Friday, November 5, 2010

New Toyota Commercial Reinforces Materialism

Been hearing a lot about this commercial lately and decided to let you guys and gals judge for yourselves.



Can we say materialistic children? I embarass my child on a daily basis, with my paint peeling, missing hubcaps, skreetchingly loud when turning the wheel, dent on the back bumper, 10 year old Nissian.
This type of subliminal messaging can only lead your kids into money problems in the future. Teach your kids now about money! It's never to late! After all, wouldn't you rather be a part of the "Geek Family" than Broke?!


If your in debt, CALL DebtHelper.com 1.800.920.2262. We can help!

Friday, September 10, 2010

Five Steps to Take When a Collector Comes Calling for a Debt You Don’t Owe

Debthelper.com = A+
If a debt collector is contacting you about a debt you know you don’t owe, explaining your case can be an uphill battle. Whether it’s a matter of mistaken identity, an honest error or identity theft, the Better Business Bureau recommends taking five steps to fight back against erroneous debt collectors.


According to a 2010 report, the FTC received 119,364 complaints about third-party and in-house debt collectors last year, up from 104,766 in 2008. While complaints can be about any number of issues, trying to collect on a debt the consumer doesn’t owe is common. In a recent example, the FTC reached a million-dollar settlement with Credit Bureau Collection Services over accusations that the collection agency violated federal law by inaccurately reporting credit information and pressing consumers to pay debts they often did not owe.

“It can be an exhausting process to set the record straight on a debt you don’t actually owe,” said Alison Southwick, BBB spokesperson. “Because debts are often sold and resold to many different collection agencies over time, you may have to make the same case every few years when the debt trades hands again.”

If you’re receiving calls for a debt you don’t owe, it could be a case of mistaken identity. Perhaps you share the same name, or even inherited an old phone number of the person who actually owes the debt.

You could also be the victim of zombie debt—it could be that you paid the original debt off but it wasn’t recorded as paid, or the statute of limitations on the debt has expired and the debt collector is trying to get you to pay for a debt you can no longer be taken to court over.

A final common cause of being hounded for a debt you don’t owe is fraud. It could be that you have become a victim of identity theft and someone is opening up new lines of credit or buying items using your good name. Additionally, the “debt collector” calling could actually be an identity thief who is trying to get you to divulge personal financial information such as Social Security, bank and credit card numbers.

If you’re being pursued for a debt you don’t think you owe, BBB recommends taking the following five steps:

1. Request written proof of the debt. By law, a debt collection agency must provide you with a validation notice within five days of contacting you about the debt. If you would like to get verification of the debt, send a written request to the debt collector within 30 days after you receive the validation notice. This written proof can help you determine if the callers are actually identity thieves, or if you really do owe the debt. Once you have the name and contact information for the agency, confirm they are a legitimate debt collector with your BBB at www.bbb.org. After you confirm that you don’t owe the debt, advise the debt collector you do not owe the debt and advise them to stop contacting you (see step 4).

2. Correct any errors. After confirming you do not owe the debt, you may want to correct any incorrect submission related to the debt captured on your credit report. Contact the company that has provided the information to the reporting bureau by writing a detailed letter and include copies of pertinent documents which back your case. The FTC provides additional information on how to report errors at www.ftc.gov.

3. Weed out fraud and errors. Check your credit report with the three major credit reporting bureaus, Experian, Equifax and Transunion every year by visiting www.annualcreditreport.com. If you’ve been the victim of fraud or identity theft, you may also be eligible to view your reports for free. By keeping a close eye on your credit reports, you’ll be able to more quickly identify fraudulent activity or mistakes and make corrections before the debt collector calls.

4. Tell them to stop contacting you. According to federal law, a debt collector cannot continue to contact you—at work or home—if you tell them to stop. After confirming you do not owe the debt in question, you may cease all contact from the debt collection company by sending a letter (via certified mail) to the debt collector advising them to cease contact. Keep a copy of the letter and the return receipt for verification purposes. Any further contact to you from the debt collector except to advise you there will be no further contact, or to inform you that the agency is filing legal action, is a violation of the FDCPA.

5. File a complaint with the Federal Trade Commission. Familiarize yourself with the consumer protections provided under the Fair Debt Collection Practices Act. Included are rules that debt collectors may not make false or deceptive claims and must investigate the validity of a dispute over a debt. If a debt collector violates the law, report them to the FTC—the federal government’s agency overseeing fair debt collection practices. You should also file a complaint with your BBB at www.bbb.org.

Source

Wednesday, September 1, 2010

You're eligible for Chapter 7 bankruptcy, but should you file?

Dear Opening Credits,


My husband and I have accumulated a lot of credit card debt, due to his layoff from a good job and extended unemployment/underemployment. We consulted with an attorney, and it looks like we can do Chapter 7 bankruptcy. We're trying to look at other options, but we're not sure what are legitimate and what are not. Also, we have a lot of pause about a bankruptcy and its effects on our lives for the next 10 years. I'm also concerned about a bad credit report. (Our credit was very good before all this happened.) Thank you. -- Laura

Dear Laura,

Are you familiar with the snappy little adage, "Just because you can doesn't mean you should"? It applies well to bankruptcy. Many people are able to file, but a good portion would actually be better off taking a different course of action. While your attorney said it is a viable option for you, you're right to question whether the legal route is the best road to travel. The person you spoke with likely didn't cover the myriad ways to deal with the debt.

