Archive for the ‘Bankruptcy Alternatives’ Category

Credit Cards: Finance Charges, APR And How To Protect Yourself

Tuesday, April 17th, 2012

If you ever wondered what it takes to manage your credit cards in the smartest way possible, then this may be just the article you are looking for. Be sure to read all of the advice provided here in order to learn some of the best information available regarding credit cards. If you have gotten in over your head, be sure to contact a good Orange County debt settlement attorney to help you with your situation.

Read, memorize and then, understand the terms and conditions of each and every credit card you have. Know what the interest rate is, as well as, what each fee is and have the payment and bill cycles marked on your calendar. Doing this means there will be no surprises when it comes to your card.

In today’s world, much is done online. While you can handle your accounts any way that you choose, many people are managing their accounts online these days. If you choose to do this, have security as a focus, and make sure the credit card’s login site is encrypted. Your financial safety should be your first concern.

When it comes to using a credit card, be sure that you keep an eye on your balance, so that you do not exceed your limit. This is important because not only may you be charged a fee, but the company might also increase your APR. Your peak balance will also show on your credit report, and having a balance higher than your limit does not reflect well upon your report.

Want a credit card that gives you frequent flyer miles or cash back? Many people are a sucker for the frequent flyer miles, and that is a good program. Some companies offer both. If you have to make a decision, go with the cash back option. It is a much more lucrative deal, and it will benefit you much more as a whole.

Be sure that you only apply for credit cards that you know that you will need now, as well as, in the future. This is important because having too many credit cards may lead to irresponsible spending and living outside your means. Doing so may very well cause you to become buried in debt and have a hard time paying it off.

Bankruptcy

If you have gotten in over your head with credit, and have no idea how you will pay back your debt, don’t give up just yet. Many companies now have hardship programs which you can enter, that will lower your interest, set you up on a payment plan you can afford, and save you the damage of bankruptcy or litigation.

As soon as you begin to fall into financial trouble, cease using credit cards. By not doing so, individuals often find themselves in trouble. They begin charging monthly bills and then the interest accumulates, making it impossible to pay and often ending up in bankruptcy. This is credit card abuse, and this is something you should avoid at all costs. If you find yourself in this situation, be sure to contact a good bankruptcy lawyer in Orange County CA to get you back on track.

As mentioned earlier, you have an interest in credit cards and found a great place to research them. Be sure to take the advice provided here and use it in any circumstance that you run into with your credit cards. Following this advice will be certain to help you out immensely.

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Why Creditors Do Not Like Chapter 13 Bankruptcy

Wednesday, February 8th, 2012

“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/

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When Bankruptcy Is Not an Option

Tuesday, January 31st, 2012

“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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Poor Credit Scores and Bankruptcy

Monday, November 28th, 2011

“A credit score is a shorthand reflection of the information on your credit report, sort of a “grade” you earn for doing things that impact your credit history,” says Bert Briones, an Irvine bankruptcy attorney.

Paying bills on time, and doing other things that build your credit will give you a good credit score, while late payments and unpaid balances will give you a poor one. In most situations, a credit score of less than 400 is considered poor, but some institutions will even consider a score of 500-600 less than desirable.

With a poor credit score, you are less likely to be approved for things like lines of credit and loans. You may even have trouble getting things like phone lines, cable, or other utilities. Some businesses may require customers with poor credit scores to pay a large initial deposit before giving them service. Others may refuse service entirely. You will have a very hard time purchasing a home, car, or anything else that requires a loan.

People who owe more money than they have in assets may wish to declare bankruptcy. This raises questions about how bankruptcy will impact their credit scores. Fortunately, in most cases, the news isn’t bad for them- by the time someone declares bankruptcy, there’s usually nowhere their credit score can go but up.

In addition to that, the most widely used credit score, the FICO score, is calculated based on how someone matches up to other people in their demographic. One of these demographics is reserved for bankruptcy filers, so people who have declared bankruptcy won’t be compared to people with good credit histories, only those who have also declared bankruptcy.

As a result, filing bankruptcy may actually end up being a viable way to help improve your credit score, though it will still be virtually impossible to get a perfect score as long as bankruptcy is still present on your credit report.

After filing bankruptcy, there are other ways to help improve your credit score even more. The biggest one is to avoid the mistakes that caused you to declare bankruptcy in the first place. Obtain a credit card designed for people with poor credit, maintain a balance on it, and make more than the minimum payment each month. Pay all of your utility bills and mortgage payments on time. Over time, you’ll be able to rebuild your credit, and achieve a decent credit score.

