Understanding What To Expect When You’re Going Through A Bankruptcy
May 16, 2012
Filed under: Bankruptcy — admin @ 8:48 pm
Handy Tips On When You Should File For Bankruptcy
When you start the process of filing for bankruptcy, you are making the claim that you do not have the money you need to pay your bills. The reasoning behind the lack of funds, does not play any role in the court’s decision to accept your petition. Use the tips below to help you through this difficult and confusing process.
Pay your child support. No matter what state you live in, child support is not dischargeable in a bankruptcy. The welfare of children is always going to be of primary importance in any legal system and will never be discharged in a bankruptcy. Although child support is not allowed to be discharged, by filing bankruptcy, you should have additional cash available from debts that were eliminated to then make your child support payments. But be very careful about paying off family and friends prior to filing bankruptcy.
Once you realize you are in financial trouble and have decided to file for personal bankruptcy you should move quickly. Waiting to the last minute to file bankruptcy can cause a number of issues. You may face negative repercussions such as wage or bank account garnishment or foreclosure on your home. You can also not leave time enough for a thorough review of your financial situation, which will limit your available options.
Be honest about your debts. When you file for bankruptcy, you need to be completely honest about your debts. If you attempt to hide any income, or assets from a Trustee, you might find that the court dismisses your case. You will also be barred from re-filing any debts that were listed in that petition. Report all financial information, no matter how insignificant it may seem.
Once you have filed for bankruptcy, you need to go over your finances and do your best to come up with a manageable budget. You want to do this so that you will not end up so deep in debt again that you will have to file for bankruptcy, again.
Know what your exemptions are before you file for bankruptcy. Exemptions are personal property that is out of reach from your creditors. Although this varies by state, items such as clothing, household goods, a vehicle, and some equity in your home may all be protected from creditors when you file for bankruptcy.
Take note of any tip you found to be especially helpful here. Print a copy to keep on your desk as you prepare to file for personal bankruptcy. This will make it easy to benefit the most from the information learned here. It is the details that are missed that may hurt you the most, so be sure to be careful when filing.
Bankruptcy in Orange County CA
May 10, 2012
If you have considered filing for bankruptcy, you are probably stressed out and upset. It can be hard to figure out what to do and what steps you should take. Here are some smart tips that you can use to guide you through this difficult time and take the actions that are right for you. There are two main ways people file for bankruptcy in Orange County CA: One is by filing a Chapter 7 bankruptcy in Orange County and the other is filing a Chapter 13 bankruptcy in Orange County.
Do not try to pay off family and friends before filing. There are very strict rules, in effect, that place prohibitions on paying off specific debtors within 90 days before filing. The time beforehand for paying off family members is one year prior to filing for bankruptcy. These payoffs can cause a dismissal for your petition.
Instead of filing for bankruptcy, you may want to think about getting a personal loan. These loans are designed to help pay off smaller loans. In the end, your monthly payments will be a lot lower than before and the savings could add up to be an astonishing amount.
If you are trying to rebuild credit after filing for bankruptcy, you should apply for secured credit cards. These can help you establish credit, but you have to make sure that they are one of the companies that report to the major credit bureaus, since not all of them do.
Double check all your paperwork. Even if you have an attorney, it’s a good idea to carefully go over all the paperwork involved yourself. Be sure that there are no errors. Once, you are sure that your paperwork is error-free, take the time to get it all together, and properly organized.
Try not to put off filing for bankruptcy. If you need to file for bankruptcy, don’t procrastinate. Procrastinating may make legal matters more complicated. It may also cause you a great deal of unneeded stress. You need a clear head and a calm mind when preparing to file for bankruptcy. Don’t let stress complicate things.
Make sure to comply with the educational requirements for bankruptcy. You have to meet with an approved credit counselor within the six months before you file. You have to take an approved financial management course. If you don’t take these courses in time, the court will dismiss your bankruptcy.
Now that you have read this article, you know that there are things you can do to ensure your financial well-being, even if you should choose to file for bankruptcy. Bankruptcy can be stressful and upsetting, but now that you have the information to make smart decisions about your actions, you can start to rebuild your financial life.
When Debts Are Overwhelming – Helpful Information On Bankruptcy
May 8, 2012
Personal bankruptcy is a big step for many people, and it is a legitimate tool that helps people get out from under a mountain of debt. Many borrowers successfully build their credit after filing bankruptcy, and continue on with success in their financial lives. Read on to find out more about personal bankruptcy, and what it means to you financially.
