Is Chapter 13 Or Chapter 7 The Best Bankruptcy Option?

Chap 13 gives men and women a number of advantages over liquidation under Chap 7. Perhaps most notably, bankruptcy filed under chapter 13 presents consumers a chance to preserve their homes from foreclosure. By filing under this chapter, men and women can avoid foreclosure proceedings and may fix delinquent mortgage payments over time.

However, they must still make all mortgage payments that come due during the chapter 13 plan on time. An additional plus of bankruptcy filed under chapter 13 is that it allows consumers to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 bankruptcy plan. Doing this may lower the payments.

CH 13 also has a unique provision that safeguards third parties who are liable to the debtor on “consumer debts.” This provision may shield co-signers. Last but not least, chapter 13 bankruptcy acts like a consolidation loan under which the individual makes the plan payments to a ch 13 trustee who then directs payments to creditors. People will have no one on one contact with creditors while under chap 13 protection.

Almost any person, even if self-employed or operating an unincorporated business, is a candidate for chap 13 help as long as the person’s unsecured debts are less than $360,475 and secured debts are less than $1,081,400. These amounts are modified regularly to reflect changes in the consumer price index. A corporation or partnership may not be a chap 13 debtor.

A person is not able to file under chapter 13 or any other chapter if, during the previous 180 days, a previous bankruptcy petition was dismissed due to the debtor’s willful failure to appear before the court or conform with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover assets upon which they hold liens. Moreover, no individual can be a debtor under bankruptcy filed under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an authorized credit counseling agency either in an individual or group briefing. There are exceptions in emergency conditions or where the U.S. trustee (or bankruptcy administrator) has established that there are insufficient approved agencies to offer the required counseling. If a debt management plan is produced while in necessary credit counseling, it has to be filed with the court.

An experienced MA debt lawyer can provide you with which options are right for you.

What Can Credit Card Companies Do If I Stop Paying My Credit Card Debt?

As a bankruptcy lawyer, one of the first things I advise my clients to do when they decide they are filing bankruptcy and hire me is to stop paying on their credit cards. Recently, though, before I could offer that advice, a client asked me: “What happens when I stop paying my credit cards?”

Once you stop making credit card payments, the collection process will start. Collections normally progress as follows:

1. The original creditor will call you, your family, your place of employment, non-stop for about 60-90 days trying to get you to pay something over the phone and making all kinds of threats about how they are going to ruin you financially unless you pay them.

2. In about 90 days, your original creditor will give up and sell your account to a debt collector. This third party agency will then repeat the actions above.

3. After about 180 days since you stopped paying, you may get a call from an attorney trying to collect on the debt who will repeat the actions listed in 1 and 2 above.

4. At this point, the attorney might file a lawsuit, seeking a judgment against you. A judgment would permit the creditor to collect from you through a wage garnishment. Your wages cannot be garnished without a judgment.

So, by my estimation, it has been at least 6 months since the last payment was made. Takes a bit of time for a judgment to be obtained. Then, how come, when a client hires me as their bankruptcy lawyer, do I tell them they should stop making their credit card payments?

Because the idea is for my client to be filing bankruptcy sometime well before the judgment is entered. Garnishment is taken out of the equation. This way, my client uses the payments they would have made to an abusive debt collector, for a credit card debt, to catch up on a car payment or a house payment they want to keep through filing bankruptcy, or to start building that safety net their Orlando bankruptcy lawyer advocates creating as part of your fresh start strategy when filing bankruptcy.

As for those rude and abusive debt collectors, why not sue them? You see, here in Florida, we have some of the toughest laws in the country to protect consumers. These laws are intended to protect you from the abuse described above, which debt collectors use on a regular basis to coerce you into paying your debt. Aside from the Florida laws, there is also a Federal Law which prohibits third party debt collectors from those same abusive acts. To enforce your rights, you can sue your creditors.

The debt collection process can be an intimidating experience, or an empowering one. If you know how it works and you know your rights, the empty threats the debt collectors hurl at you in a typical phone call from them will seem laughable, and more often than not, actionable.

To learn more about how an experienced bankruptcy lawyer can guide you through the collection process and assist you in getting a fresh start financially, try my Free eCourse.

Pay Credit Card Debt Off The Right Way

In today’s world, credit cards are the norm. Unfortunately, many people lose control and are unable to make their payments, ending up with a large amount of debt. If you find that you are in this situation, you probably feel as though you will never get them paid. The right way to pay credit card debt off is to make a list and prioritize each debt.

To pay credit card debt off, you want to put each credit card you owe on the list, along with the amount you owe, and the interest rate you are being charged. The ones with the highest interest rates should always be paid off first, as it will save you more money in the end. While you may be tempted to begin with smaller amounts first, that might cause more interest to be accumulated against you.

