Posts Tagged ‘United States’

Bankruptcy 101: Chapter 7 or 13?

Monday, June 28th, 2010
Seal of the United States bankruptcy court. Ch...
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Bankruptcy 101: Chapter 7 or 13?

Bankruptcy is all over the news and even in pop culture lately.  In fact, it’s becoming so popular that some economists are projecting that 1.7 million bankruptcies will be filed 2010!  That’s a huge jump from the 1.3 million filed in 2009.  Clearly people are finding bankruptcy to be a feasible solution to their current financial difficulties.

However, most people still don’t really understand what bankruptcy is and how they could benefit from it.

For example, I recently received an e-mail from a potential client who is considering filing for bankruptcy.

“Can I file for bankruptcy?  I heard there are two different kinds of bankruptcy but I don’t know which one I qualify for or which one is a better option. Which chapter should I file?”

With all the myths circulating about bankruptcy, it’s no wonder that she is confused.

First of all, there are two main types of personal bankruptcy that can be filed by the average person.

Chapter 7

Chapter 7 bankruptcy wipes away all of your debt through a process called liquidation. Basically, the court takes over all non-exempt assets and sells them in order to pay off a portion of your debt. All of your assets will be first looked at and some will be labeled as exempt.  For example, you may be allowed to keep an amount of clothing, some funds for personal expenses and even a vehicle.  The remaining assets will be taken over by the court and sold in order to pay off your debts.  At the end of a Chapter 7, your debt will be wiped clean.   Some types of debt that cannot be eliminated include alimony and child support, student loans, and any debt labeled as fraudulent (in other words, no maxing out your credit cards right before your bankruptcy!)

Chapter 13

Chapter 13 bankruptcy is another option for people who want to avoid the liquidation of their assets e.g. your home.  Chapter 13 is a restructuring of your debt.  You will pay back a court determined manageable portion of your debt over a span of 3 – 5 years.   This is a viable option for people who have equity in their home.  Also, if you file a Chapter 13 you may still be eligible to file a Chapter 7 at a later date.   However, if you file a Chapter 7, you’ll be unable to file again for another six years.  To qualify for a Chapter 13, you must have a job or a source of income to pay back your debt.

Bankruptcy is an option that may seem daunting, confusing, and just plain scary to most people.   It doesn’t have to be that way.  The best option is to speak to a bankruptcy attorney and receive a full bankruptcy consultation.   The attorney will go over your eligibility for bankruptcy and will present you with all of your options.

If you’re considering bankruptcy, please contact us today at 877-343-3289 and one of our Senior Advisers can get your file reviewed by an attorney. Bankruptcy doesn’t have to be scary.  Remember: bankruptcy was created in order to relieve consumers of debt that they are unable to pay. If you’re in this situation, there are laws to protect you.  Speak to an attorney today and use the law to get the relief that you need.

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Check out our New Video Page!!

Friday, March 19th, 2010
NEW YORK - MAY 20:  In this photo illustration...
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You can see videos regarding The Secret History of Credit Cards, and The Card Game, produced by PBS. Both of these videos show you how credit card companies are abusing the consumer and waging war on every Americans financial survival.

Click Here: DRLG’s New Video Page

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Credit Card Reform Act starts February 22, 2010!

Monday, February 15th, 2010
President of the United States Thomas Woodrow ...
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“I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men.” (Woodrow Wilson-28th United States President)

The abuses by credit card companies are FINALLY being scrutinized.  It’s about time the U.S. government stepped in to protect the people of this country.  This new Act doesn’t fix all the problems, but it does take a good bite out of the pie known as consumer abuse by credit card companies.

Here are some things you should know about the protections that will be put in place by the new Credit Card Reform Act:

- No increase in interest rates in the 1st year a new account is opened unless:

  • you are 60 days late
  • you have a promotional period (promo period must last 6 months)
  • you have a variable interest rate card

- If they want to increase your rate after the 12 month period:

  • they must notify you 45 days in advance, in writing
  • they must give you the option to decline the new rate and payoff the balance on the original terms

- The Act restricts the creditor ability to increase the rate on existing balances unless:

  • you are 60 days late
  • you have a promotional period
  • you have a variable interest rate card

- *This is big for consumers* When was the last time your mortgage rate was increased because you were late on your car payment? Never! is the answer, and now credit cards have to play by the same rules as every other lender. The new legislation prevents card companies from raising your interest rate when you miss a payment on a different debt, known as the ”universal default clause.”

- Billing statements must now show consumers how long it would take to pay off your current debt if you only paid the minimum amount due each month. This will shock many of us, but even though it is a hard pill to swallow, the medicine will help us keep our financial health better in the future.  Also, every statement must now show consumers how much they would have to pay to zero out the balance in 36 months.

- This one seems like a no-brainer, but I guess that is asking too much from creditors. If you pay above the minimum balance, the payment must be credited towards the higher interest rate balance first. Currently, on most cards, you are paying off the lowest rate balance first. For example, cash advances are at a higher rate, under the new laws, cash advances must be credited first.

- If the consumer is 60 days late, the creditor may increase the rate, BUT they must reduce the rate to the original amount after the consumer makes 6 minimum payments in a row.

- Due dates will be on the same day every month instead of varying dates each month as it is currently.

-  Anyone under 21 must have a co-signer. This will protect the country’s youth from indebtedness before they fully understand the ramifications.

If you find yourself in credit card debt and would like to find out how you can legally reduce the amount you owe, click here to talk to one of our law firms advisors now, or fill out the contact form here and we will contact you. Debt Relief Law Group is a consumer advocacy law firm helping clients out of debt every day, call us at 877-533-2863 for more information.

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BK Filings in Orange County Hit New Record in Jan 2010

Friday, February 12th, 2010
Aerial view of Orange County, California, the ...
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Bankruptcy filings by Orange County individuals and businesses hit a decade high for January, according to new data from the U.S. Bankruptcy Court Central District of California.

Source: U.S. Bankruptcy Court Source: U.S. Bankruptcy Court

The highest monthly number of filings ever in the Orange County court in Santa Ana was 4,214 in October 2005 just before federal bankruptcy laws changed making it more difficult to discharge all debts through the bankruptcy courts.

But January’s filings are a continuation of the troubles Orange County residents and small businesses have had since the housing bubble burst and the long and deep recession that pushed the local unemployment rate as high as 9.8%. In December it was 9.1%.

Orange County isn’t alone. Here are numbers for the entire Central District of California, which encompasses eight Southern California counties (click on image for a larger view):

bankruptcy-by-area Source: U.S. Bankruptcy Court

Job loss, high medical bills or the self employed who lose significant revenue in the downturn are the top reasons individuals file for bankruptcy, according to  bankruptcy attorney Benjamin Yrungaray in the Costa Mesa office of First Source Law.

Some experts aren’t surprised that large numbers of bankruptcies continue to be filed.

“Everyone I talk to expects first and second quarters of 2010 will have a lot more business filings,” bankruptcy attorney Jim Bastian of Shulman, Hodges & Bastian in Foothill Ranch said late in 2009. “Expect an uptick in commercial real estate (filings) and some retailers, who will come through the holiday season and realize after the first of the year their sales were not as good as they hoped.”

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