Financial Aggregator

A recessed economy and bursting of the real estate bubble have pushed borrowers to the point where they can no longer keep up with payments on their credit cards and consumer debt. For those searching for solutions, the decision often comes down to choosing between a variety of debt relief options. The options include debt counseling, debt consolidation, bankruptcy, and debt settlement. Of the four, debt settlement and filing bankruptcy have become the most popular of the solutions due to their advantages relating to decreasing current payments and the reductions in outstanding balances of debt.

For consumers, the two most common filings are chapters 7 and 13. Of the two, chapter 7 allows for much better outcomes for filers with steep reductions or outright dismissals of debt. Prior to the overhaul of the bankruptcy code in 2005 chapter 7′s were immensely popular for just that reason. Since the overhaul, the choice of which of the two chapters would be available to the consumer is decided by the court depending on the outcome of a means test which is the required first step in any bankruptcy filing.

The means test is essentially an evaluation of the filer’s income and expenses which is then set against debt redemption standards as set by the IRS. Measured against the IRS standards, if the borrower falls short of income guidelines he can then file for bankruptcy under the auspices of chapter 7. The guidelines for qualifying for chapter 7, however, are stringent. If the means test reveals that a borrower can pay even one hundred dollars per month toward debt, the filing will automatically go toward a chapter 13 bankruptcy. In either situation, the borrowers are required to get credit counseling and budget analysis at their own expense.

Chapter 13, while providing some relief on current payments, is not nearly as consumer friendly as chapter 7 and carries disadvantages that convince many borrowers that the option is just not for them. The biggest disadvantage is that once the terms of the filing are set, a borrower’s finances can be overseen by a trustee of the court. The invasiveness of having an outsider involved in day to day or monthly budgeting becomes an immediate deal killer and typically turns the borrower toward debt settlement.

Debt settlement, also known as debt negotiation, is a relatively new and aggressive form of debt relief offering many advantages over counseling, consolidation, and bankruptcy. The first and most immediate advantage is an approximate reduction of 50% on payments related to each account rolled into the debt settlement. Accounts which can be rolled into the settlement include credit cards, department store debt, unpaid utilities, medical bills, and other unsecured debt. Other advantages include:

* Being proactive in pursuing a debt settlement can prevent wage garnishments and attachments – Letting creditors know that you’re in a debt settlement process provides assurance they are going to be paid a least some of their money. Creditors are unlikely to initiate any legal action while a settlement is under way.

* Debt elimination – Outstanding balances can be reduced by 40 to 70%, depending on the creditor. On average, the collective accounts in a settlement will be reduced by 50%.

* Added security for secured assets – Reducing payments and eliminating a portion of unsecured debt relieves pressure on secured assets. Debt settlements, for example, are being combined with loan modifications to help homeowners reduce their total payments toward debt and improving the chances of getting approved for new mortgage terms.

* Complete payoff of debt balances – After the debt reduction, payoff schedules are flexible but generally last no longer than 48 months. The same accounts maintained with minimum payments could take over twenty five years to pay off.

* Faster improvement of credit scores – The settlement of accounts allows for borrowers to begin the process of re-building their credit scores faster than bankruptcy which can remain on a credit report for ten years and stay on the public record indefinitely.

Debt settlement/negotiation is becoming increasing popular with struggling consumers because of its advantages over every other form of debt relief including bankruptcy. Consumers should still familiarize themselves with all forms of debt relief before making a decision. The best way to sort through the options is to work with an attorney with experience in all forms of debt relief to determine which will deliver the best outcome. Getting on the road to financial recovery is that simple.

Recent changes in U.S. law made declaring bankruptcy a much more complicated matter. Chapter 7 is the most common form of bankruptcy requested by debtors and does not require repayment. However, the U.S. Trustee has become much more aggressive in denying Chapter 7 bankruptcy, and instead forcing people into a Chapter 13 bankruptcy that does require repayment. Today you need much more from your law firm to get your Chapter 7 petition approved.

