Showing posts with label Bankruptcy Court. Show all posts
Showing posts with label Bankruptcy Court. Show all posts

Tuesday, 30 December 2008

Which Debt Can be Settled

We receive many questions regarding debt settlement and specially inquiries as to whether certain debts can be settled or not. This is an important issue as not all debts can be settled with regular debt repair agencies. And thus, prior to hiring the services of such agencies you need to make sure that your particular debts are suitable for settlement or else you would be just wasting money.

Under the right circumstances all debt can be settled, but debt repair agencies deal only with certain types of debt. Following is a short description of the different types of debt that qualify for a debt elimination process through an agency and those debt types that do not qualify for regular debt elimination processes and need different solutions in order to be cancelled or erased.

Debt Types That Qualify For Debt Settlement

The first type of debt that we will briefly explain is credit card debt. Credit card debt is in most cases unsecured debt that features high interest rates compared to other form of debts. Thus, it is extremely important to include this kind of debt in any debt settlement program. Credit card debt certainly qualifies for this type of debt aid due to its unsecured nature and the repayment flexibility it presents.

The same goes to store card debt. Just like credit card debt, store card debt is unsecured debt and usually charges higher interest rates than credit card debt and personal loans. Thus, it should also be included into a debt aid program.

Personal loans, if unsecured can also qualify for debt settlement. This is due to the fact that if the lender refuses to negotiate, he would have to undertake long legal processes to recover the money and he would also be forced to negotiate prior and during the process with costly legal fees. Of course, this applies to unsecured personal loans only and not secured loans.

Different bills, like hospital bills and other services’ bills can also be included in a debt elimination program. They are usually included because the debt is unsecured and because the creditor has less negotiating power than banks and other big companies. Thus, it is easier for a negotiator to convince the creditor that he should accept the deal or he might lose the chances of getting any money back at all.

Debt Types That Do Not Qualify For Debt Settlement

There are other debt types that cannot be settled. These debts include: student loans which can be consolidated, waived or forgiven but never settled. The only exceptions are certain private student loans which are not subsidized by the government or a private non-profit institution and thus are subject to the rules of any personal unsecured loan.



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Mortgage loans and home equity loans are guaranteed by a property or the equity on that property and thus are not subject to negotiation because the lender can always resort to request the foreclosure of the property and claim all the money owed. The solution for these debts is refinancing which can modify the terms of the secured debt while keeping the security in place.

Car loans which are secured on the car are just like mortgage loans, and with only a few differences, are tied to the same rules. Just like mortgage loans, car loans can be refinanced or fully paid off with the aid of a mortgage or home equity loan. Thus, to solve a debt problem derived from a car loan your main options are debt consolidation and refinancing.

Finally, tax debts can not be settled either. There are some circumstances in which under special hardship, a debt can be forgiven by the government agency. However, these are very special situations with complex requirements. And often, they imply that the debtor has to resort to extreme measures like filing for bankruptcy.




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Living On A Dime - Financial Independence Through Better Life Choices. Publisher Of E-books About Paying Off Debt, Saving Money, Frugal Cooking And Homemaking. Click Here!

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Thursday, 11 December 2008

Changes in the Bankruptcy Law (UK)

