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Complete
Bankruptcy Information and Services
At the Solutions Network, We don't preach-- we teach.
We know that bad things happen to
good people.
Our goal is not to look out for the interests
of the credit bureaus or creditors-- It is to provide
the best information and service available for solving
your issues. The decision as to how to use the
information is left to you.
NOTE: see bottom
of page for answers to commonly asked questions about
bankruptcy.
At The All Solutions
Network, we do more than prepare your bankruptcy
petition. We help prepare you for
Life After
Bankruptcy... We provide a Complete Bankruptcy
Package that gives you all of this...
Complete
Bankruptcy Document Preparation--
We prepare all
schedules, including the Federal Bankruptcy Petition
plus, Schedules A, B, C, D, H, J, Statement of Financial
Affairs, etc...
Tri-merged credit report--
so you
don't miss creditors.
A
complete record of all debts you owe, credit cards, car
loans, real estate loans, collections, judgments, tax
liens, school loans, including balances, payment
amounts, creditors names and their addresses-- Saves you
hours in your debt investigation..
Remember,
if they are not listed in your Bankruptcy, you still owe
the debt!
Do It Your Self Credit Repair Kit--
see
credit repair.
By utilizing the techniques that we include in this 90
page book, you will be able to immediately begin to
improve your credit rating and credit score, in spite of
the bankruptcy.
Bankruptcy
Information Packet--Comprehensive,
but easy to understand information that shows how to
maximize the benefits of your bankruptcy by not only
eliminating
debts, but by reducing the amount of debt remaining on
that car or furniture on which you still owe money but
want to keep. In other words-- keep the car-- but
get rid of half the debt.
The
Truth is that Bankruptcy has
it's Benefits and it's
Drawbacks-- but whether it is the right decision for you
depends on your particular situation...
For one
family Bankruptcy was the
only way
to achieve
home ownership...
For another
family, the failure to file, when truly necessary,
almost cost them
everything.
To see how and
why bankruptcy impacted these families' lives see
"Scenarios 1 & 2" Below.
The huge increase in the
number of filings and the resulting shrinking profits of
many lenders because of bankruptcies, has resulted in
substantial pressure to minimize the distribution of
information showing that Bankruptcy is not, generally,
especially complicated, (The
average consumer absolutely does not need
an attorney) or that
life after bankruptcy is not as difficult as often
imagined or portrayed. Even so, whether or
not to file Bankruptcy is one of the most difficult
decisions that a person makes in today’s society.
Accurate decisions require
accurate information. The things that cause
people to come to a point in their life where Bankruptcy
becomes something to even be considered are many
varied. But at this point, we are not going to talk
about how we get to that place, but rather,
what to do about it-- and to
inform you of the true consequences.
We all know that bankruptcy is not
a good thing. It goes on your credit report and stays
there for 10 years, and yes, for a year or two, if you
apply for a loan, you will pay a higher interest rate.
There's no question,
bankruptcy is rarely an ideal solution, but it is often
the best solutions-- and as we'll see, it also is not
an economic death sentence.
Note:
Recently, there has been a lot of discussion about
credit improvement services.
Many companies are scams--
some are reputable. Credit restoration has it's
benefits and it's limitations. Often times the
effective dispute of derogatory credit can
eliminate the need for
bankruptcy and
allow you to pursue objectives you may have that are
almost impossible with the derogatories still on
your credit file or with a recent bankruptcy.
For a
comprehensive discussion of the benefits and
limitations of credit restoration,
click here.
Should You File?
There is no magic formula that
tells you whether bankruptcy is the best choice for
you-- but here a few facts to consider.
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You don't need bankruptcy
protection now if you have nothing that a
creditor with a judgment could take from you, in
either assets or income: that is, if everything
you have is exempt under the laws of your
state, including your source of income, you have
nothing to lose to a creditor and no need for
bankruptcy protection now.
However, it's important to
realize that just because the creditor has
nothing to attach, now, does not mean
that the debt can’t come back to haunt you.
Are your
present circumstances a temporary glitch?
Will you in the future be better off? New job?
Extra Income? Will you soon have your finances
in place?
