Posts Tagged ‘bankruptcy attorney’

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Tips on Keeping Your Home Before, During, and After Bankruptcy

Wednesday, May 12th, 2010

Chapter 7 bankruptcy has many clear advantages, but unfortunately not many for home owners. Technically you can eliminate mortgage debt–just don’t expect to keep your home.

So how do you keep your home instead  of Chapter 7 bankruptcy? What can you do during the bankruptcy? And what happens after — will you be able to buy again or negotiate with the lender? This post gives answers.

Before Bankruptcy
Usually Chapter 13 bankruptcy is best for keeping all your assets. The only negative is you have to pay back your debts; you cannot discharge one dollar in Chapter 13. The advantage is, say you have an expensive home you’ve been paying on for 20 years. Do you really want to lose it to pay back debt? And if you have a job, your chances are higher for keeping it with a new debt repayment plan

That said, if you want to keep your home before bankruptcy, no matter whether it’s Chapter 7 or Chapter 13, you need to 1) hire an experienced attorney and 2) make the loan current.

Why hire an attorney?
An attorney is your very best option for keeping your home. No matter your housing market, no matter how far behind you are in payments, an attorney is invaluable.

Why make the loan current?
Really, this is the most important tip of the entire post. According to law, if you get your loan payment current–meaning you pay all delinquent amounts–the lender cannot take your home. If you’re going to file Chapter 7 bankruptcy, you can keep your home if you negotiate with the lender or if  you work with the trustee. For example, if you also wanted to keep your car, you could pay the amount you owe to the trustee so you can avoid losing it.

Is bankruptcy the best option?
Certainly bankruptcy has advantages and disadvantages. For one, if you wait to long to  file, you may lose your home in foreclosure before you can act. But since Chapter 13 bankruptcy can save your home, it’s often the best option.

Will your credit be ruined?
If your home is foreclosed upon, to put it simply, that’s pretty much the worst thing which can happen to your credit.  You will have a lot of trouble getting financing in the future. However, if you avoid foreclosure, bankruptcy looks far better than foreclosure after you file. While foreclosures are as common as bankruptcies, bankruptcy doesn’t necessarily ruin your credit. If you had to choose between losing everything and ruining your creditor, or keeping much and paying back or discharging debts, what would you do?

What’s the first step?
These tips were meant to show you how to successfully save your home from foreclosure. Before you go into foreclosure, consider bankruptcy. During, stay current on payments. And after, rebuild your credit.

The first step would be to hire an expert who can assess your situation. You may want to file Chapter 7, you may prefer Chapter 13, or perhaps there are alternatives. An experienced bankruptcy attorney can help in numerous ways; just hire the right one.

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How To Negotiate Rates with New York Bankruptcy Lawyers

Monday, May 10th, 2010

Can you reduce you attorney fees? How much does bankruptcy really cost if you hire an attorney?

Lawyer prices vary in terms of time involved, how experienced the lawyer is, how fast the lawyer is, if you are hiring a big name firm or a smaller firm, and availability and time.

How Experienced
Experience proves many things, and it does often require a higher fee. On the other hand, you may get a quote much less from an experienced bankruptcy attorney in New York than one who’s less experienced. It may take longer for the latter lawyer to get to your case, for example. Also, sometimes experienced bankruptcy attorneys can do things faster, or do most of the work in a shorter time frame.

How Fast
If one lawyer is inundated with more cases than another, he or she may be able to get your case through much faster. Of course, the courts don’t revolve around this, but you may get a good deal. On the other hand, spending more time on the case may be worthwhile. There may be details in the case overlooked in the rush to get you a lower fee in a shorter time frame. This is subjective, but it bears consideration.

How Big
If you hire a lawyer from the State Bar of New York directory who has a small office, or if you hire a New York firm with dozens of attorneys, you may wonder if that effects price. Once again, it can be subjective. You may get a lower fee from the big firm, with the promise you’re case will be handled by a highly experienced lawyer but completed by a less experienced one. This is often a trick to get you to sign up. In many cases, the bankruptcy will take longer.

If you choose a smaller firm or a single bankruptcy lawyer, they may charge you more, but spend more time on your case. Or they could have openings and charge you less. It varies, but it shows that you should work beyond just referrals and lawyer websites. You should query several experienced New York bankruptcy attorneys in your area.

Can you reduce the price?
Yes, some lawyer fees are negotiable. It’s again dependent on the lawyer. In some cases, the fee will be non-negotiable, being the same fee everyone gets that’s posted online and in the contract. But really, if you’re filing bankruptcy an experienced attorney who wants to help can negotiate 1) how you pay and 2) how much. Some may not be willing to negotiate fees, but will negotiate how you pay them over time. Some might be willing to lower your fee if they see you cannot afford them and will have to hire someone else.

