Posts Tagged ‘bankruptcy’

How Bankruptcy Relief Effects Your Credit Score

Thursday, September 2nd, 2010

Every day, I speak with clients and potential clients who are considering a bankruptcy filing, who seek my advice as an Orlando bankruptcy lawyer. One of the first things that I am told is that they have an “A++” credit score or “850 Beacon Score”, before we even talk about the amount of debt the person owes or how filing for bankruptcy may help him or her.

“That’s nice”, I might say, and then ask them to “tell me about the money you have saved up for retirement, tell me about the discretionary income you have each month, and tell me how nice it is to not have to make 8 different minimum monthly payments each month to credit cards”.

Dead silence.

According to a recent blog post by Connecticut consumer and bankruptcy lawyer, Gene Melchionne, a person’s credit score tells you two things, “how you handle the debt you already have and how will you likely handle any new debt.” You see, a credit score, and the banking industry that promotes and relies on a person’s credit score, are dependent on people constantly feeling they have to pay off debt and then get new debt.

Think it over. Would you really care about your credit score if you didn’t need to borrow money? If you could become debt free, and get off of that debt hamster wheel, you would no longer be a slave to your credit score! Even so, some clients are still worried about what filing bankruptcy will do to their credit score. As their bankruptcy lawyer, I simply tell them about experiences of past clients. Many, within months of receiving their bankruptcy Discharge, have financed the purchase of car. What is more surprising to those not familiar with the bankruptcy process, is that many of my clients received credit card offers in the mail on the same day their bankruptcy Discharge came.

Someone’s credit score will generally boomerang a couple of years after they receive a bankruptcy Discharge, in most cases.

A surprisingly large number of people have become a slave to some computer generated credit score number and have forgotten about the more important financial questions like, “Will I have enough saved for a comfortable retirement?”

An A++ credit score isn’t really going to augment your social security check each month in retirement.

Want to find out more about credit scores and bankruptcy? Then visit K. Hunter Goff’s site on how to choose the best bankruptcy lawyer for your needs.

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What Is The Plan In A Chapter 13 Bankruptcy?

Thursday, September 2nd, 2010

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.

In a Chapter 13 bankruptcy, the person filing the case (Debtor) files a payment plan at the beginning of the case. This plan addresses what goals the Debtor wants to accomplish during the term of the plan. It also serves as guidance to creditors as to how they are going to be treated in the plan. Finally, it provides instruction to the Chapter 13 Trustee regarding who she is to pay and how much she is 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.

Plans are the King in Chapter 13 cases. Having a solid plan that eliminates your debt and provides a smooth ride in your Chapter 13 case is the best!

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

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Possessions Which May Become Exempt Via Bankruptcy In MA

Thursday, August 26th, 2010

In the past, state bankruptcy legal requirements furnished the property exemptions available to those trying to get bankruptcy coverage. Yet, the personal bankruptcy code now enables states to choose between the federal exceptions supplied inside of the bankruptcy code or the exemptions available in state law. In MA you can choose from using the Federal Bankruptcy Exceptions or the MA state exceptions. Speaking with a knowledgeable Massachusetts bankruptcy attorney could certainly help direct you towards the most effective solution for the situation.

Prevalent Bankruptcy Exceptions

Just a few typical varieties of belongings that are exempt from personal bankruptcy proceedings are:

Home Equipment. Personal bankruptcy law sets up an exemption amount for all of your home items and a maximum sum of money pertaining to each specific item. Ordinarily, a personal bankruptcy trustee knows that there is minimal worth in utilized household products and these things won’t be applied to gratify debt even if they are cumulatively worth more than the highest amount. Home goods may incorporate things such as cookware, comforter sets and decorative objects.

Tools of the industry will be exempt up to specified monetary amounts established by law. For example, a professional photographer might be able to retain costly cameras and processing equipment that a beginner photographer would likely be required to offer for sale to be able to fulfill their debt.

Retirement Savings. The majority of an individual’s retirement savings will be safeguarded by the personal bankruptcy code for example retirement benefits, stock bonus plans, Individual Retirement Accounts (IRAS), 401ks and different company backed retirement options.