If you
file now, (while down in the dumps, so to
speak), you will undoubtedly be able to keep
everything--plus...
in two years you will be almost blemish free
with no outstanding collections, late pays, or
judgments. Your credit worthiness will then be
determined by your income and the credit track
record you create after the bankruptcy.
If you keep a clean slate, you will again be
considered a good credit risk.
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WHAT
IF YOU
DON'T
FILE?
and your
situation then improves??- Your improved
situation is a great thing but... In Two
Years you could be faced with this--
You've weathered the storm now have great
income, living the American Dream, have newly
acquired assets-- that
can now be attached by all the creditors to whom
YOU STILL OWE MONEY!
Instead of a two
year old discharge, and no existing debts, (your
situation if you had filed), you still
have collections and judgments.
(If you didn't
file) and you attempt to buy a home, (See
No Down Real Estate Investment), the
existence of the still owed collections and
charge offs will in many cases prevent you from
getting a home loan until they are paid, and at
the very least will necessitate a higher
interest rate and down payment. If, on the
other hand, your BK is two years old and all
debt since then has been paid flawlessly, you
will again be considered a good credit risk and
qualify for the best home loans available.
There are even many home
loan programs with low interest that will work
for you SIX months out of bankruptcy.
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The Truth About
Bankruptcy
The decision to
file is intensely personal. It is yours and yours
alone. Whatever, decision you make, be certain that
is made with all the facts in hand.
What I am going to do here
is not necessarily give you advice but rather elaborate
on a couple of scenarios that I have had with my clients
while dealing with Bankruptcy, and credit related
facts-- also, what I suggested that they do and the end
result. Of course, how you proceed and the decisions
you make are yours and yours alone. My goal is to
simply help you proceed with a broader view of what
bankruptcy is. Hopefully, this article will give
you more relevant, real life facts to help you make
a fully informed decision-- See
the following true life stories of past clients.
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Inevitability.
File Now? or
File Later? |
Is doing the
Right Thing the
Wrong Thing for
Your Family? |
Do you own a home and are in danger of losing it? See
our article regarding alternatives and possible
solutions to
foreclosure.
Remember, you
rarely have to lose your home.
Even though, Bankruptcy should be a last resort, if all
else fails, a Chapter 13 will almost always allow you to
save your home.
I had a close personal
friend who came to me wanting to buy a home. During the
loan process we found that he had absolutely impeccable
credit. Unfortunately, his income was only slightly more
than his outgo, (as in about $100 per month, and this
is before food and utilities!), . My first
question to him was how are you managing to make all
your payments on time. I had never seen anyone so
overloaded with debt while making their payments so
flawlessly. He informed me
that he was effectively borrowing from Peter to pay
Paul.
Under these
circumstances, there was no way that he could qualify
for a normal loan. He only wanted around an $80,000
home, but even with the $8,000 down he was getting from
a settlement, he could not qualify for a conventional
low rate loan. His expenses vs income was just too
high.
As I explained to
him, with his income to debt ratios, he would never
be able to buy a house. At least, not with a fixed
rate or reasonable down payment. We were going to
have to get creative. I then explained to him that
with his situation-- Namely, the fact that every
month he was going further and further into debt--
His minimum payments on the credit cards were
getting larger and larger-- His income was staying
relatively stagnant. He was unquestionably
spiraling into the need for a bankruptcy.
The only real question was
would it be now or later?
Here’s what we
did. We used his $8,000 insurance settlement for his
down payment. I persuaded the seller of the property to
carry $12,000 for a term of 30 months. Now, that we
only needed a loan for $60,000 on an $80,000 home, We
were able to get him
a loan secured by the property. It was not a
good loan, but a loan, nevertheless. This loan was
fixed at 6%, but for only two years. After that it
would adjust to about 12%, thus increasing my friends
payment by about $300 per month over the original
payment. Generally, I wouldn’t
negotiate this deal for my worst enemy, but we had a
strategy that would insure that he would never have to
pay that high interest rate.
NOTE:
If
a person files Bankruptcy and then from the date of
discharge, keeps any new or reafirmed debts paid
perfectly, for most lenders, in two years, they will
be considered to again be a good credit risk.
