Thinking About Bankruptcy? A List Of Dont’s Pt. 2

in Finance - Debt Consolidation
by Mallory McGuinness-Hickey

Don’t repay family members. The thing is that they can’t be treated different than other creditors. Under the law, relatives have the same exact legal status as every other creditor that you owe. Thus, relatives can’t be treated differently than all of the other places. I know that stinks, however it’s the law.

Don’t liquidate your retirement account! They are usually exempt property in a bankruptcy regardless of what chapter you file, so it’s unnecessary to do this. Some people liquidate and still owe massive amounts of money, and if you withdraw these funds early that makes you liable for taxes and penalties which might not be discharged in the bankruptcy.

Don’t transfer property out of your name before you file bankruptcy. Its just a bad idea. This action can be undone if a fair price isn’t received, or if it were made with intent to hinder, defraud, or delay a creditor. Friends and relatives slip into this category too.

Don’t use your equity line of credit to pay off your debts. Under most federal and state laws, you do have the option to claim exemption for the your home equity. That way, you can go through bankruptcy and still be able to have this equity.

So in a nut shell, if you utilize your equity line to pay off debt or take out a second mortgage, you will pretty much be converting debt that would have been discharged in bankruptcy into debt which you will still need to pay so you can keep your house.

And one last do: Always speak to your attorney with honesty and make them fully aware of all of your concerns. Courts take their rules seriously and have the ability to file criminal charges if intention fraud is committed. And even if they don’t go that far, they can refuse to discharge a particular debt, or simply dismiss the entire case.

About the Author:
0 Comments

A Brief Explanation of Bankruptcy And A List Of DONT’S Part 1

in Finance - Debt Consolidation
by Mallory McGuinness-Hickey

Filing for bankruptcy is a no small matter. The most extreme of all financial makeovers, financial analysts continue to warn us that it should be used as a last resort and that bankruptcy shouldn’t be entered into without knowing what you are doing.

Bankruptcy is stamped onto your credit report for a full ten years. And without a decent credit report, your ability to obtain a car, living situation or employment could be greatly hindered. If you are filing, it is a good idea to keep in mind that this is a big deal, and you should do your best to plan for your bankruptcy.

In America, there are five chapters of bankruptcy that you can file for. Chapter seven is the most common form. A trustee will collect non-exempt property and will sell it and distribute the proceeds to the creditors. Chapter nine is a bankruptcy that is only available to municipalities. It’s pretty much a form of reorganization, not liquidation.

Chapter eleven, twelve, and thirteen are more complicated because they involve letting the debtor keep some or all of her property while they use her future earnings to pay off the debt. Most consumers file chapter seven or chapter 13. Chapter 11 filings are mostly for businesses, individuals are allowed, but are a rarity. Chapter twelve is similar to Chapter 13 but is only available to “family farmers” and “family fisherman” in certain situations.

Now for the list of bankruptcy DON’Ts.

First off, don’t use your credit cards once you’ve made this decision. It’s just a bad idea to incur even more debt that you don’t intent to repay. It makes you look suspicious, so you could lose your right to cancel out that debt in the bankruptcy. Thing is, there were bankruptcy reforms in 2005 that are responsible for lowering the threshold on so called luxury purchases to five hundred dollars and extended the abuse period to ninety days before filing. Anything you buy in this period will be under extra scrutiny.

About the Author:
0 Comments

The Ins and Outs Of Consumer Debt Collection – What Collection Agencies Can And Cannot Do

in Finance - Credit
by Mallory McGuinness-Hickey

One day a collections letter appears. Then another, more aggressive collections letter appears. All of this followed by phone calls, some warning you about bad credit reports and potential legal action.

Collection agencies are often hired by creditors to retrive debt. Because many of these companies work for commission, the collectors are more likely to go after the money owed with gusto. Although this may all seem intimidating, it is important for you to know your rights.

Collection agencies in reality do have the right to report your debt to credit bureaus. Satisfying the debt will not result in it being removed from your credit reports. Instead, it will be marked off as “paid.” Collection agencies also can request a debtors credit report to analyze the person’s financial situation, or to get an updated address and phone number. Furthermore, although collection agencies do not like to send many accounts back, there are specific incidents where they will refer their account back to the creditor and recommend filing a law suit.

There are codes and procedures by which collection agencies must abide. Letters should appear in ambiguous envelops that do not reveal the intent of the letter. With phone calls, a collector can’t disclose the reason for the call. One example would be if a collector reaches an answering machine. they cannot explain why they are calling, all they can do is leave their name and a number where they can be contacted.

Although collection agencies are permitted to contact a debtor’s place of employment, they absolutely cannot get a debtor fired from their job. They are not able to make any kind of information concerning the debt public, although they can communicate openly with credit bureaus. Despite the fact that many people believe that a collection agency could legally seize a debtor’s bank account, paycheck and assets, the company cannot unless their has been a successful law suit ordering them to do so. Under no circumstances can a collection agency threaten a debtor with violence.

Even though some collections companies attempt to practice illegal strategies to get money, there are also a large number of reputable ones. With financial issues like debt, it is always crucial that you know your rights.

About the Author:
0 Comments