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Category Bankruptcy

September 27, 2008

Schedule F is the schedule whereby a debtor lists all of his unsecured creditors. This can be anything from a credit card obligation to a medical bill to just about anything in between. Every creditor listed in Schedule F will receive notices from the clerk of the U.S. Bankruptcy Court. Such notices include the commencement of the filing of the case, a notice if there are assets to be administered, notice of discharge if the case completes as well as several other possible notices.

From the debtor's standpoint, he wants all of his creditors to be properly listed. He wants the creditors to update their records so that he does not continue to be billed. Additionally, he wants all collection companies to be listed as well. Often, the creditors will farm out their collections to independent collection firms. They often transfer the debts back and forth among several collection companies. By properly listed all of a creditor's collection companies, there is a greater chance that the collection process will cease once the bankruptcy notice is submitted by the clerk.

Importantly, in some jurisdictions throughout the country, creditors who were not properly listed may have the right to collect on the debt. This is not the case in the Northern District of Illinois. The judges in that district have adopted the case of In Re Mendiola. The Mendiola case basically states that a debt is eliminated, despite not being listed, if it was a debt that could have been eliminated and the creditor would not have had a basis to file an objection. Mendiola was attempting to reopen his Chapter 7 bankruptcy case to add a missing creditor. The Court advised that this practice was not necessary as long as it was a debt of the type listed above. It is still unclear whether or not Mendiola will survive an attempt by a creditor post-bankruptcy reform. To date, however, Mendiola is still the generally accepted rule.

Thus, a debtor should take his time and pay careful attention to the creditors listed on Schedule F. The debtor should be as thorough as possible to insure that his attorney can properly complete the schedule. This includes the account number, date of service, and approximate dollar amount of what is owed. This will also make it easier for the Chapter 7 trustee to understand the nature of the debtor's debt.

sb
September 27, 2008

Bankruptcy is an option for people who find themselves in over their head in debt. Often times, such overwhelming debt is due to divorce, illness or loss of employment. If you find yourself in financial distress, sometimes bankruptcy is the best option for you as it allows you to develop a plan to repay your debt or have your debt discharged through a liquidation of your assets Bankruptcy is not something that you do on the spur of the moment. Instead you consider it after a well thought out plan only after you have exhausted all your other possibilities. You may need to consider filing bankruptcy if your expenses are increasing because of divorce, job loss, or medical bills, while your income is decreasing because of the same reason. Nobody wants or plans to file bankruptcy, especially with the recent drastic changes in the bankruptcy law which makes it more difficult or even impossible for people in certain situations to even consider it. Consumers who find themselves in the undesirable situation of having

a mountain of debt may be considering filing bankruptcy. Bankruptcy is a personal thing and is also often a very emotional thing, so it is not something to enter into without a very thorough examination of your bankruptcy options and alternatives.

Filing bankruptcy or deciding to file bankruptcy is a very serious decision and should only be done when it is absolutely necessary. In my experience, however, due to human nature, general fear, moral apprehension, and yes, guilt and shame, the vast majority of people wait too long to at least seek input from a bankruptcy professional about whether filing is in their best interest. By waiting too long, consequences can be as small as paying thousands of dollars to your creditors unnecessarily (well, that's not small, but compared to other problems that occur, it is) or as large as rendering yourself completely ineligible to file because of actions you took, or didn't take, ahead of time. Under the new bankruptcy laws that went into effect in 2005, pre-bankruptcy planning is even more important than ever before.

If you can't pay off your debt within three years on the present terms, contact Consumer Credit Counselors, or a similar organization; they can help you make a budget and negotiate a repayment plan that may include a reduced or even zero interest rate on your existing debt. Creditors generally cease collection actions against those participating in CCC plans. To explore non bankruptcy alternatives, create a budget for your realistic, monthly expenditures for current living. Include mortgage and car payments, but exclude all other existing debt service.

There are two types of bankruptcy for such cases. They are Chapter 7 and Chapter 13. While Chapter 7 allows all unsecured debts to be wiped out; though you can lose your property, Chapter 13 gives regular income earners wishing to pay back their debts but can't the opportunity to do so with supervision. The court supervises such payments and a period of time is set for the payment to be made

The truth is bankruptcy is not a decision to be taken lightly; it must be considered as last resort. And don't ever think you can deceive people and get rid of your debt easily by filing as a bankrupt. You will be seriously investigated to ensure you actually lack the ability to payback what you are owing. If you think you can just file for bankruptcy and then go on spending, you have another thing coming for you.

sb
September 27, 2008

Payday loans are short-range loans meant for people who need extra cash and can not wait till payday or the period of time required for accessing a conventional loan. The process involved in securing a payday loan is very straightforward and trouble-free. Learn how to get all the money you need in less than 24 Hs.

Pay Day Loans are probably the easiest loan product to get since there are almost no requirements and the application and approval processes are quick. The whole idea of these loans is to provide cash for an emergency situation. Once the problem is solved, the money is returned. Usually the due date is the next Pay Day of the borrower but there are some more flexible options when it comes to repaying.

Requirements

You will need an active checking account which is the only requirement, since the money granted will be credited to this account. There are no other requirements; payday loans do not require credit checks or an extensive qualifications check. Payday loans are available to anyone, including people with bad credit.

The common practice for this kind of loans is an online transaction. You apply online filling in the information required and after the application has been approved the money is credited into the applicant’s checking account. Usually, there are no credit checks whatsoever so almost anyone can apply for a payday loan without fear of being declined due to bad credit, no credit or bankruptcy.

