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Posts Tagged ‘Chapter 7’

3 Ways Attorney Based Debt Settlement Companies Can Help You

June 19th, 2010 GuestPoster No comments

When your considering your debt relief options you may have looked into several ways to cut down debt and boost up your savings.  You may have considered everything from a do it yourself option to debt counseling.

However in this article I’m going to discuss another option to help you get debt free.  In this article I’m going cover three reasons why using an attorney based debt settlement firm might be the way for you to go.

Cutting Principle And Interest Payments

The first thing that a typical debt negotiation company like freedom debt management can do for you is work to cut principle and interest payments.  They do this by working with your creditors and negotiating a lump sum payoff.

The cost do something like this will usually run around a $100 a month plus a monthly fee to handle the monthly transactions.

Credit Negotiations

The next thing a debt settlement attorney can help you do is improve your credit.  They will be able to get a copy of your credit report and look for mistakes that could be fixed to help you improve your score.

However things that are on your report like bankruptcy and foreclosures that have come from mistakes that you have made cannot be erased or changed, only mistakes can be fixed here.

Bankruptcy

Finally, a debt settlement attorney can walk you through the process of bankruptcy such as a chapter 13 or chapter 7.  However bankruptcy should not be looked as a one step fix all plan.  It is something that should be considered very carefully.

The cost of a bankruptcy will usually run around $2000 plus filing fees, and credit counseling fees.  However this is just a rough estimate and fees can depend on a persons situation.

Final Thoughts…

Of the options I have given you take the time to research each and everyone before you make a decision. Making a bad financial choice could take you a second to destroy everything you’ve worked for and a lifetime to rebuild.

What You Need To Know About Personal Bankruptcy

May 4th, 2010 Rebecca Monroe No comments

It maybe the worst thing ever to do, but sometimes you just have to file a personal bankruptcy. It is not easy, but when your situation calls for it, there is nothing much you can do about it.

So early on, you should know the telltale signs leading to personal bankruptcy so you can get yourself out of it before the whole thing blows up. Usually, a person that experiences loss of income, job loss, or personal business failure is headed for personal bankruptcy.

Others have excessive student loan debt that they need to pay back using their income while some need to pay up the debts resulting from accidents or serious illness that happened in the family or to themselves.

Sometimes all these are too much for some people leading them to ultimately file for personal bankruptcy. Everyone needs to make their own decision and check the alternatives.

But many times there are ways to avoid being in this situation. People sometimes look for debt consolidation loans. Some go for credit counseling and have a debt management plan made for them, while some send consumer proposals to creditors.

But if these options will just not work for you, then perhaps knowing the advantages and disadvantages of being in this financial situation might lessen your load even a bit. Some of its advantages would be protection from collection action, legal action, and wage garnishes.

Filing for personal bankruptcy also gives you the privilege of having your unsecured debts eliminated. Also, it is quicker than any other option and is not that expensive, too. On the other hand, being in this financial fiasco makes your credit history look bad.

Moreover, you might be obliged to turn over to your trustee some of your possessions and you also will be required to keep track of all your expenses while you are at it.

Government Debt Relief is helpful for many people who are in need of Debt Management Advice

When To File For Chapter 13 Consumer Bankruptcy

March 24th, 2010 Admin No comments

One particular question that a majority of clients thinking of filing for bankruptcy a  bankruptcy attorney is: “So what’s the distinction between Chapter Thirteen and Chapter Seven?” Whereas Chapter 7 bankruptcy is basically “liquidation” — the use of your present possessions to pay back your creditors, Chapter Thirteen was established to offer you a chance to reorganize your fiscal position in a process which will allow you to pay some or all of your financial obligations while using the money you earn in the future. Though quite a few assets remain safeguarded from being sold to pay back creditors in Chapter 7 bankruptcy, if ever the value of your interest in any property exceeds the federal or state exemption amount, that property can be liquidated with the profits applied towards your financial obligations.

