My Personal Chapter 13 Bankruptcy Story

Hot Tip! In a chapter 7 bankruptcy case, the trustee will determine whether or not there are assets that can be liquidated and used to repay your creditors. If the trustee determines that all your assets are exempt, a report of no distribution will be filed with the bankruptcy court.

I filed Chapter 13 bankruptcy a few months ago. I have been documenting the experience to share with the people who will find themselves in need of this information in the next few years. It’s not a topic for casual conversation for most people, and the web is rife with e-books, courses, services and other junk.

I’m not an attorney, and I won’t offer any advice, and don’t intend this narrative to persuade you to take any particular action or opinion. This is just my experience, and of course my own particular perspective will shade it.

The story begins in 2005, when a business failure coincided with family illness and other non-financial problems. We struggled to cover our bills by selling personal possessions - furniture, TVs, a timeshare, tools, sporting goods and more. Finally, in early 2006, my husband found a job. By then we were more than 6 months behind on our credit card account payments, and struggling to get the mortgage and car payments paid no more than a month late. Relatives were giving us food, and I had become depressed to the point of thinking and talking about suicide.

Hot Tip! You should take full responsibility for your bankruptcy case. You are the only person that knows the facts of your case and the one most affected by the outcome.

Depression

The financial situation was complicated and worsened by my depression. I felt unworthy; incapable of making a decision, frustrated by my inability to find work while at the same time conflicted about actually having to give up self-employment and find a job again. And this, my friends, was the problem. Without some element of faith that I could feel better, I was hopeless and self-defeating. Until I found the means to believe in myself again, I was unable to move away from failure.

Happily, I did find a way out of my depression, and the answer was within myself. If you are feeling like I was, there is an answer, inside you, and your mission will be to find the way to connect with it. This article is not intended to help you find that answer. The path is different for everybody, and it may lie in religion, renewing physical activity, meditation, intellectual pursuits, or a combination of some of these, or something else entirely. You’ll know it when you find it, and if you listen, it’s probably already calling to you.

Exploring Credit Counseling/Credit Management Options

Hot Tip! Automatic stays will not be granted if it can be shown that the debtor has had a habit of abusing the bankruptcy system. Many used to file bankruptcy petitions merely to hold off their creditors or to buy themselves time, having no intention of following through on the bankruptcy.

Two weeks prior to my husband’s return to work, I started believing that we’d find a solution to our situation. Up to this point I had been screening caller IDs, allowing the answering machine to take all calls from bill collectors. I began talking to some of the bill collectors to see if there was any way I could negotiate my way out of this situation, but it was really serious. I was beginning to get court notices that we were being sued by some of the credit card companies. Just when we had a paycheck to rely on, we faced the possibility of garnishments!

Hot Tip! If I file for bankruptcy it may cause more family troubles than I already have, maybe even divorce.

So, I wrote down the toll-free numbers of various credit help organizations I saw advertised, and made some calls. I decided to work with a debt management company, who would act as intermediary with all my creditors and attempt to set up payment arrangements that I could afford. I had to go through my income and budget with the counselor, and provide details of all debts.

This exercise forced me to get organized and stop avoiding the facts and details of the situation. I created charts and lists of my debts and their respective collection agencies, and faced the bottom line. I was appalled that what might have started as about $35,000 of unsecured debt had now climbed up to over $55,000, due to all the interest and late charges! Unfortunately it wasn’t finished compounding.

During the month in which the credit management company was involved, the calls decreased but didn’t stop. It turned out that there were a few of my accounts that would not work with them, and they were not attorneys and couldn’t resolve the 2 lawsuits.

Hot Tip! For car loans or mortgage loans after bankruptcy, another important consideration is the down payment. If you have enough funds to put down on a car or a house, then finding a lender will not be a problem at all.

The monthly payment, even though it was not comprehensive and didn’t cover all our outstanding debts, was more than we could come up with in a month, at that point. We came to realize that it was time to look into filing bankruptcy.

Bankruptcy, the Last Resort

Hot Tip! It’s really hard to file for bankruptcy. It’s really not.