Under the new regulations, the government requirements to obtain a Chapter 7 bankruptcy are:

# Obtaining a Special Edition Credit Report of your obligations

# Transfers of your accounts to collection agencies

# Third-party assignees and if any judgments have been obtained against you

# Obtaining a copy of your IRS Tax Transcripts

# The Pre-Filing Credit Class

# Performance and certification of the Financial Means Test

# Preparation and filing of your petition

# Payment of all court filing fess;

# Representation at court hearings (as known as the Meeting of Creditors)

# A copy of your official filed bankruptcy petition

# And the Post-Filing Credit Class.

Arguably the most difficult and the most critical part of the Chapter 7 process is the new “means test.” The means test compares the debtor’s income in the six months before the filing of the bankruptcy to their state’s median income. If the debtor’s income falls below the state median, they are automatically allowed to file for bankruptcy under Chapter 7. If the debtor’s income is above their state’s median income, they may still qualify to file for Chapter 7, but it becomes more complicated process with additional tests that take their expenses and excess income into account.

Another crucial step in getting your Chapter 7 bankruptcy petition approved is the “341 creditors meeting.” The meeting takes place one to three months after the bankruptcy petition is filed, the 341 creditors meeting takes place, which allows creditors the chance to gain additional information about the debtor’s finances and ability to repay his debt. While you are not required to have a bankruptcy attorney, it is important to make sure you are prepared properly for the meeting.

Considering both the new and the old requirements, it may be in the best interests of a debtor to hire a law firm that has both bankruptcy lawyers and a professional accountant.

Proof of Claims:

Filing bankruptcy does not mean that the court is going to listen to the debtor only. The court gives a chance to the lenders as well to submit their claims. These claims are called “proof of claims”

Approving Proof of Claims:

If in the midst of the process of filing bankruptcy, the creditor submits the proof of claims, the court asks the debtor whether he/she objects to the proof of claims. Now, if the bankruptcy applicant does not respond to this query of the court, according to the personal bankruptcy rules, it is taken for granted that the bankruptcy applicant does not have any objection to the proof of claims. This means that the applicant approves the proof of claims and applicant has to pay if possible what is owed to the creditor or lender during the process of bankruptcy. The priority of the bankruptcy will be affected by this. This is also going to have a big effect on the secured and non-dischargeable debt.

Consequences of Approving Proof of Claims:

Suppose during the process of bankruptcy, a claim for child support is made. This claim could enormously inflate the amount that you owe. Now if you do not challenge it during bankruptcy, you will not get a second chance to take objection to it. Since you have not taken any objection it will be considered allowed by you and you have to pay this if possible during bankruptcy. This situation could be repeated in case of taxes, student loans or other secured debt. Because of this, one could be servicing the claim even after filing bankruptcy.

Challenging the Proof of Claims:

To avoid this sort of troubles one should thoroughly check the claims of the creditors during bankruptcy. If you find any inaccuracy, you should immediately take objection to it forth the bankruptcy court. You should take help of bankruptcy attorneys or bankruptcy lawyer to represent your case.

One of the most common questions about Chapter 13 bankruptcy is what happens if your financial situation changes during the duration of the plan? After all, a Chapter 13 plan runs from between three to five years and a lot of life can happen in that period of time. What happens if you or your spouse lose a job, get sick or in an accident and incur medical expenses, or have a change in family size?

Fortunately, Chapter 13 bankruptcy does have a great deal of flexibility in case of a change of income or expenses during the duration of the plan. Many times the court can agree to modify your plan to make it work. This often involves a lowering of monthly payments which debtors are obligated to pay.

Other times, the changes may need to be made even before a first payment is sent. Sometimes debtors are still unable to pay their mortgage even with the restructuring of their debt in Chapter 13. In cases such as this, modification is necessary. If the situation that you are experiencing is only a short term problem, the court may grant a moratorium in payments if it will allow you an opportunity to recover from an illness, one-time expense, or some other temporary cash flow problem.

If your situation changes significantly, Chapter 13 has what is called a “hardship discharge”. This happens when a Chapter 13 plan is confirmed but circumstances come up that prevent the debtor from completing the plan. However, there are stipulations to a hardship discharge which make it available only if: the failure to pay comes from circumstances beyond the debtor’s control, creditors have received at least as much money as they would have received under Chapter 7 where assets are liquidated, and if modification of the plan is impossible.