Know the difference between Chapters 7 and 13 bankruptcies. Chapter 7 will wipe your debts clean, meaning you will not owe what you file against. Chapter 13 requires you to agree to repay your debts. These debts need to be repaid within three to five years of the filing date.
Make sure you list all of your assets and all of your creditors when filing for bankruptcy. If you are dishonest, your trustee will discover it, and your bankruptcy case can be dismissed with cause. The more you disclose, the more likely you are to get the outcome that you are looking for.
When you are thinking about filing bankruptcy, always be honest about everything. Do not think that hiding assets or income will help your case for bankruptcy. It could turn out that the court may just dismiss your petition, and you will not be able to file again to have those debts listed.
Before you decide to file for bankruptcy, be sure to obtain a free consultation with a bankruptcy attorney. Any good attorney will offer a first appointment free. This is an important consultation, as you will need the answers to many questions. These may include: attorney fees, what type of bankruptcy to file, and what types of information, paperwork you will need to provide. Most importantly, an attorney will be able to determine if filing for bankruptcy is the right decision for you.
Do not forget to list the name of any of the creditors that you would like to be included when you file for bankruptcy. Any creditor that is not listed will not be included.This means that you will still owe them the entire balance that is on your account.
Filing personal bankruptcy can provide you with a safe haven from creditors and bill collectors. Navigating your way through bankruptcy to a debt-free life can help get you on the road to a more positive financial future. Personal bankruptcy is not for everyone, but it is worth investigating to see if it makes sense for you.
Make Your Bad Credit A Thing Of The Past
April 22, 2012
In this current economic situation, credit repair has become the norm instead of the unusual. If you need a complete overhaul or a simple tune up, these tips will help you to improve your credit score. Still, if you feel it’s too late, don’t worry, let a good Newport Beach Bankruptcy Attorney help put you back on track.
Check your credit score by getting a copy of your credit report from each of the three main credit bureaus several times annually. You can do this for free on a lot of different sites on the internet. Once you are aware of exactly how much you owe, you will be able to take the steps to improve your credit.
Save money in late fees or interest charges by inquiring about payment plans offered by your collection agency. If a company is more lenient about late bills, focus on paying the bills issued by companies with less lenient policies.
If there are negative marks on your credit report, take note of them. Review your credit report and your new notes thoroughly in order to uncover reporting errors or untrue information. You will be better able to start boosting your credit score once you know what negative factors are influencing it.
Make sure you research the laws when it comes to debt collection in your state and know what your rights are. There’s no debtors’ prison in the United States, so you won’t be jailed no matter what a collection agency may tell you. In fact, an agency that tries to threaten or bully you into paying is the one breaking the law! You should contact a highly qualified bankruptcy attorney in Newport Beach for personal advice on your situation!
Try to keep the balances on your credit cards below 30 percent. This allows you to make more progress with smaller payments that suit your budget. When your balance exceeds 30 percent of your total available credit, you will find yourself wasting money on interest payments that you could put to better use elsewhere. Keep an eye on your balances to make sure they are as low as possible.
You should try to work out a repayment plan with your creditors, instead of ignoring them. Generally, if you admit that you are having difficultly making all your payments, collection agencies will be willing to reduce your payments or bill and consolidate your debt. Not only that, but making a good faith effort toward paying off your debt can help reduce or eliminate extra fees and interest.
Making these simple changes will quickly rectify your bad credit. You can start using them right now in order to rebuild your credit.
Credit Repair Scams And Helpful Tips
April 9, 2012
Unfortunately, many people find themselves in a situation where they need to do some credit repair. It can happen to anyone. The important thing is to face the issue and not hide from it. The same thing goes for bankruptcy. If you need to file for bankruptcy in Orange County CA, don’t run away. Face it head on. Read and follow the tips in this article for easy things you can do to repair your credit.
To reduce your overall credit card debt and repair your credit score consider taking a personal loan from a loved one such as a parent. Once your cards are paid off lock them away and do not use again. Be sure to make timely payments to your loved one. They may be more forgiving than a credit agency, but you do not want to put an additional strain on the relationship.
An important tip to consider when working to repair your credit is to consult with friends and family who have gone through the same thing. Different people learn in different ways, but normally if you get advice from somebody you can trust and relate to, it will be fruitful. You can also turn to a trusted, experience bankruptcy attorney in Irvine CA for helpful advice on how to proceed.
A great tip for people looking to repair their credit is to check their credit scores regularly. You may have to pay a monthly fee for an online credit tracking site, but you are much more likely to notice irregularities with your credit score if it is continuously monitored.