I decided to look in the phonebook for a local bankruptcy attorney. That was highly confusing, and I wasted a good bit of time making calls, leaving messages, and learning that it was corporate bankruptcy they did, not personal. I finally went online and clicked on a Google ad for Total Bankruptcy. This site offered to connect you with a bankruptcy attorney for your area, if you fill out required info. I decided to try it and divulged all my detailed personal financial data.

I received back an email reply that a particular attorney would call me during the time window I had selected, the next morning. He actually called me back within an hour of my completing the inquiry, and cordially offered to wait and call again later, or talk now if I had time. Since this was fresh in my mind, I liked the momentum, and asked him all the questions I could think of. He was very direct and detailed and I felt very comfortable, so I decided to work with him then on the spot. He was from a city over 50 miles from my home, but he assured me that we could do everything by email and fax, and if I wanted to meet him, we could arrange to meet halfway. The Federal Bankruptcy Court location was halfway between us, so it was quite workable.

Hot Tip! Attorney’s can’t represent themselves as “Debt Relief Agencies”. They cannot advise the debtor to incur more debt before filing and among other things they must enter into a written contract specifying all costs and informing the debtor that a lawyer is not necessary to file bankruptcy.

Because of certain property that we wanted to keep, and because we believed we could afford to keep our house and vehicle, we elected to file chapter 13, in which we would have to make monthly payments based on a means test and our assets and debts. This is all I can really say about that without getting into the kind of info a lawyer knows, so I’ll leave it at that.

In order for my attorney to draft the Bankruptcy Petition, I had to provide details of my possessions, debts, income, etc. For details on that process, I write more about it here: http://www.happy-after-bankruptcy.com/steps-to-filing-bankruptcy.htm
The draft of the petition was 40 pages long, and he sent it to me in a .pdf file via email about 2 weeks after I gave him all of the information.

Hot Tip! Get a copy of your credit report. Many times (most times) the credit accounts that are absolved with your bankruptcy are not removed from your credit report immediately.

Old Law - New Law

Now, I can’t really speak about the old law versus the new law when it comes to the October 2005 Bankruptcy Reform Act, except for one thing. There is now a requirement for credit counseling from a service approved by the US Dept. of Justice. http://www.usdoj.gov/ust/eo/bapcpa/ccde/index.htm
This link can take you to all the approved services.

Hot Tip! Spend a day at a bankruptcy court.

The credit counseling was the biggest waste of $49.95 that I have ever spent, and a waste of 2 hours of my time, as well. I essentially had to input all of the same info I provided to my lawyer (see above) into slow-loading on-line forms, then I had to participate in a phone conversation with a “credit counselor”, who just repeated the information we’d submitted. There was no value whatsoever added to my understanding of my finances, credit, or anything else. Enough about that.

Blessed Quiet

As soon as we made the decision to file, I gave all my creditors the attorney’s name and contact info, and they stopped calling! It was wonderful. The mortgage company and the auto lease company required a case number, but that was provided within days of filing the petition. All contact stopped.

This is where a word of caution is in order. There were 2 accounts we needed to keep paying, and they stopped sending us bills. They also disabled our on-line bill payment access. So, all of a sudden, we had no routine method of making payment. Without any contact it was easy to let a couple of months slip by, and as I was mailing checks, they were preparing a “Motion for Relief from Stay”. My attorney said this was common, but I wish I had known about it and avoided it.

Hot Tip! Have derogatory credit items removed from your credit report. For the items charged off in your bankruptcy, you will need to send a copy (not the original) of your bankruptcy discharge papers to all 3 of the credit bureaus asking them to remove these inaccuracies.

Plan Payments

Part of my Chapter 13 filing included a plan to pay off the amounts I was liable for, after the means test had been addressed. I had to make monthly payments to the Bankruptcy Court Trustee, using certified funds. These payments actually started prior to any hearings or court appearances. They were calculated based on my income, and would continue for 36 months, or until all amounts due under the plan were satisfied.

