Hiring a Bankruptcy Lawyer Can Help Overwhelming Situations

Sometimes circumstances in a person’s life go awry unexpectedly and a bankruptcy lawyer may need to be called in. Most people are surprised to find themselves in this unfortunate situation. There are many catastrophic occurrences which can spiral a responsible person into deep red ink. When debts pile up, the accumulation of interest can make even the minimum payment not enough. Bill collectors may start to call and the person may feel under an overwhelming burden. Examples of situations which may have caused a person or family to spiral into red ink include:

- Job loss: Unemployment can create a dire financial situation for nearly every individual who loses their job. Layoffs and downsizing of companies have been occurring which entails job losses for many unsuspecting employees. Most individuals are just one paycheck away from losing their house or apartment.

- Mortgage trouble: Many homeowners ended up in houses that they couldn’t really afford. For several years, hybrid loans were being approved without a thorough check by lenders into buyers’ income and ability to pay. Buyers may have planned to just sell at a profit but much to their surprise, home values dropped substantially, leaving them holding the bag of a mortgage payment they simply couldn’t afford. Foreclosures have skyrocketed in recent years.

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- Medical bills: Many individuals have no medical insurance to cover illnesses, accidents or catastrophic health problems. Hospital and doctor fees are unbelievably high. Even a relatively simple surgery can land a worker struggling to pay regular household bills in deep trouble. Tens of thousands of dollars can be charged for a hospital bill for something as simple as an appendectomy.

- Divorce: When a couple decides to end their marriage, both husbands and wives often nosedive financially. Supporting one residence on one or two paychecks may have been possible, but each spouse supporting an entire household on one income can spell overdraft. Not only rent or house payments, but utility bills, car payments, phone bills and more. Two people can definitely live together more cheaply in a single house than two individuals supporting two homes.

- Permanent debt: Credit cards have become a way of luring people until they are held captive by the convenient plastic. Buying items may seem easy until all those monthly payments are added up. Because the interest on these cards is accumulating every month, minimum payments mean that the balance never goes down. If a payment is late or missed, the credit card companies can increase the interest rate to 25% of more. This is a hefty price tag to pay for convenience.

- Cost of living rising: The cost of food and utilities is rising while incomes have either dropped or remained stagnant. This means less cash to go around each month and a potential for getting behind in bills. Even gasoline prices have been climbing steadily.

Staying up all night worrying about paying the bills is terrible for health. It can cause families to drift apart and marriages to break up. Contacting a bankruptcy lawyer to find a way to start over may be the smartest thing to do for all concerned.

 

Bankruptcy Fraud Varieties

If you are considering going bankrupt, you should make sure you really need this option. Otherwise, you might be investigated for bankruptcy fraud, which usually results in punishments that include fines and jail time. Consider the most common types of bankruptcy fraud so that you have an idea of the actions to avoid during this process.

You should know that authorities might investigate you if you file just after making a few large purchases. For example, if you decide to buy a house, a car, or a big-screen television, and then decide that you are bankrupt a few months later, you will likely not be allowed to keep these items. The same goes for loans and credit card cash advances. This is because some people do this purposely, knowing that they will never have to pay back these items once they start the bankruptcy process. If you have recently purchased large items without knowing that you were going to run out of money, you can expect to be investigated, so be prepared to prove the legitimacy of your claim.

Another common type of fraud is when people try to get rid of certain assets just before filing, with the intention of buying them back afterward. For example, some people may assume that they will not be able to keep their house after the process is over, so rather than lose it to just anyone, they might sell it to family members. They then plan to buy it back once their lawyer says it is okay. While this might sound like a good idea, it is frowned upon by the court, and may lead to punishment or the requirement of paying back creditors that had previously written off your account as a loss. The same goes for smaller assets, such as cars, jewelry, and cash.

