Posts Tagged Bankruptcy

Avoiding An Ominous Bankruptcy In A Failing Economy

The choice on whether or not to go for a bankruptcy plan is a tough one. It can make the life of a consumer much less complicated, but only in the short term. Considering the fact that bankruptcies have effects that may last up to 10 years, the decision to obtain one is not a light decision to make in any respect.

The first step in avoiding a bankruptcy is avoiding spending money. Studies show that most of those who are in bankruptcy are young, have made poor buying decisions, and have more than one credit card. The logical thing to do is to either return or sell items bought on shopping sprees to help pay debts, and then learn better budgeting practices as time wears on. In some cases, counseling may be required as shopping can be additive.
Even when few options present themselves, there are ways to bypass a bankruptcy when all seems lost. Going to see a financial adviser is one method of getting an all-around solution to a very big problem. Budgeting solutions, debt consolidation, and refinancing can all be done through advisers who have the contacts needed to change the outlook of a consumer’s debt.

Interest rates are usually the culprit in making a circle of debt that seems like it can’t be escaped. Refinancing an interest rate is always a possibility in this case. Refinancing allows a debt to update the interest rate to current market conditions, and thus, vast savings may be had if the sum of debt is large enough. This definitely helps out large debts, where a small change can mean epic changes in overall debt.

Debt consolidation is also another way to help get around debt problems. If money is owed to a lot of different credit companies and lenders, it is a hard time to figure out who to pay and who to delay. While this can usually be handled with a financial advisor, consumers themselves can haggle with credit companies to make custom payment plans. As consumers find, companies are usually fairly lenient in how they get paid as long as they do get paid.
Of course, spending money isn’t always the problem in the equation. Making money, whether employed or not, is what should be targeted after expenses are lined out. obtaining a second job if employment is had is always a good idea. Otherwise, applying for government benefits of unemployment or disability can help alleviate the blow of debts that comes each month.

Bankruptcy may seem like an easy way out, and indeed it can be, it will have long-lasting effects that should be considered. Talk to a financial aid to find out more information on your options.

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Bankruptcy in the US

Today, when all the economies in the world is facing hard times, it is natural that, people are having a difficult time managing their finances. In the past consumer spending had increased to gigantic proportions, due to easy credit available though credit cards. This resulted in increased spending. Now with increase in interest rates, people are finding it difficult to repay their loans. Some misfortunate ones have to resort to filing for bankruptcy. Bankruptcy should be considered only after trying out other debt management methods like debt consolidation, repayment refinancing and IVA’s.

Bankruptcy is the legal action that can be taken by a person to reduce the amount of debt a person has and there are various options under which a person can file for bankruptcy. Chapter seven bankruptcy forgives all unsecured debt. But secured debt has to be repaid and it is not forgiven. Similarly chapter 13 bankruptcy deals with repaying some part of your debt in 3-5 years time. The person going for bankruptcy is placed on a budget with money allotted for basic necessities and the remaining amount is used to pay off the creditors. He has to follow the budget to get discharged of his debts. Such a person cannot take another loan or get into new debt.

A person filing under any of the above mentioned two sections will not have any claim over his assets, as they will be used to repay as much of the debt as possible. Non dischargeable debts like student loans, alimony, child support, taxes and cash advances will not be forgiven. Apart from these chapters there is chapter 11, used by individuals and businesses that have huge amount of debts. Chapter 12 deals with particular needs of farmers and their families who are in deep financial problems. This section helps farmers and their families to reorganize their debts so that they can keep their land and farms with them. A person filing for bankruptcy has to pay different fees like the filing fee and lawyer fee. Any one having financial problems must consider other options like taking the help of a financial counselor or consumer credit counseling service before thinking about bankruptcy option.

There are after effects of bankruptcy such as the details staying on a person’s credit report for about ten years. A person applying for a job, loan or a place to stay will encounter problems as others are less likely to trust him. When applying for a loan he may be unable to get one at reasonable interest rate and may have to pay substantially higher rates then normal.

