Mortgages, Student Loans & Bankruptcy Mortgages
Two of our local judges recently posted an article regarding their travels through the Real Estate Collapse and resulting Foreclosure Crisis. Their analysis reassembles four chapters in a yet unfinished volume. Some of this insight follows: In the first chapter the jurists note, “Liberalized credit, inflated real estate appraisals, unsustainable repayment terms, securitization of mortgage loans, and sloppy lending practices […]
What Allows Discharge of Student Loans in Bankruptcy?
Bloomberg Business recently published an article that pretty much shows the reality of how much “hardship” is required under the “undue hardship” standard when determining if a debtor can discharge student loans in bankruptcy. The Headline read: “Courts Rule That Disabled Woman Living Below the Poverty Line Must Repay Student Loans.” “Despite providing that paying back […]
Don’ts in Preparing to File Bankruptcy (Part 1)
1. Don’t leave out bank, checking, savings, brokerage, credit union accounts.2. Don’t use your credit cards.3. Don’t take credit cards cash advances.4. Don’t use convenience checks.5. Don’t make balance transfers.6. Don’t pay debts to family.7. Don’t pay debts to friends.8. Don’t tell a creditor you intend to pay.9. Don’t leave assets of any kind […]
Top 3 Reason NOT to Reaffirm a Mortgage in Bankruptcy
1. Truth is, if the lender is not going to report to the credit bureau, the debt to income ration should be minimized by not reaffirming the mortgage. 2. Borrower‘s struggling through a Chapter 13 have a hard time making mortgage payments on time; thus the likely hood of negative information is high if reaffirmed. […]
4 Misconceptions About Credit Card Debt
1. You only need to pay the minimum each month. Your credit-card bill will show the total amount you owe and a minimum payment, typically about 4% of your bill. Paying at least the minimum payment by the due date keeps you current and helps your credit score, a key way lenders grade your financial behavior. […]
4 Ways to Raise Your Credit Score Quickly After Filing Bankruptcy
Damage control. Make sure all the accounts you included in your bankruptcy are listed as such and show $0 balances if you filed Chapter 7. If a creditor continues to report the account as delinquent –which they shouldn’t- your credit score will suffer.
Ten Things Bankruptcy Court Won’t Tell You
1. Personal bankruptcy is not just for the poor. Linda Johnson, an entrepreneur in Georgia, built a life around her six- figure income. But when her new business collided with the credit crunch, Johnson found herself facing a financial fate she never anticipated. “It’s a far way to fall,” she says. Meet the new face of […]
8 More Financial Slip-ups to Avoid
1. Raiding your 401(k). Don’t think of retirement savings as “now” money. It’s moneyyou’ve got to save for later. “Some people use their IRAs, and wind up in bankruptcy,anyway.” Even if you end up having to use it post bankruptcy, it will go a lot further towards survival of your family after bankruptcy;
Other Don’ts in Preparing to File Bankruptcy
1. Don’t leave out bank, checking, savings, brokerage, credit union accounts.2. Don’t use your credit cards.3. Don’t take credit cards cash advances.4. Don’t use convenience checks.5. Don’t make balance transfers.6. Don’t pay debts to family.7. Don’t pay debts to friends.8. Don’t tell a creditor you intend to pay.9. Don’t leave assets of any kind off of your paperwork.10. Don’t fail […]
4 Ways to Keep Your Stuff
1. Confirm a chapter 11 or chapter 13 plan under §1123 & §1129(a) although both are ride with too many complications to address here. 2. Redeem it. Special rules apply to certain vehicles but essentially the debtor is entitled to buy the property from the estate at a value determined by the court, Say a debtor owes […]