We closed the deal, he now owned the home
and he then immediately filed
Bankruptcy. So he discharged his
unsecured debt, and reaffirmed his home and car
loan. (i.e. continued to make payments on home and
car).
NOTE: There are
now loan programs that will allow you to get a no
money down home loan within 6 months after
bankruptcy or even one day with a substantial down
payment. See
Home
Loans.
At the end of two years,
he had paid his remaining bills perfectly.
Additionally, because he had all of the unsecured debts
discharged, his monthly obligations were reduced by
about $600 per month. He now had good credit and
income to debt ratios that were reasonable, so he could
now refinance his home and get rid of that first
mortgage that was getting ready to go to 12%-- plus,
because his home had appreciated, we could even pay off
the $12,000 that he still owed the seller. Because his
finances were now in balance I was able to get him
approved for a refinance to do the above at a fixed 6%
interest rate loan.
Amazingly
enough-- this was one of those rare situations in which
the only way to accomplish the goals of
home ownership for himself and his family, was
Bankruptcy.
Doing
the right thing is always admirable.
But it has been my experience that sometimes doing the
right thing for the creditors is absolutely the wrong
thing for your family...
I was recently contacted by a family that had been
struggling with debt for 3 years. Prior to the
beginning of their problems they had both had very good
jobs. As with most of us, good jobs equal good
lifestyle and lots of debt. Their income was such that
they were not overloaded in the least.... but then he
lost his job, the family income was halved for about
six months. They had some 30 day lates, but nothing too
serious. He finally found other employment-- just
about the time that she lost her job!... Over
the next three years, for both of them, employment was
sporadic. In their attempt to do the “right thing”,
keep their home, pay their bills, even if late, they
drained not only their savings,
but raided their retirement accounts (Which
you can almost always keep when you file Bankruptcy),
as well, which of course carried huge early
withdrawal penalties, (we managed to avoid most of the
penalties on an amended tax return),
but the point is that they were financially drowning.
At all costs, they were determined to avoid bankruptcy.
They wanted to do the right
thing and pay their creditors. They continued their
spiral and sporadic employment for three years.
This was admirable
and I respect them immensely for their integrity.
But now, they had
nothing left. Even their retirement
was gone! Their home was in foreclosure and to keep
the home, for themselves and daughter, they finally
decided to file a chapter 13 bankruptcy.
If they had filed a Chapter 7 two years
earlier... They would have
already had good
credit, they would still have their retirement, and
they would be stress free.
As it stood, we saved
their home, but their retirement is forever lost and
good credit was a thing that would elude them for
another two years.
In
my opinion, the moral of the story is, if you can fix
your finances, by all means, do so. But please, for
your sake and for your families sake, make an honest and
objective assessment of your ability to pull out of the
financial morass.
If Bankruptcy is inevitable,
do it now,
not after your retirement is gone.
What if your
income is High?
There are presently no
income standards for filing bankruptcy. The real
question asked of those filing Chapter 7 is whether the
debtor has sufficient funds after payment of his
necessary living expenses to repay his debts.
The United
States Trustee or the Chapter 7 trustee can seek to have
a debtor's case dismissed for "substantial abuse" if the
debtor's income is sufficient to repay a significant
portion of the scheduled debts. 11 U.S.C. 707(b). The
threat of dismissal is basically a coercive attempt to
persuade the debtor to convert there case to a chapter
13, in which they repay all debts and arrearages over a
period of 3 to 5 years. As to how effective or legally
binding these attempts are, the actual law on this
subject is simply not well developed and the attitudes
of trustees and judges about what is "abusive" varies
from district to district. This concept does not apply
to Chapter 7 debtors whose debts are primarily business
debts, tax debt, or to those filing Chapter 13.
The Real
Question is-- Do you need to file bankruptcy?
Deciding to file bankruptcy can be a
tough decision. Almost everyone confronting the
decision vacillates back and forth. The constant
struggle to pay your debts and "do the right thing"
versus just starting over. Ultimately it's a question
that only you can answer, but if you feel compelled to
do the "right" thing, please....