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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Red Hill Law Group, PC Announces Enhanced Internet Presence Through New Video

Thursday, June 23rd, 2011

Read the full press release below:

http://www.onlineprnews.com/news/149620-1308780981-red-hill-law-group-pc-announces-enhanced-internet-presence-through-new-video-educational-series.html

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What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy?

Friday, June 17th, 2011

“Trying to figure out whether to file Chapter 7 or Chapter 13 can be difficult,” says Bert Briones, an Irvine, CA bankruptcy attorney at Red Hill Law Group, PC.  “Making the wrong decision can be disastrous to your particular situation.”

A Chapter 7 bankruptcy is often called a “straight bankruptcy” or just “bankruptcy”.  A Chapter 13 is sometimes termed a “wage earners” plan.

Important features of a Chapter 7 bankruptcy include:

  • Quick results, usually 3 – 4 months to complete
  • If you pass the “means test“, you can still file Chapter 7 even if your income is higher than the average
  • You have to give up any non-exempt property, and depending on your case, that can vary
  • You can keep your exempt property (varies by state)
  • You will not have to make monthly payments to a trustee
  • You may get to keep your house and car as long as you pay your loans on time

Important Features of a Chapter 13 bankruptcy include:

  • A home foreclosure can be stopped through an “automatic stay
  • You must have a steady income
  • A monthly payment plan for up to five years is paid to a trustee
  • A possible lien strip may be done, eliminating a second mortgage on a home
  • Repay some or all of your debts
  • If your income is higher than average, a Chapter 13 filing is more probable than a Chapter 7

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 personal finance/bankruptcy attorney.

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/

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Alternatives to Chapter 7 Bankruptcy

Wednesday, May 25th, 2011

“There are alternatives to filing Chapter 7 bankruptcy,” says Bert Briones, an Orange County, CA bankruptcy/personal finance attorney with Red Hill Law Group, PC.

Chapter 11 Bankruptcy

A Chapter 11 bankruptcy filing may be an alternative for debtors who may prefer to remain in business and avoid liquidation.  Under Chapter 11 of the Bankruptcy Code, the debtor may request a debt adjustment by extending repayment terms and/or reducing the amount of debt.  A more comprehensive reorganization plan may also be sought by the debtor.

Chapter 13 Bankruptcy

A Chapter 13 filing may be an option to explore for debtors who have a steady income and are seeking an adjustment of debts.  A Chapter 13 is often termed a “wage earners” plan and is a powerful tool that enables the debtor to protect property in times of financial hardship.  Once a Chapter 13 petition has been filed, the debtor has the opportunity to save a home from foreclosure.  A Chapter 13 repayment plan covers a timespan of three to five years.

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 personal finance/bankruptcy attorney.

We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.

Watch our Video:

What is Chapter 13 Bankruptcy?

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Can a Bankruptcy Filing Prevent Foreclosure?

Friday, May 6th, 2011

“Foreclosure is something you really do not want to happen, and the numbers of foreclosed properties are at an all-time high,” says Bert Briones, Principal Bankruptcy Attorney for Red Hill Law Group PC, in Orange County, CA. 

Foreclosure typically begins when a homeowner receives a legal notice called a Notice of Default (NOD). This notice usually gives the homeowner ninety days to bring their mortgage payments current. If the homeowner does not take care of the delinquency, or if other arrangements are not made, the home will most likely be foreclosed upon, following the issuance of a Notice of Sale.

After the Notice of Sale has been recorded in county records and copies mailed to the homeowner, the homeowner’s rights will be extremely limited; basically the only right the homeowner will have at that point is to pay off the defaulted mortgage in full.

Generally, a foreclosure sale will then be conducted in a public place, transferring the house back to the lender or sold to another buyer.

One way to stop foreclosure is by filing bankruptcy, which may help you gain extra time to catch up on bills and possibly save your home.  An “automatic stay” will be enforced by the court in order to prevent eviction from the house while your court case is in process. A Chapter 13 filing will help you save your home; whereas, a Chapter 7 filing will only remove liability.

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 personal finance/bankruptcy attorney.

We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.

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What is an “Automatic Stay”?

Thursday, April 21st, 2011

“The automatic stay goes into effect immediately upon the filing of a bankruptcy petition by a debtor,” says Bert Briones, Principal Attorney of Red Hill Law Group, PC, an Irvine, CA Bankruptcy/Personal Finance Law Firm.

