Posts Tagged ‘bankruptcy alternatives’

Tips on Stopping Creditor Harassment Before Bankruptcy

Wednesday, April 21st, 2010

By law, a creditor is only allowed to contact you in specific circumstances. If they’re calling you day and night at insane hours, you can sue. You should contact an attorney immediately.

But when is the time creditors “can” call you?
The times are between 8 AM and 9 PM, Monday-Saturday. If they do not follow these laws, you have grounds for a case against them (we’ll go over that more).

If creditors call you during the legal times, you still have rights under Federal and State laws. A creditor  can rarely if ever contact you at work. If they contact your neighbors or family looking for you, you also have a right to stop it.

How can you stop creditor harassment?
If you owe money, creditors have a legal right to contact you. However, what you can do is write a letter stating you want the contacts to stop; by law the creditors have to stop. What do you say in the letter?  You simply make it plain you want no more contact with the creditor anywhere, or to friends and family.

What if a creditor threatens you?

Unfortunately, this happens often enough to be noted, as creditors sometimes are known to threaten debtors. If a creditor threatens to hurt you, garnish your wages, or threaten you in any other way, it’s illegal. A creditor, for one, can never threaten to garnish your wages, even if they plan on doing so. Of course, it’s obvious threatening to hurt you is a major crime as well.

What if a creditor sends you a letter?
There are laws designed for letters from creditors too. The letter must state: you have 30 days to dispute the amount or the debt will be considered valid, how much the debt is, the name you owe money to, and that anything you say can be used against you. This is much like a Miranda, and just as in criminal law, there are rules on what creditors can and should say.

How can you sue a creditor?

The good news is, creditors are sued successfully on a regular basis. The bad news  is, the most you can collect from the creditor is $1,000. However, it does make a big statement. You still owe the money, but the creditor may have learned a valuable lesson.

What are your options if they follow all laws?
You have the right to 1) send them a letter asking for no more contact and 2) a lawyer to take any future creditor calls. If you file bankruptcy and hire a bankruptcy attorney, all future calls from the creditor should go directly to your attorney. This stops creditor harassment. There are alternatives to bankruptcy, but if you’re in over your head with debt, Chapter 7 and Chapter 13 bankruptcy are reasonable options for eliminating or managing debt.

Before Bankruptcy – How to Manage Essential and Nonessential Debts

Friday, April 9th, 2010

To avoid filing bankruptcy, you can maintain your credit, pay bills on time, and build a savings.  Some debts should have priority over other debts. This guide will show you which debts should be given priority, which ones should be at the bottom of your list, and if you do have to file for Chapter 7 or Chapter 13 bankruptcy, how planning ahead works wonders. Let’s begin.

Which Debts to Repay – Essential Debts
Essential debts are at the top of your list of bills, the ones with the most importance. Some of the consequences of not paying this will be pretty obvious. For example, without rent or mortgage payments, where do you expect to live? Without a car, how can you make it to work? Without utilities, where’s the power coming from?

Rent or mortgages are essential debts. If you rent a residence, and have nowhere else to go, that’s priority #1. On the other hand, before you file bankruptcy, if you own a home you’re paying a mortgage on, you might be able to sell the home and recoup some of your losses. Why would you sell? It just helps you avoid filing bankruptcy, and in some cases you might lose it anyway–so you can sell before you lose it. Certain homes might not sell for much of anything, especially if the housing market is bad. Weigh these pros and cons.

Child support is another essential debt. Why? You go to jail if you don’t pay them. And if you think not paying for a few months is okay, this will still show up as an unpaid bill–you have to pay it eventually. Bankruptcy does not cancel child support debt.

Cars aren’t always a must. You might have just lost your job and have access to many locations near your residence (like a grocery store). You might also sell your car before a bankruptcy to get enough money to pay other essential debts.

Lastly, taxes are a clear essential debt. You could lose your home and face stiff penalties if you do not pay your taxes every year.

Which Debts Are Secondary- Nonessential Debt
Nonessential debts have less priority, but will still be on your credit report for 7 years. Being a nonessential debt does not mean you won’t get in trouble for not paying, but if you have to choose between your house and paying back a friend, you have to make a choice. And though certain debts can be termed nonessential, such as gas, sometimes you just can’t go without paying the bills upfront.

Department stores are another nonessential debt. In this case you can be sued for not paying.

If you have a newspaper or magazine subscription, really you won’t owe that much. These are on the bottom of debts, but collection agencies can still harass you.

Legal and accounting come into play if you run a small business or regularly consult lawyers. These debts may be nonessential, but here again you can get sued for not paying.

Choosing Debts to Pay Before Bankruptcy
There are even more debts, including auto insurance, medical, credit cards, and student loans, which should be considered. So how do you follow a repayment plan for all of the bills one gets every month? How can you avoid bankruptcy? Create a list of expenses and budget yourself. Some of these debts are small in  terms of importance and price, but others could be quickly paid so you can focus. A debt repayment plan involves budgeting with this system: paying essential debts first, nonessential debts second, and always considering debts which can be both essential and nonessential in certain cases such as credit cards.