Secondly, an most important thing you can do when trying to get your finances under control is to get in touch with every single creditor. Those who do not communicate with their debtors are the ones who have the most difficult time paying them off. What you may not realize is that by contacting each debtor and taking the first step, you may find they can offer you a deal, perhaps settling for a much smaller amount to consider the debt paid in full.

Several people find they are often in the dilemma of paying off the credit cards or providing their family with their needs. What you must do in this circumstance is to cut back on as many things as possible. Get started using coupons when grocery shopping. Cut your cable television down by getting the basic channels only. These may not be the things you want to do, but, sometimes, it is the only way.

Take the time to pay credit card debt off the correct way instead of worrying about it. Disregarding your financial difficulties are not going to make them go away. In fact, ignore them too long and it could make your situation a lot worse.

Pay Off Your Credit Card Debt Now Live Life Without Debt At PayCreditCardDebtOff.org

Consider These Ideas On How To Consolidate Debt

When faced with overwhelming financial problems, one solution that many folks turn to to try and get themselves out of the mess they are in, is to consolidate their debt. Just releasing the crushing pressure of tons of financial woes can have a very cathartic effect, and for those able to do it, getting rid of the debt and pressure is a very healthy move.

The first suggestion that comes to mind when thinking of how to consolidate your debt, is to apply for a loan: either personal or a home equity loan, provided you do have equity in your home. Home equity loans usually have a low interest rate and you can deduct the interest you’ve paid on them from your taxes. They usually carry a fixed rate over a 15 year term and you, as the borrower, would have to pay the cost of the appraisal, the origination fee, and the title insurance cost. A personal loan would also be a possible route where the loan is issued on your signature, and a credit union could help out here, if you belong to one.

Think about cash-out refinancing as a possibility for taking your finances by the horns and refinance your home (if you have equity in it) as a means to consolidate the debt that you have. Refinance for more than what you owe debt-wise, and the difference will take care of the debt and pay it off. Terms are usually 15-30 year contracts, and interest rates may be low, but dollars add up over the years as time goes by, and the total amount you end up paying can be substantial. Another way to pursue getting some bucks to alleviate your debt, is to borrow against your car loan, if you have one. The car loan is a secured loan, and could be the means to help you when you need it most.

Many people are afraid to contact the credit card companies themselves and prefer to have a third party do it for them, but if you can just think of the person on the other end of the phone line as putting their pants on one leg at a time like you do, and they are just doing a job, like you are; then you will have no trouble talking to them about renegotiating your credit card terms and coming to a mutual agreement. Most of them have the authority to alter your terms right then and there on the phone and you can get it done in no time without having to bother with another party intervening.

Trying to fix your credit troubles and make them go away can be a giant headache and tachycardia producing time for a lot of folks; so people sometimes tend to look for the quickest way out of the whole mess and be done with it. Be careful. There are pitfalls and stumbling blocks all over the place when it comes to the pain of trying to consolidate debt, and one of the biggest of these is the hard money loan. Your credit is toast, the consolidator knows it, knows you are desperate, so offers you an”easy does it” loan that will solve your troubles on the spot. Trouble is, these hard money loans come at a dear price with sky high rates; rates that are much higher than what you are currently paying on the credit cards; and over time, the loan will cost you a bucket of money. Watch out for the consolidator who pats you on the back and tells you all will be well, and he will take care of everything; you just pay your one EZ payment and he’ll do the rest. You are leaving everything up to the discretion of the consolidator, and if they miss a payment to the creditors, or are late; your already lousy credit takes another hit.

If you want to involve a third party to speak for you with creditors and arrange a payment plan that can work well for you in trying to consolidate your debt, the turn to an agency like the National Foundation for Credit Counseling (NFCC). They are a nonprofit organization that deals with giving debt management advice and provides credit counseling on a free basis for the community. You can do a walk in interview, or do it over the phone if that’s easier for you; and they will deal with your creditors for you and set up a debt repayment plan that will accommodate the needs of both you and your creditors. Their services are paid for by the creditors, so the NFCC is most interested in reaching an agreement between the separate parties and getting a repayment plan set up. They will also help you lay out a budget for the future months, so you won’t have to go through this a second time.

How pleasant life could be if we all had all our bills paid off and no debt weighing down our shoulders. There are folks that live life like that, and you can too when you take the initiative to just start getting your debt under control by working out a plan of attack to consolidate that debt. It will be a struggle at first, but the rewards are worth it and a life without crushing debt can be very fulfilling.

Imus Jackson writes articles and publishes information about how to Get Out Of Debt Fast.