Your House. This is referred to as the homestead protection. Federal and state exemption regulations permit you to shield your residence from lenders in individual bankruptcy up to a specified monetary total.

Individualized Items. Several particular items including reasonably essential clothing usually are exempt. Jewelry, up to a stipulated amount, could perhaps also be exempt.

A Person’s Vehicle. Personal bankruptcy law understands that you have to have a vehicle to be able to maintain employment and satisfy your budgetary commitments. Because of this, a personal bankruptcy exemption is available for your vehicle. The exemption doesn’t allow you to commit money to be able to drive a costly car while not trying to pay back your monetary responsibilities. The exemption will be confined to a certain dollar amount.

Awards granted in personal injury cases are generally exempt from bankruptcy proceedings.

Are you facing serious financial and debt issues in Massachusetts? Talk to an experienced local Reading loan modification lawyer about what options you have. Our Reading loan modification attorneys are experienced in handling debt, loan modification, and other financial issues throughout the state.

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The Benefits Of Bankruptcy Protection For Small And Large Companies From Bruce Baldinger LLC

Sunday, July 25th, 2010

Bankruptcy protection From Bruce Baldinger LLC is becoming a common option for companies during volatile economies and recessions. It is often the only legal opportunity afforded to companies to allow permit restructuring and protection from creditors when in the red. This is one of the main benefits of bankruptcy protection from Bruce Baldinger LLC.

For companies that have invested in labor costs, start up fees, inventory, suppliers, and employees, declaring bankruptcy is not viable, especially if there is real potential to reorganize and become profitable. Bankruptcy protection provides businesses this opportunity: to restructure and pay back debts, without creditors immediately breathing down their backs.

Chapter 11 allows companies (corporations, sole proprietorship and partnership) to reconcile outstanding debt and restructure company organization to become profitable without risking immediate seizure of assets to reconcile debt. During bankruptcy protection, management may run daily operations, with major decisions requiring the approval of a bankruptcy court. During the bankruptcy protection period, the organization must come up with a restructuring plan that is acceptable to creditors. If it cannot, assets will be liquidated to pay off outstanding debts.

During bankruptcy protection, three outcomes are possible. A company can either successfully restructure and fully emerge from bankruptcy, be sold or have part of its assets sold, or fold and be liquidated entirely.

The Procedure

Filing a bankruptcy petition through a bankruptcy court halts debt collection and asset seizures that are in progress. A trustee is appointed to oversee the case. He or she also schedules the 341 meeting, which is a meeting with the creditors’ attorneys and the debtor. The 341 hearing is usually scheduled within 30 days of filing for protection. At the 341 meeting, the debtor’s lawyers must present the company’s restructuring plan and demonstrate how the creditors’ claims will be settled as the company becomes more profitable.

Creditors as well as shareholders (if there are any) must find the plan satisfactory. If the plan is accepted, creditors normally assume the management of the new company’s operation and become actively involved in running the new enterprise. This generally ensures that the new company will be more profitable and able to pay of outstanding debts.

Any deal that is agreed upon in the 341 meeting cancels out old contractual obligations between the two parties. The new organization repays creditors according to the new terms agreed upon in the meeting.

The decision to file bankruptcy protection from Bruce Baldinger LLC is a complex legal decision with enormous implications and requires professional and practical legal advice. A consultation with our bankruptcy attorneys can help shed more light on benefits of bankruptcy protection advantages as well as bankruptcy repercussions.

For more info and questions about Bankruptcy Protection and Bruce Baldinger LLC please visit the Bruce Baldinger LLC group at www.baldingerlaw.com

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Bankruptcy 101

Monday, July 19th, 2010

Finding yourself in a challenging financial predicament can be stressful. Facing the potential of dealing with bankruptcy can be even more overwhelming.

Because most people in serious debt are ashamed of their dilemma, they don’t ask questions relating to the bankruptcy process.

Filing for bankruptcy is one of the biggest financial decisions a business or person will ever make, it is important to have proper bankruptcy information before beginning the process.