The Enterprise Act 2002 – Changes to the Law Governing Bankruptcy.
From the 1st April 2004 the law concerning bankruptcy has changed. The usual term for bankruptcy was previously 2-3 years. From 1st April 2004 most bankruptcies will be discharged within 12 months.
The purpose for the changes is so that those who have been unavoidably made bankrupt for genuine reasons are given a better chance to start again.
The position is different for an individual who has been an undischarged bankrupt more than once in the previous 15 years and who was still undischarged at the time the new law came into force. In this case, if the court has previously granted a discharge, that order will continue to determine that date of discharge. If no such order has been made the bankrupt will be discharged on 1 April 2009 (5 years on from 1 April 2004), or by a court order. People made bankrupt through a criminal bankruptcy can only be discharged by order of the court.
Individuals who go bankrupt for a second time after 1.04.04 will be discharged after one year the same as anyone else unless the Official Receiver decides to suspend the discharge date or apply for a Bankruptcy Restriction Order.
If you are currently bankrupt, and your bankruptcy term will go beyond 1st April 2005, you should be discharged one year from 1st April 2004. If you are currently bankrupt and your bankruptcy order finishes in less than 1 year from the 1st April 2004, the order will end as normal.
Other significant changes relate to the treatment of assets. Whereas previously there was no time limit, The Act sets a limit of 3 years on the period during which the trustee in bankruptcy can deal with a bankrupt's interest in a home which is the sole or principal home of the bankrupt, the bankrupt's spouse or a former spouse. After this period it will revert back to the bankrupt (i.e. it will no longer form part of the bankruptcy estate).
Harsher penalties will be imposed on those who are considered to have brought about their bankruptcy through reckless or irresponsible behaviour.
Bankruptcy Restriction Orders may be applied for by the Official Receiver for
failing to keep or produce records;
incurring a debt prior to the bankruptcy that the bankrupt had no reasonable expectation of being able to repay
carrying on any gambling or rash or hazardous speculation or unreasonable extravagance which may have materially contributed to or or increased the extent of the bankruptcy debt.
Restrictions after bankruptcy could last for a further two to fifteen years.
The cost of a petition to be made bankrupt has also changed from £390 rising to £460.

Bankruptcy - The process
If a creditor wishes to make you bankrupt they must prove that you are unable to pay your debts or that you have no reasonable prospect of doing so.Once the creditor has sent a petition to the court, a hearing takes place and an order is made if the court feels that this is the appropriate outcome.An Official Receiver is then appointed. The Receiver will make an application to the court claiming any income that exceeds the amount you need to cover essential living costs for yourself and your family.The Official Receiver can also claim your property and any other assets you have. After a minimum period of one year you will no longer be liable for the debts included within the bankruptcy.

Bankruptcy - The Advantages and Disadvantages
What are the advantages of bankruptcy?For the person involved, bankruptcy provides relative peace of mind and possible automatic discharge after one year.For the creditors, bankruptcy allows a full investigation of the debtor's affairs to be carried out.
What are the disadvantages of bankruptcy?
You lose control of your assets - this may include your house and vehicle.
You cannot obtain credit for more than £500 without permission from the lender.
Certain occupations and professions will not allow you to go bankrupt.
You cannot act as a company director.
You cannot take any part in the promotion, formation or management of a limited company without the permission of the court.
You cannot trade in any business under any other name unless you inform all persons concerned of the bankruptcy.
Their may be restrictions on you practicing as a Chartered Accountant / Lawyer.
You may not act as a Justice of the Peace (JP) or school governor.
You may not become a Member of Parliament.
You may not become a member of the local authority.
Your credit is affected for many years after the annulment.
You may be publicly examined in court.




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What is a Trust Deed?

