Posts Tagged ‘Credit card’

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.

Bankruptcy Decisions – When it Makes Sense to File for Chapter 7 or Chapter 13 Bankruptcy

Monday, March 29th, 2010

It’s often depressing to look at your finances, see you’re in debt over your head, and admit you have to file bankruptcy. While in many cases alternatives to bankruptcy do exist, whether it’s Chapter 7 or Chapter 13 personal bankruptcy, it’s often clear filing bankruptcy is your best option. Does that mean your house will go into foreclosure? How bad will it be?

In many cases, filing bankruptcy is a logical, if somewhat scary decision you make when you’re out of options. If you are financially in trouble when it comes to your home, job, health insurance, and credit card debt, filing bankruptcy is wise.

This needs to be said because many individuals and families struggle for far too long before they admit they need to file Chapter 7 or Chapter 13 bankruptcy. It’s almost considered giving up. By the time you do make the decision, you’ve lost a lot already and you’re worse than you would have been if you’d made the decision earlier. That goes against why bankruptcy was created–for helping individuals rebound from tough economic times, joblessness, and outstanding debts.

So when do you make the decision? Instead of blaming yourself, file early and take advantage of the law. “You can use Chapter 7, the most popular type, only once in eight years, so draw up a ‘no kidding’ plan for living on your income when you’re finally clear,” says Jane Bryant Quinn for Newsweek.

When to file Chapter 7 or Chapter 13 bankruptcy:
-When you still have assets to protect but you’re financially stuck
-Before you decide to pay back huge bills
-When tap IRAs and 401(k)s
-When you have outstanding medical bills (which can be canceled by bankruptcy)

Speaking of IRAs and 401Ks, you should never use these as an alternative to filing bankruptcy. After all, these are your future, and are meant to provide for you later, not now. These are mainly protected by bankruptcy, so ask your bankruptcy attorney about them.

Never wait for medical treatment–dental, eye, or otherwise–because you are out of money. These can be part of your Chapter 7 bankruptcy filing, or paid back in a reasonable amount of time with Chapter 13 bankruptcy.

Since you can use Chapter 7 bankruptcy once every 8 years, it’s a clear alternative to tapping into funds your future depends on.

So how do you make the decision between Chapter 7 and Chapter 13 bankruptcy? With new bankruptcy laws, Chapter 7 bankruptcy is off the table for many. Now, people are being told to file for Chapter 13 bankruptcy. In short, Chapter 7 bankruptcy clears the majority of your debt, from mortgages, to medical bills, to credit cards. There are some nonexempt items which you may lose here.

Chapter 13 bankruptcy is less about canceling debt and  more about creating a longer time frame for repayment. If you make too much money, you may be forced to file Chapter 13 bankruptcy instead of Chapter 7.

Choosing between the two calls for 1) research and 2) professional counsel. Hiring a professional bankruptcy attorney ensures your financial future will be safe.

Personal Bankruptcy in Ontario, California

Tuesday, January 19th, 2010

If you are like hundreds of other Ontario residents facing home foreclosure or unable to pay your bills due to a death, high credit card bills, an expected medical crisis or a divorce, you may be looking for a financial solution. Bankruptcy has been created by the federal government for individuals just like you who simply need a fresh financial start and have exhausted all other possible solutions.

Filing bankruptcy in Ontario is a very serious decision and should not be done without first contacting an Ontario bankruptcy lawyer. If filing bankruptcy is right for you, you may be able to file Chapter 7 bankruptcy in Ontario and discharge either all or a part of your personal debt. If you do not qualify for Chapter 7 bankruptcy, you may be able to file Chapter 13 bankruptcy. Filing Chapter 13 bankruptcy may allow you to restructure your debt with more favorable repayment terms and repay your creditors over a three to five year time period.

Filing Chapter 7 Bankruptcy in Ontario

One of the simplest, least expensive and quickest bankruptcy methods to discharge personal debt is through Chapter 7 bankruptcy. Recent changes to bankruptcy law have made filing Chapter 7 bankruptcy more difficult and an Ontario bankruptcy attorney should be contacted to verify a filer’s eligibility. Filing Chapter 7 bankruptcy in Ontario will allow the filer’s non-exempt assets to be sold and the proceeds from the sale to be used to repay the filer’s creditors. Certain assets are considered exempt and are not part of the liquidation process.

The first step to file Chapter 7 bankruptcy in Ontario is to contact an Ontario bankruptcy attorney who can file the bankruptcy petition. Exempt assets, non-exempt assets, creditor information, and filer’s income are all included in the petition. A review of the bankruptcy petition will be done by the bankruptcy court. A trustee is assigned to sell the filer’s assets and a meeting is held for the creditors (341 Creditor’s Meeting). For most Chapter 7 bankruptcy cases the filer’s debts and the bankruptcy proceedings will be concluded within four to six months.