Where to Start
The State Bar of New York and New York law firms are online, and showcase many options. Be thorough, querying as many as you can. And look for the right fit.

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Bankruptcy Eligibility for Phoenix Arizona Residents

Friday, April 30th, 2010

If you are are a Phoenix resident interested in filing personal bankruptcy via either Chapter 7 or Chapter 13, you should first find out if you’re eligible. Once you figure out eligibility, you can take the next important steps in successfully filing and getting a fresh start. This post shows you how, specifically for Phoenix, Arizona residents.

The median income for all states is the basis for Chapter 7 bankruptcy eligibility. With changes in bankruptcy, if you make more than the median income you often have to file under chapter 13 bankruptcy.

Chapter 13 bankruptcy does have clear advantages, but first let’s go over eligibility for Phoenix Chapter 7 bankruptcy.

Eligibility for Chapter 7
As stated, eligibility is different in all 50 states. For Phoenix and all residents of Arizona, here are the numbers.

Phoenix Family of 1, Annual Income Limit $43,397
Phoenix Family of 2, Annual Income Limit $57,620
Phoenix Family of 3, Annual Income of 62,002
Phoenix Family of 4, Annual Income of $71,867
And it increases for each additional family member

Why File Chapter 7 Bankruptcy in Phoenix Arizona?
Chapter 7 bankruptcy has many advantages for Phoenix residents. The median income is about average in Arizona to all other states, noting a lower number than in past years because of the rise in unemployment.

Unemployment is one of the leading reasons to file bankruptcy. If you’ve lost your job, have a lot of assets and little income, Chapter 7 bankruptcy may be good. It can clear credit debt for one, and can be finished in a matter of months.

There are of course other reasons to file for bankruptcy, beyond simply unemployment and credit card debt. You may have high medical bills, for example. Or you may be in danger of losing all your assets and want to cut your losses and eliminate debt. Chapter 7 bankruptcy can do this. Chapter 13 bankruptcy is also an option.

How Can Chapter 13 Bankruptcy Help Phoenix Arizona Residents?
Chapter 13 bankruptcy is very different, but more important now than ever for Arizona residents and residents in other states. Because of the median income law where if you make too much you are not eligible, Chapter 7 is off the table for many. This isn’t necessarily bad.

For one, Chapter 7 bankruptcy means you can lose major nonexempt assets, such as your home and car. If you are still employed,  have an income, but fear foreclosure or the repo-man, you might want to talk to a bankruptcy attorney about Chapter 13 bankruptcy.

There are some eligibility laws for Chapter 13 bankruptcy too, which includes Arizona and all other states. You, as an individual or a family, must have less than $336,900 in unsecured debt such as credit cards, medical debts, and taxes. You must also have less than $1,010,650 in secured debt such as mortgages and car loans. Most people fit into this criteria.

What’s the First Step for Phoenix Arizona Bankruptcy?
The first step is to hire a professional Phoenix bankruptcy attorney who can help you figure out 1) what you’re eligible for and 2) what’s best for you.

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Posted in Bankruptcy Information, Chapter 13 bankruptcy, Chapter 7 bankruptcy | No Comments »

Before You Go into Foreclosure, Consider Hiring a Bankruptcy Attorney

Wednesday, April 28th, 2010

Did you know you can avoid or delay foreclosure by working with an attorney?

Filing bankruptcy can be scary. It sounds like throwing in the towel. Yet no matter how the economy is doing, no matter if you’re employed or unemployed, and no matter the size of your family, things happen. That may be a simple way of putting it, but when a $10,000 medical bill comes in, you fall behind on mortgage payments, or you lose your job, there is nothing easy about it.

What are your options if you fall behind in bills or lose your job?

Depending on your situation, you may be eligible to file bankruptcy.

Why bankruptcy? Technically, Chapter 7 bankruptcy can eliminate the majority of your debts. But this guide isn’t about eliminating debts, but helping you save your home from foreclosure.

You can, in fact, hire a bankruptcy attorney to save your home from foreclosure. If the lender on your home offers no way out, if they make it clear they won’t or can’t work with you, you might have to file for Chapter 13 bankruptcy. Chapter 13 bankruptcy includes in it the “automatic stay,” whereby you can save your home from foreclosure. This may sound too good to be true, and there is some fine print.

