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Reason # 4 Why Bankruptcy Maybe an Option for you

Thursday, May 5th, 2011

REASON # 4 foreclosure

BY Maxwell Law Firm
Foreclosure is the Legal process initiated by the lender by which borrower is deprived of his interest in the property, typically triggered by default by the debtor/borrower.

Deficiency- Another ACTION brought Following a foreclosure sale the proceeds of which are not sufficient to cover debt, lender can sue the borrower to recover remainder of debt.

Tax Implications

Borrower may have to pay income tax to IRS for unpaid balance paid to the lender, unless certain criteria are met (see conditions for mortgage tax relief.)

Credit Impact

Foreclosure stays on your credit report for 8 years like any other negative item, making it difficult to buy another home or a car int he near future.

What are your options If you are facing foreclosure
Option # 1 Deed In lieu of Foreclosure-Mortgagor hands over a deed to mortgagee in satisfaction of the debt. First lender must accept this arrangement and they typically do not. This is almost like a voluntary repossession and stays on your credit report just as long as a foreclosure.

Option # 2 Equitable Right of Redemption- Debtor’s right to redeem foreclosed property. Requires full payment of the mortgage debt in it’s entirety. Typically if you are in foreclosure you are not able to do this. Further more the damage has been done to your credit (Missed payments).

Option # 3  Short Sale –Within the lenders control and has the same impact on your credit as a foreclosure.

Option # 4 Bankruptcy–Federal protection from foreclosure and stops all foreclosure proceedings. With this option if you file  and qualify for a chapter 13 you can modify your mortgage loan interest. If you qualify and file a chapter 7 you can catch up on the payments and keep your home and possibly submit a loan modification during the process. Yes Bankruptcy stays on your credit report for the same amount of time as foreclosure BUT you can take care of other debts that you have as well such as unpaid medical bills, tax debt, stop car repossession, and the list goes on.

If you are looking for a  Foreclosure Defense Firm and or a Bankruptcy Attorney in
Charlotte or Concord North Carolina Area Please Call Maxwell Law Firm, PLLC
at 704-461-1883 or contact us here

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TOP REASONS WHY PEOPLE SHOULD FILE FOR CHAPTER 7 BANKRUPTCY

Monday, April 25th, 2011

BY BANKRUPTCY

  1. ELIMINATE LEGAL OBLIGATIONS—you can get out of contracts (cellphone, gym ect), return property, reduce your financial responsibility on certain debts.
  2. STOP FORECLOSURE –once you file something called the automatic stay is triggered and that stops all creditors from collecting on debts owed or contacting you.
  3. PREVENT REPOSSESSIONS—again the automatic stay stops creditors from acting including regaining possession and control over the property. During this period you can catch your payments up so that you can keep the property. Remember in a chapter 7, one of two things happen you can affirm property if you are current on it or you can surrender it if you do not intend to keep it and avoid repossession (an additional negative item). If you are not current the creditor, after the automatic stay, can then seek to recover the property as their only form of relief.
  4. Eliminate High Medical Bills—medical bills are unsecure debts which can be completely discharged in bankruptcy.
  5. Loss of Employment or Income –loss of income can affect your ability to pay your debts and stay current so this factor that is taken into account when determining your ability to file for chapter 7.
  6. Stop Wage Garnishments—the automatic stay applies here to stop even IRS from garnishing your wages once you have filed and they have received notice.
  7. Stop Collection Calls—the automatic stay applies to creditor calls, letters, or any action and is valid for up to thirty (30) days after filing.
  8. Prevent Utilities from being turned off—same as number 7.
  9. Relief from high student loan payments—although student loans can not be discharged unless you are severely mentally incapable of being able to work and pay them back (i.e. Jamie Foxx in the soloist) you can get the payments reduced once you file for bankruptcy.
  10. Prevent creditor fraud—often times creditors tack on these usury or extremely high  
  11.  ELIMINATE OR REDUCE TAX DEBT —tax debt that due more than three years ago where a return was return was filed within the last two years or more can be discharged.
  12. REBUILDING CREDIT—you can eliminate several negative items with one bankruptcy, which will stay on your credit for 8-10 years but will enable you to rebuild your credit immediately.