The automatic stay prevents creditors from making collection efforts against a debtor, including phone calls, letters, repossession, foreclosure, lawsuits, garnishments, and levies.

The purpose of the automatic stay is to protect the debtor and the debtor’s property from the reach of creditors while at the same time giving the debtor an opportunity to work out a repayment plan. In other words, the automatic stay freezes the debtor’s assets, preventing individual creditors from picking away at them and ultimately destroying the debtor’s chance at a fresh start.

In a Chapter 7 case, the automatic stay protects not only the debtor’s property, but any equity he may have in that property. It also ensures that any non-exempt property is distributed fairly among the debtor’s unsecured creditors.

In a Chapter 13 Case, the automatic stay protects property of the debtor which may be critical to the success of his Chapter 13 plan. Moreover, in a Chapter 13 case, the automatic stay prevents creditors from making collection efforts against a non-filing co-debtor.

As to property, the automatic stay remains in effect until it is lifted or terminated by the court or until such time as the property is no longer a part of the bankruptcy estate. As to a debtor, the automatic stay remains in effect until the case is dismissed, the case is closed, or the debtor receives or is denied a discharge.

Official notice of the automatic stay is included in the Notice of Chapter 7/13 Case which is served on creditors by the Clerk of the Bankruptcy Court. If the case is filed on the eve of a foreclosure or repossession, the debtor’s bankruptcy attorney should notify the creditor of the bankruptcy. If a lawsuit is pending against the debtor, his attorney should file a Notice of Bankruptcy with the court in which the lawsuit is pending.

There are certain legal situations which are exempt from the reach of the automatic stay. These situations include:

• The commencement or continuation of criminal proceedings
• The collection of restitution or fees incidental to a criminal proceeding
• Contempt proceedings meant to preserve the integrity and authority of the court
• The collection of alimony, maintenance, and child support payments
• Proceedings to establish paternity or to modify alimony, maintenance, or child support
• Where a landlord has obtained a pre-petition judgment for possession of the property
• Certain instances where a previous bankruptcy case has been dismissed
• Where there is a presumption that the case was not filed in good faith

Please call Red Hill Law Group, PC with any questions or to schedule a free face-to-face or phone consultation with an experienced personal finance/bankruptcy attorney. We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.

Use your Smartphone to connect with the Red Hill Law Group website instantly using our QR Code:

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What is Involved With Filing Bankruptcy?

Thursday, April 14th, 2011

“Making a decision to file for bankruptcy should not be done lightly,” says Bert Briones, an Irvine, CA bankruptcy attorney with Red Hill Law Group, PC.  “You must sit down and carefully go through all of your options, debts, payback periods, and amounts.”

If you can pay off your debts in a reasonable time, it is often to your advantage to just deal with it for another three, six, or nine months and pay them off. 

If you are leaning toward bankruptcy, before you make the final decision, you should sit down with an attorney and let him or her analyze your situation and give you their advice on the best route to go for you, not for your creditors.

Often times, bankruptcy choices involve legal technicalities that you will most certainly not be aware of; this is when you need the expertise of an attorney.  Also, choosing which chapter to use is usually best made in conjunction with your attorney.  They will certainly know much more about it and the legal problems and barriers than you will.

Once the decision has been made, then comes the collection of all the information that will be necessary for a clean and complete bankruptcy filing.  This information will include bills, statements, letters (both nice ones and unpleasant ones), and any notices you have received.

You will usually also need to compile your paystubs for the last six months (more if possible) and dig up your tax returns for the past three years.  This information will be required by the Bankruptcy Court in order to make an informed judgment on your behalf.

An attorney will also ensure that all of your information is put into the correct legal forms for the court to deal with.   These forms can be confusing and challenging, but they will not be that way to your lawyer.

In addition, your attorney will confirm that all of the bankruptcy paperwork is properly filed in the right format, in the right office, and by the proper date.  Bankruptcy courts are not known for wanting to help a petitioner straighten out all of the paperwork, forms, and documentation.

Then, there will be the matter of the Bankruptcy Hearing.  In a Chapter 7 or Chapter 13, there is only one hearing required and it is normally a breeze as long as you are represented properly.  Facing it yourself can be a very intimidating, confusing endeavor.

Please call Red Hill Law Group with any questions or to schedule a free face-to-face or phone consultation with an experienced personal finance/bankruptcy attorney. We can be reached at 877-343-3289, or please use our contact form and you will be contacted within the next business day.

 For a Free Bankruptcy Guide, please use the link below:

http://orangecountybankruptcysite.com/

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