Filing Chapter 13 Bankruptcy in Ontario

Chapter 13 bankruptcy in Ontario differs from Chapter 7 bankruptcy. Chapter 13 bankruptcy is not a liquidation of assets but rather a reorganization of creditor payments. The filer is allowed to work with their Ontario bankruptcy lawyer to create a new bankruptcy repayment plan. The bankruptcy repayment plan is a three to five year debt repayment schedule and must be approved by the bankruptcy court. Only filers who have a steady income can file Chapter 13 bankruptcy in Ontario. A filer’s unsecured debt can not exceed $269,250 and their secured debt can not exceed $807,750.

Personal Debts Not Eliminated By Filing Personal Bankruptcy

Non-dischargeable debts are not discharged by filing personal bankruptcy. Non-dischargeable debts are outlined in federal bankruptcy laws and do not vary by state. The following debts are not discharged by filing bankruptcy in Ontario, California:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Ontario
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy

Personal Bankruptcy in San Diego

Friday, January 8th, 2010

If you are like thousands of other California residents who are unable to pay their medical bills, credit card bills or facing home foreclosure, a San Diego bankruptcy attorney might can help. San Diego debtors who have exhausted other financial options to regain their financial footing may be able to liquidate their assets by filing Chapter 7 bankruptcy or restructure their debt payments by filing Chapter 13 bankruptcy.

Many people want to know when it is the right time to file bankruptcy. Unfortunately, there is no right answer to that question, but a San Diego bankruptcy lawyer can answer questions about current bankruptcy laws and identify if you qualify for Chapter 7 bankruptcy or Chapter 13 bankruptcy.

Filing Chapter 7 Bankruptcy in San Diego

Filing Chapter 7 bankruptcy in San Diego can be an inexpensive, quick and simple way for San Diego residents to discharge their debts and start over financially. Chapter 7 bankruptcy is the most common type of bankruptcy filed. Filing Chapter 7 bankruptcy allows for the liquidation of a debtor’s non-exempt assets to repay their creditors. Many debtors do not have property or assets to liquidate and this type of bankruptcy is considered a “no-asset” bankruptcy case. Most Chapter 7 bankruptcy cases can discharge a debtor’s qualifying debt within four to six months after the bankruptcy petition is filed.

San Diego residents who are considering filing Chapter 7 bankruptcy in San Diego should contact a San Diego bankruptcy lawyer who can file the bankruptcy petition in the proper San Diego bankruptcy court. The bankruptcy petition will include a list of the debtor’s exempt and non-exempt assets, income, creditor’s information and debt. A bankruptcy trustee will be assigned to review the petition, meet with the creditors at the 341 Creditor’s meeting and sell the debtor’s assets to pay their creditors.

Filing Chapter 13 Bankruptcy in San Diego

Filing Chapter 13 bankruptcy in San Diego does not discharge an individual’s debt immediately but will allow for the debt to be repaid over 3 to 5 years with a repayment plan. Many times the repayment plan provides much more favorable repayment options. Filing Chapter 13 bankruptcy in San Diego may allow San Diego residents the option to stop a home foreclosure and keep their assets.

Only certain qualifying individuals will be able to file Chapter 13 bankruptcy in San Diego. To qualify, a debtor must have an income source that can be used to make payments for their repayment plan. Unsecured debts can not exceed $269,250 and secured debts can not exceed $807,750.

Personal Debts Not Eliminated By Filing Personal Bankruptcy

Certain debts are not discharged by filing Chapter 7 or Chapter 13 bankruptcy in San Diego. Federal bankruptcy laws outline the types of debt that are not discharged and because the bankruptcy laws are created at the federal level they will be the same for each state. If an individual files Chapter 7 bankruptcy or Chapter 13 bankruptcy in San Diego, the following debts will not be discharged.

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in San Diego
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy

Filing Personal Bankruptcy in Modesto

Wednesday, January 6th, 2010

Modesto residents who are considering filing bankruptcy in Modesto, California should contact a Modesto bankruptcy lawyer for information on current bankruptcy laws. Filing bankruptcy is a very important decision which should not be made without considering all of your financial options. Recent changes to bankruptcy laws have made it more difficult to file Chapter 7 bankruptcy in Modesto and discharge all of your debt immediately. Many Modesto residents will now be forced to restructure their debt payments by filing Chapter 13 bankruptcy instead of Chapter 7 bankruptcy.

