Is Bankruptcy the End of the Road? Legal Advice You Can Use to Climb Out of the Hole

6:23 AM


When the modifications to U.S. Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul. The credit industry worked hard to get this passed, and at first blush, it does appear to work against debtors.


On the other hand, the changes did debtors a favor in some respects. By making it harder to seek bankruptcy protection, the new laws made it mandatory that those who might not need to declare bankruptcy go through credit counseling and enter a repayment plan if possible. The changes also revealed just how desperate creditors are to keep your debts from being written off completely. Armed with that knowledge, there are ways to avoid bankruptcy and right your personal financial ship.


Pennies on the Dollar


Everyone has seen or heard ads for law firms or other agencies that will work with creditors and settle your debts for virtually nothing. This can happen, but there are some caveats. One is that many such agencies are not reliable or trustworthy. If they are full-fledged law firms, they will have some oversight from the state supreme court's disciplinary counsel, as well as the local bar association. Even so, be wary and investigate before signing on with anyone.


Further, these agencies collect your money for a time without paying your creditors. Your accounts will get further behind while you pay them, knocking your credit score down nearly as much as a bankruptcy would. If you are struggling to make ends meet but paying on time or nearly so, this is a fairly unpalatable option.


Finally, to the extent that these agencies do help, you may be able to do the same for yourself. While some creditors are more willing than others to settle for lower dollar amounts, any of them would rather take something than nothing. Thus, if you are already that far behind, you might try saving yourself some fees that would be charged by the agencies by negotiating for yourself.


Credit Counseling


An adage that has been unfairly applied to lawyers is true in the area of credit counselors; 99 percent of them give the rest a bad name. Class action suits against these groups abound, and internet message boards are full of angry stories. A good credit counseling agency can help immensely.


The way such agencies work is to work out a payment plan with you based on what you can afford. They then apply it to paying off your creditors based on preset rate reductions. They are funded by the credit industry, which is a major turn off for some people. However, the credit industry pays them to do something that helps the consumer; they help you pay your accounts off, at a lower interest rate than you might get otherwise.


Again, many of these agencies are unreliable, paying late or not at all. Many creditors, upon your telling them you plan to work through a credit counseling agency, will try to talk you out of it for this reason. When they do, listen. You may be able to work out a better deal for yourself than the agency could. The creditors want to be paid to the extent possible; they have no incentive to ruin your credit by forcing you into bankruptcy.


If you do decide to go through a credit counselor, investigate first. Is the agency accredited? What complaints against them have been filed with the Better Business Bureau and how have they been resolved? Find a place you can trust.


Conclusion


There are ways to avoid bankruptcy in most cases. If you have lost everything with uninsured hospital bills, that is one thing. Being behind on your bills and overextended on credit need not push most people over that edge. Creditors want you solvent so they can collect something; you want yourself solvent so you can obtain credit again someday. The U.S. government wants you solvent so you can contribute to the economy. Look into your options and you will learn that you can usually find your way out of the bankruptcy hole before you hit bottom.

Author: Jeffrey Dean

About the author:
Jeffrey Dean is a copywriter for Yodle, a business directory and local online advertising company offering practical advertising solutions. Find more bankruptcy information at local.yodle.com/articles. Is Bankruptcy the End of the Road? Legal Advice You Can Use to Climb Out of the Hole

Article source: Free Bankruptcy Articles.



Read On 0 comments

Bankruptcy Boom Result of Recession

6:23 AM


According to a report released by the National Bankruptcy Research Center, personal bankruptcy filings are up 34 percent in January 2009 as compared to January 2008. Compared to the previous month, December 2008, filings were up 4.5%.


These increases are no doubt a consequence of the current economic crisis. The National Bureau of Economic Research (NBER) reports that the United States' economy entered recession in December of 2007.


Traditionally, recession has been defined as two quarterly declines in gross domestic product, but the Business Cycle Dating Committee of the NBER has taken a more comprehensive approach to defining recession. 'A recession is a significant decline in economic activity spread across the economy, lasting more than a few months, normally visible in production, employment, real income, and other indicators.'


Justin Berton, San Francisco Chronicle staff writer, wrote an article titled 'Economic Woes Lead to Bankruptcy Boom,' in the January 13, 2009 edition. He reports that membership in NACBA, the National Association of Consumer Bankruptcy Attorneys, has increased by one third in 2008 to 3,200 practicing attorneys.


