วันอังคารที่ 28 มิถุนายน พ.ศ. 2554

How Much Does A Bankruptcy Cost?

This is one of the most frequently asked questions that I get each day. When people are looking for an attorney to do something, they are thinking that it is like any other service, like a haircut or oil change, or to fix a leaky faucet. Those things are services that don't vary much, and are pretty routine, and can be compared by price. Before talking about price in a bankruptcy case, though, the thorough lawyer will examine what kind of legal relief is best for the client. After all, a price won't mean anything unless you know what it will "buy". So, the short answer is "it depends".
When people have financial problems, it is important to discuss all of their options. They may think that they need a bankruptcy, but need to talk to an attorney to review all of the consequences. Bankruptcy is not "one size fits all". When talking to an attorney about their financial problems, they will need to review information about all of the companies they owe (debts), and all of the things they own (assets). Then the attorney can have a discussion about each debt, and each asset, and what will happen if a bankruptcy case is filed. Depending on those factors, and the client's income, the attorney can make recommendations about their client's options.
Also, depending on the client's family income, they may qualify for either Chapter 7 (elimination of debts) Bankruptcy, or Chapter 13 Bankruptcy (payment plan). The fees are different in each type of bankruptcy case as well.
Generally, in an individual consumer case, we determine the legal fees based on the complexity of the case, amount of time we expect the case to take to prepare, and the amount of time we expect to spend after the filing of the case. While it may look like Bankruptcy is just a matter of filling up forms, in reality, there are many legal issues to consider. Also, we are required to gather and organize the client's documents so that we can prepare the case properly, and transmit the appropriate documents (usually 4 years of tax returns and 60 days worth of pay stubs) to the trustee. In preparing the case, we are required to do a "means test", which is based on the client's last 6 months of income. So the precise calculation requires specific pay information. After the filing of the case, we also represent the client at the meeting of creditors, and at any court motions by creditors. Also, if necessary, we negotiate separate agreements called reaffirmation agreements on merchandise or vehicles if the client wishes to keep the item, and can afford to pay for it.
In business cases, many more documents are reviewed, and more information is necessary for the bankruptcy petition.
By now, you may be saying, "Wow! Such a long answer to an easy question!" But you should also realize that the answer is not usually that easy. That is why we offer a free first consultation, so that by the time we get to the price, you'll know exactly what options you have, which is best for you, and what you will get for your money.

วันศุกร์ที่ 24 มิถุนายน พ.ศ. 2554

How Will Bankruptcy Affect My Credit?

A credit score, also referred to as a credit rating, is the score representing an individual's credit-worthiness. In simple terms, it is the rating given to a person's probability of paying his debts.
A person's credit rating is used mainly for three things: to buy a house, to buy a car, and to obtain personal loans. A credit score of over 750 is seen as excellent, while anything below 500 is considered poor.
How Does Bankruptcy Affect a Person's Credit Score?
Filing for bankruptcy will remain on your credit report for 10 years, but may not affect your credit rating for nearly that long. However, the fact that a person is filing for bankruptcy means that he has a lot of debt and is already behind on meeting debt obligations. His credit rating already isn't very good. Depending on your situation, Bankruptcy may actually raise your credit score,
Is There a Positive Side To This?
Bankruptcy certainly can hurt your credit rating, but, there is a flip side to this equation.
You can actually start rebuilding your credit after filing for bankruptcy because there is no longer any negative reporting such as late payments, charge-offs, unpaid accounts and the like. A bankruptcy discharge wipes out all your debt and gives you an improved debt to income ratio. The government designed bankruptcy as a way to start anew.
In Chapter 13 cases wherein you are given ample time to repay past debts, the best thing to do is to make you bankruptcy plan payments on time. In fact, your credit behavior after filing for bankruptcy will do more to help or harm your credit rating than the act of filing for bankruptcy.
Getting approved for a loan might be difficult, but there are certain lending institutions that will extend credit to borrowers post bankruptcy but don't expect to get the best interest rates at first.
If you are down on your luck and filing for bankruptcy is your best option, take the time to sit down and discuss your situation with a bankruptcy attorney. If filing for bankruptcy is something you cannot avoid, then by all means do so. If your quality of life can be improved by the elimination or restructuring of debt, by all means do it.
Take advantage of the fresh start afforded to you by the move and start rebuilding your credit rating. It might prove to be difficult at the start but healthy money management habits will definitely keep you from going into debt again.