Before making any payments to any debt collectors in order to repair your credit, make sure that the information is correct. It is important to look over paperwork regarding your debts because you do not want to give money to any company and then later find out you did not owe as much as gave.
Watch out for credit repair scams. A legitimate credit repair company will make sure to inform you of your rights under the Fair Credit Reporting Act, will have you sign a valid contract, and will not claim to be able to remove correct negative reports. A scam company will not fix your credit; they will simply take your money and disappear.
An important tip to consider when working to repair your credit is the fact that each of the three credit reporting agencies will most likely have a different score for you. This is important to know because each company has a different report and each has a different model that they use to calculate your score.
If you have credit problems you should be proactive in solving them. There are steps you can take in a credit repair process that will help restore the damage to your report. Use the simple tips you have read in this article to improve your credit. It will be well worth the effort!
Credit Card Pitfalls
April 3, 2012
Filed under: Bankruptcy,Credit Cards — admin @ 9:59 pm
Credit cards can help you to build credit, and manage your money wisely, when used in the correct manner. There are many available, with some offering better options than others. This article contains some useful tips that can help credit card users everywhere, to choose and manage their cards in the correct manner, leading to increased opportunities for financial success. If you need an Orange County bankruptcy attorney, be sure to visit our main site for more information.
When it comes to paying your credit cards as well as what effect that has on your credit report, you want to make sure that you do all that you can to pay on time. Late credit card payments may show up on your credit report for up to 7 years and greatly affect your credit score.
Make sure each month you pay off your credit cards when they are due, and most importantly, in full when possible. If you do not pay them in full each month, you will end up having to have pay finance charges on the unpaid balance, which will end up taking you a long time to pay off the credit cards.
Be sure to limit the number of credit cards you hold. Having too many credit cards with balances can do a lot of harm to your credit. Many people think they would only be given the amount of credit that is based on their earnings, but this is not true.
Anytime you apply for a credit card, you should always familiarize yourself with the terms of service that comes along with it. This will allow you to know what you can and cannot use your card for, as well as any fees that you might possibly incur in different situations.
Transferring a credit card balance from a high interest credit card to a card where the rate is less, can save you money every month. Credit card companies offer special introductory rates to attract new business to their credit cards. If you take advantage of one of these offers, make sure that you understand the amount of time that the introductory rate offer lasts.
Credit cards can be wonderful tools that lead to financial success, but in order for that to happen, they must be used correctly. This article has provided credit card users everywhere, with some helpful advice. When used correctly, it will help individuals to avoid credit card pitfalls, and instead allow them to use their cards in a smart way, leading to an improved financial situation.
Trouble with too much debt? Our Riverside bankruptcy attorney can help. Contact us today.
Credit Score Tips For The Average Person
March 27, 2012
Filed under: Bankruptcy,Credit — admin @ 4:32 pm
Many people these days are in need of serious credit repair. Perhaps you need to completely restore your credit score or only need a minor boost: this article will help you find the right solution for you. It’s possible you may need first file for bankruptcy. Our Irvine bankruptcy attorney can help you get back on track.
To start, find where you stand with your credit score. There are a number of online services that will give you your credit score; some even do so for free. You first need to know what your rating is.
You might be able save some money in late fees by asking your creditors about alternative payment arrangements. If you had the option of paying your creditors a bit later without paying any additional fees, you could worry about paying them later and focus on the ones with the larger fees.
You need to obtain a copy of your credit report to be sure the information is reported correctly; incorrect information may have a huge impact on your credit rating. If your report contains any incorrect information, immediately contact the right person at the right bureau to have them taken off.
Collection companies are required to abide by certain laws. Make sure you are aware of what a collection company can and cannot do. One rule that a collection agency constantly breaks is making harassing or threatening comments. It is illegal for these agencies to verbally abuse you. Since laws can vary state by state, you should look into what your state specifies regarding this. If you know your rights and voice them, the debt collectors will be less able to harass you.
Try keeping your credit card’s balance below thirty percent. It will be easier to keep your payments under control, and you will feel safer knowing you always have access to cash. If you rise above 30%, you may find it to be a major stress both financially and emotionally.
Once your bills turn into collections, your aim should be getting onto some type of payment plan with them. Many times, the collector will be happy to work with you. Avoiding collection agencies is your worst option; your debts will continue to mount and the agencies will get less and less cooperative. Demonstrating your good faith to pay your debts will earn you some leeway even if you cannot meet your current obligations. Talking can help you get your bill lowered. Cooperate with them, and suggest a payment plan that you can afford. The key is to prevent creditors from tacking on additional amounts to your outstanding balances by working with them to pay at least a small amount each month.