Chapter 7 bankruptcy has equal parts wonderful upsides and rotten downsides. Indeed, it can be a great way to jump-start a new financial beginning. With it, you can walk away from those credit card balances -- well, at least those that weren't incurred for high-dollar cash advances or luxury goods within 60 to 90 days of filing. Those types of purchases might draw the creditor's attention, prompting them to ask that those debts not get discharged.

You don't say how much you owe, but I'll assume it's so much that you're struggling to meet your payments. If you've been late a few times, the interest rates on those accounts will have soared. They could be so high that nearly all of your minimum payment is going toward finance charges. Therefore, each month is the same: You struggle, scrape up as much cash as you can, neglect and even fall behind on vital expenses but get nowhere with that balance.

It seems like a horrible waste, doesn't it? Just think about how you would feel if you could get rid of that debt in bankruptcy. You would be able to use that money you were sending your creditors to pay for living expenses and non-dischargeable bills, and you might even be able to add some into a savings account. That's what people mean when they say it's a fresh start.

Before you get the wrong idea that I'm pushing you toward bankruptcy, know that I am not. If your husband will likely be working again within the next year, I would far prefer that you go on a creditor's hardship plan (assuming it was open to you) where you ask that they suspend payments and maybe even interest and fees for a while. When paychecks start flowing in again, you can get back on track. The fact is, you borrowed that money and ought to repay it if you can.

Other downsides to consider: The bankruptcy notation will remain on your credit report for a total of 10 years. That's a long time for such a black mark to follow you. Back when I was counseling, I used to have my clients picture themselves 10 years older, so a 37-year-old would have to envision herself at 47. Look at it in that kind of mirror and the gravity of a decade is apparent. As for your score, bankruptcy will take it down from where it is now to the very bottom, and it will languish there for a while. Regarding future job prospects, employers aren't privy to your score, but they can see your report --- and thus the bankruptcy. While they are not permitted to discriminate against job applicants who've filed, such a allegation would be virtually impossible for you to prove.

More, if you wanted to finance something during this time -- be it a home, car or new TV -- you would probably be charged a dreadfully high rate of interest. Have valuable property? You may have to give some of it up.

To really help you decide, please visit an accredited credit counseling agency. They will be able to give you a thorough rundown on all of your options, and that may or may not include bankruptcy. For example, a debt management plan could work well for you. Contrary to popular lore, repaying debt on such a program typically boosts a credit rating because it enables participants to resume steady payments.

So should you file, Laura? Perhaps, but only after exploring all other options first.


Source

Tuesday, August 10, 2010

How Not to Fail at Frugality

Yesterday, I had a wonderful conversation with an Associated Press reporter who was writing a story about teaching children how to be frugal. The discussion wound around through several topics, eventually coming back to the idea that many people (like, for example, Ramit) do not like frugality because it doesn’t give you the “big win” and that people don’t like giving up things like lattes.

She herself gave an example of this. She lives in a major metropolitan area and lives in a small apartment, which means that, in order to entertain friends, she has to do it outside of the apartment.

My response to her was simple: one of her key values is entertaining friends, so that shouldn’t be an area where she cuts back. Instead, she should cut other areas to the bone, and I mentioned making your own laundry detergent.

Why the “latte factor” has problems
David Bach has long been one of the most well-known personal finance voices out there. He’s written a small truckload of personal finance books and reached a lot of people.

One of his most well-known ideas is that of the “latte factor.” To put it simply, it means that if you simply stop buying a latte each day and save that $5, you’ll begin to build that into a great deal of wealth. $5 every day for a year adds up to about $1,800. Investing it at 8% interest and repeating for two decades gets you just under $83,000. That’s just from avoiding a single latte a day.

The math there is absolutely correct – and the concept works, too. If you cut something small out of your life and consistently save the money from that cut, you’re going to end up with some serious change over time.

The problem is what you’re giving up. The “latte factor” of course refers to coffee – something that’s inessential to basic life, something that’s purely a treat. Yet, for some people, a latte a few times a week is a significant part of their emotional happiness. They rely on that sweet flavor and that little caffeine boost and it fuels them throughout a challenging day.

When you take away that latte – from some people, mind you, not everyone – a very noticeable part of their spice of life goes away. The latte is the big treat in their day that really brings them a shot of happiness and makes the day easier. Taking that away makes their day much drearier.

That’s the inherent problem with the latte factor: when you apply it indiscriminately to everything in your life, you’re going to chop away things that are unimportant – but you’re going to also whack away things that are really important to you.

I prefer the “laundry detergent” factor
Everyone has different little things that make their life happy and bearable. For some people, it is that morning cup of coffee. For me, it’s having books to read and a game to play.