It is a mechanism by which you can repay your debts over a specified period. Monthly payments are based on what you can afford and after the period of your arrangement, any remaining debts are written off. It is only appropriate where you are unable to make full monthly payments to your lenders and is a formal legally binding agreement between you and a licensed Insolvency Practitioner (the Trustee).
What is the process?If you decide to go ahead with a Trust Deed you must provide the Trustee with details of everyone you owe money to, how much you think you can pay into an arrangement each month and any other financial information that might me relevant.The Trustee will put together a form of proposals to the lenders for approval and administer the Trust Deed. A Trust Deed is a form of “informal” bankruptcy but still regulated by The Bankruptcy (Scotland) Act 1985.Provided certain conditions are met, the Trust Deed may be registered as "protected". This prevents lenders from taking legal action against you and ensures that interest will be frozen on your debts.
What are the advantages of a Trust Deed?
The pressure of being in debt is reduced as all correspondence, including any queries from lenders, is handled by the Trustee.
A Trust Deed is usually more flexible and costs less to administer than sequestration.
It also allows the debtor the right to hold certain public offices - which would not be the case with sequestration.
It may be possible for companies to continue trading and individuals to retain their directorships.
The information is not published (unlike sequestration).
What about my house?If you enter into a Trust Deed then lenders do have the right to receive any equity that you may have in your home to repay your debts. However, there are mechanisms that can be put in place to protect your home such as “buy-back” or extra contributions. If this was not possible then we would suggest you seek alternatives such as a Debt Management Plan.
What does it mean when a Trust Deed becomes “protected”?This means that no further action can be taken against you by your creditors for recovery of the money you owe them. Lenders have to accept the balance of your Trust Fund account as full and final settlement at the end of the three year period.
What are the costs?There are no set-up charges for the work involved in drawing up the documentation. The Trustee agrees their fees with the lenders and these are met from the Trust Fund account throughout the duration of the arrangement. So you have nothing to pay upfront and your lenders agree to a reduction in their income to pay for the administration of the Trust Deed.
What am I committing myself to if I sign a Trust Deed?You are entering into a contract to repay your debts, usually at a reduced rate. As such you agree to:
Co-operate with the Trustee
Pay the agreed monthly contribution
Not take any further credit
Advise the Trustee should you receive any unexpected windfalls in excess of £200.
What happens to the interest and charges on my debts? All interest and charges on your debts will be frozen at the date of signing the Trust Deed. Is a Trust Deed suitable for me?




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Guaranteed Bad Credit Financing. Receive A Loan Or Credit Card Even With Bankruptcy!
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Tuesday, 9 December 2008

Credit after Bankruptcy

Credit after Bankruptcy
Listed below are the most popular ways of rebuild your credit after having filed for bankruptcy:

Credit Card after Bankruptcy
Apply for an unsecured credit card. Should you receive an unsecured card, use it for necessary purchases only and pay it off diligently. Always leave 50% of your available credit limit open to help quickly establish a decent credit score.

Secured Credit Card or Loan after Bankruptcy
Apply for a secured credit card. Your bank will require you to make a deposit in the amount of the credit available on the card. If you find yourself in this position it may be to your advantage to apply for a secured loan. Ask your banker to lend you money based on the deposit that you have made.

Installment Loan
Make sure that the loan is an installment loan, lasting 12 months or more. This will ensure that the loan is reported to the credit bureaus. Also talk to the banker to determine the lowest amount that they will lend. Some banks will not lend less than $10,000 in an installment loan. Small local banks often have lower installment loan limits.

Multiple Credit Lines after Bankruptcy
Don't apply for several credit cards at once when attempting to build your credit score. Multiple credit inquiries reflect negatively on your credit rating, further lowering your credit score.

Open checking and savings accounts to show creditors that you pay your bills and have cash available.

Obtain a credit card from a major department store that reports to credit agencies. Make small purchases and pay bills promptly. It won't help improve your credit score if the department store account you have doesn't report to the nations 3 major credit bureaus.

Credit Repair After Bankruptcy
Using credit wisely is essential to repairing credit after bankruptcy, as well as maintaining your credit score and your overall creditworthiness. It is important to keep all of your lines of credit in good standing so that you can quickly apply for more credit which will increase your credit rating.

Guidelines for Rebuilding Credit after Bankruptcy
Here are a few general guidelines to follow when rebuilding credit after bankruptcy.

Use your available credit only when cash is not acceptable, for example, use your credit cards to reserve hotel rooms or make airline reservations. Using credit to buy items you don't have cash for can put you back on the road to bankruptcy.
Pay bills on time to maintain a good credit history, and always pay more than the minimum payment. You should actually attempt to pay the total balance.
Keep the balance on your credit cards less than half of your available credit limit. If your balance is close to the available limit, your credit score may decrease.
Pay your mortgage on time, and be sure to never pay your mortgage more than 30 days past due.
Request your Credit Report
Creditors use credit reports to decide whether to extend credit. Many credit reports are rife with errors, so as you begin to re-establish your credit score, request a copy of your credit report on a regular basis from a credit reporting agency and review it for accuracy.

Be sure to dispute any inaccuracies that are on your report. Also, be sure that your credit report stays current and reflects accounts that are in good standing.