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Credit Card Debt Settlement Opposed To Bankruptcy In The United States

Are you wondering which is better – to work out a credit card debt settlement or to file for bankruptcy but are not at all sure which is the right one for you then you need to take a few things into consideration before you make any decision which is right for you at this time. Perhaps it feels the right thing to do is to file for bankruptcy and leave all the hassles of nasty phone calls and demanding letters well behind, but lets look at some facts here.

So, you are in the position where you have been unable to pay off your credit card/s for quite a while now and its got to the stage where your card/s company have sold on your debt to a debt collection agency. Of course, the collection agency will contact you very soon as they want to get “their” money back and also profit too. They want immediate payment.

However, if not in the first instance, at least some way down the line, they will reduce the amount they are asking for, and very often it will be a very significant reduction of what was once the original debt. If you go ahead and pay, the debt collection agency will get, lets say, around 60% of the final payment you make, leaving just 40% of that for the original creditor/s.

However, when it does get to this stage in the affair, the debt collection agency will actually offer to accept a fair amount less than your actual debt currently stands at. So as an example let us say that the collection agency will receive, if you decide to pay them, a commission of 60% of the reduced debt offer. Following so far?

Although the card company is not going to receive anything near the initial amount owed to them this $3,200 is still more than they would attain in Chapter- bankruptcy. If you were to go for Chapter 7 bankruptcy they would receive absolutely nothing!

So at the end the card company will receive a total of $3,200, which although not nearly as much as you actually owe to them, is a more than they would receive in the case of a Chapter- bankruptcy. In a Chapter 7 though, they would not receive a cent!

But is this any clearer to you now than before? Probably not much. So, ask yourself this:
– how long does bankruptcy stay on your credit file?
Answer: 10 years
– how long does a settlement stay on your file?
Answer: 7 years

If you were to take the route of bankruptcy there are other fees to pay, namely:
– attorney fees
– a bankruptcy filing fee
– court fees
– a fee payable for a pre-filing debtor education course and you have to take the course too.
And if you were to default on the bankruptcy terms and conditions you would have to start again from the beginning, and would at the same time lose all that money paid towards the above costs. A high price to pay for no results!

Therefore, unless your debt is very much insurmountable, it most certainly makes very good sense to focus upon the debt settlement route.

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Finding the Right Los Angeles Bankruptcy Attorney

Exhausting all remedies prior to filing for bankruptcy is clearly important because bankruptcy is known as the “last resort.” Filing BK will remain on your credit report for as long as 7 years in a Chapter- and 10 years in a Chapter 7 bankruptcy filing. Therefore, consider all other options prior to filing.

You don’t necessarily need to hire an attorney to file for bankruptcy. However, it is always best to do so considering you are dealing with something so important as becoming debt free. Does your attorney know about the difficulties you are facing and how the new bankruptcy laws affect your financial situation? Do you have bank levies or wage garnishments? Are you a party to a lawsuit? Have you or are you facing foreclosure on your home? Make sure your attorney is aware of these situations and how he will handle these situations.

Your bankruptcy attorney must be familiar with the new laws that affect bankruptcy filings. In 2005, a new set of rules have been set in place making it difficult for individuals to file for bankruptcy. Although it has made it difficult to file for bankruptcy (more hurdles to jump through), for the majority of individuals out there, it is somewhat easy to qualify them under the new bankruptcy laws.

If you are trying to get rid of your debt, finding a competent and compassionate attorney is important. Cost is a big factor! If you have very little money, you may be able to contact the Law Offices of Alon Darvish and speak to an attorney to handle your bankruptcy matter.

Bankruptcy attorneys in the Los Angeles area tend to charge a lot of money ($2,500 to $3,500) for a simple Chapter 7. Many have been coaxed into paying this kind of money for such a simple bankruptcy petition. It doesn’t take much work for the attorney to file a chapter 7 bankruptcy petition.

Would you perform an operation on yourself? The answer is no! This is the thinking you should have when hiring a bankruptcy attorney. With something so important, don’t leave it in your own hands – hire a professional! However, don’t pay thousands of dollars when you don’t have to.