The trick is figuring out which of those little thing really does brighten your life – and which of those things don’t. What you’ll find is that when you really dig into this question, you begin to find that surprisingly few things really make you significantly happy (beyond the initial burst of pleasure at acquiring something). An awful lot of things we buy are part of a routine or done to make others happy or done because we’ve believed that it’ll make us happy when it really doesn’t.

That’s the reason I prefer the “laundry detergent factor” to the “latte factor.” Some people get a great deal of personal pleasure and joy from their morning latte. I’ve yet to meet someone whose life is made substantially better by their decision to buy Tide over another laundry detergent.

Thus, I usually tell people to make their own. You’ll save around twenty cents per load of laundry with a homebrew detergent, and it takes about ten minutes to make a batch that will handle fifty loads. Quick back-of-the-envelope math tells you that making a batch of this stuff earns you about $10 (after tax) in ten minutes.

Once you’ve done that and seen how easy it is to save money while living a little cheaper and not reducing your quality of life, start searching for other methods to do it again. Install a programmable thermostat to whack your monthly energy bill. Properly inflate your car tires to improve your gas mileage. If you don’t read magazines much, cancel your magazine subscriptions. If you rarely watch television, drop your cable. Make a simple price book and figure out the best value grocery store around you (unless, of course, you get deep personal value from shopping specifically at Kroger’s).

If something seems difficult or makes you deeply sad, don’t be afraid to back off. You’re probably hitting on something important to you and, unless you’re in deep financial straits, you’ll find more success by leaving those areas alone.

Good luck!

Source

Thursday, July 15, 2010

America's new debtor prison: Jail time being given to those who owe

Debtors prisons were federally abolished in the United States in the 1800's, yet in certain states, they seem to be making a comeback. Out of Minnesota come disturbing reports of Americans being thrown in jail due to outstanding bills -- sometimes for as little as $85. The Star-Tribune of Minneapolis profiles a number of people who say their debts got them jailed, including Joy Uhlmeyer a 57-year-old patient care advocate who was pulled over on her way home from visiting her elderly mother and put in jail for a night for missing a court hearing about unpaid debt.

The Star-Tribune reviewed the state's court documents and found that arrests like Uhlmeyer's are up 60% in Minnesota over the past four years. And Minnesota isn't the only state where this is happening. It's a turn of events Ed Mierzwinski, consumer program director at advocacy group U.S. Public Interest Research Groups (or PIRG), calls a "very bad situation for consumers." Mierzwinski attributes the practice to "bottom-feeder debt collectors [who] are very aggressive."

People who are imprisoned for their debts are technically locked up for contempt of court after failing to appear for a hearing pertaining to their debt. It's a legal loophole that debt-collection companies are increasingly using. Here's how it works: First, the collections company files a lawsuit against the debtor, which requires them to appear in court. If the debtor doesn't show up, the creditor wins a default judgment against them. This allows them to ask the court to schedule another hearing at which the judge can go through the debtor's assets and determine if actions such as wage garnishments or bank account seizures can take place.

If the debtor doesn't show up to that hearing, the hammer of justice can come down hard and fast. From there, the judge can order the debtor in contempt of court and issue a warrant for their arrest. If this seems unnecessarily punitive, the price to get out of jail is even more so, say consumer advocates: Generally, the judge sets the cost of bail at the amount of the disputed debt, an amount which is then turned over to the creditor.

"This is the private use of government resources to collect debt," Pete Barry, partner at law firm Barry & Slade LLC, told Walletpop. One of Barry's clients was arrested at her workplace for not filling out and sending back a form demanded by the creditor. The client, Barry says, suffered the humiliation of having to have her boss come to the jail and post a bond before she could be released. The bond money, he added, was turned over to the creditor. "They're using the court system as their collection agent," he says.

"There are big issues," says Ira Rhinegold, executive director of the National Association of Consumer Advocates. "Minnesota isn't the only place it's happening, but it seems to be the worst. They're leading the way," he says, noting that NACA has heard similar stories out of Wisconsin, New Jersey, Arkansas and Washington.

Rhinegold tells Walletpop that some unscrupulous debt collectors never even send debtors the required notification that the case is being taken to court. Then the debtor fails to show up and the collector wins a default judgment, which can pave the way for imprisonment until they post their bond.

What's behind all of this? "In some ways it stems from the growth of the debt buying industry," says Rhinegold. Collection agencies buy debt for pennies on the dollar, then hire lawyers to chase after even the smallest amounts. Of all of the unfair aspects of this chain of events, advocates say the most galling is that, in many cases, consumers may not even be legally responsible for the debts for which they're being jailed. In fact, the debt may not even be theirs, the amount may be inflated by penalties and attorney's fees, and it's almost certainly been written off by the original creditor -- who then resold it for pennies on the dollar to a debt-collection firm that plays hardball to get money from consumers. Often, says Rhinegold, the collector doesn't even have the paperwork that would prove that existence of the debt. In these cases, the judge will dismiss the case against the debtor. All the debtor had to do was show up for their day in court.

