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Mistakes That Can Keep You from Getting a Fresh Start in Chapter 7 Bankruptcy

April 1st, 2011

If you are thinking about filing for a Chapter 7 bankruptcy, which gets rid of most debts and gives you a financial “fresh start,” you should know that mistakes you make BEFORE filing can keep you from getting all the benefits of this type of bankruptcy.

Preparing for Bankruptcy

Sometimes, people have the wrong idea about how to prepare for filing Chapter 7 bankruptcy.  They think they can “max out” their credit cards and then get rid of that debt in bankruptcy.  Others plan to hide some of what they own and not list it in their bankruptcy papers, thinking that they will have a secret “nest egg” or items they can sell while they are in bankruptcy. Read the rest of this entry »

“Credit Repair” versus Bankruptcy

January 28th, 2011

There are many advertisements on television and the internet for companies offering credit repair services.  Unfortunately, many of these services are outright scams.

Credit repair scams that claim to be able to erase negative information from your credit report for a fee are particularly dangerous.  While you can ask credit bureaus to correct outdated or inaccurate information, they will not remove accurate information from your credit report, no matter how negative that accurate information is.  Also, under the Credit Repair Organization Act, it is illegal for credit repair companies to collect upfront fees before performing any services. 

A reputable company that helps you improve your bad credit will notify you of your rights before you begin dealing with them, and will explain the steps you can take on your own to improve your credit.  If you need credit counseling to set a budget or to find out how to negotiate with credit card companies on your own, it’s best to deal with only government-approved agencies.  Contact the Office of the United States Trustee for a list of these credit counseling agencies; many offer free or low-cost services.

For many persons facing high debt, however, bankruptcy may be the best option.  If you do not earn a high income and do not own many high-value possessions, Chapter 7 bankruptcy may be able to wipe out many or all of your debts, including credit card debts, medical bills, past-due utility bills, and other unsecured debts. 

If you have a steady income and valuable assets such as home equity, and your debt load is due to a one-time event such as a job loss or high medical bills, Chapter 13 bankruptcy may be a better solution for you.  For a Chapter 13 bankruptcy, your attorney will prepare a proposed debt repayment plan based on your income, the value of your assets, and the amount of your debt.  Once your plan is approved by the Bankruptcy Court, your creditors will be legally bound by it and will have to stop their collection efforts.  The amount of debt you will repay depends on your individual financial circumstances; typically, you will repay only a small portion of your unsecured debt, and the rest will be discharged when you complete your Chapter 13 debt repayment plan. 

If you are struggling with overwhelming debt, please contact an attorney who is experienced in handling San Diego bankruptcies.  Our bankruptcy lawyers can explain the benefits and drawbacks of bankruptcy, your options under the laws, and the process of filing a bankruptcy case.  You can then make an informed decision about what is best for you and your family.  Please contact San Diego Law Firm at (619) 794-0243 to find out how we can help you become free of debt.

Chapter 13 Bankruptcy and Your Vehicle

December 23rd, 2010

People with serious financial problems are often concerned about what will happen to their vehicle.  If they are behind on car payments, they are at risk of having their car repossessed, which could leave them without transportation to their job.  Chapter 13 bankruptcy can allow people in this situation to catch up on back car payments and, in some cases, to reduce the amount of their car loan.

It is a common situation for a person to owe more on their car loan than the car is worth.  This is because a car depreciates very quickly.  If a person is paying down a 5-year car loan with interest, the balance owed on the loan will likely be more than the market value of the car. Read the rest of this entry »

Are You “Underwater” in Your Home due to a Second Mortgage?

November 24th, 2010

A.  When you Owe More than Your Home is Worth

As the San Diego Real Estate Insider recently observed, the San Diego housing market has been hit hard during this recession.  The median value of homes has dropped and fewer potential homeowners are able to qualify for mortgages.  The number of foreclosures recently reached record numbers as mortgage payments caught up to those with sub-prime loans. 

Many homeowners in today’s market find themselves “underwater”—owing more on their mortgages than the current market value of their home.  This is common where a homeowner has both a first mortgage and a second mortgage.  The value of the home may have dropped, leaving no equity available to secure the second mortgage.  Read the rest of this entry »

Creating and Sticking to a Realistic Budget

October 22nd, 2010

If you are trying to get out of debt, sticking to a sound budget is important.  If you are unsure of the exact amount of your expenses, try writing down every dollar you spend for one month.  At the end of the month, sit down and review your list.  Use categories such as mortgage/rent, utilities, food, transportation, insurance, credit card payments, recreation, clothing, and savings to track your expenses.  Evaluate how much money you are spending in each category.  Consider whether you can reduce your expenses in any category. Read the rest of this entry »


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