Finally, you should know that you are only allowed to declare bankruptcy a limited number of times in your life. However, some people try to get around this rule by filing in various states, either under their own name or someone else’s. This allows them to continually purchase large items and take out loans, and then never pay them back. Thus, such people may live quite an extravagant, carefree lifestyle, until they get caught, of course. Avoid the punishment associated with this type of illegal action by only filing once, and only using your correct information.

These are just the main kinds of fraud that people may attempt to commit. You might not have ever thought of doing these actions, but certain behavior may lead to you being investigated anyway. Knowing these common scams can help you be aware of what not to do if you want to avoid being targeted by authorities, as sometimes-innocent people are accused of these deceptions despite not knowing that they are wrong. For example, you might not think that hiding or temporarily selling assets is illegal, and you may coincidentally have bought a car a few months before going broke. Fortunately, as long as you know to arm yourself with proof of your innocence, you should be able to avoid penalties.

How Bankruptcy Can Help

Keeping your head above water in these uncertain financial times can be tough. Many people are falling behind on bills through no fault of their own. Between falling house values and layoffs, you’re not alone if you have been forced into making financial decisions you swore you’d never make, like charging groceries on a credit card or using a cash advance service.

Perhaps another financial decision you swore you’d never make is to file bankruptcy. Filing, however, may be just what you need to get your head back above water and to help you move forward in a better financial position. While there are certainly lots of factors to consider before deciding to pursue this course of action, don’t decide it’s not for you before really weighing the pros and cons. 

For nearly all people, the pros will definitely outweigh the cons. Bankruptcy can give you a chance to start fresh. It can give you the kick start you need to make other positive changes in your life. It can teach you how to use credit wisely and how to save more effectively. It can help you to take care of your family and provide for their future. 

Bankruptcy doesn’t have to be a shameful secret. It can be the answer for which you’ve been searching. It really can help you!

Chapter 13 Bankruptcy Mortgage Mediation Seems To Be Working Well

Mortgage mediation in Chapter 13 bankruptcy is turning out to be more effective than mediation ordered in state court foreclosure cases. This, according to a report presented at a local attorneys’ meeting. Mortgage lenders express greater willingness to modify first mortgages of debtors in Chapter 13 bankruptcy compared to other debtors already facing foreclosure in state court.

The explanations given are common sense. A Chapter 13 bankruptcy debtor eliminates or reduces other debts through bankruptcy which makes it easier to pay the first mortgage and therefore, more likely the modification will succeed. A Chapter 13 permits the debtor to pay only part of his unsecured debts and only part of a second mortgage payment, if any. The debtor pays his other creditors only what he can afford to pay based on current income and expenses. The reduction of all other debts permits the debtor to concentrate on paying his modified first mortgage.

Another explanation for Chapter 13 mortgage modification success is that the foreclosure law firms have only a few attorneys concentrating on bankruptcy mediation because bankruptcy rules make the mortgage mediation procedure more complicated than the standard state court mediation. With few attorneys involved, the mortgage lender’s process and response is relatively consistent and predictable.

Whatever the reason, mortgage mediation program started in Orlando, Florida, bankruptcy court seems to be working.

Easy Steps That Let You Improve Your Credit Score

Your credit score is one of the more important figures you have. It will be somewhere from a high of 850 to a low of 300. The higher your credit score, the simpler it will be to receive additional credit as well as the lower your interest rate will be.

If you need to purchase a new car, for instance, you may need to finance it. That means you’ll be applying for additional credit.

Your credit score will determine how easy it will be to obtain credit and the interest rate of your car loan.

What does this mean? It’s vital that you improve your credit score before you apply for a new loan. But, the real question is: What must you do to raise your credit score?

Therefore, begin today to raise your credit score before you’ll need that loan.

Allow me to share several effective methods to do that that were created by the Fair Issac Corporation.