Going to Court

A part of the process of filing bankruptcy involves going to the Federal Bankruptcy Court location - at least once in most cases. The first required appearance for me took place 5 weeks after we officially filed. It was called the Section 341 Meeting of Creditors. This served 2 purposes: the Bankruptcy Trustee took a number of statements from us after checking our photo ID, and these statements were sworn to and notarized, and our conversation was recorded. Also, this was an opportunity for our creditors to appear in person to make claims against us. In our case, no one else showed up. We arrived early and were first to meet with the Trustee. It was over in about 20 minutes.

Hot Tip! The final step in considering bankruptcy is to actually engage the services of an attorney. At this juncture, you attorney will prepare a bankruptcy petition on your behalf that will be filed in the bankruptcy court.

Roughly a month after the Section 341 Meeting, the hearing took place to confirm our Debtor’s Chapter 13 Plan - which was essentially the payback arrangement. Our lawyer stated that we didn’t have to both be there - it would look better to the court if one of us did attend, but neither of us were required. I decided to attend, and this time I had to wait for my case to be called on the docket. I had time to observe hear the discussions related to the cases before mine.

Hot Tip! You can only file for bankruptcy once.

What an eye-opening experience. There were people who had multiple criminal charges and/or civil lawsuits filed against them, complicating their bankruptcy filing. There were people (not present) who hadn’t been in touch with their lawyer for months, and the lawyer was representing them blind. There were people with injuries and health problems that were seriously complicating their financial situation. When my name was called, my lawyer told the judge that I was current in my Chapter 13 Plan payments, all was in order, and my plan was approved. It took about a minute.

This 40-minute period in court, waiting my turn, served me very well in emphasizing that I could be so much worse off than I am! I spent most of my drive home really counting my blessings.

Hot Tip! Because bankruptcy law is a volume business, the time you’ll actually be working with a specific attorney may be small. Don’t hire the cheapest lawyer.

Right now I am working on moving forward to get back on my financial “feet”. Looking back over the past year, I’m relieved to know that there is a system in place for dealing with my debts, and that I can face the future feeling like I have a fresh start. I will continue to document my experience on my site, and invite you to read my articles, as my future unfolds.

Phoenix Blossom-Lipschitz publishes http://www.happy-after-bankruptcy.com and welcomes comments and feedback on her articles on her site.

Filed under: Bankruptcy

A Step-by-Step Guide To Consolidate Your Debt Yourself

Hot Tip! Get all of your bills together and list your monthly debts.

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If you are in debt problems, you are not alone. Statistic has shown that in our country on an average, people have eight credit cards and an average debt of $9340. High interest rate of 18-25% (mainly credit cards) is one of the reasons due to which debt has grown at a pace of 5% every year.

With an increase in debt problems across the whole nation, there is also a fast growth of debt consolidation companies and services surfacing. These companies usually offer easy solutions to help combat your debt problems but not without charges or fees.

Hot Tip! The Debt Consolidation Representative will then contact your creditors, negotiating the lowest interest rates and reduced fees possible.

If you are diligent enough, and know your financial health, you can consider consolidating your debt yourself and save your consolidation fees to repaying your debt.

To consolidate your debt yourself
You will need to negotiate with your creditors to lower your interest rate, and late payment fees which are usually the biggest barrier to clearing your debts. With that done, you will need to draft a budget plan and follow it diligently.

With that said, there are certainly more that that to consolidate your debts yourself. You can refer to this page to understand on how you can consolidate your debts: www.debtconsolidationcare.com/diy/ .There are three resources that you might find very useful here:

Creditors Database
Reveal a list of creditors and collection agencies, with their contact details and most importantly their standard creditor’s debt settlement policies. Knowing your creditors polices will help improve your chances of successful negotiation.

Hot Tip! Sort the debts. You should physically put them into two piles: one for monthly bills you can’t do anything about and one for other (these will end up being bills eligible for debt consolidation).

Sample Debt Consolidation Letters
Provide a list of letters with standard formats written to creditors for different occasions and purposes. There is also a mailing guideline to help you contact your creditors. For those who find it hard to pen a proper letter, this is really useful.

Debt Calculator
An advance and interactive debt calculator to solve and sum up difficult debt related calculations with a few clicks. Use this tool to calculate your monthly payment to help draft your budget plans.