วันพฤหัสบดีที่ 23 มิถุนายน พ.ศ. 2554

Find a Bankruptcy Lawyer to Solve Problems

Bankruptcy is an issue which has become quite common in the United States of America. This is mainly due to the economic recession which the world is suffering from. America too has been a country which has been hit by this recession and hence it is likely for people to have to deal with the problem of bankruptcy. There are however many reasons as to why people end up facing bankruptcy.
One of the main reasons why people suffer from this financial crisis is due to not being able to pay off their loans within the time period they are allotted. If the amount cannot be paid within the time specified, interest gathers up which increases the amount of money which is due. Due to not being able to pay, the bank or other financial institution to which the money is owed will make use of the collateral which was placed against the loan to ensure payment. Since the payment of the loan would not have taken place, the bank would take over whatever the collateral may be. This will only apply when the loan is a secured one.
If the loan is however not secured, this could lead to other problems for the person who has borrowed the money. One thing which would occur as a result of non-payment is the fact that his credit history will fall which will lead to problems when wanting to apply for a loan sometime in the future. Due to not being able to pay back the bank and suffering from inflation, a person could become bankrupt for which he would then need to hire a lawyer. Whichever area you are living in, you will need to consider a bankruptcy lawyer from there. Lawyers are always willing to help the people who may be facing any financial problems. These bankruptcy lawyers meet with clients on an individual basis and due to operating a small-scale business, they are able to help clear the debts of their clients in an easy and quick way depending on the type of bankruptcy case it is.
People are finding themselves drowning in debts which they cannot repay. They do not even have the necessary information to get themselves out of this misery. Bankruptcy lawyers help people by educating and informing them about bankruptcy law and how the whole process works. People need to be aware of the situations which result from having declared bankruptcy, how it should be avoided and what challenges they will have to face once their case goes to court.
Bankruptcy lawyers will also help with providing free consultations to clients for the first meeting and if then both parties decide to proceed with the case together, a fee will have to be paid to the lawyer. The lawyers will deal with each case depending on how severe it is and without letting any harm come to their client. Every lawyer wants to rid their client of the debts which he/she is in and this is exactly what the bankruptcy lawyers aim to do so that their clients can get back to living their lives. In order to get an appointment, the questionnaire available online must be filled before proceeding to the lawyer to avail their services.
Bankruptcy is not something people wish to face but due to the current economic situation, it is sadly something which almost everyone is dealing with. The only solution to this problem is to hire a good lawyer; one who is good at what he does and get your debts cleared up as soon as possible.

Foreclosure Schemes Mislead Desperate Home Owners: Bankruptcy Protection Is a Better Solution

A sad reality of today's economy is the number of people facing foreclosure. The thought of losing your home is traumatic. You may have already attempted to negotiate with the mortgage company, but found that a foreclosure is inevitable. If you are facing this dilemma, you need some good advice from an expert that can show you how to protect yourself. A bankruptcy attorney is an example of a professional that can provide solid advice. Bankruptcy protection may be your next best option. Unfortunately, many anxious home owners are prone to bad advice from unethical companies who see an opportunity to take advantage of their desperate situation. These companies attract these home owners by offering to show them a way out of foreclosure, and even claiming to get them out of their mortgage altogether. Some of these companies operate in a legitimate and ethical manner using an experienced mortgage attorney. Yet, there are a number of companies that attract vulnerable clients through misleading claims and empty promises.
I had recently been invited to interview with a company in Orange County, California that promoted itself as a non-profit consumer protection company. They claimed to specialize in helping people who were in trouble with their mortgages. The CEO of the company sent me a biography on the company and its founder. The information he sent was impressive. I was excited and intrigued about the thought of helping desperate home owners find a solution. I decided to do more research on the company and the topic of foreclosure rescue. After doing a great deal of research, I became very disillusioned. It seemed that many of these companies that provided this kind of service to home owners attracted their customers through deception and empty promises. After further research, I discovered that the company that I was to interview with was one of those companies. Their operation was not only acting unethically, but illegally. I was alarmed by the consumer complaints that were filed on the internet. This led me to further research on this company's license, court records, and the Better Business Bureau reports. The news was not good.
Over the last few years, news reports have circulated about subprime mortgages that were granted by inexperienced or unscrupulous underwriters leading to several lawsuits against the mortgage industry. Many of the homes facing foreclosure today were financed by a subprime mortgage. Many of these companies will attract customers by convincing them their mortgages were mishandled or illegally put together. They claim that they can locate flaws in their mortgage contracts that will get them out of their mortgage, and stop foreclosure.
The first thing they will explain to their client is that they must do a forensic mortgage analysis. Of course, this requires an upfront fee usually in the amount of $3500. Once the analysis has been paid for, the company will then ask for fees to file a complaint with the court to initiate the law suit. This fee can be as much as $10,000. These companies usually advertise no upfront fees. In fact, by California law, they cannot ask for upfront fees. According to many consumer complaints directed towards this particular company, several customers paid upfront fees without ever receiving an analysis or having a complaint filed with a court.
When an individual finds themself at the brink of foreclosure, bankruptcy protection should be considered as an option. While filing, bankruptcy may not prevent an individual from losing their home in the end, it will stop the foreclosure process and mortgage payments for up to three months. This gives the home owner one last chance to renegotiate with the mortgage company. However, when filing bankruptcy there are several other factors a home owners must consider besides their mortgage. For example, a bankruptcy takes all of an individual's debt into consideration when filing. Therefore, all debt including cars, credit cards, and medical debt must be considered in the bankruptcy court along with home mortgages. In addition, the bankruptcy court will separate an individual's debt into secured and unsecured debt. A home mortgage and auto loans are examples of secured debt. Credit cards and medical debt are usually classified as unsecured debt. These two types of debt receive different treatment in the bankruptcy court. An experienced bankruptcy firm will provide an individual with all the benefits, and disadvantages of filing a bankruptcy.
If you are faced with the foreclosure of your home it is important to get the solid advice of someone who is experienced. Too many companies in business prey on vulnerable people by claiming to provide an easy fix. In reality, very few people would benefit from the services a foreclosure recovery service offers. Only a small segment of mortgages have flaws big enough to file a worthy law suit. In addition, these lawsuits rarely relieve the home owner of their mortgage debt. On the other hand, filing a chapter 7 or chapter 13 bankruptcy is a legal option for most home owners about to face foreclosure. A reputable bankruptcy attorney can explain the advantages a bankruptcy has to offer, and smoothly lead them through the filing process, and court procedure.