In 2005 bankruptcy filings skyrocked to over two million non-business filings, due mostly to anticipation of the Bankruptcy Reform Act of 2005, which took effect on October 17, 2005, making filing bankruptcy much more difficult.


Those who were in poor financial shape had a strong motivation to file bankruptcy before the new law went into effect, rather than to try to work their way out of debt, since they would no longer have the insurance policy of bankruptcy after October 2005.


The Bankruptcy Reform Act of 2005 increased the amount of work it takes to file and decreased eligibility. Filers are also now required to take credit counseling and debtor education classes. Filings in 2004 had actually decreased to 1.56 million filings from the 1.625 million filings in 2003.


In 2006, predictably, bankruptcy filings crashed. Two effects were causing downward pressure on filings. First, filing demand had been cannibalized because many of those who would have, in the absence of the reform act, waited to file in 2006 were motivated to file in 2005 to avoid the restrictive new laws. Second, the restrictive new laws simply made many who previously were eligible to file ineligible.


What the credit card lobby took away through the Bankruptcy Reform Act, the tanking economy has given back. Many more United States citizens are now eligible to file bankruptcy, though no doubt, they're not happy about it.

Author: David B. Zwiefelhofer

About the author:
David Zwiefelhofer provides bankruptcy attorney services across the United States.
For help filing bankruptcy in Arizona, contact a Phoenix Bankruptcy Attorney. In Milwaukee, Milwaukee Bankruptcy assistance.

Article source: Free Bankruptcy Articles.



Read On 0 comments

Bankruptcy and Overseas Travel

6:22 AM


In Australia, after you are declared bankrupt, it is still possible to travel overseas during the period of your bankruptcy, provided that first you have obtained the written permission of your bankruptcy trustee to do so.


While this requirement may seem a bit daunting at first reading, in reality it need not be a serious impediment for you to do so, although in a media release dated 23/07/07 the government reported that prosecutions had been initiated where bankrupts had attempted to travel overseas without first obtaining permission from their bankruptcy trustee. No numbers were mentioned.


Overwhelmingly, over overwhelmingly the bankruptcy trustees seem to grant this permission provided that they are satisfied that the bankrupt is not trying to skip the country so as to avoid their responsibilities to the trustee in the administration of the bankruptcy.


Before permission will be granted you need to be able to meet any other current obligations to your bankruptcy trustee, particularly those that relate to any contributions that you are paying if your income is over the current Threshhold Amounts. These will have to be paid advance before you go. To determine this your bankruptcy trustee will want to know the details of your current income.


The official government line is that you need to have legitimate reasons for the proposed travel, for example, that the travel is for compassionate reasons or is a condition of your employment. I've never heard of any person not being given permission to go on the grounds that the trip was for a holiday.


I advise bankrupts to contact their trustee, in writing, about a month to 6 weeks beforehand, advising where you wish to go, the dates that you wish to leave and will return, and for some reason best known to the people who make up these rules, who is paying the fare? If someone else is paying, your trustee will need a confirming letter from that person.


Your will need to supply your trustee with an email address, telephone number and overseas contact address.


Then there's the big stick, and I wonder why they bother. The officials in charge also write that 'breaching a travel condition imposed by your trustee is also an offence under the Bankruptcy Act, with the penalty for this being up to 12 months imprisonment.'


In looking at media releases about bankruptcy prosecutions, I could find none reported in all 2007, and up to the end of September 2008 that related to bankrupts actually breaching travel conditions.

Author: Fred Appleton

About the author:
For more than 10 years Fred has helped people understand and deal with bankruptcy from the point of view of the person owing the money. Fred has helped thousands of people sort out their debt problems. From what people have told Fred, over the years, he is certain that bankruptcy can save lives and marriages too.
http://www.fredappleton.com.au

Article source: Free Bankruptcy Articles.



Read On 0 comments

Why Is There An Economic Crises?