- Pay no less than the minimum payment on every bill and pay it on time. The primary factor determining your credit score is your payment history. So, be sure to pay your credit card bills, department store bills, tax bills, utility bills,, your mortgage and any other bills on or before the due date. Late payments or payments for less than the minimum will cause your creditors to inform the credit reporting agencies. These notations will lower your credit score.

- Do not charge to the limit of your credit cards. The amount you owe is compared with the total amount of credit you have available. People who are virtually maxed out on their credit cards will normally have a harder time making payments. Home equity lines of credit as well as mortgages are also measured in the debt to credit ratio. People whose credit is just about maxed out often have problems taking on additional credit, so their credit score will be lower.

- Keep credit accounts open and active. Since the length of time you’ve used credit accounts is important, keeping those accounts open helps to raise your credit score. Try to use each line of credit from time to time to show that they are still active. A consistent use of credit over a long time period can help improve your credit score.

- Do not establish new accounts too often. This can cause you to look desperate for credit and brand you as a poor risk. Open a new line of credit only when you require it.

- Keep a variety of credit accounts open. Revolving credit like credit cards and installment credit like a mortgage help show creditors that you are able to responsibly manage various sources of credit. But, open a new line of credit only if you really intend to use it.

Your credit report includes your credit history, both good and bad. Credit repair involves removing adverse items that are in error or can’t be substantiated. Getting rid of negative items is a significant effort in credit repair. This is something you can perform yourself or you can enlist the assistance of a credit repair agency.

Follow these strategies and you are going to be able to raise your credit score, get credit more effortlessly and be eligible for low interest rates.

Learn more about do it yourself credit repair and start boosting your credit score. You are going to be able to establish new credit accounts with little effort and qualify for reduced interest rates.

Credit card debt: Applying CARD Act principles to personal debt

The newly formed government agency, U.S. Consumer Finance Protection Bureau, reports that the Credit Card Accountability, Responsibility, and Disclosure (CARD)Act has caused the U.S. credit card industry to revise policies while reducing and eliminating some penalty fees. Highlights of the report include:

  • Over-limit fees have all but disappeared.
  • Prior to the CARD Act, 15 percent of credit card issuers reset credit card interest rates annually, but now approximately 2 percent of issuers are resetting interest rates each year.
  • Assessed late payment fees fell to $427 million in December 2010. This represents a decrease of more than half of the January 2010 amount of $901 million.
  • Since the inception of the CARD Act, credit card late fees have fallen from an average of $35.00 to $23.00.

These developments are a step in the right direction toward helping consumers with debt management. Here are some tips for applying CARD Act principles to your own credit card debt.

CARD Act: Gaining personal control over credit card debt

Credit cards: Evaluate your credit card accounts and usage. Reduce the finance charges you’re paying by using a debt consolidation loan or transferring high cost balances to lower cost accounts.

Accountability: Understanding how and why you got into debt can help you find debt solutions appropriate to your situation. Taking responsibility for your debt doesn’t require being your own loudest critic, but it does require being honest with yourself and seeking debt help if needed.

Responsibility: Taking control of your finances by establishing a cash-based budget and an affordable debt management plan is essential to gaining freedom from debt. While acknowledging past mistakes, focus on your new budget and debt management plan for eliminating credit card debt.

Disclosure: No, you don’t have to tell your neighbors that you’re awash in a sea of debt, but “disclosing” to yourself how much you owe, what it costs and understanding how credit card debt compromises financial security is an important step in the process of managing, reducing, and eliminating debt.

High finance charges and penalty fees can rapidly cause credit card debt to expand out of control. If you need debt help, consider talking with a financial advisor or consumer credit counseling service. Debt consolidation and credit counseling services can help you develop a budget, and may negotiate affordable payment terms with credit card companies. Avoid scams by checking out debt help services with the Better Business Bureau or other consumer advocacy service. Reputable debt help organizations typically offer free consultations and do not expect any payment until they have implemented a debt management plan for you, and you have agreed to all the terms of the plan.