Maxwell Law Firm, PLLC assists clients with Chapter 7 Bankruptcies in the Charlotte/Concord Metro Areas call 704-461-1883 for further information.

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BOA Has resumed foreclosures that it halted last year

Thursday, January 27th, 2011

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In banks we trust? Churches in U.S. hit by foreclosures

Thursday, January 27th, 2011

posted by charlotte chapter 7,

by Michael Babad

These are stories Report on Business is following today. Get the top business stories through the day on BlackBerry or iPhone by bookmarking our mobile-friendly webpage.

Churches hit by foreclosure
Churches in the United States are finding they’re not immune to the real estate crisis.

Many churches, The Wall Street Journal reports today, also can’t pay their mortgages because they took on too much debt and now face smaller congregations and declining collections amid high unemployment levels.

Banks have foreclosed on almost 200 religious facilities since 2008, the news organization says. That’s a huge increase from just eight in the prior two years and almost none in the decade earlier.

And, the report says, hundreds more face foreclosure or bankruptcy.

"Churches are the next wave in this economic crisis," Rev. Jesse L. Jackson Sr., president and founder of the Rainbow PUSH Coalition, a non-profit civil-rights group, told the newspaper.

U.S. home prices sink again
Is there any bottom in sight for the embattled U.S. real estate industry?

The S&P/Case-Shiller home price index, a widely followed measure of the health of the sector, showed today that prices in 20 cities sank 1.6 per cent in November from a year earlier. That’s the biggest annual drop since late 2009.

Notable here is that in eight cities, prices hit new lows compared to their peaks. And the situation is expected to only worsen this year as foreclosures speed up.

"While the U.S. economy continues to improve, the housing market clearly remains in recession," said CIBC World Markets economist Krishen Rangasamy.

The question now becomes whether the U.S. housing market, where all the troubles began so long ago, is in a double-dip.

The November reading, said Toronto-Dominion Bank economist Alistair Bentley, reinforces the probability that such a double-dip is indeed under way, and prices are projected to fall below the those at the depths of the recession. The backlog in foreclosed homes will keep pressuring prices, he said.

Paul Dales, the senior U.S. economist at Capital Economics in Toronto, projected a further drop of more than 5 per cent in prices this year, which would put them almost 5 per cent below their previous low point.

"That will send more homeowners into negative equity and constrain consumption growth," he added.

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Los Angeles, Jacksonville lead nation in bankruptcy filings

Sunday, January 16th, 2011

By Eric Sanderson

posted by charlotte chapter 7

The federal court districts that include Los Angeles, California and Jacksonville, Florida experienced the highest number of bankruptcy filings during 2010.

Florida’s Middle District, which includes the Jacksonville, Fort Myers, Orland and Tampa metropolitan areas recorded nearly 67,000 filings, about half of what California’s Eastern District saw during the year.

In both cases, as many as one out of every 100 these area residents declared bankruptcy during the year, The Florida Times-Union reports. Many of these filings included Chapter 7 and Chapter 11 filings, which are reserved for personal bankruptcies and liquidations.

“For our parents’ generation, the idea of bankruptcy was morally wrong. Now everybody knows someone who’s done it,” Robert Wilcox, a bankruptcy attorney with Brennan, Manna and Diamond, told the news source.

Most individuals in these districts opted for Chapter 7 filings, which can cost between $1,500 and $2,200 dollars but erase thousands of dollars worth of debt. While this was the popular option in 2010, Chapter 13 filings have been on the rise across the country in recent months as consumers continue to struggle with unemployment and a weak housing market.

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WHAT BANKRUPTCY INFORMATION SHOULD YOU KNOW

Friday, December 31st, 2010

posted by Charlotte Bankruptcy Lawyer

30.12.2010 | Author: Mortgage | Posted in Finance

Under the New Bankruptcy Law people filing Chapter 7 Bankruptcy are required to undergo credit counseling. A major economic change is to make people more financially responsible.

People facing bankruptcy hope to get out of non-payable debts or hope to keep the roof over their heads by saving their home from foreclosure. Bankruptcy does and can offer a fresh financial start if your bankruptcy filing is real and successful. Bankruptcy filing is a protection offered by the U.S. Bankruptcy Codes not found anywhere else and should not be abused. An automatic stay keeps the creditors at bay while providing you a much-needed reprieve to work out your financial situation. Filing bankruptcy online is provided by a number of companies who have a network presence nationwide. Filling up a short and quick online form on websites such as Bankruptcy Only can help you get in touch with a good Attorney for Bankruptcy Information.