6:23 AM


Why is there so much confusion surrounding the economy? The people who have been making the most money are the ones crying for the government to 'bail' them out. Out of what? Are they drowning in all that greedily gotten wealth? The automakers, petroleum pigs, real estate 'developers' are at the top of the list of people who, have without conscience, robbed the American people throughout the reign of their benefactors (Bush & Cheney). Now, while choking on a wad of hundred dollar bills, they are going after the tax money of the people who actually work for a living. They like to bluster and cry that they are 'losing' money. Not one of them has 'lost' money one single day in the existence of their organizations. When you make an exorbitant projection of how much you will make next quarter and fail to reach that outrageous goal, you have not 'lost' money. Failed to reach an unattainable goal for sure, but 'lost' money just as surely Not.
The question hangs over the country like a great weight; Will the next administration do anything about these pigs and their obscene greed? Or will it be graft and corruption as usual? Hopefully the aforementioned Hogs have gone far enough this time to affect some of the wealthier and more powerful among us who have the means to bring a halt to some of it at least.
How did this country of the people, by the people, etc. digress to the state that the people are losing their homes because of the actions of the very, very greedy? We turned a blind eye to the machinations in Washington, D.C.
We had worked ourselves into relatively comfortable lifestyles and never suspected for a moment that it would all be taken away by the same people who were sworn to protect and serve.
Nothing confusing about it. Greed. Simple, severe, Greed.

Author: James Mizzell

About the author:
I am James Mizzell, owner of 3 websites;
www.ghilliesandstuff.com
www.peggyspretties.com
www.melanesianskincare.com
I am retired and living in sunny Florida.

Article source: Free Bankruptcy Articles.



Read On 0 comments

Full Steam to Recession

6:22 AM


When I prognos. credit crunch and gloom of economy in the spring 2008, some people from outside rings of corporate world didn't believe me, some enterprenuers as well, for example host of Dragon's Den, that their retail results claim profit, not fall.Sharp fall started after Day Zero with fall of banks and 1st bailout but many people as watchers remember fall of Bingley bank etc.This was the first sign of huge earthquake.Now we hit lower bottom of high unemployment, state deficit, the second bailout and seeking where is the final bottom and than jump and rise back.Well,I can forecast from our financial analysis and modeling situation, the recession , if world will cooperate and UK hasn't really another option than 2nd bailout, better than more printed money and inflation so high as in Zimbabwe, will last max.1,5 year.But...inflation felt down and our financial and political situation is stabilis.Numbers of redundance aren't nice and will increase, but this economic earthquake will finish sooner than economical crisis in the 1930s.We need only see, this crisis isn't problem of USA or UK, it is global village and look on credit crunch as warning finger stuck in air and showing on us as consumers with waste.Now isn't time for attacking and cry.It is time for action and internal peace and seeking joy in not material things and also simple counting what is necessary for living and spending, when people are struggling with finances


The first rule for all nations is to stay in good, positive mood.It is hard but these things happen and will happen.take it as fact.If you read Ernest Hemingway's novel The Old Man and The Sea, it is briefly about old man lost in the sea when hunting fish of his dreams, alone, without help.Apply on this situation.In cruel conditions for staying alive you need concentrate and keep going - simple, if there is frost and you finish walking, you can die from frost.Another situation in downing in the water is, not kicking victim, because she can down you, so stay calm, cooperate with water and try to stay on water.How together?I think you understand.So what to do when you are suddently unemployment?
1.Trust to your family or good friends, speak with them, share your fear and problems.
2.Stay in touch with former colleagues, in networking, for positive mood, for better chance to find new job.
3.Fix and stay on your ordinary daily regime.It is taken from sailors on one boat travelling around thw world and staying on basic routine as daily times for meal, relax, sailing, sleeping and small security in dry meal, clean socks and order in things,Work is good healer and changing mood in positive way.Staying busy and finding some work in your house and staying in the same time of waking up, writting goals for seeking job and what to do during day as jobless like gardnering, drawing, helping old grandmother, visiting friends is very important.Plan programm, keep fit, walking.
4.Educate yourself.For qualification and better chance to have new job or only fullfilling old dreams to know how bake, dance, learn Spanish, chess.
5.Create a plan for jon searching, think, what branch of jobs you can need and are suitable for you or what you can offer for job, job positions, think about lowering bar for job rank or salary limit.Think in reality.Find websites, newspapers or ads on job office, ask friends and email your CV to companies and keep this routine every working day on the same basic.You can be without landing job still, but you know, you do everything for situation to have a job.Hope dies as last thing.You are not on endless sea.
6.Don't give up.if you seek the work you seek the work and you know, situation isn't easy.Stay in positive mood and without swearing or seeing things black.Tie belt, but smile.Japanese smile when telling about death, we are alive.Think how our ancestors had worse conditions than we have.
7.Prepare for every interview, search informations about companu, position, praise yourself and find connections and your pros what you can offer,
8.Don't blame yourself, your close family or friends.Don't make from yourself cheap slave or submisive idiot.Take the situation as reality and fact.There is credit crunch,Credit crunch was hee in 1990s, 1980s.Still you can ask for psychiatric help if you are at your personal buttom, but remember, people like you and after every rain the sun goes out.The sea has seaside and ports.
Good luck.I have also hard times, but remember old Churchill's proverb for my family:If you are in bullet, stay in.His speech about lonely United Kingdom in WWII was strong speech and I tell you:We will fight.

