Tag: Bankruptcy Filing

Keeping The Lawyers Busy

Dayton bankruptcy lawyers are advising that they are quite busy, especially compared to last year. While the economy is supposed to be improving in certain areas, Dayton bankruptcy lawyers are reporting that their client list is growing.

Many Dayton citizens have been to their local Dayton bankruptcy lawyers, and there are sure to be many more to follow.

Dayton has been one of the most economically hard hit regions of the country, and despite claims that the economy seems to be getting better, the case loads continue to grow. So more lawyers are engaged.

How to find one of those lawyers?

Simple. Ask around. Chances are your friends or relatives have had to hire one to help them with their finances. Most are not going to brag about having to reorganize their finances, however.

If your friends and relatives have been luck and smart, then there is the internet.

Most lawyers have a web site, and if they don’t many are listed on the local bar association web site.

If the internet seems too impersonal or not believable, there are community organizations that have contact with lawyers, as well as churches.

Before dialing for lawyers, make a plan. That way you can ask the lawyer specifics about your situation and where you would like to be in several years.

Your lawyer will advise you on whether you need to file either a Chapter 7 or Chapter 13 consumer bankruptcy filing. Or the advice may be to be more conservative with your spending, save more, and work with your creditors one on one to try to reduce the debt or come to a settlement.

Reorganizing your finances is probably not what you thought you would be doing at this time, but working through your problems now, and with a good lawyer, will help you have economic peace of mind in the future.


Which is Worse – Foreclosure Or Bankruptcy? The Pros and Cons



You see, making a decision about which path to pursue depends on your evaluation of your individual situation.

Bankruptcy:

Pros:

o Chapter 7 Eliminates Debt and allows you to keep any equity in your home. If your problem is primarily consumer debt, this may be the best option for you – if you qualify.

o Chapter 13 restructures debt allowing you to pay off the amount in a way that makes sense for your family.

o Filing for bankruptcy stops the foreclosure action on your home.

o If you lose the home during bankruptcy, you will be able to qualify for a new mortgage in as little as two years as long as you keep your credit clean after discharge.

o Many people find that their credit scores actually rise slightly after bankruptcy because there is new money available for purchases.

Cons:

o Many people who file for Chapter 13 fall out of bankruptcy and lose the court protection provided. This means that they often not only have the bankruptcy on their record, they also face foreclosure proceedings once again.

o If you abuse the system – doing a “face filing” bankruptcy for the sole purpose of delaying the foreclosure, you may face fines from the court.

o Bankruptcy stays on your credit report for ten full years – longer than just about any other negative credit mark.

Foreclosure:

Pros:

o Stays on your record for just 7 years

o Won’t risk falling out of foreclosure and having both a bankruptcy and foreclosure on your record

Cons:

o You lose your home and any equity in it

o Generally cannot get a new mortgage for at least 4 years.

o Possibility of a deficiency judgment against you which will require a bankruptcy filing anyway


Can I Buy a House after Filing Bankruptcy?



So you have run into hard times and what you said would never happen has actually come to pass; the dreaded bankruptcy. Is this the end to you chances of ever owning your own home or rebuilding your good credit.

Well the good news about your bankruptcy record; the one reflected on your credit report, does not mean you can’t buy a home. Believe it not there are groves of people who have gone through bankruptcy and have been able to convince themselves that building credit again is the smart and reasonable thing to do. Why you may ask?

It is one of the ways that you can buy that house you have been dreaming of, but the bad news is that the debt will be closely scrutinized and may come in smaller amounts and high interest rates. This usually happens because when you experience bankruptcy you are now tagged as high-risk borrowers.

But these negative thoughts rather facts should not dishearten those with deprived credit account from investigating their home loan options. The conscientious use of credit is the only way up from a bankruptcy filing.

Bankruptcy can provide liberation to people in terrible financial straits by releasing them from the obligation to repay their debts.

It’s a drastic move for anyone because a bankruptcy will stay on a person’s credit rating for up to 10 years, effectively acting like a warning flag to anyone considering lending that person money or a line of credit.

In order to mitigate the risk of providing that person a loan, the lender will charge higher interest rates than they normally would. For instance, an auto loan that might ordinarily carry six percent interest could come with an interest rate of eight percent or higher.

But, as time passes and small loans and credit card balances are paid off on time, the bankruptcy filing becomes less and less significant to a lender.

Establishing good credit after bankruptcy is essential. The following will help recent bankruptcy filers regain their financial strength:

One of the best and most effective ways to rebuild credit is to pay your bills on time. This may be the reason why you are in the situation to begin with, so what better way to show future creditors that you are worthy of credit is by making payments on time

Acquire and use a secured or unsecured credit card. Just don’t charge any more than you can afford to pay off each month, and read your credit report. Errors are possible, and keeping tabs on your progress will help you stay focused on the goal of rebuilding after bankruptcy.

Mortgage companies would want someone with a reassurance that he/she is on a safe and responsible track. When you want that house many lenders prefer to see three things when considering loaning money to someone following a bankruptcy.

First thing is a long stretch preferably two years or more of on-time bill payments. This may be hard due to the case of reliable income. Likewise, with a steady work history and a down payment, even a small one, it would not be impossible for someone just coming out of bankruptcy to secure 100-percent coverage on a home loan.

A down payment is the second thing and a steady income coming in on third. Well this isn’t much as hard as the first one since. Some lenders will be willing to provide a loan sooner than two years if there is evidence of responsible bill payment on a car or secured credit card plus reliable income.

