Archive for the ‘Bankruptcy Articles’ Category

Should you be concerned about the cost of filing bankruptcy?

April 1st, 2017 Comments off

Are you worried about how to pay for bankruptcy in order to get out of debt? Well, first of all you need to make sure that you have chosen bankruptcy after careful consideration and not simply out of panic. Talk things over with your family and a bankruptcy lawyer before you make the final decision. Still, once you have done that, you are left with the matter of having to pay for all of this.

Well, the cost of bankruptcy depends on which kind you will be filing. You’re probably planning to file chapter seven bankruptcy, which is the kind that tries to eliminate your debt entirely. Chapter seven cost $274 at the time of this writing. The price for chapter 13 bankruptcy, which creates a payment plan for your debt, is currently $189.

At first glance, this doesn’t seem like a very large amount to pay in order to get a fresh start financially. Of course, if you’re looking to declare personal bankruptcy, then any expense is going to be significant for you. Still, the above fees are not outrageous considering what you’re getting in return, which is a second chance in your financial life.

When it comes to paying for your bankruptcy proceedings, the problem may not lie so much with the court fees. After all, the main fees you’ll have to worry about are your lawyer fees.

As we all know, legal fees can be expensive, and the recent changes in the bankruptcy code have made things more complex. This may mean more work for your attorneys, which can translate into a higher cost for you.

This may be discouraging for you, and you may think that you will not be able to pay for the bankruptcy process. At this point you might be wondering how to get out of credit card debt (or other kinds of debt for that matter) through some other means. However, if you and your lawyer have decided the bankruptcy is the best option for you, you shouldn’t despair over the cost.

The good news is that once you file for bankruptcy, the bill collectors have to stop contacting you (at least until your case is over). This is the law.

Moreover, if your case is successful, then you know what that means. You don’t have to worry about your previous debts at all if your chapter seven bankruptcy case is successful. Even if you file chapter 13, you’ll still get some relief by using a payment plan. Either way, bankruptcy should make your financial burden lighter and make it easier to cover the cost of an attorney.

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Which Type Of Bankruptcy Is Best For You?

March 1st, 2017 Comments off

In the US there are essentially two ways to go through a personal bankruptcy. These two proceedings are known as Chapter 7 and Chapter 13 Bankruptcy and they are significantly different from each other.

Effective October 2005, Congress made sweeping changes to the bankruptcy laws that gave consumers more incentive to seek bankruptcy relief under Chapter 13 rather than Chapter 7. Chapter 13 allows people with a steady income to keep property, like a mortgaged house or a car, that they might otherwise lose through the Chapter 7 bankruptcy process. Basically in Chapter 13, the court can approve a payment plan that can run up to five years. This process lets you pay off today’s debts with future earnings. Obviously you have to have a steady source of income to qualify for this filing.

Chapter 7 is known as straight bankruptcy, and involves liquidation of all assets that are not exempt. Exempt property may include automobiles, work-related tools, and basic household furnishings. Other property could be sold by a court appointed trustee or given directly to a creditor as payment of your debt. There is also a limitation of how much you can earn during this process. It is not designed for you to profit by not having to pay your debts.

Another difference between the two is the amount of time that must pass before you can refile. With Chapter 7 the waiting period is 8 years. With 13 it is two years.

Both Chapter 7 and Chapter 13 can eliminate unsecured debt, stop foreclosure proceedings, and halt collection processes. The differences lies in the way that those debts are discharged. Some debts such as alimony, child support, student loans and some taxes are exempt from the bankruptcy proceedings and cannot be eliminated.

Unless you have an acceptable plan to satisfy your debt under Chapter 13, the court usually will not allow you to keep property when the creditor has security lien on it. This could include your home as well as well as boats, vacation homes, recreational vehicles etc.

Bankruptcy is no longer the slam dunk procedure that it was. The new law now requires that persons wanting to file either Chapter 7 or 13 attend an approved credit counseling course sometime within the six months before filing. This is another effort to solve the credit crisis without further clogging up the courts with another bankruptcy. In addition, there is now a “means test” for persons wanting to go the liquidation route. If the court believes that you make too much income to just walk away from the debt via liquidation, they will only allow you to file Chapter 13 which is the pay back plan.

There are other strategies to settle your debt without going through bankruptcy. It all depends on your personal situation and what best makes sense for you and your family. Any decision to file for bankruptcy should not be made without consulting a qualified bankruptcy attorney.

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Some Assets Are Protected When Filing an Arizona Bankruptcy

January 28th, 2017 Comments off

Even if you are faced with a bankruptcy, it may be comforting to know that some of your assets may be protected by bankruptcy “exemption” laws. If some of your assets fall into these exempted categories, then you as the debtor will be allowed to keep these assets after filing for bankruptcy. The asset, however, can only be protected if the court determines that the asset is within the allowable values as per state regulation. Some states follow the federal government’s list of bankruptcy exemptions. Arizona is a state that has its own exemptions, and the list of exemptions and maximum value limits is much friendlier to debtors in Arizona that in states that follow federal guidelines. Arizona allows more assets with a greater allowable value than many other states.