Assets are not liquidated in Chapter 13 . Instead, you can retain and continue to use all of your possessions irrespective of whether it is protected with an exemption. Your financial obligations are paid for through a bankruptcy plan that has been approved by the bankruptcy court. If you complete the plan, you receive a discharge similar to the discharge in a Chapter 7.

There can be exceptions to your Chapter 13 discharge. By way of example, long term debts with final installments owing subsequently after the plan is concluded which are “cured” in the plan aren’t discharged. Specified tax debts aren’t discharged. Neither are debts incurred by means of fraud, ones not listed in the bankruptcy, most student education loans, or drunk driving debts and other criminal penalties or civil penalties.

Whether or not a discharge can not always be granted in your specific circumstance, there are occasions when it could be in your best interest regardless. Even though a discharge is unavailable under Chapter Thirteen, if you are behind on your mortgage loan and at risk of losing the house to the lender, Chapter 13 Bankruptcy can allow you to prevent a foreclosure and get caught up with your mortgage payments through the plan.

A large number of people today are convinced that in the event that they have to file for bankruptcy that they will lose anything and everything they’ve got. This, though, is not so. While both Chapter 7 and Chapter 13 have their particular distinct strengths,Chapter 13 bankruptcy is most often the favored chapter for those wishing to save their homes from foreclosure.

Chicago bankruptcy lawyer, and publisher of Chicagoland Bankruptcy Help, John Kunes works hard to be the bankruptcy lawyer Chicago can depend on.

Filing For Bankruptcy In Michigan

March 2nd, 2010 Admin No comments

Those who are thinking about filing for bankruptcy in the state of Michigan might be wondering what they can expect out of the process. While bankruptcy is not a cure-all for financial problems, it is sometimes the best option. Here is some handy information about how one qualifies for and goes about filing for bankruptcy.

Firstly, it’s important to recognize that not all debts will be wiped out through this process. In Michigan, some debts will remain afterward, including taxes, criminal and traffic fines, back child support, most student loans and anything not specifically on the list of debts to be discharged.

Also, credit counseling is mandated by state law before filing for bankruptcy. Debtors must either contact creditors to obtain a workable payment plan or seek a debt consolidation loan within six months prior to filing. After the documents are filed, completing a financial management course is also required.

It’s important to understand the differences between the two bankruptcy types. Chapter 7, the discharging of debt while keeping a home or property not in default, and Chapter 13, a repayment plan that usually allows the debtor to keep a home, automobile and certain other property even though the loans for such properties are in default.

Michigan bankruptcy filings require extensive and often complex paperwork, including a two page petition and a list of all the debts to be discharged and property to be excluded. Deeds or titles of property owned and verification of income, expenses and financial transactions for two years prior to filing are also needed. The fee for Chapter 7 filings is $299, while Chapter 13 is $274.

Fortunately, once the paperwork is filed, the harassing phone calls from creditors can be stopped. In fact, creditors are required by law to cease contact once advised of the bankruptcy, but the court may not inform them for several weeks. To speed along this process and cease the calls, debtors should let creditors know of the filing right away and supply a case number.

The proceeding itself consists of a short meeting (called a 341 meeting) with a bankruptcy trustee. This individual may ask some questions in regards to financial status to clarify matters. The debtor is sworn under oath to answer. The debtors’ attorney and creditors can also attend this meeting.

Those considering this option will be relieved to know that bankruptcies don’t end up in court unless a debt or its discharge is disputed. Creditors have 60 days after the 341 meeting to challenge any debts included. Should there be no dispute, the process is generally finalized in three to six months.

Since there are so many steps involved in filing a Michigan bankruptcy, it is recommended that those considering this debt relief option contact a local attorney that specializes in bankruptcies for further assistance. The right attorney can be an invaluable asset, protecting your property and your interests to the full extent of the law during an emotional and difficult time.

If you’re thinking about filing for bankruptcy in the Detroit area, contact Michigan bankruptcy attorney A Better Way Bankruptcy. With nearly three decades of collective experience, their friendly, helpful and compassionate attorneys and professionals can help you obtain relief from debts, stop calls from creditors and get the fresh start you need.