For this reason, Gail Hillebrand, financial services campaign manager at nonprofit Consumers Union, says it's vitally important for consumers to respond if you get a letter threatening legal action and requiring a court appearance. The name of the collector can change because of how often debt is resold, she warns. So if you have an outstanding debt, don't assume that a notice that seems to come from a different company than the original lender is junk mail. "The problem is that people don't realize what it is," she says.

It's important to do some research first, though. If the debt isn't yours, you can dispute it. Even if it is, showing up to court can sometimes lead to an outcome in your favor if the collector can't prove you owe the debt. Either way, it will keep you from being hauled off in handcuffs.

Source

Monday, June 28, 2010

When will BP send you to BK?

If you still need the required counseling for bankruptcy,
Debthelper.com can help! Call us today. 800-920-2262.

Alert: Obama Warns World Leaders ‘Millions Could Die’ From Gulf Oil Disaster

A sobering report circulating in the Kremlin today from President Medvedev’s meeting with other World leaders at the G8 summit in Muskoka, Ontario states that President Obama has warned his counterparts that the Gulf of Mexico oil disaster “will most likely kill millions, perhaps tens of millions” of people during the coming year.

Fueling Obama’s dire assessment of this “Gulf Apocalypse”, this report says, are the oil and toxic rains now being reported to be falling throughout the US Gulf Coast region due to the fracturing of the Gulf of Mexico seafloor allowing untold millions of gallons of oil and millions of cubic feet of methane gas to escape unchecked into our World’s seventh largest body of water, not to mention the millions of gallons of dangerous disbursements being used that is poisoning everything in its path.

So dangerous has the Gulf Coast environment become to human beings the United States Centers for Disease Control and Prevention (CDC) issued a warning that, in part, says: “People, including pregnant women, can be exposed to these chemicals by breathing them (air), by swallowing them (water, food), or by touching them (skin). If possible, everyone, including pregnant women, should avoid the oil and spill-affected areas.”

With nearly 20 million American’s living along the affected Gulf Coast region one wonders where they could all go and leaving many to speculate a massive evacuation is being planned by the US Government of the entire region.

This view, however, is not shared by a Louisiana woman named Kindra Arnesen who was allowed unprecedented access to the BP Operations Center overseeing this catastrophe and reported to the Gulf Emergency Summit this past week that along with millions of fish dying because of this disaster people are falling ill all over the region.

Even worse is Arnesen’s incredibly reporting that even as this oil disaster grows BP is being allowed the US government to begin cutting costs in their cleanup and oil containment efforts.
Important to note about in this report is that Obama’s warning that “millions could die” from this disaster has been further confirmed by the American engineer who helped lead the team to put out the Persian Gulf oil fires set by Saddam Hussein in the first Iraq war and had warned a full 12 months before the April sinking of the Deepwater Horizon that BP was drilling into a huge methane deposit that if released would be beyond catastrophic, it would be biblical in its scale of destruction.


Interesting to note too is that one of the World’s top oil and gas industry experts Matthew Simmons is calling for the evacuation of the entire US Gulf Coast, and as we can read as quoted by him in an interview with the Washington Post News Service: “We’re going to have to evacuate the Gulf States. Can you imagine evacuating 20 million people? . . . This story is 80 times worse than I thought.”

Now the “80 times worse than I thought” comment by Simmons is one of the most vitally important points to understand in this unfolding historic disaster due to the findings of the United States National Oceanic and Atmospheric Administration (NOAA) high-tech research ship Thomas Jefferson, and as we can read as reported by the Los Angeles Times News Service:
“The National Oceanic and Atmospheric Administration on Monday released new data from the agency’s latest research trip through the Gulf of Mexico, showing concentrations of oil below the surface at more than 3,600 feet below the surface, about 7.5 nautical miles southwest of the BP’s blown-out well.

The Thomas Jefferson research ship found evidence of depleted oxygen, a potential sign of microbes digesting oil, in the area. Acoustic and fluorometric instruments likewise indicated the presence of oil. Water samples taken on the trip have not been analyzed.
Since the leak began April 20, attention has been focused on surface oil washing up on environmentally fragile shoreline ecosystems. But “plumes” or “clouds” of oil hovering in the water column below the surface, where myriad marine life eat, breed and swim, has as much or more potential to cause ecological damage to the Gulf, scientists have warned.”

Not being explained to the American people about NOAA’s findings is that the live video feed of this spill being shown to them of this spill contains oil and methane gas being expelled at pressures estimated to be at 100,000 pounds per square inch (psi) and cannot in any way being associated with the massive underwater oil plumes found by the Thomas Jefferson nearly 8 kilometers away.

To where these massive underwater oil plumes are coming from, Simmons stated during an interview on the US television network MSNBC that the release point was “5 to 6 miles away” from where the Deepwater Horizon sunk.

In our June 10th report “Scientists Warn Gulf Of Mexico Sea Floor Fractured “Beyond Repair” we reported that Russian scientists (the only scientists to have actually viewed this disaster in their deep submersible submarines) had likewise confirmed Simmons dire assessment of this catastrophe; reports, mind you, that not only have we seen, but Simmons has undoubtedly seen too.