Fast And Hassle-Free

The process of acquiring a payday loan is simple; a job and an active checking account are the only requirements that need to be fulfilled in order to qualify for an instant payday loan. This simplified process allows applicants to apply at any time and get the money and return it hassle free.

Repayment Schedule And Loan Amounts

Usually payday loans have short periods of time for repaying, most commonly the next upcoming payday. Yet, some lenders allow these periods to be extended and are more flexible with the loan amounts, accept installments and other concessions. So, make sure to search around for a lender, do not go for the first offer you receive. Especially when it comes to payday loans, there is a lot of room for improving loan offers.

Loan amounts range, yet if you’re looking for a considerable amount you should go for a personal loan. However, if you only need a couple of thousands Pay Day loans are the perfect option. They are easily obtained compared to personal loans and are definitely the best option for those who seek fresh cash urgently.

Credit Score

Pay Day loans do not affect your credit score or credit history if repaid on time and without delay. The process is simple; you will be agreeing with the loan terms and conditions, exchange contact information of you and the lender and agree on fees for bounced payments, late payments and any other obligations. This process is fast and by the end of it you will have the certainty of having the money transferred to your account without delay.

sb
September 27, 2008

When you think about bad credit loans there are many things that remain unclear about them. There is no exact category of loans or a clear description of what they are. Actually, there are many different loan types that are referred to as bad credit loans. And the main issue that raises controversy around bad credit loans is the interest rate charged.

The interest rate issue raises many questions that need to be answered in order to understand what bad credit loans are and under what conditions a bad credit loan can be to your advantage. Otherwise you may let pass by a good opportunity to improve your credit or get trapped into the vicious circle of bad credit loan debt.

Interest Rate and Loan Type

If the loan is secured, even if you have bad credit, you will be able to obtain a reasonable interest rate that may be one or two points over the average rate of secured loans but still affordable. This is mainly because the collateral reduces the risk involved for the lender compensating for the greater risk that lending to someone with low credit score or bad credit history implies.

Unsecured loans on the other hand, lack collateral and thus involve a greater risk which translates into a higher interest rate. Without the collateral acting as an anchor, the interest rate will skyrocket on unsecured loans if you have bad credit. Thus, though it is possible to get unsecured personal loans for bad credit applicant’s, the interest rate you have to pay is very high.

Interest Rate And Credit Score

Ok, your credit score is low, your credit history is bad, but how low and how bad? For a lender, an applicant with some delinquencies like late payments or missed payments is definitely not the same as someone with a past bankruptcy or several defaults. Though these loans are meant for people with bad credit, your credit score and history will still define the interest rate you will have to pay on the loan.

Moreover, in certain circumstances it may also imply a decline on your loan application if there are recent serious delinquencies like a default on a big loan or an ongoing bankruptcy process. In any case, the interest rate charged for financing the amount borrowed will depend on the applicant’s credit score because the credit score is reflecting a measure of the risk implied in the financial transaction. And the more risk involved, the higher the interest rate has to be in order to compensate for the probable loses.

The Co-signer Alternative

Those who cannot offer collateral in order to reduce the risk and thus lower the interest rate charged, do still have an alternative to lower their monthly payments. Offering a co-signer can also eliminate a good portion of the risk and let the lender offer more competitive interest rates and more advantageous loan terms.

The co-signer is a personal guarantor of the loan repayment. The co-signer is obliged to the lender as the main borrower is and in case the later defaults, he will be forced to start repaying the loan on his own. However, in order to get the lender to reduce the interest rate charged, the co-signer should have a good credit score or at least, a better one than the main applicant.

sb
September 27, 2008

Some ideas which sound good in theory, do not measure up in practicality. For example, take one of the most significant changes to the bankruptcy code which became effective a little more than two years ago. I am referring to the changes relative to the automatic stay. The automatic stay is created by operation of law immediately upon the filing of a bankruptcy case. The stay is the most significant protection offered to a debtor when filing for bankruptcy.

Under the current law, the automatic stay is limited in the case of repeat filers. For example, if a debtor has had a case dismissed within one year of filing the present case, the stay only survives for thirty days unless extended by court order. The thought was to restrict the debtor who files a second case and increase the remedies available to creditors. This sounds good in theory for the creditors, right?

The reality is that creditors, particularly mortgage companies, do not want the collateral back. They would rather allow the debtor to attempt to reorganize again in the hope that this time they will be successful. Bankruptcy is complicated. It requires a debtor to budget and work like they have never done so before. Often, the second go around is the wake up call to get things done.

For this reason, most of my firm's motions to extend or impose the automatic stay go unopposed. This is not the desired result that neither Congress nor the creditors' lobby intended. The reality is that they simply didn't think things out far enough. They didn't realize that home values would not continue to rise like they have in the past ten years. They had no way of knowing that the sub-prime mortgage crisis would arrive.

Thus, debtors' attorneys push the paper, burden the clerk's office, and appear before the Bankruptcy Judges, simply to have our routine motions granted. Now some judges have placed qualifications on the motions. Some judges have required affidavits, schedules from prior cases and particularly detailed orders. The result is invariably the same. To this date, I have not had a creditor oppose the extension of the automatic stay nor the imposition of the stay. So much for the additional remedies afforded creditors under the new bankruptcy code.

In summary, the more things change, the more they stay the same. Debtors still have significant protections when filing bankruptcy, even if it is the second time around. The adage that secured creditors would rather get paid then recover collateral is as true today as it was pre-reform.

sb
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