The United States federal court system manages all bankruptcy information and establishes the laws regarding the procedure.

Simply by filing a petition referred to as a Statement of Intentions, this is how the you informs the court system that they are applying for bankruptcy.

Just because a person files the Statement of Intentions does not always mean they will complete the process. The courts will request credit history, creditors and the amounts of all debts, along with current and past work history. This information will be evaluated to determine whether or not a debtor can proceed with the court case.

You are not required hire an attorney to represent you in proceedings. However, an attorney can be a good source of knowledge pertaining to bankruptcy information.

A lot of people are hesitant to take on an attorney because they do not believe that they can really afford to do so. The truth is numerous bankruptcy attorneys are reasonably priced due to the circumstances.

One of the main misconceptions of bankruptcy is that all possessions are taken and repossessed. Only Chapter 7 requires a complete liquidation of assets. However even with Chapter 7, people are allotted exempts, or items that are necessary for living.

There is a new bankruptcy law in place also known as Bankruptcy Abuse Prevention and Consumer Protection Act. This law was instituted in 2005 to end fraudulent bankruptcy claims.

While filing for Chapter 13 and Chapter 11, have not adjusted that much, filing for Chapter 7 has becoming increasingly difficult.

Call janian & associates for a free consultation with a bankruptcy attorney.

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Advice When Choosing A Bankruptcy Lawyer

Sunday, July 18th, 2010

Before everything, establish if you really even need a bankruptcy lawyer. If your position is pretty straightforward, then It’s likely that you can have a bankruptcy petition preparer to file on your behalf. If your particular circumstance is convoluted you may very well will need an experienced bankruptcy lawyer.

The more involved your case the more you will need to consult directly with your attorney to make sure that your case is properly handled. With so much at stake, it is important that you work directly with a professional that is an expert in bankruptcy law.

A good way to find a qualified attorney is to ask for referrals. If you know anybody who has filed bankruptcy, do not be reluctant to ask them how their attorney managed their case. If you do not know anybody who has filed bankruptcy before, get in touch with law firms outside of your area and ask for a referral from them.

The majority of bankruptcy lawyers give a free initial consultations. In many ways, this appointment is like an interview. You are trying to find the best person for the job. It is not the other way around.

You should ask how many years they have been practicing.

Find out the attorney will be personally managing your case or if it will be assigned to junior lawyer. Ask however many questions as you need ask.

You want to find an attorney that you are comfortable with and who offers a competitive rate for their fees. By no means compromise quality and experience for a cheaper price.

Each bankruptcy case is unique and contains different scenarios that may not be suitable for your needs. Janian & Associates can gather the required information and send you on the right path! They have years of experience in the field and can help you make the right decision before it’s too late.

Call Janian and Associates for a free consultation with a Bankruptcy Attorney.

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Becoming Familiar With Bankruptcy And Your Options Available

Wednesday, July 7th, 2010

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy, often called a straight bankruptcy, is a liquidation proceeding. The borrower relinquishes all non-exempt property to the bankruptcy trustee who then turns it to money for payment to the creditors. The debtor receives a discharge of all dischargeable debts usually inside of 4 months. In the vast majority of cases the debtor has no assets that he / she would lose so Chapter 7 will allow that person a reasonably quick “fresh start”.

One of the primary purposes of Bankruptcy Law is to allow a person, who is hopelessly burdened with debt, a fresh start by wiping out his or her debt.

Men and women who file for chapter 7 bankruptcy must agree to go to credit counseling. After filing chapter 7 bankruptcy, it may be challenging to obtain credit for several years, and it is not possible to file for personal bankruptcy again for a set period of time.

It has become more challenging to file for chapter 7 bankruptcy in the United states, thanks to laws which drastically tightened the bankruptcy policies in the early 2000s. It is recommended to check with a legal professional and an accountant before investing in a bankruptcy filing, because although the professional fees for the consultation may be high, there may be an alternative that has not been thought about. A professional consultation can also smooth the way to move ahead with bankruptcy filings, if a person decides to continue with bankruptcy proceedings.

