Restoring Credit Rating Post Bankruptcy
August 30, 2010 by Bob Tremerituus
Filed under Bankruptcy
The fact is, after bankruptcy life changes, and if you want to restore your financial position, there are certain strategies one can use to improve one’s credit rating, but these are greatly helped by including them as part of an overall strategy prior to filing chapter 7 bankruptcy.
Tip 1. Your Accounts.
It’s important that you understand how your credit score is compiled. It is not just a single agency that gives the rating, but data that the agency receives about your credit position from your creditors. This is analyzed and your score worked out.
If you can persuade your creditors, and it doesn’t have to be all of them, to stop reporting your credit score with them to the credit agencies, which is perfectly legal, this will have a beneficial effect on your credit rating.
Tip 2. Credit Cards.
You may be surprised to know that credit cards, used properly and paying the balance off each month can help improve your credit rating, because the powers that be see you acting responsibly. So, even if you have vowed never to use one again, it is in fact a good idea to try and get a credit card after bankruptcy.
Tip 3. Secured Credit Cards.
A secured credit card works just like a normal credit card, but you credit limit is part of the price of the card. Rather than have a card that comes with an agreed limit, you pay your credit as a cash deposit with the card issuer. You may then go out and spend on the card up to the amount you have deposited.
Cash spending is not seen by the credit agencies. Credit card spending is, and if you pay the balance every month this will be seen as responsible spending, and your credit rating will improve. In addition, there is no danger of getting into credit card debt again as the maximum limit is covered by your deposit.
A word of caution, some less reputable card issuers are not registered with the credit agencies, making any card they give you useless in your quest to increase your credit score. Always ensure that any issuer you go with is registered ar the credit bureaux.
Tip 4. Get Included on a Friend’s Credit Card.
If you can persuade a relative or friend (with a good credit record) to add your name to their card, you will benefit from their history and this will improve your rating. The other person’s rating is not affected by your bankruptcy and you do not even have to use the card, it can be totally passive.
Be careful however, because if the other person experiences financial difficulty, then this will have a detrimental effect on your rating, but as long as that does not happen, you will see an improvement in your credit rating.
For a good number folk however, harsh economic events have conspired to make managing their debts impossible, and has left them wondering how to claim bankruptcy. If you are in that situation and need more free advice, visit www.howtoclaimbankruptcy.net.
Bankruptcy And Social Stigma
August 5, 2010 by Deb Teller
Filed under Bankruptcy
It is hard for anybody who becomes insolvent. It shows in no uncertain terms that your money management skills are not up to scratch and you can’t meet your commitments financially anymore. In the past becoming insolvent was just a step on the path to becoming bankrupt, nowadays it is not as certain.
By introducing legal alternatives for the high number of people suffering insolvency, the UK Government was able to solve the high number of bankruptcy rates in the country. The two solutions that the government introduced were the IVA (Individual Voluntary Arrangement) and the Debt Relief Order. Even with these legal solutions available, not everyone facing insolvency is eligible and bankruptcy is the only choice.
The hardest part of bankruptcy is that there is a massive social stigma attached to it. People see it as a failure financially. Older generations never saw credit dished out to such an extent, and will not have seen such high levels of debt that is around now, so they look down on those who go bankrupt.
Information about those who are made bankrupt is also made readily available to the public, making it impossible for people to hide. Up until very recently, bankruptcy cases would automatically appear in the local press. Those that are considered of ‘particular importance’ to people in a certain area still do. However not every case is published in local press these days. All national cases are still published in London Press, however, and the information about bankrupts is available freely online through the Insolvency Service. Bankruptcy also stays on your credit record for at least 6 years and longer in cases where long term clauses have been stipulated, making it almost impossible for the individual to obtain further credit.
Bankruptcy is definitely something that should be the last resort if somebody has financial trouble. There are many long term issues it can cause, and the social stigma is almost as bad as the financial problems!
Residents of Scotland seeking an alternative to bankruptcy are not eligible for IVA. The Scottish equivalent are Trust Deeds.
Bankruptcy – How Does The Trustee Work?
July 30, 2010 by Sudarsan Chhetri
Filed under Bankruptcy
To assure you receive an ‘automatic stay’, which is granted to you by law, you should file for your bankruptcy under Chapter 7, and meet with all legal requirements and charges. 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.
Some people prefer not to file for bankruptcy because there might be too many risk factors involved for them or their family. In case of such situations, a lawyer assists clients to deal with creditors, negotiate a debt settlement and arrange refinancing. A bankruptcy lawyer must have the knowledge and legal expertise of the new bankruptcy law that went into effect on October 17, 2005 and how it will affect debtor’s rights, Chapter 7 filing and Chapter 13 filing.