Under the New Bankruptcy Law, people filing Chapter 13 Bankruptcy Information are required to undergo credit counseling. A major economic change is to make people more financially responsible. Credit counseling shows them ways and means to renew their hope and determination in dealing with their financial situations. Selling off every non-exempt possession to get out of debt is only an extreme solution and not a means to start afresh whenever the going gets tough.

Instead, people can now file Chapter 7 Bankruptcy to keep both exempt and non-exempt properties from liquidation while paying debts with any source of income still present. These include wages, business profits, pensions, social security, child support or alimony and earnings from royalties and rents. Chapter 7 and chapter 13 address the Personal Bankruptcy Information while the rest address corporate bankruptcies.

A business in difficulty with multiple creditors or a huge debt and facing bankruptcy needs Business Bankruptcy Information. Chapter 11 bankruptcy deals with this. A business is allowed to continue and the profit revenue generated is used to service the debts. This helps the owners of a business get rid of their debts while retaining their business.

A Chapter 11 Bankruptcy is usually filed as a petition with the state bankruptcy court where the debtor has a residence. A petition may be a voluntary petition when it is filed by the debtor, or it can be an involuntary petition, which is filed by creditors as a requirement for the courts to intervene and help them recover their debts partly or fully. Chapter 11 results in reorganization of the debtor’s business and can be used as a mechanism for liquidation. Debtors do have the exclusive right to offer a plan of reorganization for a period usually within 120 days in Chapter 11 Bankruptcy. After this period, creditors may also propose plans.

Companies have a tendency to exceed their financial limit, growing too quickly when it would have been prudent to continue with the existing state of affairs. Many factors add to the decline of a business like poor money management, economic recession, clumsy marketing, and insufficient quality control on a product or service. If the company desires to continue its business, filing chapter 11 bankruptcy is a feasible option.

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Improving your credit score post Bankruptcy

Tuesday, December 14th, 2010

Written by North Carolina Bankruptcy Attorney

WAYS TO IMPROVE YOUR CREDIT SCORE

Q. Generally what affects my Fair Isaac Corporation (FICO) score?

A. Have you missed any payments? Late payments, collection accounts, settled accounts, reposessions, foreclosures, and public record items (tax liens, judgments, bankruptcies) can have a major negative impact on your FICO score. Even minor late payments, such as 30-day delinquencies, can negatively affect your score. Your payment history makes up the largest part of your FICO score, so the longer you pay your bills on time, the better your FICO score. Your score even affects your insurance premiums. Insurance companies often run your credit before writing and or reissuing your policy.

Q. How long does Bankruptcy remain on my credit report?
A. Typically, here is how long you can expect bankruptcies to remain on your credit report (from the date filed):

  • Completed Chapter 13 bankruptcies up to 7 years.
  • Chapter 11 and 7 bankruptcies up to 10 years.

Q. How long will foreclosure remain on my credit report?

A. A foreclosure remains on your credit report for 7 years as well.

Q. Are the alternatives to foreclosure any better as far as my FICO score is concerned?

A. The common alternatives to foreclosure, such as short sales, and deeds-in-lieu of foreclosure are all “not paid as agreed” accounts, and considered the same by your FICO® score. This is not to say that these may not be better options for you from a financial perspective, just that they will be considered no better or worse for your FICO score.

Q. How can I minimize the negative affect of a bankruptcy?

A. A bankruptcy is going to be factored into your FICO® score until it falls off of your credit report. While it may take up to ten (10) years for a bankruptcy to fall off of your report, the impact of the bankruptcy will lessen over time.

If you plan to file a bankruptcy, here are some things you should do to make sure your creditors are accurately reporting the bankruptcy filing:

  • Check your credit report to ensure that accounts that were not part of the bankruptcy filing are not being reported with a bankruptcy status.
  • Monitor your score and items on your report monthly.
  • Make sure your bankruptcy is removed as soon as it is eligible to be “purged” from your credit report.