If you wait too long to file for Chapter 13 bankruptcy and hiring an attorney, technically the lender can file for a motion to lift the stay. Meaning: the automatic stay will be invalid. Also, they can appeal directly to the court to lift the motion at some point during the Chapter 13 bankruptcy. In both cases, you still have a very good chance of saving your home, especially if you have an experienced bankruptcy attorney.

What is Chapter 13 bankruptcy?
Chapter 13 bankruptcy is different than the more common Chapter 7 bankruptcy. Usually, filers have more in the way of assets. If you file for Chapter 13 bankruptcy, as long as you stay current on bills and the debt repayment plan, you can keep all of your assets.

While Chapter 7 is a liquidation where assets are sold to pay back debtors and your debts are discharged, Chapter 13 bankruptcy buys you time to pay back assets and can delay foreclosure proceeding — effectively saving your home.

How do you file Chapter 13 bankruptcy?
Chapter 13 bankruptcy can be very simple, especially if you hire an experienced bankruptcy attorney. You will have to appear before court in a Chapter 13 bankruptcy, but in a limited way.  Prior to the bankruptcy, you will have to take credit counseling with an approved agency. Once this is done, you pay the fee of $274 and file forms.

Hiring an  Attorney
Before even thinking of all the advantages of saving your home from foreclosure via Chapter 13 bankruptcy, you should query experienced bankruptcy attorneys in your area. This is simply a must. And when you hire one, make sure they are affordable, experienced, and not overloaded with clients.

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Tips Before You File Chapter 7 Bankruptcy in New York

Monday, April 26th, 2010

Want to file Chapter 7 bankruptcy in New York but have enough questions to fill a book? Well, there are some ground rules for filing New York Chapter 7  you need to be aware of, and tips you need to successfully discharge or pay back debt.

Are you eligible for bankruptcy in New York?
The two main forms of personal bankruptcy, Chapter 7 and Chapter 13 bankruptcy, have clear guidelines for whose eligible to file. In most all cases, you can file Chapter 13. It used to be the same with Chapter 7. With new bankruptcy code, you must now be at the median income or below in your state if you want to file for Chapter 7 bankruptcy.

For example, if you’re a single resident in New York, no matter what assets you have, but make less than  $46, 523, you can file under Chapter 7 bankruptcy in New York. The larger your family, the larger the median income limit. If you make less than $57,000 and your family size is 2, you can file bankruptcy. It goes up from there, as in  other states.

Sometimes you may not be eligible for Chapter 13 bankruptcy. If you have more than $336,900 in unsecured debt, you cannot file. If you have more than $1,010,650 in secured debt, you are not eligible.     However,if you have less than those numbers in unsecured and secured debt, as most do, you are eligible for Chapter 13.

To be sure these numbers are up to date, or for different states, you can find out the median income for your state, along with current bankruptcy code for secured and unsecured debt.

What bankruptcy is better for New York bankruptcy filers?
It depends on your current income status, mainly. What’s best for you can be helped with a professional  bankruptcy attorney. Here are some tips:

-If you have a lot of credit card debt, only Chapter 7 bankruptcy can eliminate it
-If you fear your home will go into foreclosure, Chapter 13 bankruptcy can delay it several years and help you keep it
-Chapter 7 bankruptcy does not eliminate tax or alimony debts
-Chapter 13 bankruptcy only buys you time: you still need money

How do you hire a bankruptcy attorney in New York?
Hiring a bankruptcy attorney comes down to many factors, including: experience, rates, and workload.

If your attorney has little experience in bankruptcy law, even if he or she is a friend, you should hire a professional. The more experience does not always mean more rates either, but some attorneys charge you higher than others. Lastly, you don’t want to hire a New York attorney who’s inundated with clients; good for him or her, but can slow the process for you.

Will there be more bankruptcy changes?
There will be more bankruptcy changes at the state level, likely every year as the median income changes. For New York residents, there are alternatives to bankruptcy, but sometimes bankruptcy is your best option. If you’re unsure, consult with a professional.

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What Can You Keep After Filing Bankruptcy?

Friday, April 23rd, 2010

The big question bankruptcy attorneys are asked is: What can I keep after filing bankruptcy? The laws can be complex when it comes to exempt and nonexempt property. So where do you start?

Exempt property is property you can keep. Technically, your home, car, and many possessions can be exempt if you are current on them. This depends on what form of personal bankruptcy you file–Chapter 7 bankruptcy or Chapter 13 bankruptcy.

Nonexempt assets cannot be kept in most cases unless you are filing Chapter 13 bankruptcy, where you have the opportunity to pay back assets over 3-5 years. Nonexempt assets can vary in value, but if you have few valuable assets, and are current on mortgage and car payments, you can often keep the majority of them.