The Chapter 13 bankruptcy or wage earner policy includes the debtor to reimburse a minimum portion of the debts with the up to date earnings to completely cure the existing debts.
Chapter 13 bankruptcy forums have several subsections that cope with the various issues related to Chapter 13 bankruptcy. They have comments and notes provided by others who have gone through the same process.
Bankruptcy is a federal statutory law, created to remedy the need for a basic structure of laws that cover the area of bankruptcy throughout the United States. All bankruptcy cases are under taken by the United States bankruptcy courts, which is a branch of the district courts system.
It is important that people know there are other methods for debt solvency and that bankruptcy is not just an easy exit from debt pay off. You may not be ridding yourself of your creditors that easily, it is up to the bankruptcy court to take all possible measures to make sure the debt are paid back. You’ll have to sell out your assets and property in order to confirm payment.
So here is chance to get your free tips on auto refinance loans
How A Debt Consolidator Can Reduce Your Debt
July 24, 2010 by Mallory Megan
Filed under Bankruptcy
A Debt consolidation program starts with evaluating your financial situation. This process involves an in depth analysis of your financial standing. That analysis will help you to evaluate whether it is better to file for bankruptcy or go for a debt consolidation program. A debt consolidation analysis will estimate the debtor’s potential savings through the program.
When a deal is made with the debt consolidation company and the debtor. The next step is for one of the counselors to get hold of the creditors and figure out a reduction in the interest rates and monthly payments at an amount that will be affordable to the debtor.
Through negotiations with the creditors, the debt consolidation company usually reduces or eliminates the interest charged. The balance owed to-wards the creditors is reduced and they can give the debtor a reduction in even the principal amount.
The Debt consolidation program will also aid the debtors by getting the creditors to halt the legal actions which they were bringing against the debtor which means they can no longer consume the debtor’s income nor can they take the debtor to court. Also this starts bringing up the credit rating of the debtor because now the debtor is repaying the debts under the new agreement.
With this process of debt alleviation , the debtor will no longer have to reply to embarrassing phone calls from his creditors. The debtor wont incur any bills or pay the creditors directly. The debt consolidation program will directly take hold over the creditors. The debtor will just be required to pay the debt consolidation company a single amount monthly according to the budget which was agreed upon with the debtors. So there is no need for any interaction with the creditors.
Most of the time these systems are free to the debtor because the fees are paid by the creditors, since they would rather get something in return than lose all the money that the debtor owes them. Also, programs like this work for those with good or bad credit. It is a great solution for debt reduction to use a debt services company or consolidator that uses this method.
Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies
Consumer Bankruptcy Fundamentals
June 23, 2010 by John Kunes
Filed under Bankruptcy
It might be quite tough for somebody that has been enduring personal debt and past due bills to reach the realization that they might be in a financial condition which will not likely simply resolve itself. Despite the fact that this kind of problem can seem virtually hopeless, there is a way out that the legal system can provide to help people get out from underneath the encumbrances of overwhelming unpaid debt. Within my Chicago bankruptcy practice, I help individuals to find out whether or not the decision to seek bankruptcy relief is appropriate with respect to their unique problems.
Some individuals think that changes to the bankruptcy law that were handed down in the year 2005 have made it almost impossible for individuals to meet the criteria for debt elimination with the aid of consumer bankruptcy. Even though the 2005 law, the Bankruptcy Abuse Prevention and Consumer Protection Act, or BAPCPA, has made it more difficult, the reality is that most consumers who need to file for consumer bankruptcy can continue to do so.
So just what is bankruptcy? Fundamentally, bankruptcy can be described as a legal proceeding that enables folks with more debt than they can pay to start over – financially speaking. This is why bankruptcy is also called a “fresh financial start.” Once you file for bankruptcy, collectors must immediately stop attempting to recover the debt that you owe. Based on the chapter somebody files under, the majority of unsecured debt can be cleared – doing away with the obligation to pay them. Unsecured debts are those without collateral, including credit cards. Secured debts, which include car loans and home mortgages, must be repaid if the debtor desires to maintain the property. However, should they be behind on installment payments, filing for bankruptcy will be able to stop a repossession or foreclosure by allowing for the past due sum to be repaid over time as the regular payments continue.