You also shouldn't just grab any secured card. Look for the following:

No application fee and reasonable annual fee. Some secured cards tack huge upfront and annual charges onto their accounts; you don’t need to pay these to build your credit.

Reports to the major credit bureaus. You’re not doing your credit score any good unless your payment history is being reported to the three major bureaus: Equifax, Experian and TransUnion. Call and ask if the card issuer regularly reports to all three before you apply.

Converts to an unsecured card after 12-18 months of on-time payments. Good behavior should get you upgraded to a regular credit card within a year or two.



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Everything You Know Is Wrong! About Being Debt Free That Is!! And It Will Keep You In Debt The Rest Of Your Life! Click Here!

Credit Repair Secrets Revealed! Credit Repair Is A Hot Topic Click Here!

Guaranteed Bad Credit Financing. Receive A Loan Or Credit Card Even With Bankruptcy!
Click Here!

Living On A Dime - Financial Independence Through Better Life Choices. Publisher Of E-books About Paying Off Debt, Saving Money, Frugal Cooking And Homemaking. Click Here!

Eliminate Debt Fast Without Bankruptcy Or Debt Consolidation. Click Here To Learn The Amazing Secrets Of How I Got Rid Of $63,000 Of Debt In Only 4 Months Without Filing Bankruptcy Or Using Any Type Of Debt Consolidation Service! Click Here!

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Bankruptcy Court

Bankruptcy is a Federal issue and as such bankruptcy court proceedings are not held in state court but in one of 94 Federal Judicial Districts.

The objective of a bankruptcy court is to give an honest debtor a "fresh start" by relieving them of the majority of their debt, and to effectively repay creditors an amount that the debtor has available for payment.

New Federal Bankruptcy Law
The new bankruptcy law will affect all people filing for bankruptcy. In addition to increased fees, the new federal bankruptcy law requires that individuals who file for bankruptcy must first go through credit counseling. It is felt that credit counseling will protect individuals from filing for bankruptcy unnecessarily.

Congress established the United States Trustees to further supervise and administrate bankruptcy proceedings.



United States Trustee Program
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which opens a new era in the history of bankruptcy law and practice, was passed by Congress and signed into law by President Bush on April 20, 2005.

The United States Trustee Program is the component of the Department of Justice that protects the integrity of the nation's bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws.

The Act gives the U.S. Trustee Program new responsibilities in a number of areas, including:

Implementing the new “means test” to determine whether a debtor is eligible for chapter 7 (liquidation) or must file under chapter 13 (wage-earner repayment plan).
Supervising random audits and targeted audits to determine whether a chapter 7 debtor's bankruptcy documents are accurate;
Certifying entities to provide the credit counseling that an individual must receive before filing bankruptcy
Certifying entities to provide the financial education that an individual must receive before discharging debts; and
Conducting enhanced oversight in small business chapter 11 reorganization cases.
In addition to the above summary, there are 25 new changes to the Personal Bankruptcy Law.



Credit Secrets Bible ! The #1 Credit Course In America Click Here!

Everything You Know Is Wrong! About Being Debt Free That Is!! And It Will Keep You In Debt The Rest Of Your Life! Click Here!

Credit Repair Secrets Revealed! Credit Repair Is A Hot Topic Click Here!

Guaranteed Bad Credit Financing. Receive A Loan Or Credit Card Even With Bankruptcy!
Click Here!

Living On A Dime - Financial Independence Through Better Life Choices. Publisher Of E-books About Paying Off Debt, Saving Money, Frugal Cooking And Homemaking. Click Here!

Eliminate Debt Fast Without Bankruptcy Or Debt Consolidation. Click Here To Learn The Amazing Secrets Of How I Got Rid Of $63,000 Of Debt In Only 4 Months Without Filing Bankruptcy Or Using Any Type Of Debt Consolidation Service! Click Here!

My Miracle Loans Learn How To Easily Borrow Up To $1 Million Cash In Less Than 7 Days All With No Credit Check, No Collateral, No Proof Of Income, And No Interest Fees! Click Here!

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