For bankruptcy filers, hiring a professional bankruptcy attorney is simply a must.

What if you file Chapter 7 bankruptcy?
Chapter 7 bankruptcy is a liquidation proceeding where you cancel the majority of your debts, mainly credit card debts. You cannot claim mortgage, tax, alimony, college tuition, and many other forms of debt. You can discharge credit card debt, which is mainly why so many want to use Chapter 7 bankruptcy. Chapter 7 bankruptcy typically only lasts a few months; but bear in mind, any bankruptcy will stay on your record for some time, currently 10 years.

What if you file Chapter 13 bankruptcy?
It’s often noted that Chapter 7 filers are being forced to file Chapter 13. Why are fewer being allowed to file Chapter 7 bankruptcy? It’s mainly because people with higher incomes are filing. If you have enough money to pay expenses, but not enough to cover bills, Chapter 13 bankruptcy can buy you time to pay back bills. No possession–such as your home and car–will be taken if you stay current on them .Also, you get 3-5 years to pay back debts. If you fear home foreclosure, Chapter 13 bankruptcy can save it. It’s important to act early before the foreclosure goes into effect. If you are making enough money to pay most bills, but your house payments are behind, you should immediately inquire with a bankruptcy attorney as to your options.

What money can you keep after filing bankruptcy?
How much money you can have is another important question. If your home and car are valued too high, you may lose them with Chapter 7 bankruptcy. If your car equity is too much, these can be considered nonexempt debts. If on the other hand you have too much money in your account and you have a car or home, these could be taken. These laws can be complex, and  some state laws actually come into play concerning the value of exempt and nonexempt assets. If you’re unsure, a quick consultation with a good bankruptcy attorney can help.

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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.

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How Long Does Bankruptcy Last? Notes on Personal Bankruptcy Chapter 7 and Chapter 13

Monday, April 19th, 2010

Bankruptcy gives you a fresh start financially. But it’s not for everyone.

So when should you file for bankruptcy?

There are many theories posted online about this subject, but keep in mind few bankruptcies are exactly the same. In some cases, you might be trying to save the home you spent your life paying for. In other cases, you may have fallen into debt due to a medical condition. Even simple credit card overspending, or less than simple job loss, can lead to bankruptcy

Bankruptcy does have advantages, especially when you consider personal Chapter 7 and Chapter 13 bankruptcy. Filing for bankruptcy is not about giving up; it’s about reworking your finances so you can get a second chance.

The question posed in the title–how long does it take to file bankruptcy–is easier to answer than why you should file.

The process for Chapter 7 bankruptcy typically only lasts 3-4 months. You hire an attorney, file with the courts, get a trustee who liquidates your nonexempt assets, and then you are for the most part free of creditor harassment, demanding letters from the bank, and huge interest rates on your credit card debt. Still, Chapter 7 bankruptcy should only be used in certain cases: in some respects, it’s the best form of bankruptcy available; but in others, you might lose many of your assets such as your car and home. It depends on what assets will be exempt and nonexempt. For instance, you cannot cancel mortgage debt, so this won’t save your home from foreclosure. You can eliminate the majority of your debt, especially credit card debt.

Before Chapter 7 bankruptcy begins, hire a professional bankruptcy attorney to look over your case. As you’ll have to follow court guidelines such as taking debt management classes and showing your income and debt.

Chapter 13 bankruptcy typically lasts 3-5 years. You hire an attorney, file with the court, create a plan to pay back your debt over this period, and hopefully at the end you’re back on your feet. If you still have an income, can pay monthly expenses, and follow court guidelines, you will be better off financially within a few years. Many debtors who make enough money are now being told by courts to file for Chapter 13 bankruptcy; this is because Chapter 7 bankruptcy involving canceling credit card debt is much more common.

So we know how long Chapter 7 and Chapter 13 bankruptcy take. How long should it take for you to get a fresh start? If you have to file bankruptcy again, can you? Getting financially solvent is another complicated question, but with the right plan, with the advantages of bankruptcy, you can. However, this bankruptcy will remain on your credit report for 10 years, which can limit your spending.

You can file for Chapter 7 or Chapter 13 bankruptcy again after six years time has passed. At this point, it may seem like you can never get your finances in order. However, a good bankruptcy attorney can help you beyond the court room: he or she can also help you stop creditor harassment.

The advantages of bankruptcy are many, the time it takes most often a few months or a few years, and the costs small in comparison to what you gain. If you’re interested in filing for bankruptcy, if you want a fresh start, contact a good bankruptcy attorney today.