Understanding Second Chance Banking

With the economic downturn raging, plenty of individuals have found themselves in either short-term or long-term monetary trouble. Unfortunately, these troubles can haunt you across many aspects of your life. Too many individuals do not realize that there are ways to navigate around these financial problems. Be it bad checks, credit debt, or lack of health care, there are resources that will get around, or at least alleviate whatever is stopping you from achieving a better financial outlook. This article will focus on second chance banking.

Writing bad checks will land you on the ChexSystems and/or TeleChex database. Being in either one of these systems will make it exceptionally challenging to get a checking or savings bank account from the majority financial institutions. These systems are used by banks to determine whether a possible customer is too much of a chance. If a person has a previous checking account that was closed with a negative balance, or has unsettled debt, their name will be reported to ChexSystems or TeleChex. Most banks will not proffer checking or savings account to individuals whose names are on one of these lists. Any one that has ever tried to navigate contemporary society without a credit card or checking account can attest to the inconvenience in performing even everyday financial tasks, such as cashing a payroll check.

Getting a checking and saving account is necessary if you would like to budget and save your money. Keeping it in the proverbial mattress is a guaranteed recipe for check-to-check living. Nonetheless, there are now viable banking options for those people that have found themselves unable to get a bank account from one of the traditional banking institutions.

There are banks that either do not use ChexSystems and the like, or make allowances for people that have been reported. Some only initially provide savings accounts, while others give all of the traditional services you would expect. These banks do vary by state and the services they offer. Most provide checking accounts, savings accounts, direct deposit, paper checks, and a debit card.

Internet only banks are analogous to branch banks except that nearly all have no nearby physical location. While they do have account and routing numbers and provide the same services as traditional banks, you will do all of your banking online. Although some may balk at this notion, as long as the bank has a physical address and is FDIC insured, then your money is safe. Many online banks ignore the traditional banking fees since the way they operate accounts for a small overhead. Yet, many do require you to maintain small monthly balances.

Pre-paid debit cards, once funded, provide you with a debit card that either has a specified limit, or only allows you to spend as much money as you have added to the card. You are able to use these cards as debit and credit cards, which will allow you to make purchases over the Internet or anywhere debit cards are accepted. A lot of pre-paid care services also offer direct deposit and bill pay services.

Lianne Gaines has been writing about financial problems for many years. Be sure to obtain more of her recession survival hints that will help you achieve a stable and prosperous future.

Five Things You Need to Know About Debt Collectors Rights

If you owe money to creditors, you may already be aware of your rights under the Fair Debt Collection Practices Act. Under the Fair Debt Collection Practices Act, also known as the FDCPA, you have the right to demand certain ethical debt collection practices from debt collectors.

The FDCPA specifies exactly when debt collectors can contact you, how they can do it, and what they can tell you in order to collect on a debt. One example is that a bill collector can’t tell you a lie or misrepresent the truth about your debt. The FDCPA was created after a long string of debt collectors abusing people to collect on debt. What you probably don’t know about the FDCPA, however, is that even bill collectors have rights.

The first is that they have the right to communicate with you to let you know that you owe a debt. They can communicate with you via telephone or by letter. In this phone call or letter, they can tell you exactly how much you owe, including any fees or penalties.

Next, they have the right to keep contacting you unless you tell them in writing that you don’t owe the money that they claim you do, that you don’t owe them as much as they say you do, or that you’re demanding that they give you proof that you owe the debt. They are, however, limited by the FDCPA in how and when they can communicate with you, but as long as they stay with the rules under the FDCPA, they’re allowed to continue to contact you unless you tell them to stop.

Thirdly, if the original creditor and the debt collector are one and the same, or the debt collector is an in-house agency affiliated with the original creditor, they’re allowed to keep contacting you even if you ask them to stop. The reason for this is that the FDCPA doesn’t see creditors as being the same as debt collectors, so they don’t have to operate under the same rules as debt collectors do. Of course, they still have to obey the guidelines of decent behavior as outlined by the FDCPA, including not annoying people that you know, or calling you during all hours of the night.

Fourth, a debt collector has the right to contact others about your debt. They can only do this once, though, and they can only do it to find out your address, your telephone number, or the place where you work. They are, however, prohibited from contacting any third party multiple times, because that would be harassment.

Lastly, a debt collector can sue you in court in order to collect on a debt that you owe them. Of course, you still have the right to defend yourself in any legal proceedings, but if the judgment goes against you, the judge may garnish your wages.

When dealing with debt collectors, make sure that you know your rights under the law. But also make sure that you know the rights that the law gives to debt collectors. This knowledge can help you to better deal with them when and if they become a problem.

Sean Payne is crazy about personal finance and getting out of debt. After paying off his own debt, he devoted years to finding the quickest way to get out of debt, and keeping your cool while dealing with debt collectors. To learn more about debt collectors’ rights, and what you can do to preserve your peace and quiet, check out his excellent debt reduction course.