Most incredibly in all of these events is that Obama has issued what many experts are calling a “get out of jail free card” to BP in the setting up of a $20 Billion “sham” cleanup fund paid for by this British oil giant that allowed them to borrow from Goldman Sachs the entire amount and not affecting their bottom line for years, if not decades to come.

To the greatest consequence of this catastrophe upon the American people, an FSB appendix to this report warns that the US Soldiers currently deployed throughout their island territory of Puerto Rico are in fact being trained in how to “suppress and contain” large concentrations of people and being “recycled” to military bases throughout the State of Florida where they will soon be joined by an estimated 28,000 NATO allied troops where both will join up with an estimated 7,000 pre-positioned UN marked vehicles for purposes “still not known or clearly stated by the US”.

To the greatest danger facing the American people it comes from the founder of the psychoanalytic school of psychiatry Sigmund Freud’s nephew Edward Bernays, the father of the field of “public relations” and propaganda, who said that news was made “when reality is distilled down to the most simplified and dramatized form and it appeals to the instincts of the public mind.”

Unfortunately, the “instincts” being instilled in these Americans “public mind” is going to kill them as there is NOTHING to be simplified about this catastrophe, and what they aren’t being told by their so called mainstream media, or what they aren’t willing to find out for themselves, is going to kill them. Just like all of those who cleaned up the1989 Exxon Valdez spill disaster, ALMOST ALL OF WHOM ARE NOW DEAD.

Friday, June 25, 2010

Bankruptcy - What if the Creditor Didn't Intend to Harass You?

Written on April 2, 2010 by Eugene S. Melchionne Attorney at Law in Bankruptcy Basics

It is not necessary to prove intent to violate the automatic stay when a creditor calls after you have filed for bankruptcy in order to recover damages for harassment.

Considering the previous post, you may imagine that the creditor who harassed you claims in Court, “I didn’t mean to violate the automatic stay when I sent bills and made those 3 AM phone calls. It was an honest mistake!” Thankfully, if he argues something like this, the Judge will side with you.

When attorneys file motions against creditors for violating the automatic stay, all they need to show is that the actions were a “willful violation” of the stay. That means the creditor “knew or had reason to know” that you filed for bankruptcy.

In practical terms, this means your attorney does not need to show intent or some nefarious scheme to try to collect despite the bankruptcy or sent out an incriminating memo stating a desire to violate the stay.

In other words, your lawyer merely needs to show the Court that the creditor should have known the automatic stay existed and that the creditor sent the notice. By showing this, you will receive damages from your harassing creditor.

Of course, the nest question to be answered is “what are the damages?” While emotions are a factor, it is impossible to put a number on them. However, if you lose time from work or have to pay an attorney to defend you or are put to some other cost, these can be recoverable.

If you’re thinking about bankruptcy in Connecticut, please contact me for a free initial consultation to get answers to all of your Connecticut bankruptcy questions.

Contact Attorney Melchionne
Eugene S. Melchionne, Esq.27 First Ave.Waterbury, CT 06710(203) 757-3437

www.mybkcounseling.com

Wednesday, May 26, 2010

Credit after bankruptcy: Brave new world in 2010

If you still need the required counseling  for bankruptcy, Debthelper.com can help! Call us today. 800-920-2262


What will bankruptcy do to my credit rating ? is the most frequent question prospective bankruptcy filers ask. I try to stifle my knee jerk reaction to ask if anyone who knew the truth about their financial situation would lend to them now, and now I say truthfully, I don’t know.


Before the Great Recession, I could tell clients several things with confidence:

Your bankruptcy filing becomes less and less significant with each passing year

A recent bankruptcy influences chiefly the price of credit; credit is still available

You recover for home buying purposes faster than for unsecured credit

Parts of your credit score will go up immediately after the discharge

As the economy improves, I doubt that we will return soon to the way it was before: credit given out indiscriminately almost irrespectively of the borrower’s ability to repay. I hope not.

I think that going forward credit in general will be more limited and even based on an estimate of the borrower’s ability to repay. I hope that borrowers will take on debt with the same thoughts in mind.

But even if credit is less available, I suspect that the principles I’ve been reciting will remain true. People with little or no debt will be better candidates for credit than those who have lots of outstanding credit, even if they are current on that debt.

The other fundamental issue is that one’s financial health is not measured by how much money you can borrow. It’s measured by your net worth, your available cash flow, and the stability of your income. The elephant in the room for most of my clients is that, whatever their age, they are under-prepared for retirement. Rather than thinking about what kind of “things’ they can acquire on credit, they need to be living beneath their means and saving for retirement.

But I am certain that whatever the availability and terms of future credit, 99.9% of the people in my office asking that question will be better off shedding impossible debt in bankruptcy.

