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Chapter 7 Bankruptcy is a process provided
for under United States federal law by which you are entitled to a fresh
start.
Chapter 7 may eliminate most kinds of unsecured debt. Some examples of
unsecured debts are credit cards; medical bills; most personal loans;
judgments resulting from car accidents; and deficiencies on repossessed
vehicles.
In addition to getting rid of your debt, you typically can keep all of
your property. As long as your car and mortgage payments are current,
and there is no significant equity in your property, we should have no
problem making the arrangements for you to reaffirm the debt. Keep your
home, keep your car, keep your personal belongings, but eliminate your
debt. It is possible to use Chapter 7 to provide you with many benefits.
Read about those benefits below and about other subjects related to bankruptcy.
Through a Chapter 7 Bankruptcy you can:
Stop Creditor Harassment
If creditors are bothering you at work, harassing your family, friends
and neighbors, or calling at all hours, you can put an end to it immediately
simply by hiring me to represent you. Upon retaining my services, I provide
you with a special telephone number so that you can refer your creditors
to me. I will keep the creditors off your back, and you can stop paying
your creditors immediately.
Eliminate Repossession Debts
After a vehicle finance company repossesses your car they auction it to
reduce their loss. You are still responsible for the balance on the car,
called a 'deficiency balance.' I can eliminate your liability for the
entire deficiency balance. Remove the risk of lawsuits and garnishments
by filing a Chapter 7.
Stop Garnishments
A Chapter 7 is one of the most effective ways to immediately stop garnishments.
Garnishments can diminish your hard-earned income making it nearly impossible
for you to afford basic necessities. By filing a Chapter 7 and stopping
the garnishment, you will be able to use your income for more important
necessities in life and start saving for your family's future.
End Lawsuit/License Suspensions
Many states have imposed laws that allow the state to suspend your license
if you failed to maintain liability insurance at the time of the accident.
I can help you get your license reinstated if it is suspended due to an
uninsured car accident or unpaid parking tickets. I can also stop lawsuits
related to those car accidents.
If you are being sued, and you own a home, I strongly urge you to speak
with a me immediately about filing a bankruptcy. A bankruptcy will stop
a lawsuit immediately and prevent your creditors from placing a lien on
your home or garnishing your hard-earned wages.
Rebuild Your Credit
One of the most common concerns that I hear from clients has to do with
the stigma related to bankruptcy. A basic characteristic of human nature
is that people are afraid of things with which they are not familiar.
Do not count out bankruptcy as an option until you have taken a short
time to get educated on the subject. The stigma against debtors has greatly
diminished over the last 20 years, and there is no indication that debtors
will be treated less favorably in the future. In fact, the ability to
reestablish your credit after a bankruptcy is better than it has ever
been before. Bankruptcy can remain on your credit report for up to 10
years, but you can start reestablishing your credit immediately.
First, let me define credit. Credit is your ability to borrow money. Many
lenders determine whether or not to lend you money by examining your debt
to income ratio; how much outstanding debt you have compared to your income.
Remember that the reason that your credit is poor right now is because
you have so much outstanding debt. Ask yourself, who would you rather
loan money to; the person who has $20,000 in credit cards and could file
a bankruptcy at any time, or the person who has already filed bankruptcy,
has no remaining debt, and could not file another bankruptcy for another
six years.
Many of my clients are able to purchase a vehicle on financing the day
they receive their bankruptcy discharge. Often times you will pay a percentage
point or two higher than a person with unblemished credit, but ask yourself
how low of an interest rate would you be able to get in your present situation.
You should be able to finance a home within two years after receiving
a bankruptcy discharge, as long as you can provide a minimum down payment
and show the ability to make the monthly mortgage payment. Many consumer
debtors receive credit card solicitations within months of receiving a
bankruptcy discharge.
We caution you against rumors of the bankruptcy stigma that you may hear
from friends or family, who may not possess the knowledge of bankruptcy
law necessary to give legal advice. They may have your best interests
in mind, but a little knowledge is a dangerous thing.
Keep Your House, Car and Personal Belongings- Reaffirming
Mortgage lenders and automobile finance companies are usually more than
happy to keep accepting your current monthly payments both before and
after a Chapter 7 bankruptcy. This is called reaffirming your debt. They
are in the finance business to make money, not to repossess your property.
When the finance company reaffirms the debt, they have the comfort of
knowing that you have no other outstanding debts, you cannot file bankruptcy
for another six years, and they can continue to collect the principal
plus interest under the original loan agreements. I will make all of the
arrangements for you to reaffirm your debts on your home, car or other
household goods that you are financing. Many credit card companies are
also willing to reaffirm your debt with them and reinstate your line of
credit after the bankruptcy. Although I am happy to arrange reaffirmation
agreements on these debts as well, we also caution our clients to avoid
getting back into the credit card trap.
Law Changes
Pressured by the multimillion dollar lobbying effort of credit card companies,
Congress is currently considering passing a new bankruptcy law that would
severely limit your ability to eliminate debt. The credit card companies
have hired some of the most prestigious lobbying firms in the country
to pressure our legislators in Washington. The law change could go into
effect some time this year. The law affects your ability to get relief
under both Chapter 7 and Chapter 13.
Under Chapter 7, the new law would prevent you from eliminating your debt
if you made at least the median U.S. income and could afford to pay back
only 20% of your debt in installments of at least 50$ per month over at
least a 5 year repayment plan. What is worse is that the Government would
determine your ability to make these monthly payments using IRS standards
for household expenses, which in many cases are not realistic, and do
not consider individual circumstances.
Under the present law, honest people like you can completely eliminate
credit card debt, medical bills and personal loans, without having to
pay back the creditors over a five-year period. If you are presently in
a position where you feel that you may not have the ability to repay your
debt, now is the time to consult with me. I recognize that my clients
are honest people who have either suffered a personal catastrophe or have
become over-extended over a number of years and are using our services
only as a last resort. Human nature is to procrastinate in acting to solve
unpleasant circumstances. Do not delay. Your rights may be severely restricted
in the near future.
Consider the following: if you had a drastic reduction in income, but
your expenses have not changed, under the new law you could be forced
to repay your debt. If you suffered an illness or injury, you may be forced
into a five- year repayment plan just because you could not afford health
insurance in the first place. If you were in a car accident and were uninsured
because you could not afford car insurance, you would be forced to pay
100% of your expendable income each month into a court-ordered repayment
plan, or suffer garnishments and other creditor action against you. If
you are going through a divorce and household income has been cut in half,
under the new law you may no longer be eligible for a discharge of your
debts. Do not delay. Act now, before it's too late.
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