Author: Marketa Linden

About the author:
Marketa Linde is CEO of coorporate and marketing company CommuniCat with offices in London and New York.Born in Czech republic comes originally from paternal line of House of Windsor from sole child - illegitimate son of former HM King Edward VIII, Duke of Windsor as his oldest granddaughter, born as HRH Princess Marketa Helena of Bohemia, from May 2006 as Duchess of Windsor.

Article source: Free Bankruptcy Articles.



Read On 0 comments

How to Choose Your Bankruptcy Attorney

6:22 AM


Bankruptcy is a process that can negatively impact your credit rating for up to ten years. The process can take up to ten months and should be overseen by a professional. Choosing a bankruptcy attorney is an essential part of completing the successful process. Professionals can assist you through the bankruptcy process and ease the transition into your new lifestyle. Consider these aspects when choosing a bankruptcy attorney:



Find Seven Choices. More than seven choices may be too overwhelming for the individual to decide. It is important to compare services, rates, and value when meeting with attorneys. Most initial consultations are free --- at least for the first hour, this will allow you to meet with more than one attorney free of charge.
Get Recommendations. Recommendations from family and friends are some of the strongest opinions that you will receive. These opinions will be unbiased and truthful as your family and friends have your best interest at heart when making the referral.


Seek Advice Soon. The sooner that you seek advice when financial troubles are brewing; the more options are available to you. An initial consultation with a bankruptcy lawyer can surprisingly yield alternatives to bankruptcy including debt consolidation and debt counseling management. It is in your best interest to try avoiding the lengthy process of bankruptcy.


Question Everything. It is important to ask multiple questions in the initial consultation. It is important to determine which certifications that the bankruptcy attorney has. Ask the attorney how many bankruptcies that the lawyer has handled in the past. What was the outcome? What is the case load of the bankruptcy lawyer? If the lawyer has too many cases, is there enough time to adequately handle your case? How much access will you, as the client have to the case during the filing? Ask about the repercussions of bankruptcy and if the lawyer is part of a network of business professionals that can help the client to continue their financial education and avoid debt and bankruptcy in the future. It is important to realize how the proceedings will occur and who will have access to the case - will you be working with the same lawyer throughout the case? What fees are associated with the filings, and how are these fees paid? Using these methods you can create a plan that can help you ease through the bankruptcy proceedings. I'll also advise bringing a notepad and pen to take notes during the initial consultation, you should also have your questions prepared before arriving for the initial consultation.


Get Fee Assessments. As with most things in life, you get what you pay for. It is not always the smartest idea to go with the cheapest lawyer possible. Find out exactly what is included in the fee for service, and if extra fees are required for paperwork or the hiring of accountants. How are the fees paid? Chances are, if you are facing bankruptcy then the fees should be low because you are in a financially strapped situation anyway! Does the lawyer come with a flexible repayment plan? These are all aspects to keep in mind when choosing a bankruptcy attorney.


Making use of the steps above will give you a good starting point for finding the right bankruptcy attorney for you. Although bankruptcy should be treated as a 'last resort' strategy for getting out of debt, it is not the end of the world. Many people have recovered from bankruptcy --- it is important that you clear your debt and don't reenter debt. Keep a debt free life and you'll live a comfortable lifestyle.

Author: Michael David

About the author:
Michael David is an expert writer and content producer. Getting out of debt and staying out of debt isn't easy, if you follow the guided advice of one of America's top financial counselors, Dave Ramsey, outlined in his book The Total Money Makeover: A Proven Plan for Financial Fitness then you'll be one step closer to financial freedom and knowing if bankruptcy is the right option for you.

Article source: Free Bankruptcy Articles.



Read On 0 comments

Friendly blogs