Source

Friday, May 14, 2010

Mutual Funds

Establish the right mix of mutual funds for you Low-risk stuff pays nothing nowadays, so you need to invest in stocks and bonds to earn a decent return.
Ingredients:
• Internet access.
• The result of your risk-tolerance test.
Instructions:
• See the model portfolios assembled using Kiplinger 25 funds.
• Choose the portfolio that most closely matches your recommended allocation. Tweak the allocations if your target for stocks doesn't align closely with one of the model portfolios.
If you're investing in a taxable account, consider using the Fidelity Intermediate Municipal Income (FLTMX) fund for some or all of your bond allocation.
Total time: five minutes.

Buy mutual funds
Ingredients:
• Internet access.
• A brokerage account.
• Your perfect portfolio.
• A calculator.
Instructions:
• Translate your portfolio's allocations from percentages to the actual dollar amounts you plan to invest.
• Next, log in to your brokerage account, and go to "trade."
• Place your orders.
Total time: up to 15 minutes.

See whether your fund managers have skin in the game
If the fund manager has money alongside yours, your interests are aligned.
Ingredients:
• Telephone or Internet access.
• Money in a mutual fund.
Instructions:
• Read a fund's "statement of additional information" to find out whether your manager has money in the fund. The statement will describe a manager's investment in broad dollar ranges, from zero to more than $1 million.
The statement is usually available on the fund's website. If not, call the sponsor and ask for the document to be mailed to you.
Total time: five minutes online or about 10 minutes for a phone call.
Source

Thursday, May 13, 2010

South Florida Distressed Homeowners

The following are some of the options open to the South Florida distressed homeowner:

Many homeowners in Florida have experienced an unprecedented loss of value in their homes. In the years leading up to what the media likes to call the "Mortgage Meltdown" many homeowners were enticed to tap in to the seemingly abundant and always increasing equity in their home to consolidate credit card debt, do home improvements, or simply take some cash out of their home to pay for a vacation.
The temptation to take out a Home Equity Line of Credit (HELOC) or to refinance was fueled by the never ending advertisements on all type of media promising all time low interest rates, small monthly payments, and the ability to "write off" the payments come tax time.

1. Mortgage Modification - HAMP or otherwise. As the mortgage companies have ramped up their staffing, the ability to achieve a HAMP or other modification has been increasing. The government regulations have also been improved over time to increase the achievement of modifications.

2. Short Sale - often favored by real estate brokers, but may soon have more actual benefit for homeowners if FNMA guidelines are changed to allow for better future credit for short sales rather than foreclosure.

3. Deed in Lieu of Foreclosure - the homeowner gives a deed to the mortgage company to avoid a full judicial foreclosure. Often not requested by mortgage companies due to possible title issues.

4. "Walk Away" from Home

5. Chapter 13 Bankruptcy - often combining a HAMP modification for the first mortgage and an avoidance of the second mortgage. Recent changes in HAMP rules have approved the use of HAMP within chapter 13 bankruptcy.
Source

New Grads: Four Money Facts Worth Knowing

Graduation season’s just around the corner, and soon-to-be grads nationwide are plotting the next big move. Many of you coming out of college may soon start earning your first steady, full-time paycheck (and it will hopefully be bigger than those $8-an-hour jobs you used to work over summer vacation).

But with a new income come new expenses.

The transition from college to real life can be a culture shock…especially on finances. It’s easy to get spend happy with your new lease on life, but before you go out and buy the BMW you’ve been eying since your senior year in high school (and yes, no matter how meager your first full-time salary, there’s an auto dealer somewhere that’ll approve that loan) take these four post-grad money tips into consideration:

Mom and Pop Are the Best Landlords

Last week, I wrote all about how to get a cheaper rental rate. But if you want to be really savvy, avoid paying rent altogether. I know you don’t want to hear it, but why not try moving back in with Mom and Dad?

Your parents probably won’t charge rent (or little if any at all), will probably pay all the utilities, and they might even foot the grocery bill. What’s not to love? If they’re willing, and you think you can forgo your sanity for six months to a year (I’m kidding), it might be wise to consider moving in with Mom and Dad for a while after college.

Yes, after four years of independence, it’s hard! But with such low living expenses, you can start paying off those student loans or saving for an apartment of your own. I managed to survive living with my parents for a year after college and my finances are still thanking me today.

New Cars Aren’t a Good Investment

So many people think they need to buy a brand new car as soon as they graduate from college. True: some grads may need a new car since their college ride is about to kick the bucket, but many of us can get by on the same wheels for a while.

If your car is starting to cost you more in repairs than it’s worth, than it might be time to buy a new car.

That said, it’s not always the best idea to buy a brand new car. I made this choice right out of college and now wish I would have opted for a used car. I figured after four years of college and landing a full time job, I deserved to take out a $17,000 loan and buy a brand new car. But I’ve since realized that hot- off-the-lot cars aren’t the best investment…in fact they’re not really an investment at all.

Brand new cars depreciate rapidly…as soon as you drive them off the lot. And the value of a car continues in a downward spiral for the rest of its useful life. So, if you’re in desperate need of transportation after graduation, consider scouring the used car section of the want ads for good deals or check out the certified used cars that some dealerships offer.