The homestead exemption protects the home of a single or married debtor as long as he resides in the home as his primary residence. The home can have up to $150,000 in equity and still be protected in a bankruptcy. As with all exemptions, any equity over that amount is not protected. A debtor might be required to pay the amount of excess equity to the bankruptcy court in order to prevent the bankruptcy from being dismissed. A bankruptcy trustee might also choose to force the sale of the home, giving the bankruptcy filer the $150,000 to which he is entitled, and the rest of the proceeds will be distributed to the creditors by the court. Only one homestead exemption may be used in a bankruptcy.

The vehicle exemption allows a bankruptcy filer to keep his vehicle as long as it has less than $5,000 in equity. A married couple who files for bankruptcy protection can use two, $5,000 exemptions toward two vehicles. Any vehicle equity over those amounts will be treated as it would with the homestead exemption.

The personal property exemption includes household furniture, furnishings, and appliances. A single debtor can protect up to $4,000 in used value of these assets and a married couple can protect $8,000 in used value. A detailed list of these assets must be provided to the court by the debtor.

Other, miscellaneous assets are protected up to specific values set by the bankruptcy laws. Tools and equipment used in commercial activity are protected. Wedding jewelry, clothing, weapons, hobby equipment, books, musical instruments, and certain life insurance proceeds, all have their own value limits set by the bankruptcy code.

Several types of retirement assets also are protected by bankruptcy laws. These include qualified retirement assets, such as IRA, 401k, state retirement funds and so on. These are protected with no limit on their value.

If an asset does not have a present, vested value at the time of filing, then typically it is protected under the bankruptcy code. Such assets include annuities that are not yet vested, future interest in a business as established by the corporate bylaws, and employee stock purchase plans that are not yet vested.

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New Rule Makes Now The Time To Settle Old Credit Card Debt Banks

December 22nd, 2016 Comments off

Defaults on credit card debt continues to soar and it is about to get worse for the banks issuing the cards. A proposed change in a Federal Accounting Standard could jack up the default rate by a third requiring banks to increase their reserves which in turn would decrease the capital available to lend.

So what does that mean for the consumer?

If you are seriously behind on your credit card bill and you see no way to pay it on a timely basis, now is the time to negotiate a discounted cash settlement. You may be able to save thirty to forty percent of what you owe. It’s a good idea to use a non-profit credit counseling service to walk you through the process and develop a plan to pay for the settlement.

It is a common practice of banks to bundle credit card loans into an investment vehicle and then sell them on the market. When they do this, they don’t have to show those loans on their balance sheet as they are “off the books” deals. The change in the accounting standard will stop this practice and those loans will have to be shown on the bank’s books.

Bank regulations require that a cash reserve be kept to cover bad debt on loans. However, since the off the books investment packages are not included on the bank’s balance sheet, there is no requirement to keep a cash reserve for them.

Bringing these loans back on the books is going to have a significant impact on the amount of cash a bank needs to cover the reserve. To give you an idea of the magnitude of this rule change, American Express says it will have to add $28 billion in loan liabilities while Citigroup says it will have to add over $98 billion! Didn’t we just bail these guys out?

Adding those kinds of numbers to their outstanding loans will mean that the cash reserves will have to be increased by billions of dollars. Consequently, banks are open to consumers negotiating a lump sum settlement. If a bank can get $700 on a $1000 balance, that’s $700 that they don’t have to hold a reserve on and that makes them motivated. Motivated to the point that some banks are actually calling the card holder first and they are calling themselves rather than hiring collection agencies.

There really is no downside for the consumer. By being late on the payments, the consumer’s credit rating is already damaged. If the cash can be put together the consumer can get a significant discount on their debt. However, the time to act is now. Late fees and a default interest rate of 30% are still being applied so why wait.

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AOL sends ads to iPhone users by upgrade of online ads platform

December 19th, 2016 Comments off

According to reports of foreign media, the U.S. AOL announced that the one-stop advertising platform-A was upgraded on Wednesday. When the iPhone mobile phone users use Internet, the product vendor can send ads to iPhone users by platforms-A.

America Online said that when iPhone users access the AOL Web site or any partners’ website, the company will send a banner with special format or vendor’s website to the iPhone users.

AOL says that this advertising technology platform will be sold to external by the mobile advertising sector of Platform-A, Third Screen Media. America Online said that after the upgrade of the platform-A the company will send 75 million pieces of advertising information to iPhone(iphone leather cases) users each month.

Currently, America Online has become a first-class provider of intelligent mobile advertising system with Platform-A. According to statistics from a market research firm, ComScore, in June this year, Platform-A(iphone hard cases) in ad network of the United States covered 90% of U.S. Internet users, which has attracted about 190 million unique visitors. Yahoo ranked second, which covered 83% of U.S. Internet users; Google ranked third, covering 81% of U.S. Internet users; Specific Media ranked fourth, and the coverage was 78%.

America Online will expand platform in Europe in June this year, and it hoped to seize more market share in the global display advertising market. America Online said that the company’s platform-A will enter the rest of the world market by the end of 2009. Currently, the U.S. is working to integrate a range of online advertising asset and prospect to provide more comprehensive services to advertising customers. From: best iphone case

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