Hot Tip! Worry Wart Approach – Believe everything the debt collection agencies tell you.

When consolidating your debts, self discipline is very important. Make doubly sure that you are committed to your budget plan once its draft and you will soon live a debt-free life again.

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Moses Wright is the webmaster of Bulletpedia.com. He provides more helpful information on debt and bill consolidation tips, personal finance credit help and personal finance loan help that you can research in the comfort of your home on his website.

Filed under: Debt Consolidation

Debt Consolidation Loans and You

Hot Tip! The Debt Consolidation Representative will then contact your creditors, negotiating the lowest interest rates and reduced fees possible.

Got credit card debt? You may be paying way too much every month in interest rates and fees simply because you’re not able to pay it off in time. One of the warning signs is simply not being able to completely pay off your credit card. Another warning sign is struggling to pay most of it off every few months. The clearest warning sign is not being able to meet the minimum monthly payment required by the credit card!

Hot Tip! A Debt Consolidation Repayment Representatives will contact you and will work out a debt management plan.

Whatever the case, you can “nip it in the bud” by paying off your credit card all at once.

How? It’s easy and it’s a smart financial decision for most people. In fact, if you have a credit card with a balance, it’s probably a smart financial decision for you!

Hot Tip! Don’t add to your debt.

Why? Because credit card interest rates are among the highest rates of interest. Credit cards are essentially short-term loans and the credit card companies have been able to keep raising interest rates higher and higher and no one has done anything about it.

But you can. Did you know that many people who fail to pay off their credit card can really get stung by how expensive the interest rate is? It’s true! In fact, a person who pays only the minimum balance on their credit card each month will pay almost half again as much for their purchases simply in interest! That’s a lot!

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So what can you do about it? Easy! You can get a debt consolidation loan and pull all of your debts together. Not just credit cards (although those should be your priority) but also other debts, such as lines of credit, student loans, unsecured loans, wherever you have borrowed money). Each debt that has a higher interest rate should be pulled together and put under the umbrella of a secured loan.

A secured loan uses the value of your assets, such as your home, car, stock certificates, or other assets as security against the loan. You don’t have to deposit the assets at the bank to get the loan, you simply have to have them. And because you have assets as security, the bank or lending institution may be more willing to give you a loan.

So get control of your debts by identifying some assets you can use as security and get yourself a UK secured loan to help you get your life back on track. Hit the reset button on your debts by paying them off at once and paying less with a UK secured debt consolidation loan!

Hot Tip! Sort the debts. You should physically put them into two piles: one for monthly bills you can’t do anything about and one for other (these will end up being bills eligible for debt consolidation).

Jeff Lakie is a contributing author at our website where
You can get a free Secured Loans Quote right now. Take a moment and see
for yourself.

Filed under: Debt Consolidation

Credit Cards Can Aid Bankruptcy Loan Approval!

Hot Tip! For car loans or mortgage loans after bankruptcy, another important consideration is the down payment. If you have enough funds to put down on a car or a house, then finding a lender will not be a problem at all.

Recovering your credit is essential when you want to get approved for a loan after bankruptcy. Most lenders will just run away at the sole mention of the word bankruptcy, so in order to reduce the risk tag that shows on your credit report, you will have to improve your credit history and try to enhance your credit score.

Credit Card & Credit Score

A credit card can do a great deal for your credit score. Since credit card companies inform every credit bureau about your credit behavior, you can, by means of a credit card, improve your credit history easily. You just need to make all your purchases with a credit card, either secured or unsecured, and then pay the balance in full.

While your payments keep getting recorded into your credit report, your credit score will start a slow but continuous ascendant path that will eventually lead you again to a fair credit score. At that stage you’ll be able to apply for a loan without fearing getting declined by the lender due to your past bankruptcy.

Hot Tip! Consider the two common bankruptcy types. The most popular is the chapter 7 (which is a straight or liquidation bankruptcy), and there is also the chapter 13 (which is a repayment plan for individuals).