After a bankruptcy has been filed, the sooner you begin retaining or re-establishing credit in good standing, the sooner you can expect your FICO score to rebound. A good practice is to obtain a secured credit card and continually make all of your payments on time. As time passes and the impact of the bankruptcy lessens, you might apply for a traditional credit card and also continually make all of your payments on time.

Information taken from www.myfico.com

Q. How soon after bankruptcy can I obtain a loan?

A. Almost anyone can get credit soon after a bankruptcy. It’s just a matter of knowing how. Long before the bankruptcy drops off your credit report, you could be qualifying for loans with good rates and terms.

B. There is not an average time frame. As long as you are taking the steps necessary to rebuild your credit, you will see results sooner than later.

C. It will take two (2) years to qualify for an FHA loan and four (4) years for a conventional mortgage at an affordable interest rate.

Q. What steps can I take to rebuild my credit after bankruptcy?

A. Credit Report Check: One common problem people emerging from bankruptcy often face is that credit reports frequently show accounts as open and overdue — when in fact they were closed and the obligations wiped out as part of the bankruptcy. Your credit score is based on information in your credit report, so errors on your report can seriously dampen your score. Hence, you should see that these items are corrected. Banks report to all three credit bureaus (Experian, Equifax and Trans Union)

B. Obtain one or more secured credit cards. A secured card requires a cash collateral deposit that becomes the credit line for that account. For example, if you put $100 in the account; you can charge up to $100. Do not use up the entire limit that you deposit. Using part of the limit is a good credit behavioral activity and will increase your score. You may be able to add to the deposit to add more credit and to cover any fees associated with the card. Sometimes a bank will reward you for good payment and add to your credit line without requesting additional deposits, essentially making your card unsecured. This will improve your credit score gradually. You may shop for prepaid cards here http://www.creditcards.com/prepaid.php. Be sure to ask the creditor if they report to the credit agencies before applying and using for their product. It is important that they do, in order to raise your score.

C. Stay current on your utility bills and other debts that resumed after the bankruptcy (i.e. student loans, mortgages, car loans), or were not part of the bankruptcy.

D. Be mindful of the purchases you make on your card: Behavioral scoring analyzes the behavioral patterns of consumers to determine credit risk – and if they’re viewed as a risk, credit card companies may choose to lower their credit lines. Here are a few items that credit card companies may use to profile you as a risk:

  • Watch what you purchase. One characteristic of behavioral scoring is that banks are looking at the items and services you purchase and deciding on their own whether they are appropriate. If they determine that they’re not appropriate, or show you may be in financial distress, you may be viewed as a credit risk.
  • Watch where you shop. Another characteristic is if customers shopping in the same stores as you have poor repayment histories, you may be punished as well – sort of a “birds of a feather” assumption. See http://www.consumerismcommentary.com/10-purchases-that-can-harm-your-credit/

For example, The FTC has filed suit against CompuCredit claiming did not properly disclose that it monitored spending and cut credit lines if consumers used their cards at certain places. Among them: tire and retreading shops, massage parlors, bars, billiard halls and marriage counseling offices. See http://www.ftc.gov/os/caselist/0623212/081219compucreditstiporder.pdf

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Discharge of debt

Tuesday, December 14th, 2010

Posted by Charlotte Bankruptcy Lawyer

by admin on December 14, 2010

One of the reasons people file bankruptcy is to get a “discharge.” A discharge is a court order which states that you do not have to pay most of your debts. Some debts cannot be discharged. For example, you cannot discharge debts for:

* most taxes;
* child support;
* alimony;
* most student loans;
* court fines and criminal restitution; and
* personal injury caused by driving drunk or under the influence of drugs.

The discharge only applies to debts that arose before the date you filed. Also, if the judge finds that you received money or property by fraud, that debt may not be discharged.

You can only receive a chapter 7 discharge once every eight years. Other rules may apply if you previously received a discharge in a chapter 13 case. No one can make you pay a debt that has been discharged, but you can voluntarily pay any debt you wish to pay. You do not have to sign a reaffirmation agreement or any other kind of document to do this so be careful.