Your Bank Account Won’t Keep Up With Your Social Life

In addition to your new work life and financial independence, your social life may blossom after graduation. Hanging out with friends and even going on dates may become the foundation of your evenings and weekends. It’ll be tempting to follow in friends’ footsteps and spend loads of cash on daily happy hours, dinners, or other events.

You can’t avoid a social life in an effort to save money, so you’ve got to find a happy medium. Work out a budget with your new income and decide how much you can spend — not what your friends can spend — on entertainment every month. Of course, allow yourself a bit more fun money than you did in college now that you’re a working guy or gal. Just figure out what maximum amount will allow you to save for other things like a vacation, a house, or retirement.

It’s All About BALANCE

I’ve mentioned before the importance of balance to everyone’s financial situation. A life change like college graduation upsets the balance of your budget. That’s okay; you’ll just need to sit down and figure out what works best for you now that you’re not eating dorm food or relying on your parents to deposit $100 into your bank account every other week.

Budgeting after college graduation can be tough and confusing. If you know what’ll work best for you instead of trying to keep up with everyone else, you’ll be setting the foundation for a prosperous and happy financial future.

Carrie is in her mid-twenties and currently studying for the CPA exam, so she can give us some desperately-needed tax advice. She blogs about her journey to financial independence at Carrie…On the Cheap from her home in Kansas City, Missouri. You can also find her on Twitter: @CarrieCheap.

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Thursday, May 6, 2010

7 Ways Moms Can Boost Their Financial Security

This Mother’s Day, focus on your financial future -- and that of your children.
When it comes to the financial relationship between moms and their kids, it’s all about giving -- giving advice, giving a helping hand, giving to charity. For instance, in the Thrivent Financial/Kiplinger Survey of Family Finances, 17% of respondents cited their mother as being most influential in shaping their attitude toward charitable giving, second only to faith communities (22%). At 6%, dads were in fifth place.

That squares with other surveys showing that mothers are the most influential source when it comes to teaching money-management skills. A new poll by Charles Schwab found that nearly 60% of women have used the recent economic turmoil to talk to their children more about money management.

At the same time, women express more anxiety about money than men do. In the Thrivent Financial/Kiplinger survey, women were more likely than men to say that they were struggling financially (37% versus 29%) and less likely to describe their financial situation as stable (26% versus 33%). Likewise, in the latest Retirement Confidence Survey from the Employee Benefit Research Institute, men were more confident than women that they would be able to save enough to live comfortably in retirement.

So this Mother’s Day, maybe moms should take a break from giving and spend a few minutes taking stock of their own finances so that they can bolster their financial security and that of their children. Take these seven steps to start the ball rolling.

Talk things out. When asked in the Thrivent Financial/Kiplinger survey what they would change about their spouse or partner financially, 29% of women confessed that they’d like him to earn more. But 21% said they wished he would discuss money issues more frequently. Too shy to start what may be an awkward conversation? At least sit down together to write down your goals and see whether you’re on the same page. Or schedule a money date to discuss financial issues.

Start saving for retirement. Small amounts put aside when you're young grow into great gobs of cash when you're older -- and lay the foundation for financial security and independence. Take the case of two people -- one who saved $3,000 a year for ten years (or $30,000) in an individual retirement account (IRA) between the ages of 20 and 30 and then stopped, versus another who began saving at age 30 and faithfully contributed $3,000 each year for 36 years (or $108,000) until retirement at age 66. Assuming an 8% annual return, the person who started saving earlier would accumulate about $778,000, compared with roughly $602,000 for the individual who started later (see our How Much Will Your Savings Be Worth? calculator).

If you’re in the workplace, sign up for your employer's retirement plan, and aim to contribute at least enough to qualify for any employer match. You can't afford to turn down free money. In 2010, you can contribute up to $16,500 to a 401(k) or another employer-based retirement account, or $22,000 if you’ll be 50 or older by year-end. And never cash out your company plan if you switch jobs.

Set up your own retirement account if you’re not covered at work -- or even if you’re a stay-at-home mom. For women, one of the great features of an IRA is that you can have one even if you don’t have a paying job, as long as your husband is employed. In 2010, he can contribute up to $5,000 of his compensation ($6,000 if you’re 50 or older) to an account for you, in addition to squirreling away $5,000 (or $6,000) in his own IRA. You can open either a traditional IRA or, if you meet income requirements, a Roth IRA (see Why You Need a Roth IRA)

Not only does this give stay-at-home mothers their own retirement stash that they can invest and control, but it also doubles the tax breaks and savings power available to you as a couple.

Buy plenty of life insurance. Once you have children, life insurance becomes a family priority because your kids would suffer financially if you weren’t around to provide for them. Women who are stay-at-home mothers and who are almost completely dependent on their husbands’ income are particularly vulnerable. But even working moms could be at a serious financial disadvantage if they were left to bring up a family alone.

As a rough rule of thumb, figure that insurance coverage should equal eight to ten times your total household income, including any coverage you have through your employer. (For a more precise estimate, use our insurance calculator.)