Though there are various local rules and state laws that come into play in bankruptcy proceedings, the main source of bankruptcy law is Title 11 of the U.S. Code. Since bankruptcy is federal law, bankruptcy cases are filed in the federal court for the district where the debtor resides. By way of example, since I am a Chicago bankruptcy lawyer serving Chicago area residents, my clients’ cases are filed in the United States Bankruptcy Court for the Northern District of Illinois.
You will discover 4 different varieties of bankruptcy cases under Title 11: Chapter 7, Chapter 11, Chapter 12, and Chapter 13. Of those 4, Chapter 7 and Chapter 13 are the most typical and most useful to individuals. Chapter 7 is known as straight bankruptcy or a liquidation and requires people to give up property to repay their creditors. Due to the many state and federal exemptions that safeguard certain property from liquidation, most people who declare Chapter 7 bankruptcy don’t lose any property whatsoever.
Chapter 13 is known as a reorganization. Chapter 13 permits families to pay back all or some portion of their debt over time by means of future earnings. No property is liquidated under a Chapter 13.
Even though this brief summary offers a simple overview, it’s not legal advice. Bankruptcy law is complicated and consumers contemplating bankruptcy ought to speak with an attorney in their jurisdiction. Should you live in Illinois and therefore are seeking a Chicago Bankruptcy Attorney, please consider The Law Office of John C. Kunes, P.C.
Visit Chicago Bankruptcy Lawyer John Kunes’s blog to get the facts you need to know to determine if consumer bankruptcy might be a good solution for you.
Should I Go With Debt Consolidation Rather Than Bankruptcy?
June 21, 2010 by Dan Shalipnas
Filed under Bankruptcy
So many people are finding themselves in debt for one reason or another. Maybe you had to charge everything to your credit cards because you were out of work and did not have much in the way of income. Maybe you simply got in a little over your head and spent too much on car accessories or things for your home. Either way, it is time to get rid of that debt before you drown in it. This is the time to look at debt credit card consolidation or credit payoff solutions.
Chances are, you’ve seen the commercials on magazine ads claiming that bankruptcy will give you a fresh start, clearing away all of your debt. You need to be aware that there have been changes to the bankruptcy laws, making it more difficult to entirely clear your debt through bankruptcy. Bankruptcy is not the most financially sound solution to your debt problems. If you file bankruptcy, there will not be a lender who wants to deal with you.
This means you will not be able to take out a mortgage loan, a car loan, or even a credit card for a number of years. If you do somehow get a credit approval, you will be paying extremely high interest rates. These high interest payments and overall lack of credit will cost a lot more than it would to do a debt credit card consolidation.
Now, debt credit card consolidation is not the only route you could take. There are also many other settlement programs out there that will help you get a credit payoff amount that is lower than your original debt.
For example, you have one credit card company from whom you owe $5000. You are having a great deal of trouble paying them, or are in default or even rarely sending them payments.
A credit payoff company or debt relief company that helps to obtain settlements for you could offer the credit card company three thousand dollars, maybe even less, and see if they accept it.
Whether you use a credit counseling center, a credit payoff company, or enter a debt credit card consolidation program, you need to be proactive. Something has to be done as quickly as possible. Remember, the longer you wait to deal with this problem, the bigger your debt becomes and the harder it will be to make a settlement offer.
Take some time to look at every option you have available and do your best to make at least some payments to your creditors while you sort it out. Remember, the more payments you make before entering a credit payoff offer or debt credit card consolidation program, the lower the payoff will be. A debt credit card consolidation firm will be able to work with you to easily come up with a deal if you have made some kind of an effort to pay off your debts.
Going to bankruptcy court should be your last option. Look at every possible solution before even considering bankruptcy. There is probably an answer to your problem that you are not aware of yet. With a debt credit card consolidation or credit payoff, you will be debt free before long and living a life that does not include hiding from your creditors.
Don’t wait until it’s too late, find the top rated debt credit card consolidation company for you.
How To Recover From A Bankruptcy
June 15, 2010 by Jonathan Summers
Filed under Bankruptcy
Bankruptcies can stay on your credit report for up to 10 years and can annihilate your credit score by hundreds of points. But by utilizing these plans of action, you could increase your credit score and become creditworthy several years before the bankruptcy drops off your credit report.
Repairing your credit score after a bankruptcy is far from being not burdensome. “Filing bankruptcy is supposed to be a fresh start,” says Stephen Snyder, credit expert and author of “Credit after Bankruptcy.”
After a bankruptcy discharge, make sure your credit report is meticulous. After all, your goal is to enhance your credit score rapidly, and inaccurate information will only extend the time it takes to score high enough for conventional credit. You are entitled to one free credit report every 12 months from each of the three national credit bureaus. Credit bureaus generally have 30 to 45 days to investigate your claim.