Many people want to know if it is the right time to file bankruptcy. There is no right answer to this question, but hundreds of Modesto residents who have suffered an unexpected divorce, death, medical crisis or high credit cards bills and have found financial relief by filing bankruptcy in Modesto.

Filing Chapter 7 Bankruptcy in Modesto

Filing Chapter 7 bankruptcy in Modesto can be one option for eliminating most if not all personal debt (except if the filer has debt considered non-dischargeable). Personal debt which can be discharged by filing Chapter 7 bankruptcy includes high credit card bills and medical bills. Filing Chapter 7 bankruptcy in Modesto allows the filer’s non-exempt assets to be sold and the proceeds from the sale to be used to pay creditors.

The first step in filing Chapter 7 bankruptcy is for the Modesto bankruptcy attorney to file the bankruptcy petition in bankruptcy court. The filer will provide a list of all of their assets (exempt and non-exempt), creditor information and the amount of debt they owe for the petition. After the bankruptcy petition is approved by the bankruptcy court, a 341 Creditor Meeting is scheduled and a court appointed trustee is assigned to sell the filer’s assets and repay the creditors. Filing Chapter 7 bankruptcy in Modesto can discharge most filer’s debts within four to six months.

Filing Chapter 13 Bankruptcy in Modesto

Filing Chapter 13 bankruptcy in Modesto does not immediately discharge the filer’s debts, but it can stop home foreclosure, property repossession and wage garnishments by allowing the filer to restructure their debt payment with a new three to five year repayment plan. Many times the repayment plan can have more favorable repayment terms.

Filing Chapter 13 bankruptcy is not an option for all Modesto residents. Individuals must have a steady income available to make their bankruptcy payments under the new schedule. To file Chapter 13 bankruptcy filers also can not have secured debt greater than $807,750 or unsecured debt greater than $269,250.

Personal Debts Not Eliminated By Filing Personal Bankruptcy

Filing Chapter 13 or Chapter 7 bankruptcy in Modesto only eliminates certain debt outlined under federal bankruptcy law. It does not matter where the filer lives, the dischargeable debt allowed will be the same for every state. Modesto residents should discuss their eligible dischargeable debt with a Modesto bankruptcy attorney. Filing bankruptcy in Modesto, California, does not eliminate the following debts:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Modesto
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy

Personal Bankruptcy in Encino

Monday, December 28th, 2009

Millions of Americans have found themselves unable to pay their medical bills, mortgage and high credit card bills. Filing bankruptcy may be one option for Encino residents who have exhausted all other options to regain their financial footing. If you are considering filing bankruptcy in Encino, an Encino bankruptcy attorney can help.

Filing bankruptcy is an important decision. Many people want to know the “right time” to file bankruptcy, but unfortunately there may not be a right answer. Filing Chapter 7 bankruptcy in Encino eliminates debt by liquidating a debtor’s assets. Filing Chapter 13 bankruptcy allows Encino residents to restructure their debt payments. If you have suffered through a divorce, unexpected death, high medical bills or exorbitant credit card debt and need help, contact an Encino bankruptcy attorney for information about current bankruptcy laws.

Filing Chapter 7 Bankruptcy in Encino

Filing Chapter 7 bankruptcy in Encino, California, will liquidate the debtor’s non-exempt assets to repay their creditors. If the debtor does not have property to sell, the bankruptcy case is considered a no-asset case. Chapter 7 bankruptcy can be a cheap and inexpensive way to get a fresh financial start. Residents who file Chapter 7 bankruptcy in Encino may have their debt discharges within four to six months after the bankruptcy petition is filed.

The first step in Chapter 7 bankruptcy is to contact an Encino bankruptcy attorney who will file the bankruptcy petition in the appropriate bankruptcy court. The debtor must provide their financial information including a list of their property, debts, income, and non-exempt and exempt assets. A bankruptcy trustee will review the bankruptcy petition, meet with the creditors (at the 341 creditor’s meeting) and sell all non-exempt assets to repay creditors.

Filing Chapter 13 Bankruptcy in Encino

Filing Chapter 13 bankruptcy in Encino will not automatically allow for a discharge of debt by liquidating the debtor’s assets, instead, Chapter 13 bankruptcy allows the debtor to create a three to five year bankruptcy repayment schedule (often with more favorable repayment terms). Filing Chapter 13 bankruptcy in Encino can be better for many debtors because they will be able to keep their assets.

Debtors can only file for Chapter 13 bankruptcy if they have a steady income source to make payments for their repayment plan. Debtors also may not have unsecured debt above $269,250 or secured debts above $807,750.