If you need help with filing for bankruptcy, don’t wait until it’s too late. Contact our Irvine bankruptcy attorney today.
Bankruptcy and Exemptions
February 19, 2012
Filed under: Bankruptcy,Chapter 11 Bankruptcy,Chapter 13 Bankruptcy,Chapter 7 Bankruptcy,Clients,Credit,Credit Cards,Foreclosure — Tags: bankruptcy, chapter 11, chapter 13, chapter 7, creditor, Foreclosure, Orange County Attorney, personal finance — admin @ 12:39 am
“One of the most common types of bankruptcy is chapter 7 bankruptcy”, says Bert Briones, an Irvine bankruptcy attorney. “In this, a person’s assets are sold off in order to cover their debts.” The property to be sold is surrendered to a bankruptcy trustee, who then goes about the process of liquidating the assets to get the money needed to pay off debts. Not all property is eligible for liquidation, and filers can claim exemptions for certain assets that will prevent them from being surrendered and sold.
Federal and state laws list certain types of property that a person can claim as exempt. In some cases, your home state may choose to allow you to decide whether you want to abide by state or federal regulations regarding exemptions. In general, it’s a good idea to go with whatever set of regulations allows you to claim more of your property as exempt.
As a rule, you are allowed to keep the tools of your trade, clothing, and everyday household goods. Household goods include things like appliances, books, furniture, and pets. Under federal regulations, you can also claim unlimited exemptions for healthcare goods like wheelchairs, breathing machines, and at-home care equipment. If you are filing for bankruptcy jointly with your spouse, many exemptions can be doubled.
Property isn’t the only area where exemptions can be claimed. You can claim exemptions for things like alimony, wrongful death trusts, unemployment, veteran’s benefits, public assistance, and social security. Disability insurance, immature life insurance policies, and life insurance proceeds can also be exempt.
Be aware that creditors can attempt to contest your exemptions. When you meet with your bankruptcy trustee about a month after filing, your creditors may attend, too. At this point, they can try to argue against the property you’ve claimed as exempt, to make it eligible for sale.
Regulations for bankruptcy exemptions and the filer’s ability to choose federal regulations over state regulations varies from state to state. Before you file for bankruptcy, discuss your options with a good bankruptcy attorney, so you can begin to decide which pieces of your personal property you wish to claim as exempt.
If you have questions regarding Chapter 7, Chapter 11, or Chapter 13 bankruptcy, lien stripping, wage garnishment, cram down, foreclosure, asset protection, or related issues, please call Red Hill Law Group PC, to schedule a no-charge face-to-face or phone consultation with an experienced Orange County bankruptcy lawyer.
We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.
Download our Free E-Book, “Seven Bankruptcy Mistakes That Will Keep You Chained to Your Debt” here:
http://bankruptcyattorneyirvinesite.com
View our educational video series:
http://www.redhilllawgroup.com/orangecountybankruptcyattorney/
Why Creditors Do Not Like Chapter 13 Bankruptcy
February 8, 2012
Filed under: Bankruptcy,Bankruptcy Alternatives,Chapter 11 Bankruptcy,Chapter 13 Bankruptcy,Chapter 7 Bankruptcy,Foreclosure — Tags: bankruptcy, chapter 13, chapter 7, creditor, Foreclosure, Orange County Attorney, personal finance — admin @ 4:21 am
“It’s pretty obvious that creditors don’t like it when people don’t pay their debts, so it’s natural to assume that they wouldn’t mind it so much when a debtor files for bankruptcy,” says Bert Briones, an Irvine bankruptcy attorney. ”Unfortunately, especially when it comes to chapter 13 bankruptcy, this isn’t the case.”
To start with, chapter 13 bankruptcy is bankruptcy in which the debtor is not required to sell off their personal property to cover their debts. Instead, the debt is restructured and a multi-year plan is formulated that ensures that the creditors get regular payments.
Unfortunately for them, people generally file for bankruptcy when they can’t afford the regular payments they would be making under the original terms of their debt agreement. This means that creditors will, as a rule, be getting much smaller payments under chapter 13 than they would under the terms of their original agreement.
Some debts are secured, while others are unsecured. Secured debts are debts where the creditor can repossess something- for example, if you take out a loan for a car, a creditor can repossess your car if you fail to pay. Unsecured debts are granted based on a person’s credit history, like credit cards. Secured debts have more protection than unsecured debts.