One of the most productive ways to boost your credit score after bankruptcy is to procure a secured credit card, she says. Secured cards are credit cards secured by a deposit account (usually a savings account) owned by the cardholder.”Those cards were designed for people with bad credit to remain in very low-credit-limit situations for a long period of time at a high interest rate,” says Stephen Snyder, author of “Credit after Bankruptcy.”Having more than one type of credit line will help boost your credit score.
“The point is most people with great credit scores probably have two credit cards from well-known, well-respected banks, a house payment, maybe a boat payment, and they keep those balances below 15 percent [of available credit] every month.”About 10 percent of your credit score is calculated based on the types of credit you use (i.e., credit cards, mortgages, installment loans and retail accounts), according to MyFICO.com.
Another 10 percent is based on new credit accounts ” which can include credit lines established after your bankruptcy. Although the FHA program does not officially use credit scores to qualify a loan, individual lenders may. Some credit-repair and credit “doctor” companies make grandiose claims that they can clean the slate and repair your credit file, often for a substantial fee. Only time will cause those entries to drop off your credit reports.
Rapid Recovery Solution is a national collection agency.
Bankruptcy – Once The Unavoidable Has Happened
May 30, 2010 by Pants McAdams
Filed under Bankruptcy
Bankruptcy is something that should not be taken likely, but if you find yourself in this situation, there are several roads that can be taken. Initially, when thinking about going down the road of bankruptcy, you should re-think the decision to do so simply because this is something that will solve a problem for now. The action of declaring bankruptcy is very serious, and it can hinder you in future aspirations such as buying or renting a home, finding a job, or even having a bank account open. This should be viewed as simply a last resort, but if you find yourself having tried everything else, from credit counseling, to budgeting, and still decide to go forth with bankruptcy, you should know these things.
The first type of personal bankruptcy available is Chapter 13. If you have income coming in, and want to keep certain items that you currently own, or are still paying for, then this is the option for you. A payment plan of sorts is put into place on your behalf by the court in order to keep your valuables. This will slow down the amount that you are shelling out for that car or house, so that you are able to keep your feet under you in recuperating what you were unable to pay with the original agreement. Sometimes under this type of bankruptcy you pay all of your remaining debt, and other times you simply pay some of it. The decision of whether or not you are going to have to pay everything off over time is all in the hands of the court.
The other type of personal bankruptcy is Chapter 7. In the case of Chapter 7 bankruptcy, there is not a payment plan that can be put together with the court, they simply take your property and sell it to pay back the creditors that you owe money to. While doing this however, a process called, “discharging” essentially erases your debts with these creditors so that you don’t have to worry about them anymore. Now if you think going this route will be easier if you simply give your property to another person, and that way you get to in some way keep it, that is not the case.
If the courts see that you have transferred possession of an item before filing insolvency, they can simply undo that exchange, and sell the item off. Both these must be filed in a Fed insolvency court, and once this is done, you can kiss those collection calls goodbye. The action of filing immediately gives you protection to tell these annoying collectors that you have taken action, and they simply no longer have the inalienable right to continue their attempts by directly calling you.
The action of filing immediately gives you protection to tell these annoying collectors that you have taken action, and they simply do not have the right to resume their efforts from immediately calling you. No matter the route you finish up taking, this is simply a call you must think about scrupulously.
Fritz Glunderfraggen is an author with special knowledge about fresno DUI attorney He can also help with any legal issue.
Understanding Chapter 9 Bankruptcy
May 9, 2010 by Joseph Then
Filed under Bankruptcy
Bankruptcy is a formal proceeding that allows an individual or business to get their financial debts under control. Bankruptcy was developed to help debtors and creditors. It is not an easy out and should not be treated as a way to get out of paying for debts. Rather, bankruptcy is a helpful process that can allow you to get your debts back in order and turn your finances around.
There are many types of bankruptcies that can be filed but the type of bankruptcy you file on will have to depend on your situation. Basically, Chapter 9 bankruptcy is the type of bankruptcy that is reserved for municipalities.
The Basics
What does chapter 9 bankruptcy do? Well, it is to help municipalities who reach financial trouble. This happens because budgets are not controlled. So how does Chapter 9 bankruptcy help? It helps municipalities by giving them a way out so that they are not a loss.
This is a protection of the public as much as a protection for the creditors. If a municipality goes under the people living there are going to suffer as well. Chapter 9 seeks to keep everyone from disaster.
Is Chapter 9 Bankruptcy the One For You?