What Is Chapter 13 Personal Bankruptcy?

Chapter 13 Bankruptcy is commonly recognized as a reorganization bankruptcy. Chapter 13 bankruptcy is filed by individuals who want to repay their debts over a time period of 3 to 5 years. This type of bankruptcy appeals to people who have non-exempt assets that they want to retain. Additionally it is only an alternative for people who have predictable earnings and whose income is adequate to pay their reasonable expenses with some sum remaining to pay down their financial obligations.

Hiring an experienced Boston bankruptcy lawyer 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.

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Carlsbad Bankruptcy Lawyer Assists Citizens With Credit Repair

Saturday, July 3rd, 2010

Many times we tend to face tough situations like unemployment, financial crisis and bankruptcy. These kinds of situations are not only tough to handle but, at the same time, they can put us in embarrassing positions too. Facing such awkward moments can be tough. However, if you are thinking of filing a bankruptcy application then you could use the help of a professional lawyer. If you are a resident of Carlsbad then you should enlist the services of a Carlsbad bankruptcy attorney in order to save yourself unwanted harassment.

At Carlsbad, you will find some of the best bankruptcy lawyers who will guide you in the right way in order to face a situation like this. The lawyers of Carlsbad will offer you consultation at affordable fees, so that you can understand your situation and gain some valuable advice too.

At Carlsbad, you will see a lot of laws related to bankruptcy and these kinds of complicated laws can only be handled by an experienced Carlsbad bankruptcy attorney. According to one law, you cannot file a second bankruptcy application before a limited period of 8 years.

Moreover, according to the bankruptcy law of Carlsbad, there are certain debts that cannot be excluded. So, here the lawyers will inform you about every ins and outs of the bankruptcy law and also tell you about the negative affects on your credit ratings after filing a bankruptcy application.

Selecting the best bankruptcy lawyer for yourself in Carlsbad is not an easy task as here you need to do a lot of research. However, you can take a lot of help from your friends and even the internet. Once you get the names of the best lawyers in Carlsbad, who deal with bankruptcy cases, you need to check their reputation and expertise in the field. You should get an experienced lawyer for your case.

After this you must fix the fees of the Carlsbad bankruptcy attorney and for this you must consult the lawyer before getting into the agreement. In Carlsbad, the fees might range between 1000 $ to 3500 $. So, get the best advices related to bankruptcy problem with the efficient lawyers of Carlsbad.

Using the services of a Carlsbad bankruptcy attorney when facing complex debt issues will allow for the best resolution of obligations. Learn more about debt solutions by visiting http://live-debt-free-now.com/ .

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Top 10 San Antonio Bankruptcy Myths

Tuesday, June 8th, 2010

Do not be misled by myths that are associated with filing bankruptcy. Within San Antonio both federal and state regulations operate in Texas, to help support debts and provide options for relief.

1. Bankruptcy is not an option because of the means test

Firstly, the means test is designed to prevent people with high disposable incomes filing chapter 7, as its purpose is for those in the situation where they definitely unable to pay for their debts. If the debt you have is considerable amount or medical expenses have caused an unexpected debt load, chapter 7 may be the best option. Many attorneys offer means test calculators. In addition, if you do not meet the qualifications for chapter 7, there are other options for bankruptcy that maybe more suitable for your situation.

2. Bankruptcy is not an option because I have a job

Having a regular income means that you may have more options when filing bankruptcy.

3. When you file for bankruptcy you loose everything you have earned

This is not true, but many people have this fear that causes them not to file or even speak to an attorney regarding their situation. It is also a fear that causes people to delay the inevitable with attendant loss of property. The sooner you react and make proactive decisions such as seeking advice the greater the chance of minimizing asset loss.

4. I cannot file for bankruptcy because I will loose my job.

For a start, there is very little likelihood that your employer would find out. Also consider, San Antonio is subject to both federal and state law. Under federal law, it is illegal to discriminate against a bankrupt person; therefore, this should not be an issue.