The case of paying for more isn’t always true. The average American doesn’t have such a complicated case when it comes to filing for bankruptcy. Yet attorneys tend to charge thousands of dollars for something so simple merely because they can. If you have a simple case (no assets, just credit card debt), you don’t need to pay $3,000 to file a simple Chapter 7 bankruptcy.

When contacting a bankruptcy attorney, you will usually be speaking with a paralegal or legal assistant. However, when considering to file for bankruptcy, make sure you speak with an actual attorney and not a paralegal. Attorneys know the law and they are the ones that can answer questions about your home, your car, and what debts can be discharged.

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Improve your Credit Score With Bad Credit Debt Consolidation Loan

While looking for a debt consolidation loan, what if you realise that you have a bad credit history? There is no need to worry about it. You can still apply for help to consolidate your debts with a Bad Credit Debt Consolidation Loan.

Bad credit is added to a borrower?s name when his credit history has
- defaults
- arrears
- CCJs
- IVAs
- Or people who have earlier filed for bankruptcy

Through this Bad Credit Debt Consolidation Loan, the borrower can borrow money at a lower rate of interest to pay off the earlier debts. This amount borrowed is equivalent to the total amount that is owed to different lenders. This money helps in paying off the debts of these lenders. It is used to remove all the debts. Also, this money is taken at a lower rate of interest. This way bad credit debt consolidation loan serves a dual purpose of removing debts and saving money.

Bad credit debt consolidation loan can be obtained either by secured or unsecured means. Pledging of asset as collateral is required in secured loan. This fetches a lower rate of interest for the borrower. However an unsecured loan can also be obtained for bad credit debt consolidation. No collateral is required in this but the term of repayment is shorter and the rate charged is comparatively higher. The amount approved for the unsecured bad credit debt consolidation loan is also smaller.

A bad credit debt consolidation loan helps in clearing the bad credit history of the borrower also. The borrower can repay the monthly installments and improve his credit score for the future.

Bad credit debt consolidation loan is a sure way of removing the burden of debt from a borrower. It saves money, removes debts and improves credit history of the borrower.

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Did Countrywide Get a Hand from the Fed

The question was all over Wall Street last week: Was the credit crunch threatening the survival of Countrywide Financial (CFC) (see BusinessWeek, 8/15/07, “Mortgage Lenders: Close to the Edge?”)? A bankruptcy filing by the largest U.S. mortgage lender would have jolted the economy, squeezing Countrywide’s many creditors and tormenting the already wounded mortgage and housing markets.

Then the Federal Reserve acted on Aug. 17, temporarily cutting the primary discount-window rate by 50 basis points. The move let banks know that the Fed was willing to add liquidity to the financial system, loosening up increasingly tight credit conditions. That eased, at least for now, some of the worries about mortgage lenders that have been stung by deteriorating conditions in the housing market.

Was the Fed action on Aug. 17 effectively a Countrywide bailout, saving a company many saw as too big to fail? Fed watchers and banking experts say far more is at work here. The Fed wasn’t reacting to Countrywide’s plight as much as the conditions that put the lender in such deep trouble.

“What happened with [Countrywide] is just a reflection of how quickly markets seized up,” says Nancy Vanden Houten, an economist at Stone & McCarthy Research Associates.
Fears of a Failure

Despite the worries and rumors, many thought a Countrywide bankruptcy remained quite unlikely.

Until recently, Countrywide was seen as one of the strongest and most durable of players in an industry stretched by rising delinquencies on subprime and other risky mortgages. Even as a Merrill Lynch (MER) analyst warned last week that Countrywide could be approaching bankruptcy, several other analysts were saying the firm would survive even a bad credit crisis.

“We thought they were overblown,” Morningstar (MORN) equities analyst Erin Swanson says of bankruptcy fears.

True, Countrywide’s creditors were getting nervous. Many mortgage lenders have been a victim of the freezing-up of certain parts of the credit market. Lenders raise cash to fund operations by reselling mortgages to investors on secondary markets. But many investors were simply refusing to buy up riskier debt.