Think hard before
resorting to liquidating IRA's or 401K plans to pay
creditors: these assets are generally protected
from collection actions by creditors; they are
hard to replenish once spent; but most importantly,
using retirement savings to pay creditors may
create new debt in the form of income taxes and
penalties for early withdrawal. Often times
your good intentions will just substitute your
creditor from that of some lender to the IRS.
Given the choice, most people would rather owe the
bank.
Can you avoid bankruptcy
with outside help? If you can't pay off your debt
within three years on the present terms, contact a
Consumer Credit Counselor 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.
Consider
bankruptcy:
If these repayment
alternatives are not feasible, then consider
bankruptcy.
Bankruptcy Overview
Bankruptcy Preparation Request
Can
a Chapter 7 Bankruptcy Help Me? It is Very Possible.
A Chapter 7
bankruptcy is a proceeding where you are allowed to get
rid of your debts in exchange for turning over your
"non-exempt" property to your creditors. Consider, if
you don't have non-exempt property, or, as is often the
case, if you own very little property, you will be
allowed to get rid of your debts without losing
anything.
Can I file a Chapter 7 Bankruptcy?
If you live, have a business, or have
property in a particular state for the past 180 days,
then you likely can file for Chapter 7 Bankruptcy in
that state.
Generally speaking, if you have not filed
a Chapter 7 bankruptcy in the last 6 years and you find
yourself coming home to pay your monthly living expenses
(your food, utilities, etc.) but have no money left over
for your creditors, your likely eligible to file a
Chapter 7 bankruptcy.
What bills can I eliminate?
Virtually ALL BILLS can be eliminated in
a Chapter 7 Bankruptcy. But, there are a few exceptions
such as:
Student Loans
Spousal or Child Support
Recent Taxes
Criminal Fines, penalties
Debts incurred as a result of driving
drunk, and some others.
Why should I file?
Most commonly because you have suffered a
loss of work, been injured and have medical bills, are
getting divorced, have other large expenses, or have
just gotten in too deep with your credit cards.
What are the benefits of filing a Chapter
7 Bankruptcy?
A Chapter 7 Bankruptcy will
Stop wage garnishments
Stop foreclosure
Stop the creditors from calling and
harassing you
Stop a lawsuit
Stop collections on debts that you
cosigned
Stop collection on your personal debts
Stop an Unlawful Detainer - Eviction
Proceeding
Stop collection on a judgment against
you, and
Stop and possibly remove liens on you
home or furnishings.
But I am married, I don't want my spouse
to have to pay for my debts.
That's fine, in many instances you can
file by yourself.
But I am afraid, I do not want to lose my
job or go to jail.
You wont. Your employer is not allowed to
discriminate against you for filing bankruptcy and you
just can not ever go to jail as a result of filing
bankruptcy.
Well, what about my home, car, and
personal belongings?
In most instances, depending on how much
"equity" you have in your home and car, you can keep
these items. Most state laws allow you to keep a certain
amount of reasonably necessary property including things
like your home, car and personal belongings. A trained
bankruptcy attorney can easily evaluate your assets and
give you an immediate answer as to property at risk.
Will I be constantly in Court and having
to take time off work?
NO! You will be required to attend one
brief Court appearance. In usual cases this
appearance, called
the "First Meeting of Creditors" lasts just a few
minutes (that's right minutes!). Generally this
appearance will be your last.
Won't Bankruptcy ruin my credit?
NO! Remember, "credit" is only a term
indicating the measure by which we are capable of
borrowing money. Chances are, if you are reading this
article, you are not able to borrow anyway!
Furthermore, more and more, the credit industry is
recognizing that those who have filed bankruptcy are
actually good borrowing candidates. Why? Because they
have no debt, they have money available, they can not
file bankruptcy again for 6 years. Don't simply believe
that your credit will vanish after bankruptcy. This is
not generally the case. We get people approved for
no down home loans for people with recent bankruptcies
all the time. I want to
be clear, I'm not saying that a bankruptcy does not have
negative affects. What I am saying is that the
affects are not generally as bad as many people believe.
Note: The All
Solutions Network provides low cost bankruptcy and shows
how to file bankruptcy in most states. |
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