Just keep in mind that even after experiencing a bankruptcy buying home is no longer impossible. There are many reasons a person chooses to file bankruptcy. The loss of a job, unexpected medical bills, and overwhelming credit card debt are just a few of the factors that can lead to filing bankruptcy.

The mortgage lending industry has created special loan packages and terms for those who have filed bankruptcy in the past.

Lenders have little to lose in approving a home loan after bankruptcy. With your home serving as collateral for the loan, the lender can feel confident in approving you for a home loan, often soon after your bankruptcy has been discharged.

In summary, cash will solve this problem, for sure. However long it takes to gather that cash is how long it will take to get the house. Start thinking about how you can make money in your spare time, selling on line at eBay, doing freelance work, or starting your own business.

In the end it is possible for you to increase your chances by coming into the deal with a lender with as much cash as possible. If it is possible for you to have a substantial amount that you are willing to put up toward your new home the better your chances of persuading the mortgagee you are serious about rebuilding your credit.

The more money you can use as a down payment, the less risk you pose to the bank, and that equates to your chances of owning your dream home that much better. Good luck.


Filing For Bankruptcy



Filing for bankruptcy can be a very scary thing. There are a lot of things to think about and you should really consider the consequences of what filing for bankruptcy will mean for you before you do it. A bankruptcy lawyer will guide you through the process, but they want to to file because that is how they make money. Here are some things to consider before you file for bankruptcy.

First, how much money do you make each year compared to the size of your debts? If your debts are less than half of what you make in a year, then you should not file for bankruptcy. Sure you might have to cut back on some of the extras and it might take you 3 or 4 years to get completely out of debt, but you will have much better credit and you will not have to suffer the effects of a bankruptcy that will be on your credit for 7 years.

Second, do you own your home and do you have any equity? If you own your home and have some equity, then you have leverage to refinance and pay your debts off. If you file for bankruptcy the court is going to make you use your equity to pay off creditors anyway so you might as well use it for yourself before you are forced to. Plus you can get your mortgage company to settle some of your debts for less than you owe to help you out.

Last, do you own your cars outright? If you own the title to your car or cars, then you can get a title loan or sell them to help out with your debts. The bankruptcy court is going to allow your creditors to take your vehicles or place liens against them anyway so you might as well use this leverage to work in your favor before it works against you.

You should consult a financial advisor before ever considering such a decision like filing for bankruptcy. This is a large and life altering decision and, yes, you should get out of debt, but bankruptcy is not always the answer.


Bankruptcy Help Needed When Debts Overwhelm



Filing for bankruptcy is a drastic measure that overwhelms most people because of the detailed paperwork that must be done. In addition, for most people it is an emotionally draining experience to go through. Because of the complexity of the matter, and the fact that emotions can cloud judgment, it is a good idea to get bankruptcy help to be sure that a chapter bankruptcy filing is done correctly.

One of the first places to go for help is to one of the credit counseling agencies. They are sometimes able to help people avoid going into that final step of filing for bankruptcy. Often, they can suggest ways to help debts collections situations or they can negotiate with the creditors and try to make arrangements, either reducing the monthly payments or reducing or even eliminating the interest charges and late fees. In some instances, they can get both the interest rate on a loan reduced and make arrangements for easier payments.

The reason that this kind of bankruptcy help is often effective, is because creditors know that if a person is in a financially bankrupt position, then the chances of ever collecting on any of the debt owed to them is nil. It makes sense for companies to cooperate when a debtor is having trouble making their payments and to work with them to make a new financial plan.

The credit counseling services offering help usually start by digging into the person’s or couple’s financial situation and then will help to determine if filing for it is going to be necessary in their case. Many times, when a person is in a panic mode because they have had numerous bill collectors constantly calling them, they move toward a chapter bankruptcy filing as a knee-jerk reaction before they have found out if they have other options.

Even though the credit counselors will sometimes determine that the best way to help debts incurred is to file for one, at least the consumers who receive the counseling feel more assured before taking such drastic measures. However, it should be noted that some of the credit counseling services do charge a substantial fee for their services.

Another avenue of help, or better said, another route which might help one to avoid declaring broke altogether, is by using a debt consolidation service. Sometimes, credit counseling services can arrange for debt consolidation as well.

The purpose of consolidating your debts is to give you one single payment to make per month and to secure financing with a lower interest rate. This can help make the current debts more manageable and bring the monthly payment down so that it can be worked into the family budget.

If credit counseling or debt consolidation are not enough and it is evident that filing for it will be necessary, then you should seek out a qualified lawyer for the legal help that you will need. Making sure that you get an experienced lawyer who specializes in the different chapter bankruptcy filing types, will help to assure that your case is handled professionally and that the required paperwork is properly filed in a timely manner.

This is not an area where one should attempt self bankruptcy or try to save a few dollars. Not properly filing the paperwork and adhering to the court timeline can result in your court record being thrown out, which will leave you vulnerable to the tactics of the creditors and collectors again.

If you find yourself in the situation of struggling to meet your monthly obligations or if you have experienced a life-changing event, then getting bankruptcy help to assist you on how to best proceed is probably a good idea. The worst thing you can do is to ignore a growing financial problem, as the condition will only get worse if positive action is not taken. Even though bankruptcy is a momentous decision, it is provided for through Federal law to allow people to have a new start financially when the situation arises.


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