If you are seriously considering bankruptcy and you live in California, you need to consult with a California bankruptcy lawyer. While the process is complicated, they will be able to help you understand your options and help you avoid making bad decisions that you could later regret. If you are over-burdened with bills and cannot see any light at the end of the tunnel, bankruptcy may be the best option to help you get that much needed fresh start and allow you to rebuild your future. The law offices of Borowitz, Lozano and Clark, LLP specialize in California bankruptcy and exclusively represent debtors in Consumer and Small Business Bankruptcies. They have helped over 20,000 families get free from the burden of debt since 1997. Call today for a free debt consultation at 1-800-509-3200.

Some people get so fed up with their mounting debts and creditors’ calls that they decide to file for legal bankruptcy. They think that it is an easy way to get rid of debts and once they get out of them, they would be able to start fresh. But is this always true? No.

You should know several things about legal bankruptcy before you opt to file one.

1. There are different types of legal bankruptcy – Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Here we will discuss only Chapter 7 and Chapter 13. Chapter 7 is the process of relieving the applicant from all his debts by liquidating his non-exempt assets. The money raised by selling the assets is used to pay off the creditors. However, it is commonly seen that people applying for Chapter 7 bankruptcy do not have any non-exempt assets. Chapter 13 bankruptcy does not relieves one from his debts but instead gives a person some time to pay off his debts or in other words a person filing for this bankruptcy can choose a repayment program according to his prospect earnings. The main benefit of this type of bankruptcy is that it helps people to lower the rate of interest on their debts. Sometimes even a portion of the debt is waived off. Moreover, the applicant does not have to part with his non-exempt assets as in the case of Chapter 7.
2. Once you file for bankruptcy your credit score will plummet. Raising finances, getting credit cards and loans would become difficult. So, if you are thinking that bankruptcy would help you to start afresh, think again. If you need finances to start a new venture after bankruptcy, it may not be easy. Even getting a car or home loan would become difficult. Chapter 7 bankruptcy reflects in the credit score for 10 years and Chapter 13 for 7 years. So, things may turn difficult instead of becoming easier after you file for bankruptcy.
3. The loans offered to people who have filed bankruptcy have high rate of interest and fees. Therefore, even though you may get rid of the previous debts, your new debts will become costly.

Before you make your final decision, find out the debt amount you owe. If you have small amount of debt, a few thousands, then think several times before filing legal bankruptcy. Your financial situation may improve after sometime and you may be able to pay off debts. Debt consolidation, budgeting, and finding a part time job may help to overcome the situation in a short time.

The implications of legal bankruptcy are felt for long and therefore one should take an informed decision after weighing all the pros and cons.

The ongoing economic depression is affecting people all over the world. Individuals are finding it difficult to sustain themselves. And many debtors are finding it next to impossible to redeem their debts, and become debt free. To find a way out, filing for bankruptcy might appear to be the way out. Even though one does not find long-term beneficial solutions while filing for bankruptcy, a few debtors are forced to consider Chapter 13 Bankruptcy and Chapter 7 Bankruptcy as probable options to control their financial situation. Filing for bankruptcy can be complicated, since premature or improper filing can lead to undesirable situations in the near future. One generally employs the services of an experienced bankruptcy attorney or lawyer to carry out the filing activity. So it’s imperative to find the right kind of lawyer to handle the bankruptcy issues. The question is how does one decide upon the correct lawyer from so many bankruptcy attorneys available? The article tries to answer the question by providing a few suggestions.

