptcy nor by IVA.

Continue reading ‘Should I Choose Bankruptcy Over an IVA?’ »

Bankruptcy is a very sore subject, that many people do not want to consider. More and more people in the USA and the UK are filing for bankruptcy, not knowing that there are easier options than losing everything.

How to avoid bankruptcy:

1. Financial activities are monitored closely by our tax offices, you may not think that, but when you put money into the bank, the tax office automatically receives notification of the transaction. Always pay tax on anything you earn, or you will find yourself being caught out later down the line

Continue reading ‘My Alternatives to Bankruptcy’ »

Bankruptcy can be quite a long and painful process, but once it is over and your bankruptcy discharge has been issued, it is time to think about the future. Re-assessing your financial status is important following bankruptcy, as you need to fully understand the implications, and of course, what steps you should take next.

Getting yourself back on the road to gaining good financial status is a very important part of recovering after bankruptcy, as your credit rating will have taken a heavy hit as a result, making you a much less attractive prospect for potential lenders. This is something that will of course take time, and will need you to be patient. The type of bankruptcy you filed for will determine the amount of time it stays on your record. Chapter 7 bankruptcy stays for 10 years and Chapter 13 stays for 7 years. Now this does not mean you have to wait this long before you can apply for credit, it is just how long potential creditors will be able to see the fact you have a bankruptcy discharge on your record.

Continue reading ‘How Long Should I Wait After Bankruptcy Before Applying For a Mortgage?’ »

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Bankruptcy is not a decision that many look forward to making. In most cases they are forced into a situation where they must file bankruptcy. Bankruptcy, for a majority of people, can be the recommended resolution for debt that does not seem to have an end.

You will hear two arguments regarding bankruptcy. First that it is recommended, that bankruptcy is the best option and can give you a fresh start. Others will advise that bankruptcy should never be filed, that it goes against basic economics and hurts all parties involved.

Determining if bankruptcy in Arizona is the correct choice to make depends on many scenarios. It depends on the ability to pay, the time frame and budgeting it would take to get out of debt and if the decision is out of your control, if it is the only option. Continue reading ‘What Debtors Should Know About the Arizona Bankruptcy Court’ »

Bankruptcy is a legal expression that is used by individuals and businesses to declare their inabilities to pay off their debts. It is an extreme debt relief option that one chooses when no other option seems to be good enough.

Bankruptcy allows a person to clear all his debts either through liquidation of non-exempt assets or a proper repayment plan. A person gets to avail several options when he applies for bankruptcy. This article will deal with all the important aspects of chapter 7 code under bankruptcy.

Chapter 7 code is also recognized as ‘liquidation of assets’. Under this code, the bankruptcy process starts as and when the court appoints a trustee who takes charge of all the non-exempt properties of a debtor. He estimates the entire value of the debtor’s assets and pays all involved creditors. Continue reading ‘Bankruptcy – Advantages Of Chapter 7’ »

As the extensive use of credit cards and the debt problems are back to back, so, when we look in the past few years, we come across it simply that such bad condition of the economy was just due to the bang of the recession due to which many people fell in the loan problems and reached to the edge of filling for bankruptcy. Bankruptcy eliminates the debt problems very fast because of which it was the most preferred elimination program but it was destroying the economy more and more. So, to deal with all these severe situations federal administration defined the new bankruptcy rules after which a great decrease can be seen in its filling rate and the flipside journey of the economy towards the development.

When we talk about the new bankruptcy laws, it is not wrong to state that these are far better than the past ones. In the past it was very easy to file for bankruptcy as a result of which every credit card debt holder either eligible or not was filling for it in which condition it was becoming too hard to control day by day increasing bankruptcy rate. But the new rules make it hard to follow this process as now this process involves a test known as the median income test in which the monthly income of the debtor is compared with the median income and if it is high than median amount then the appeal of the debtor is rejected. The rate of bankruptcy is also decreased by making this process very costly and much time consuming. So, after all this conversation, we can say that this process is no more viable option as it also destroys the credit report.

So new federal rules have discouraged the people from opting for this unreliable filling process and have taken their trust in the other debt relief options such as the debt settlement. Debt settlement is beneficial for both debtors and the creditors so we can say confidently that the new bankruptcy laws are in your greater interest. Continue reading ‘New Bankruptcy Laws – Are They Really In Your Greater Interests’ »

Many creditors and collection agencies threaten to garnish wages to scare people into making a payment. The truth is that creditors must first file a lawsuit for breach of contract and obtain a judgment for the nonpayment of the debt. Obtaining a judgment is not free and will cost the creditor anywhere from $1,000 to $2,000 to obtain a default judgment against someone. There is a Court filing fee and the lawsuit must be personally served on the defendant. If no answer is filed to the complaint, then the creditor that filed the lawsuit can request the Court enter the judgment by default.

Once a creditor has obtained a judgment, then they can enforce the judgment by garnishing the judgment debtor’s wages. Again, garnishing wages is not free and requires a number of steps. Eventually the payroll department of the person the judgment is against will be served with the writ of attachment/garnishment. At this point it is only a matter of time before the judgment debtor’s wages will be garnished if all procedures have been followed properly. A judgment debtor’s wages can be garnished up to 25% depending upon the circumstances. Continue reading ‘How a Creditor Can Garnish Wages and How to Stop Wage Garnishment’ »

Get a Secured Credit Card

For consumers who have recently gone through bankruptcy, a good choice would be to obtain a secured credit card. Secured cards required the applicant to open a bank account with a balance that matches the credit limit of the secured credit card. Typically, the limit will amount to $500 maximum, but be prudent about the usage and limit your charges to no more than approximately 30% of your credit limit. Focus on light, regular use of the card to help rebuild your credit. It is important that your credit card gets reported to the credit bureaus, but try to prevent having it reported as a secured card. Also, don’t just grab any secured card that is available. Take a close look at possible huge upfront charges and annual fees. In addition, ensure that your payment history is being reported to the three major credit bureaus: Equifax, Trans Union, and Experian.

Open a CD

Using a certificate of deposit (CD) as a method to rebuild credit is another option. A small personal loan is used to open a CD for a minimum of one year, and the loan payments that are made on-time will show good credit history during the length of the certificate. This strategy is helpful to re-establish credit without having the temptation of a credit card. Continue reading ‘Rebuilding Credit After Bankruptcy’ »