5. Bankruptcy is not an option because I will be exposed to scandal

Unless you are a prominent figure in San Antonio, a simple bankruptcy case is unlikely to draw attention of any kind even though it is a public matter. Even people close to you need not know.

6. I can spend as much as I want since bankruptcy will take away the debt

Avoid going on any type of spending spree prior to filing. The court may take the view that you behaved fraudulently by accruing more debt when you knew you were unable to repay it. At the very least, this would mean that the debt would not be included in the discharge and still have to be paid. Nonetheless, acting in this way could seriously hurt your bankruptcy process.

7. You can transfer your property to avoid losses

This is a potentially fraudulent act. However, property still held by the debtor can frequently be protected. It is wise to act honestly because prior to filling all your actions will be looked over closely.

8. You have the option to only declare some debts

Undeclared debts cannot be discharged, so this just does not make sense.

9. House loans do not need to paid off after filing bankruptcy

If you file you may avoid foreclosure on your house, but you must act quickly. When foreclosure proceedings have been started, find a San Antonio bankruptcy attorney with experience in recovering these situations. It is possible. But, the loan will still have to be repaid.

10. Will be completely debt free after discharge

Depending on your debts it varies to which can and cannot be discharged. For example, student debt can only be discharged if you can prove undue hardship. Other examples of debt that cannot be discharged are alimony, and child support.

Did you enjoy this article? Find more information on San Antonio Bankruptcy, by visit Audus Zinkman’s site San Antonio Attorney

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Can A Debt Discharged In Bankruptcy Be Restored?

Thursday, June 3rd, 2010

Let’s imagine that Tom Martin owed a local hardware store $875 for tools and supplies. Unfortunately, Tom Martin was overloaded with debt, and he couldn’t pay off the amount he owed to the hardware store. Eventually, Tom decided to declare bankruptcy. He went about finding a good lawyer . And he filed for bankruptcy. After proceeding through the judicial system, the bankruptcy court erased all of Tom’s debts.

Nevertheless, Tom had for a long time been on good terms with the local hardware store, and he felt bad that the store had never been paid. So one day when he was at the hardware store to purchase some nails, Tom talked to the store owner, Jim Matthison. Tom told Jim he was sorry for having to declare bankruptcy, but that he just had far too many debts to pay. However, he told Mr. Matthison: “I never intended for you to get stuck. So I promise to pay you the full $875, just the same as if I had never declared bankruptcy.”

Well as it turned out, Tom’s finances never got any better. So although he promised Jim that he would pay him, Tom actually never paid anything on the debt. So after ten months, Jim, the store owner, employed an attorney himself. He then sued Tom for the entire $875 he had promised to pay. Once the case was heard by the court, guess he won: Tom, the debtor, or Jim, the hardware store owner?

Bringing an Old Debt Back to Life

In most jurisdictions, Jim, the hardware store owner would prevail. The court would no doubt rule that the bankruptcy court only barred the enforcement of the debt. However, it never wiped out the moral obligation to pay the amount owed. As a result, most likely the court would rule that the actual debt, coupled with the moral obligation to pay that debt, is sufficient consideration to support the new pledge to pay off that debt.

In some states, courts have said that in such situations like this, the new promise made by Tom revives the old debt he originally owed to the hardware store. In other words, the moral right continued to exist. It was only the remedy that had been barred by the bankruptcy court.

This is all consistent with a long-standing principle of law that an earlier debt constitutes sufficient legal consideration for a subsequent promise to pay that debt. This legal rule applies not only to bankruptcies, but also to debts that are barred from enforcement by the statute of limitations. In most states, a creditor has four years to sue on a debt that is past due. If he waits ten years, he can no longer legally collect the debt. However, after ten years, if the debtor makes a new promise to pay the old debt, then the new promise is enforceable.

John Allen Farrer, is a retired lawyer who writes extensively on various legal topics. He recently wrote a helpful report on finding lawyers, the title of which is “How to Find a Good Attorney.” For a limited time, you can receive a free copy of this report by going to his website, Finding the Best Lawyers

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