Certain features indicate the characteristics of a good bankruptcy attorney. And there are also a few negative points to look out for while selecting upon the attorney. By considering both the positive and negative points, one can possible select a reasonably effective attorney, who can represent the debtor in a better way, and help to achieve the desired results. Majority of individuals considers bankruptcy as a final solution and look out for lawyers offering free consultations. So it’s advisable to search out lawyers who offer free consultations, since they would have nothing to hide. It’s not recommended to pay any money upfront or pay the bankruptcy fees, since one cannot be so sure about the quality of services offered in the future. One might well end up losing the money, if the services offered are not up to date. Usually, lawyers don’t refund any fees or money once they accept it. Good quality lawyers don’t demand any money upfront, since they are sure about themselves and their abilities. Such lawyers usually provide a fee payment plan, and help the client in providing affordable ways and means to pay the fees. The fact is lawyers too need money, and earn their living through their fees. A few lawyers collect total fees once they file for Chapter 7 bankruptcy. They do not charge any fees upfront, or leave and fees to be recovered later. Some lawyers prefer their fees to be paid off in parts or installments as they proceed ahead with the bankruptcy activity. Very few lawyers collect their money after the entire bankruptcy is dealt with.

It’s important to stop the attorney from rushing things. Filing a Bankruptcy is not a simple process. Lawyers are usually pressed for time, and there’s a tendency amongst lawyers to incorporate more work in limited time available. So they often tend to “combine” several activities together, and try to finish them “at a go”. This is wrong, but it occurs. So at times, if the lawyer is hurrying things up, or forcing the debtor to do things quickly, one should clearly state and clarify that it’s going to take some time, and that one needs certain flexibility in terms of timing to reach a decision. Arriving at decisions will take time. Basically, it’s the debtor who’s financial future at stake – not the lawyers.

When debtor decides filing for bankruptcy, it’s because he or she does not have enough money to pay off the creditors. That’s the basic cause – lack of money and hiring out lawyers costs money. Therefore, one has to look out for attorneys who are affordable, and who can spend enough time and resources to represent the individual properly and in an effective manner. That’s the only way to achieve desirable as well as favorable results.

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Usloanz.com is the Web site where you will find a trusted Bankruptcy Attorney who will help you make decisions regarding Chapter 7 Bankruptcy andChapter 13 Bankruptcy that are right for you.

It is very important to find an experienced and vetted bankruptcy attorney who has the knowledge, as well as the experience to make a substantial difference, as far as your financial situation and debt problems are concerned. One should ideally look for an attorney who provides personalized services – so if you are prevented from meeting the main person, and are forced to confer with the associates, or assistants, it is very likely that the personal help your desire might just not be available for you.

Specialized help is required and essential for moving forward from tough financial hurdles. The fact is majority of the Chapter 7 Bankruptcy and Chapter 13 Bankruptcy cases do not end up with actual battles involving prolonged litigations in the U.S. That is what the statistics indicate. But a legal presence is very much required, a representative who can arbitrate on behalf of the debtor in the court. So the attorney should have some experience in actual proceedings and court related work. If required, the attorney should be able to put up a decent fight in the court. So it is important to seek assurance and avail independent recommendations, as well as evaluations of the attorney who is going to represent you.

From the fees point of view, one should have a clear talk and work out the exact procedure involved in payment of legal fees, likely to be charged by your bankruptcy lawyer. Some attorneys entertain bargains, but it is advisable to thoroughly check out the lawyer’s background before thinking about this particular option. Some attorneys do not like to bargain, and often think clients who bargain are likely to face financial difficulties in paying their fees in the future, and so they might not take up your case. For the rest, bargaining is a practical exercise that every businessperson undertakes to avail a cost effective situation. So it depends upon case to case.

A very low fee structure generally indicates either deficiency of services, or poor reputation – both which should be avoided at all costs. And a bloated fee structure might indicate proficiency, but the main question remains – are the fees affordable? Would it be possible to save something after the litigations, and after paying huge fees to the attorney? There are many issues and factors to consider. Generally, the debtor should look out for a bankruptcy attorney who has acceptable confidentiality ratings, and should not hesitate to check out various lawyers before reaching to a particular decision. And the nature of your debt and bankruptcy option decides a lot in determining your bankruptcy lawyer.