 

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Understanding Chapter 13 Bankruptcy

Saturday, December 11th, 2010

Gastonia Bankruptcy

Posted on 21 November 2010

According to Chapter 13 bankruptcy repayment plan, debtors are required to repay the amount of money to the creditors within three to five years.  You are more likely to achieve to the approval of Chapter 13 bankruptcy application if your total income is lower than the median income in your state. While working with Chapter 13 bankruptcy, the amount of money, which you are paying in a single monthly payment to your bankruptcy trustee, is delivered to your creditors and paid off to other important payments.

Filing for Chapter 13 bankruptcy is a good option when you cannot file for Chapter 7 bankruptcy. That’s because of your higher income or other important assets, which you want to keep in your possession. In simple words, by filing for Chapter 13 bankruptcy you may protect your home from foreclosure just by paying your arrears. At the same time, you can easily pay off your monthly payments of mortgage.

Who can apply for Chapter 13 Bankruptcy?

According to U.S bankruptcy law, individuals having unsecured debts less than $360,475 and secured debts less than 41,081,400 can file Chapter 13 bankruptcy. Individuals, who are self-employed, are also allowed to file for Chapter 13 bankruptcy, but their business should not be incorporated.

Who cannot file Chapter 13 Bankruptcy

Individuals, who had a bankruptcy dismissed in the past 180 days because they failed to appear in the court, cannot file for Chapter 13 bankruptcy. Furthermore, if they quit bankruptcy voluntarily to protect their property from going into the possession of creditors also cannot file for Chapter 13 bankruptcy. Before 180 days from filing for bankruptcy, individuals should get court-approved/recommended credit counseling.

 

 

 

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Benefits of Filing Bankruptcy: How Bankruptcy Helped Millions Get Out of Debt

Thursday, December 9th, 2010

posted by Charlotte Bankruptcy

by Roilee Mandeville

in Bankruptcy Basics, Recommended Reading

Filing bankruptcy is a legal option for those struggling with debts that they cannot afford to pay. While personal bankruptcy is often seen as a last resort, the truth is that bankruptcy laws offer legal protection that most other debt-relief options do not.

Deciding if bankruptcy is the right choice and determining if you are eligible to file depends on your unique situation. Let a local attorney assess your financial needs in a free case evaluation. Connect with a bankruptcy lawyer near you today – just fill out the form on this page to get started.

Bankruptcy Protections – What Are They?

Personal bankruptcy offers two key legal protections – one that begins the moment that you file bankruptcy and one that take effect when your case is finished.

The first is called the Automatic Stay. This is a court order that makes it illegal for your creditors to call you, send letters for payment, or garnish your wages during your case. It can also halt foreclosure and repossession efforts in their tracks. The automatic stay typically goes into effect once the bankruptcy court clerk receives your bankruptcy petition and last for the duration of your case.

The second protection is the Debt Discharge. Upon the successful completion of your bankruptcy case, the debt discharge will prevent all future collection efforts by creditors on the debts that were included in your filing and discharged by the court. The debt discharge ends your legal obligation to pay the creditors in your bankruptcy case.

Bankruptcy laws may also protect certain property and assets from creditors. In a Chapter 7 bankruptcy case, the court is allowed to seize certain assets to pay creditors a portion of the debt owed. The good news is that each state has exemptions that prohibit the courts from taking some things – such as homes, cars, and retirement accounts. These exemptions vary by state, so be sure to learn the laws with help from a local attorney and see how much of your property you might be able to keep in a Chapter 7 bankruptcy.

Chapter 7 vs Chapter 13

Chapter 7 bankruptcy is generally a relatively quick legal process designed to wipe out unsecured debt, like credit cards, payday loans and medical bills. The typical Chapter 7 case is over as quickly as 4 months. Not everyone is able to file Chapter 7, but if you have little or no monthly income, you’ll likely qualify.

Chapter 13 bankruptcy creates an affordable payment plan, with monthly payments made to the bankruptcy court over a period of three-to-five years. Chapter 13 allows you to catch up on payments for secured debts, like a home mortgage or car loan.

Deciding which type is right for you, if any, depends on a number of factors, such as your income, types of debt, and whether you own valuable property not covered by your state’s exemptions. Speak with an attorney to decide if bankruptcy could be right for you. Just fill out the free case review form on this page to arrange a no-obligation bankruptcy consultation with an attorney in your area

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