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How to Hire a Bankruptcy Attorney in New York

Friday, April 16th, 2010

If you are want to clear debts and  get a fresh start, Chapter 7 bankruptcy in New York can help. If you fear your home will go into foreclosure, you have many options with Chapter 13 bankruptcy and there are also alternatives to bankruptcy.

The first step in filing bankruptcy in New York is hiring a bankruptcy attorney. You must make this decision if you really want to file, and then who you’ll hire. This post will help.

Advantages of Bankruptcy

It was mentioned that alternatives to bankruptcy are often not as effective. Depending on how the courts treat your case, how much you owe, what assets you have, and what you make, filing bankruptcy has clear advantages
Chapter 13 Advantages: Save your home and property, and buy time to pay back bills
Chapter 7 Bankruptcy Advantages: You can clear most credit card debt, and many other debts

How to Hire a Bankruptcy Attorney in New York
If you look online, you can see thousands of bankruptcy attorneys just in the state of New York. Across the country, there are tens of thousands. However, they are not all equal, can have varying skills, and most important charge different rates. You want to hire a bankruptcy attorney in New York who is not overloaded with work, but is trusted. Referrals can really help in this process.

Create a list of potential bankruptcy attorneys you’re interested in. Research the topic, ask for referrals, and look over websites. Then, query attorneys on years experience, how many bankruptcies they file for clients on  a monthly basis, and how much they actually charge you.

How Can They Help You File Bankruptcy?
If you want to hire a bankruptcy attorney in New York, they must be knowledgeable of all laws concerning bankruptcy. They should also be willing to take calls from your creditors during the proceeding; if creditors call you constantly, this gives you peace of mind. Also, with new laws for filing  bankruptcy in New York and across the country, filing for Chapter 7 bankruptcy and liquidating your assets isn’t always an option. Now more bankruptcies are being changed to Chapter 13 bankruptcies, where you have to pay back debts and not discharge them.

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How to Choose a Good Los Angeles Bankruptcy Attorney

Wednesday, April 14th, 2010

Hiring Los Angeles bankruptcy attorneys is tough, right? In fact, with literally tens of thousands of attorneys and thousands of bankruptcy attorneys, it seems easy. You have many options. You can negotiate process. You can get the best one for the deal. Bankruptcy gives you a fresh start, but one of the most important choices you make is in hiring a good bankruptcy attorney.

However, not all Los Angeles bankruptcy attorneys are a good fit for you. First, some are dishonest and  overcharge you (over billing you on hours, for example). It should be said there are just as many if not more honest Los Angeles bankruptcy attorneys as there are good ones. It’s choosing between the two which is hard.

Making a List of Good Los Angeles Bankruptcy Attorneys
The best way to find bankruptcy attorneys in Los Angeles is to use the web. This saves time on cold calls. You can also work via referrals, as you may know someone who worked with a particularly good bankruptcy attorney. How many Los Angeles bankruptcy attorneys should you consider? There is no big rule on how many you can choose, but 5-10 in your initial list is good, as you can focus on the most experienced.

Initial Queries to Los Angeles Bankruptcy Attorneys
Once you have that list, you want to start making phone calls and sending emails, whichever is easier for you. You should confirm the attorney specializes in bankruptcy, knows federal laws, and can help you immediately.

Inquiring on Workload
You should also query the attorney on how much work they have, as well as who you will be working with directly. You don’t want to be one of 100 clients for one or two bankruptcy attorneys in a firm. You could ask them if they are overloaded, but just ask how much time they have to spend with you.

Asking on Fees for Bankruptcy Attorneys
Just as important as workload is affordability. Since not all Los Angeles bankruptcy attorneys are equal, have the same skills and degrees, you may not always want the cheapest or most expensive one. Choose an attorney who has helpful bankruptcy knowledge, can educate you on the process, has years experience, and does not charge a fortune. Hiring the first attorney you find may work out, but it rarely does; the same could be said of hiring the cheapest.

Hiring the Best Bankruptcy Attorney
Once you’ve made your list and inquiries, there will likely be a few standouts. You do want your attorney to be close so you can meet with him or her from time to time. Choosing may seem hard, but you don’t have to agonize over this. Be clear on rates, ask for references, and make an informed decision.

Filing Bankruptcy in Los Angeles
Does the idea of filing bankruptcy scare you? The sad truth is that many just like you feel the same way. A good Los Angeles bankruptcy attorney can offer guidance on how to handle your finances, how to clear debt, how to stop creditor harassment, and how to get a fresh start.

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