Personal Debts Not Eliminated By Filing Personal Bankruptcy

Filing bankruptcy in Encino does not eliminate all personal debt. The types of debt not eliminated by filing personal bankruptcy are outlined under federal bankruptcy laws and will be the same for all of the states. The following personal debt will remain after filing bankruptcy and creditors may continue to their collection actions even after bankruptcy has been filed:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Bakersfield
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy
Reblog this post [with Zemanta]

Filing Personal Bankruptcy in Los Angeles

Wednesday, December 23rd, 2009

Are you drowning in personal debt unable to pay your medical bills? Do you refuse to answer your phone afraid it might be a creditor calling? If you live in Los Angeles and you are considering bankruptcy a Los Angeles bankruptcy lawyer can answer your questions about bankruptcy law and determine if you can file Chapter 7 bankruptcy or Chapter 13 bankruptcy.

Filing bankruptcy in Los Angeles is a very difficult decision and should not be made without considering your other financial options, but if you find yourself unable to pay your mortgage, overwhelmed with high credit card bills or facing a home foreclosure, filing bankruptcy may be the best option for a fresh financial start.

Filing Chapter 7 Bankruptcy in Los Angeles

Filing Chapter 7 bankruptcy can be faster and less expensive than filing Chapter 13 bankruptcy. Chapter 7 bankruptcy can discharge most unsecured debt within four to six months after filing the bankruptcy petition. The first step in the filing Chapter 7 bankruptcy in Los Angeles is to contact a Los Angeles bankruptcy attorney who will file a detailed bankruptcy petition in the appropriate bankruptcy court. The bankruptcy petition will list all of the debtor’s assets, property, debts and other financial information. After the petition is filed a meeting with the creditors will be scheduled (341 Meeting). A trustee will be assigned to sell all non-exempt assets and will use the proceeds from the sale to repay the creditors. If the petition is approved and the creditors do not object to it all qualifying debts will be discharged within four to six months.

Filing Chapter 13 Bankruptcy in Los Angeles

Filing Chapter 13 bankruptcy in Los Angeles will not liquidate the debtor’s assets, but instead will allow the debtor to repay their debt with a bankruptcy repayment plan. The repayment schedule will last from three to five years. After all the requirements of the plan have been met the debts will be discharged.

Filing Chapter 13 bankruptcy in Los Angeles allows debtor’s to maintain their property and stop home foreclosures. Not everyone will qualify for Chapter 13 bankruptcy. Debtors who are considering Chapter 13 bankruptcy must have a steady source of income to meet the terms of the bankruptcy repayment schedule. Debtors also can not have unsecured debts exceeding $269,250 or secured debts exceeding $807,750.

Personal Debts Not Eliminated By Filing Personal Bankruptcy

Federal bankruptcy laws outline the types of debt that will not be discharged by filing bankruptcy and the non-qualifying debts are the same for all of the states. Los Angeles residents considering filing bankruptcy should contact a Los Angeles bankruptcy attorney for more information about non-qualifying debt. The following debts will not be discharged by filing bankruptcy in Los Angeles:

  • Most back taxes
  • Child support and alimony payments
  • Certain student loans
  • Purchases of luxury items within ninety days of filing personal bankruptcy in Bakersfield
  • Fines owed to federal or California government agencies
  • Debts generated from fraudulent activity
  • Recent cash advances of $825 within 70 days of filing personal bankruptcy

Credit Card Debt And Universal Default

Friday, December 4th, 2009

Changes that will be implemented when the Credit Card Act of 2009 goes into effect in February will provide relief from some of the credit card industry’s most damaging practices. The biggest one to go down in flames when the law takes effect will be Universal Default.

The way that Universal Default works is that if you are over 30 days behind on payments to any one of your creditors, your interest rate can be raised on debts unrelated to the balance you are behind on. In other words, lets say you owe bank 1 $10,000 and are up to date on payments, but you also owe bank 2 $500 and have missed a payment and it is 30 days late. Bank 1 can raise the interest rate on your balance simply because of the missed payment showing up on your credit report.

Universal Default provisions are especially hard on debtors when they face financial difficulties and can be devastating to those who have fallen behind on house payments or medical bills and are now penalized by credit cards that they have managed to keep current on.

Understand that the practice is still legal until February 2010 when the law is set to take effect. Many credit card companies and banks are using the provision to squeeze as much out of consumers as possible.

It may be simplistic to say that you should pay your bills on time to avoid the effects of a Universal Default provision.Sometimes bankruptcy can help erase credit card debts that are growing exponentially due to skyrocketing interest rates. Other times the debts can be included in the Chapter 13 payment plan and cleared in 3 to 5 years.

If you are in over your head with credit card debts, you should discuss your situation with a bankruptcy attorney so that you can learn what your options are and face your problems head on.

Reblog this post [with Zemanta]