Before you file bankruptcy, you can budget. As bankruptcy isn’t for everyone and can be a life changing event, careful planning helps you get through this.

What a Credit Counseling Agency Does and How to Choose One – Alternatives to Bankruptcy

Wednesday, March 31st, 2010

Credit counseling agencies are for people who have problems paying debts. If you can’t pay bills on time, have outstanding credit card debt, and want advice on money management, credit counseling agencies can help and are in some cases an alternative to filing bankruptcy.

Credit counseling services include:
-Money management education for debtors
-Budget and debt counseling
-House counseling
-Referrals

The Debt Management Plan

A DMP  is where the credit counseling agency negotiates with your credit card companies and other creditors. Typically, the credit counseling agencies goal is to negotiate for lower interest rates and monthly payments to your creditors. You will make a large payment to the agency, and they’ll send separate payments to all your creditors.

The Price

While some credit counseling agencies come at no cost, some do charge a fee (usually small). Also, you should be weary of using a credit repair clinic, who sometimes trick individuals into their services. In essence, credit repair clinics only do what you could easily do for yourself. They offer to fix your credit with services available to everyone. It’s best to avoid any company offering to repair your credit for free; most are scams.

Choosing A Credit Counseling Agency
There are a variety of ways to make sure you get the right services for your situation. Just as you shouldn’t hire the first bankruptcy attorney you find, you should research credit counseling agencies and compare them. Here are some notes on what you should look for.

-They must me a registered nonprofit (accredited nonprofit)
-Are a member of the NFCC or AICCCA
-Employ certified, professional counselors
-Provide counseling and education
-Offer more than one debt management option
-Are upfront about all fees
-Have a clean business record
Let’s go over some of these in more detail.

Certified Counselors

Credit counselor should have not only completed a training program within the company, but also passed a certification exam; the certification exam tests for understanding in counseling, budgeting, credit and consumer law, debt management, and bankruptcy law. You want this exam for your counselors to be done by an outside, independent agency such as Financial Counseling and Planning Education.

Counseling and Education

You want to go over all the details on your current economic status in person, by phone, or on  the web. It usually takes about an hour and you’ll go over income, expenses, debt, why you’re in a tough situation, and your future goals. After this session, you should get a budget plan, a list of steps and to begin, and notes on your options.

Fees
You should never pay more than $50 to establish your work with the the credit counseling agency, and future monthly payments should never exceed $50. Also, the agency must be made aware if you cannot afford these fees, and should waive them.

When Filing Bankruptcy

In some cases, you might want to actually file bankruptcy, whether it’s Chapter 7 or Chapter 13 bankruptcy. Sometimes you simply cannot pay back all these fees. In any case, you have nothing to lose and a lot to gain when working with debt counseling agencies.

Alternatives to Chapter 7 Bankruptcy in New York

Wednesday, March 10th, 2010

With changes in bankruptcy laws, it’s not always wise nor possible to file Chapter 7 bankruptcy in New York. Filing Chapter 7 bankruptcy is now more difficult to get with new Federal regulations. Many are now told to file under Chapter 13. Chapter 13 bankruptcy is a good alternative to Chapter 7 in many cases.

So what’s the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy in New York?

-Chapter 7 bankruptcy is a liquidation of debt and assets, while Chapter 13 buys you time
-Chapter 13 bankruptcy can save your home from foreclosure
-With Chapter 13 bankruptcy, you can extend payment schedule and lower payment fees
-With Chapter 7 bankruptcy, certain property is exempt from being repossessed
-Chapter 7 costs $299 to file with the court while Chapter 13 costs $274

That may be speaking more positive of Chapter 13 bankruptcy. The big difference is you can be cleared of debts with Chapter 7 (often preferred), while Chapter 13 bankruptcy allows you more time to pay back debt, typically over a 3-5 year period.

There are alternatives to Chapter 7 bankruptcy in New York beyond just Chapter 13 bankruptcy. Though Chapter 13 is now the second most common, Chapter 11 is wise for individuals actively engaged in business. For example, if you run a corporation, you can avoid liquidation and seek an adjustment of debts with Chapter 11 of the Bankruptcy Code.

Chapter 13 Bankruptcy in New York
You can also seek an adjustment to your debts via Chapter 13 bankruptcy in New York. If you owe money on a home and cannot pay it back immediately because of other circumstances such as medical bills, you can save your home from foreclosure. This is done by giving you the opportunity to catch up with past due payments through a new payment plan. This is good news for New York home owners facing foreclosure, as you can get immediate and extended help by filing with the courts for Chapter 13 bankruptcy.

Other Alternatives to Filing Chapter 7 Bankruptcy
While Chapter 11 bankruptcy in New York is not very common, for people running businesses it can be very beneficial, namely by saving your assets. You should also be open to “out of court” agreements with creditors or debt counseling services. You might be able to pay back debts in installments outside of a bankruptcy hearing–there is no reason you can’t–and many individuals choose this route instead of officially filing. And if the out of court agreement does not work, you still have the right to file for Chapter 7, Chapter 11, or Chapter 13 bankruptcy.

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