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Monthly Archives: March 2012

Will my credit be ruined forever If I file for bankruptcy?

22 March 2012

When I conduct my California bankruptcy consultations, I try to tell my clients that although a bankruptcy can be reported at the three credit bureaus for up to 10 years, it does not have to affect you for the full 10 years.  And to be honest, by the time most clients come to meet with me their credit scores are already below the 600′s. Yes, bankruptcy does remain on your credit report for up to 10 years, however immediately after filing for bankruptcy you have provided yourself with a fresh start. The seemingly almost never ending snowball effect of bad credit decisions or the inability to pay your debt obligations due to unforeseen circumstances is more devastating to your credit than a onetime bankruptcy.

So what happens with your credit score after you file the bankruptcy? (keep in mind that credit scoring is an anomaly and 9th wonder of world) Generally, ones credit rating after one year in a  post-bankruptcy status is substantial. One of the factors in determining your credit worthiness is the debt-to-income ration.  Once you receive your bankruptcy discharge, you have cleared yourself of the high debt-to-income ratio.

alot of my clients tell me that after they receive their bankruptcy discharge, they have begun to receive credit offers in the mail. The reason behind that is since bankruptcy laws prevent you from re-filing bankruptcy for a particular amount of years, the creditors are safe to assume that you will pay your obligations. The filing of bankruptcy is an option to help you start over and get back  above water. It is not an overnight process but within 12-18 months of your discharge, you will see a dramatic improvement in your ability to rebuild your credit.

If you are seeking bankruptcy help the Law offices of Chirnese L. Liverpool can help you in California and Nevada.

If you need assistance in North Carolina, contact the Maxwell Law Firm, PLLC.

 

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What are my options if I have no equity in my house?

22 March 2012

What are my options if I have no equity in my home?


Due to the current state of of our economy, a lot of homeowners have no equity in their home.  What is equity, equity is owing less on the home that the home is worth.  If you owe more than your house is worth, than you have no equity in your home., if you have no equity in your home, you have three options: (1)  Continue to live in and pay for the house and pray that the home value increases, (2) return the home to the bank or (3) sell the home.    If you decide to exercise option 2 and give the house to the bank, this may be done, with or with out a bankruptcy.  If you do not file a bankruptcy then there may be a deficiency owed for the difference between the foreclosure sale price and the amount remaining on your loan.  The bank may attempt to collect the difference from your personally or may file a 1098/1099 with the IRS, and treat the deficiency amount as earned income.  You would then be personally liable for the difference as if it were earned income from that tax year.  A bankruptcy or reorganization may save you from the deficiency judgment and the 1099 taxable gain.  Call your California bankruptcy lawyer at (818) 714-2200 for more information.

If you are seeking bankruptcy help the Law offices of Chirnese L. Liverpool can help you in California and Nevada.

If you need assistance in North Carolina, contact the Maxwell Law Firm, PLLC.

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What are my options if I have no equity in my house? What are my options if I have no equity in my house? What are my options if I have no equity in my house? What are my options if I have no equity in my house? What are my options if I have no equity in my house?

Can I keep the rental income on a house i’m surrendering in chapter 7 bankruptcy?

19 March 2012

This all depends on several factors, but here is the general rule.  Generally, if you have a rental property that you are receiving monthly rents on and plan on filing a chapter 7 bankruptcy the rental income may belong to the mortgage lender.  Please
refer to your mortgage and note for details, but often rental income is assigned as part of the mortgage.  If you were to file a chapter 7 or 13 bankruptcy, you may still not be able to keep the  income from the rental property.  In a chapter 7 bankruptcy, the bankruptcy estate would own the rental property and the bankruptcy trustee would be the proper party to collect the rental income.  Even if you receive the rent paid to you directly, you may be required to turn over the rent to the bankruptcy trustee.  If you file a chapter 13 or reorganization, the rental income may be used in calculating your income for purpose of determining your discretionary income and ultimately your chapter 13 plan payments.

If you need assistance with unpaid medical bills, preventing foreclosure , preventing repossession, reducing financial liabilities, stopping wage garnishments, preventing collection calls, debt settlement, reducing or eliminating tax debt, and or rebuilding your credit consider consulting with us for your options. Bankruptcy gives protection to people in financial trouble who are drowning under piles of debt. Because of today’s difficult economic times millions of people are exercising this protection of filing bankruptcy, Chapter 7 or Chapter 13. The bankruptcy laws were created by Congress to provide relief to those who have been victimized by the rising rate of unemployment, inflation, staggering medical bills, disability, high interest rates, foreclosure, divorce or identity theft.

We are a debt relief agency and can help you reduce or eliminate your liabilities and keep your property. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. We can assist you and your loved ones with filing for bankruptcy and the avoidance of judgments. To review the fees and costs associated with filing bankruptcy visit our bankruptcy page.  Contact the Law Offices of Chirnese L. Liverpool at (818) 714-2200.

Maxwell Law Firm represents clients in North Carolina with: bankruptcy court, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications. You may schedule your appointment by calling 704-780-1100.  Save an additional 25% off the bankruptcy fees by scheduling your appointment online.

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