Certain attorneys are specialized in a particular field of work. So if your case demands, you might be forced to hire the particular lawyer to represent you, and pay the designated fees. Sometimes, the matter is not that serious in which case any bankruptcy lawyer might do. It is worth taking a look at the state’s Attorney General’s office and find reliable candidate firms doing business in your area. The final option is to contact reputed bankruptcy firms outside your jurisdiction and ask for recommendations as well as recommended bankruptcy lawyers in your city. This can be a great way to get an insight into attorneys practicing bankruptcy laws.

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Our Bankruptcy Attorney deal exclusively with consumer bankruptcy, so you can be certain that you dealing with a firm which is professional handling, such cases.

Individuals, who have filed for bankruptcies, find rebuilding credit status a very difficult activity, after the bankruptcy has been dealt with. It’s important to rebuild credit after coming out of bankruptcy, since account details are flagged for seven years right after the inception of bankruptcy. One might experience certain financial hardships, especially when it comes to availing loans and credit facilities from creditors. At times, individuals often feel getting fresh or new credit after Chapter 7 bankruptcy or Chapter 13 bankruptcy is next to impossible. The primary reason why this happens is because:-

* The bankruptcy leaves a negative impact on your credit score and ratings for as long as seven years.

* The credit scores and FICO takes a beating during and just after bankruptcy. So creditors don’t feel like sponsoring an individual who has bad credit history and poor ratings.

The basic issue is file for bankruptcy can lead to long time repercussions, and that comments related to bankruptcy remain on the credit report for as long as ten years, and the related negative information for nearly seven years. However, it’s possible to correct the situation, and rebuild the credit status and ratings even after the bankruptcy. Typically, when a creditor reviews a credit application, it’s checked for steady employment history, low delinquency status and levels, a good history of monthly payments, and the overall status of the savings accounts. The following tips can help the individual rebuild the credit status after being bankrupt:

* Secured credit cards: It’s possible to reestablish the credit ratings by applying for a secured credit card. This can be done by creating or setting up a savings account within a reputed bank that offers secured credit card facilities, and later applying for a credit card.

* Unsecured credit cards : A few banks offer unsecured credit cards facilities. In such cases, no deposit needs to be deposited, to avail the facilities. It can be a very good option in reestablishing new credit ratings. In order to qualify, one needs to be employed, and provide identity as well as residence proof in the form of telephone or utility bills. The individual also needs to have a certain fixed monthly income. The credit history should not include any recent derogatory entries or comments within the past six months.

* Merchants: Filing a bankruptcy is not advisable, as it’s guaranteed to affect the credit ratings. The local merchants can help in reestablishing fresh credit ratings. It’s possible. One needs to find out whether they report all payment activities to a credit bureau, and in the event they do, carry out transactions with them. If the merchants approve the purchase activity, one need to pay off the item’s cost within 90 days. By carefully carrying out certain calculated transactions every month, it’s possible to control the credit history. And one can improve upon the credit ratings, by exhibiting good quality transactions.

* Automobile: Certain dealers specialize in selling cars to individuals who have faced bankruptcy, or possess bad credit ratings. So one can possibly check out the telephone directory, or alternately look out for advertisements of car retailers and dealers who specialize in such issues. One should be prepared to pay big deposits, and higher interest rates. The automobile bought functions as collateral for the loan availed. Since the credit facility is associated with high interest rates, many dealers might be interested in helping out. One need to ensure all payments is made on time. Timely payments can help build good credit reports.

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Amongst bankruptcies, debtors usually opt for Chapter 7 bankruptcy and Chapter 13 bankruptcy, since they provide the maximum benefits. BankruptcyOnly is the Web site where you will find a trusted Bankruptcy Attorney who will help you make the bankruptcy decisions that are right for you.

If you find yourself mired in a situation where you can not pay your obligations anymore, then the first thing that you might consider is to file for bankruptcy. It is true that filing for Chapter 7 or Chapter 13 bankruptcy is one of your options to solve your financial problems. However, you have to take note that bankruptcy has long term effects on your financial standing. So you have to seek the most suitable bankruptcy alternative before you decide to file. There are lots of alternatives out there. All you have to do is to make a solid research and to consult a financial advisor. You may find out later that seeking alternatives to bankruptcy is more beneficial than immediately filing for bankruptcy.