As we all know, if a municipality is in trouble, the town will be in trouble too. This kind of problem not only affects the people running the town but it will also affect the people living there. Therefore, one has to be responsible
By filing for Chapter 9, it allows a municipality to bounce back from its financial difficulties with minimal effect on the people. This is because the court allows debts to be paid in installments.
Therefore, by filing for Chapter 9, uncertain future and the possible collapse of a town can be avoided.
Reasons to File Bankruptcy
A municipality is expected to keep their budget under control. Sometimes, though, things may get too far out of control that the only way to get it back in order is to file bankruptcy.
Chapter 9 gives the municipality a chance to be responsible about the finances by repaying debts and get help from the court to protect the town. This way, not only the municipality benefit, the creditors and citizens will benefit too!
So, there you have it. All you need to know about Chapter 9 bankruptcy. But, there is one thing you should know; filing for bankruptcy should be the last resort.
Knowledge of other chapters of bankruptcy can help you or your friends if there is a need to. Read more about Chapter 9 Bankruptcy today
Understanding Chapter 7 of the Bankruptcy Code
April 8, 2010 by Eric Craig, Esq
Filed under Bankruptcy
Individual debtors seeking bankruptcy protection normally file under Chapter 7 of the Bankruptcy Code. Under this chapter of filing, the bankruptcy trustee sells nonexempt assets of the debtor. The proceeds of such sale are used to pay creditors in accordance with the regulations of the Bankruptcy Code. In addition, the Bankruptcy Code will allow the debtor to keep certain property, which is deemed exempt; but a trustee will liquidate the debtor’s remaining assets. Debtors seeking bankruptcy protection under Chapter 7 should realize that the filing of a petition may result in the loss of property. A distinguishing characteristic between a Chapter 7 bankruptcy filing and Chapter 13 is that there is no plan of repayment in a Chapter 7 case.
In order to qualify for relief under Chapter 7, the debtor may be an individual, a partnership, or a corporation or other business entity. A means test for individual debtors is employed determine the eligibility of the debtor, and if qualified, relief is available under this chapter without regards to the amount of the debtor’s debts or whether the debtor is solvent or insolvent. Under the test, if the debtor’s current monthly income is more than the state median, the Bankruptcy Code requires application of the test to determine whether the Chapter 7 filing is abusive. Abuse is presumed if the debtor’s aggregate current monthly income over 5 years, minus certain allowed expenses, is more than (i) $10,950, or (ii) 25% of the debtor’s nonpriority unsecured debt, as long as that amount is at least $6,575. The debtor may rebut such presumption only by demonstrating special circumstances that justify additional expenses or adjustments of current monthly income. Unless the debtor overcomes the presumption, the case will generally be converted to Chapter 13 with the debtor’s consent or will be dismissed.
No individual may be a debtor under Chapter 7 unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. If a debt management plan is developed during required credit counseling, it must be filed with the court.
One of the primary purposes of bankruptcy is to discharge certain debts to give a debtor the needed fresh start. The debtor in a successful Chapter 7 bankruptcy filing has no liability for discharged debts. Although an individual Chapter 7 case usually results in a discharge of debts, certain types of debts are not discharged. In addition, a bankruptcy discharge does not extinguish a lien on property. An experienced attorney will guide the debtor through which debts may or may not be discharged.
In order to file a Chapter 7 case, the debtor must file a petition with the bankruptcy court serving the area where the individual resides or where the business debtor is organized or has its principal place of business or principal assets. Further, the debtor must also file with the court (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; and (4) a schedule of executory contracts and unexpired leases. Debtors must also provide the bankruptcy trustee with a copy of the tax return for the most recent tax year as well as tax returns filed during the case including tax returns for prior years that had not been filed when the case began. Individual debtors must also file: a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Again, experienced counsel should guide debtors throughout the filing process in order to ensure efficiency and accuracy.
For a Chapter 7 bankruptcy, the filing fee with the bankruptcy court includes a $245 case filing fee, a $39 miscellaneous administrative fee, and a $15 trustee surcharge. If the debtor’s income is less than 150% of the poverty level (as defined in the Bankruptcy Code), and the debtor is unable to pay the Chapter 7 fees even in installments, the court may waive the requirement that the fees be paid.
Although a Chapter 7 bankruptcy filing may seem overwhelming, with proper professional guidance and counseling, the process can be manageable and drastically improve the stress and financial pressure on debtors choosing to file for Chapter 7 protection.
Looking to find the necessary information on Personal Bankruptcy, then visit www.craiglawpllc.com to find the best advice on Chapter 7 for you.