Cash Back Credit Cards

Cash back credit cards are a great tool for improving your credit. You can use this card to make all your purchases and you’ll receive cash back at the end of each period. This way you’ll have larger balances with the corresponding payments that will be recorded into your credit history and at the same time you’ll receive cash back that you can use for further purchases or destine it to your savings account which is another healthy financial practice.

These credit cards usually offer larger cash back amounts when you purchase on certain places designated in the contract. This is because the credit card company has agreements with other establishments. Just make sure that the products you purchase are not too overpriced at those places. Otherwise, you’ll be loosing money instead of saving. Nevertheless, though they offer larger cash back at those places, you can still get cash back if you purchase at other stores too.

Bankruptcy Loan Approval

Hot Tip! Wait for a meeting of creditors. Once your lawyer has submitted your petition, you will be notified by mail with your date for a meeting of creditors (or a ‘341 meeting,’ named after the section of the Bankruptcy Code requiring it).

Once your credit score has recovered, you’ll be able to get approved for a HREF="http://www.badcreditfinancialexperts.com/guaranteed-loans-after-bankruptcy.html">bankruptcy loan without too much hassle. If your credit score or your credit history still won’t allow approval you can choose to wait or you could try offering some sort of collateral. There are home equity loans specially tailored for those that have gone through a bankruptcy that offer more flexible requirements than unsecured loans.

Applying with a co-signer (as long as the co-signer has a good credit score) will also aid you in the approval process. The co-signer’s credit report will also be taken into account at the time of approval and will compensate for what your credit report lacks.

Hot Tip! Get a copy of your credit report. Many times (most times) the credit accounts that are absolved with your bankruptcy are not removed from your credit report immediately.

Kate Ross is a professional consultant with fifteen years in the financial field. She helps people in the process of securing personal loans, mortgage, refinance or consolidation loans and prevents consumers from falling into financial scams.
Smart tips and interesting articles on this subject and other financial related topics can be found at her website: http://www.speedybadcreditloans.com

Filed under: Bankruptcy

Things to Look Out For Before You Take Up a Debt Consolidation Loan

Debt-Free For Life. Prosperity eBook. How to get out of debt and prosper.

You are in debts and have decided to start afresh with a debt consolidation loan. At this time, the last thing you need is unfavorable terms that will keep you in debts for even longer time.

Be sure to check out the following aspect before you commit and finalize your debt consolidation loan.

Upfront Fees

Small upfront fees like processing fee are common in most debt consolidation loans. Avoid loans with expensive upfront fees and companies that offer to charge you large commission to help reduce your debts.

Interest Rate

Your interest rate should be much lower than that of your credit card rates. A debt consolidation with high interest rates will only slow you down in clearing your loan off. Get and compare as many loan quotations as possible. It would be best to get a fixed interest rate loan such that your monthly payments do not change over time. It will be easier for you to plan your budgeting.

Repayment Period

Your loan repayment period should not be too long as it will increase the amount of interest paid. You can even find yourself paying more than before you consolidate your debts. As far as possible, you should aim for the shortest repayment period to save you on the interest. Try to work out a repayment period and amount where you can manage.

Hot Tip! If Step 7 is negative or very small, your problem is that you don’t have enough money to live on with your current debt. Debt consolidation may help you, but you need to follow a strict budget that will result in the elimination all of your unnecessary debt.

Effects on Credit Rating

Understand your debt consolidation loan procedures before you sign your loan. Ask if it is going to affect your credit rating and scores. Avoid lenders who are not clear on the issue as these are most probably the ones that will mess up your credit rating.

Local Consumer Affairs or the Better Business Bureau

It is in your best interest to check out the reputation of the company that you are working with. You want to avoid working with someone who receives tons of complaints. Check you with your local Consumer Affairs or online with www.bbb.org/ to see if there anr any outstanding issues with your lender.

Hot Tip! A Debt Consolidation Repayment Representatives will contact you and will work out a debt management plan.

With all the above factors considered, you should be able to find a good debt consolidation loan to help you regain a debt-free life.

Moses Wright is the webmaster of Bulletpedia.com. He provides more helpful information on debt and bill consolidation tips, personal finance credit help and personal finance loan help that you can research in the comfort of your home on his website.

Filed under: Debt Consolidation

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