The first thing that you can do to avoid Chapter 7 or Chapter 13 bankruptcy is to totally restructure your spending habits and manage your finances wisely. This is the most practical and sensible bankruptcy alternative for you. So you have to reassess your expenditures and income. You have to drastically reduce your spending while increasing your savings and paying off your debts. With proper discipline and good financial management plan, this option will certainly work. If you can execute a total restructuring of your spending habits in order to gradually pay off your debts, then you will not damage your credit rating and financial reputation. At the end of the day, you will emerge from your difficulties stronger and more enlightened about financial matters.

Renegotiating your debts with the creditors is another bankruptcy alternative that you can explore. If you are experiencing difficulties in meeting your obligations, it is not a good idea to shy away and avoid your creditors. You have to call them and find out if you can renegotiate your debts. Creditors know that a lot of people are encountering extreme financial difficulties. So they could accommodate your request for debt renegotiation. This is a win-win solution so you have to seriously explore this option instead of filing Chapter 13 bankruptcy. You can negotiate for a loan maturity extension. You can also renegotiate for interest rates adjustment. There are lots of things that you can do if you will just open your mind to debt renegotiation and restructuring.

Explore voluntary arrangement or refinancing options. You can explore these two options especially if you are still in good standing with your creditors and your credit rating is good. With voluntary arrangement, you will submit a proposal to your creditors stating that you will repay a certain percentage of the loan over a period of time. You can also find a refinancing program so you can wipe off your previous debt while enjoying lower interest rates for the refinancing plan. Such bankruptcy alternative should be studied carefully to ensure that you can get favorable deals from the creditors. There are lots of alternatives to Chapter 7 or Chapter 13 bankruptcy. You need to explore these alternatives first before you consider bankruptcy filing in order to protect your good financial rating.

Many Americans don’t understand the difference between secured and unsecured debt. In fact, few Americans even know either secured or unsecured debt exists.

Secured debt – Debt backed or secured by collateral to reduce the risk associated with lending. An example would be a mortgage, your house is considered collateral towards the debt. If you default on repayment, the bank seizes your house, sells it and uses the proceeds to pay back the debt.

Unsecured debt – A debt that is not tied to any item of property. A creditor doesn’t have the right to grab property to satisfy the debt if you default. The creditor’s only remedy is to sue you and get a judgment. Credit card debt falls into this category.

Difference

The most straightforward way to understand the difference between unsecured and secured debt to is to work out if your creditor can take away any item or property in the case that you are not able to repay the overdue amount in time. Common examples of unsecured debt, other than credit cards, are medical bills and store cards where you aren’t putting up any materials as security for the debt. Car payments and home loans however do have physical items attached.

Bankruptcy

Secured and unsecured debt also make a difference when it comes to bankruptcy. In Chapter 7 bankruptcy, you can make the choice of either keeping the product or property and pay off your debt in some other way. When a debt is secured, the creditor has rights in the security (or collateral) in addition to the rights against the debtor. The debtor’s personal liability may be discharged in Chapter 7 while lien rights in the collateral pass through bankruptcy unaffected unless they are avoided or stripped down. In Chapter 13 bankruptcy, you are allowed to keep the merchandise or property, but you will be allowed to pay off your debt according to the Chapter 13 plan.

Danger of Both

Debt Settlement agencies will tell you that both secured and unsecured debt are dangerous. With secured debt, you could lose your home, your car or other possessions. With Unsecured debt, your credit score could take a major beating, any future loans could have seriously high interest rates and more.

Unsecured Debt

Many households across the United States have over $25,000 in unsecured debt. In fact, the average American carries over $9,000 in credit card debt alone. This raises stress levels, causes sleep disorders and sometimes even depression. Hiring a qualified debt consolidation or debt settlement company can help you clear your debt quicker, pay off your loans for less than you owe and move you towards financial freedom.

Unsecured debt includes:

Credit Card Debt
Medical/Hospital Bills
Department Store Charge Cards
Oil/Gas Credit Cards
Personal Loans (unsecured)