A debtor can always be forced to surrender their car or home, even during bankruptcy, ensuring that their creditor gets something out of the deal. Unsecured debt doesn’t come with that kind of guarantee. A creditor seeking redress for unsecured debt can walk away with just a fraction of what they were owed.
Lastly, bankruptcy forces creditors to stop adding up things like interest and late fees. While they would normally be able to keep piling on fees, then sue you for what they’re owed, filing for chapter 13 forced them to stop that. They also cannot harass you, intimidate you, or attempt to take you to court.
So, what does all of this mean for debtors? Unfortunately, creditors have more money and sway than debtors do, so they’re generally the ones who influence bankruptcy legislation. Recent changes to bankruptcy law now make it harder for debtors to file.
If you are considering filing for either chapter 13 or chapter 7 bankruptcy, you’ll need the help of a good bankruptcy attorney. They’ll be able to help you determine which type of bankruptcy you’re eligible for, how much of your debt can be reconciled, and what kind of protection you’re entitled to.
If you have questions regarding Chapter 7, Chapter 11, or Chapter 13 bankruptcy, lien stripping, wage garnishment, cram down, foreclosure, asset protection, or related issues, please call Red Hill Law Group PC, to schedule a no-charge face-to-face or phone consultation with an experienced Orange County bankruptcy lawyer.
We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.
Download our Free E-Book, “Seven Bankruptcy Mistakes That Will Keep You Chained to Your Debt” here:
http://bankruptcyattorneyirvinesite.com
View our educational video series:
http://www.redhilllawgroup.com/orangecountybankruptcyattorney/
When Bankruptcy Is Not An Option
January 31, 2012
Filed under: Bankruptcy,Chapter 11 Bankruptcy,Chapter 13 Bankruptcy,Chapter 7 Bankruptcy,Credit,Credit Cards,Foreclosure — Tags: bankruptcy, chapter 11, chapter 13, chapter 7, creditor, Foreclosure, Orange County Attorney, personal finance — admin @ 7:06 pm
“It’s a common misconception that all debts can be erased with chapter 7 bankruptcy, but this isn’t the case,” says Bert Briones, an Irvine bankruptcy attorney . ”Some debts are “non-dischargeable debts,” and cannot be eliminated by filing for chapter 7, regardless of the circumstance.”
These debts include criminal fines (like court fees or penalties), and back taxes. You may also not attempt to discharge any debts incurred as a result of criminal activity. For example, if you were charged with negligent homicide, you cannot attempt to use chapter 7 bankruptcy to discharge any debts related to the victim’s death, even if they are not court fees or fines.
Debts incurred due to fraud or false information will not be considered dischargeable. Fraudulent debts are those that you rang up knowingly before filing for bankruptcy. For example, if you obtained a new credit card, charged it to the limit purchasing items subject to bankruptcy exemption, and then filed for bankruptcy less than ninety days later, that debt will not be discharged. Similarly, if you lied on a credit card application in order to obtain the card, any debt incurred on it won’t be eligible for chapter 7.
Any debts that weren’t listed on your original bankruptcy filing also will not be discharged. When you file for bankruptcy, it is your responsibility to list all of your dischargeable debt. Any that you neglect to mention will not be considered at that time.
Alimony or child support is also not dischargeable, however divorce settlements may be if it is mutually agreed upon by your former spouse.
Lastly, you also cannot use chapter 7 to discharge debts that you racked up paying for non-dischargeable debts. If you took out a loan or cash advance in order to pay for a fine relating to a criminal charge, for example, you are not eligible to claim that loan in your bankruptcy filing.
If your debts fall under these criteria, don’t worry. Even if chapter 7 isn’t an option for you, you might still be eligible to file for chapter 13 bankruptcy, instead, since it operates a little bit differently. Contact a good bankruptcy attorney in order to go over your complete list of debts, so you can determine whether or not you are a candidate for chapter 7 or chapter 13 bankruptcy.
If you have questions regarding Chapter 7, Chapter 11, or Chapter 13 bankruptcy, lien stripping, wage garnishment, cram down, foreclosure, asset protection, or related issues, please call Red Hill Law Group PC, to schedule a no-charge face-to-face or phone consultation with an experienced Orange County bankruptcy lawyer.
We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.
Download our Free E-Book, “Seven Bankruptcy Mistakes That Will Keep You Chained to Your Debt” here:
http://bankruptcyattorneyirvinesite.com
View our educational video series:
http://www.redhilllawgroup.com/orangecountybankruptcyattorney/
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