With fewer chances to resell mortgages and nervous creditors, Countrywide had to call on an $11.5 billion credit line. Ratings agencies downgraded Countrywide debt. But Countrywide’s finances and earning prospects still looked good to many analysts. Deposits in Countrywide’s bank gave it stability lacking in other stand-alone mortgage lenders (several now bankrupt).
Dysfunction in Lending

Though Countrywide made its share of risky loans, it also handles billions of dollars in conventional and prime loans. It’s not as if the market was punishing Countrywide for “bad choices,” Vanden Houten says. Rather, the credit markets seemed to be panicking, punishing all mortgage lenders.

“While the housing and mortgage markets are severely challenged,” Piper Jaffray (PJC) analyst Robert Napoli wrote Aug. 17, “we believe the prevailing fear in the credit markets eclipses the actual credit and housing problems.” (Piper Jaffray makes a market in Countrywide stock.)

Countrywide’s problems were the latest signs of real dysfunction on credit markets, the so-called credit crunch, which threatens to crimp lending by banks and the issuance of commercial paper. Those are key foundations of the U.S. financial system, and threats to those foundations caused the Fed to act, experts say.

The Fed lowered the rate on borrowing from its discount window. That money is available to banks who need cash short-term. Lowering the rate “gives the banks another place to go to get liquidity,” says Donald Dutkowsky, a professor of economics at Syracuse University who has studied the discount window.
Fed Soothing

The direct effect on Countrywide is limited. However, as a bank, it could also use the discount window if it wanted.

The indirect effect, however, is to defuse the panic that has gripped credit and stock markets.

“Overall, it’s having a calming effect,” Swanson says. “That’s probably the biggest benefit right now.”

The Fed made clear it’s willing to intervene to deal with credit issues, and it hinted it is changing its stance on interest rate cuts. The fact that the Fed is more willing to lend itself “may lend a sense of calm that allows other institutions to feel more comfortable to borrow and lend from one another again,” Vanden Houten says.

Countrywide shares were up almost 12% by midday on Aug. 17.

But plenty of worries remain about Countrywide. The stock is still being punished by the last week of credit problems and bankruptcy worries. Before Aug. 17, it had fallen more than 33% in a week.
Countrywide Concerns

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Merging Depbt To Consolidate May Save Money

Bankruptcy or insolvency should be the last resort for any borrower. You should explore other options like individual voluntary arrangements, debt consolidation, etc., before filing an application for bankruptcy. If you are debt-ridden but hopeful for the future then there is no need to take such an extreme step by filing for bankruptcy if there are betters way for debt consolidation and relief.

Many people have successfully recovered from bad financial situations by smartly managing their debts. You can request your lenders to allow some extra time for repayments. If you think that lenders would not heed to your request or that you have already exhausted such an option, there is still a chance to recover. You can approach an independent financial adviser and request him to help in consolidating your debts. There are also many companies that can help you in negotiating with the lenders and trying to work out some possible solution.

Debt consolidation loans not only help those who are facing serious problems in repayment of debts but it is also a wonderful tool of financial management in the hands of habitual credit card users. It cannot be said that these loans are taken only by those who are in serious trouble over repayments. For many people, it is a regular affair to consolidate their credit card debts once the festival season is over after Christmas and New Year Eve.

In the UK, these loans are extensively used for merging the debts that arise during the course of festival season. People often overspend during festivals by using their credit cards and store cards. Besides, many people also take short term loans for enjoying Christmas vacations abroad. These debts are often consolidated in order to avoid high interest rates and also to get the convenience of a single repayment every month.

If you are ready to pledge your home, a debt consolidation loan of up to ?250,000 can be obtained. However, people who have smaller requirements or those who do not want to pledge their homes can apply for unsecured debt consolidation loans. These loans may allow you not more than ?25,000. Usually, these loans are taken by people who want to consolidate their small debts arising from credit cards and store cards.

Debt consolidation loans give you a better control over your finances. After consolidation, you are very much in command as far as your repayments are concerned. You can easily manage your monthly outflow of income that is used to service your debts.

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