Although women are most often the ones who benefit from life insurance, don’t underestimate your own importance and value -- financial and otherwise -- in supporting your family. If you have a paying job outside the home, add together both your income and your spouse’s to figure your total need for coverage, and divide it proportionately between individual policies on each spouse.

To keep things both simple and inexpensive, buy term life insurance. You can buy several hundred thousand dollars’ worth of coverage for just a few hundred dollars per year. To price policies -- especially if you have medical issues -- go to AccuQuote (www.accuquote.com) or call 800-442-9899 begin_of_the_skype_highlighting 800-442-9899 end_of_the_skype_highlighting. It’s one of those financial tasks that will take you only 15 minutes (see Recipes for Quick Financial Fixes).

Recalculate your life-insurance needs at various points in your life. You may need more coverage, for example, if you have another child. On the other hand, once your children finish college and are less dependent on your income, you may need less insurance -- or none at all.

Write a will. In the absence of a will (intestate, in legal-speak), your state’s one-size-fits-all estate plan kicks in, and it may not be tailored to your needs or your children’s. For example, as the surviving spouse, you may get only a fraction of your husband’s assets, with the rest going to your children. If you and your spouse both die, the state decides who will raise your kids.

With a will, you call all these shots. You can divide your property just about any way you like and design creative trusts for your children that distribute money at specified ages, for example, or tie assets to specific purposes, such as paying for college. Review your will after the birth of each child.

Choose a guardian. Think of a will as a way to protect your most precious assets -- your children -- if something should happen to you and your husband while the kids are still minors.

Parents are often tempted to rely on informal guardianship arrangements -- “My sister has agreed to take care of our children if we aren’t around.” But an informal arrangement doesn’t have the legal standing of a formal guardianship.

And if both you and your husband should die without having formally named a guardian, the courts will decide who’s going to rear your kids. It’s possible that a judge could choose the one relative you wouldn’t want. Worse, a family battle could ensue, and the cost of a court fight would come out of your estate -- that is, your kids’ pockets. You can avoid all of these hassles by naming a guardian in your will.

Get your fair share. Just as important as setting up a will is reviewing the beneficiary designations on insurance policies, pension and profit-sharing plans, IRAs, 401(k)s, and other retirement plans. These assets go to whomever you’ve named as beneficiaries; they’re not covered by your will.

If you fail to update beneficiaries, you could find yourself in the position of Caroline, who was unexpectedly widowed at the age of 32. Before Caroline and her husband met, he had named his mother as the beneficiary of his retirement account and had never bothered to update the papers after he married. When he died, there was nothing Caroline could do to get access to that money for herself and her young daughter -- except depend upon the kindness of her mother-in-law. That’s yet another reason to take financial matters into your own hands.

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Friday, April 30, 2010

Filing for Bankruptcy? A Step-by-Step Guide

If you are planning on filing for bankruptcy, there are a number of steps that you will need to complete. If you successfully complete the process, you will be able to take control of your debt situation or completely eliminate it. Here are the basics of how to file for bankruptcy.


The first thing that you will need to do is choose which type of bankruptcy that you plan on filing for. There are 2 main types of bankruptcy that most people use. These types are Chapter 7 and Chapter 13. Chapter 7 is known as the liquidation bankruptcy. With this type of bankruptcy, you will be able to discharge your debt so that you do not have to pay it any longer. With Chapter 13, you will be going through a reorganization and coming up with a plan to repay your debt.

Chapter 7 is the most sought after form of bankruptcy because it eliminates your debt. However, not everyone is eligible for it. You have to meet income requirements or pass a discretionary income test in order to qualify for Chapter 7. If you do not qualify for Chapter 7, you can file for Chapter 13 in most cases.

Hire a Lawyer

Although you could potentially file for bankruptcy on your own, hiring a lawyer will usually be the best decision. They can provide you with experience in the matter that you are lacking. They will help you fill out the necessary paperwork, meet the deadlines, and walk you through the entire process. They can also be beneficial when trying to decide which type of bankruptcy to file. You want to hire an attorney that specializes in bankruptcies instead of some other type of attorney for this process.

Documents

Once you have hired legal representation, you will need to go to the courthouse and get the appropriate documents. You will have to fill out a petition that says you are filing for bankruptcy. You will also have to gather your financial documents together that detail every aspect of your life. You will have to show how much income you make, how much debt you have, and what you have in the way of assets. You will have to detail all of this information on the appropriate bankruptcy forms with your court system.

Credit Counseling

Most states will require you to complete credit counseling before you are eligible to move forward with your bankruptcy. This will have to be done with a certified credit counseling agency. You will have to provide proof to the court system that you attended the counseling session.

Bankruptcy Trustee

With both types of bankruptcy you will have to work with a trustee. With Chapter 7, they will determine what assets you have and liquidate some of them to repay your creditors. With Chapter 13, the trustee will oversee your repayment plan.

Discharge

If you are using Chapter 7, the judge will then discharge your debt. This means that you no longer owe the debt that was discharged and creditors cannot attempt to collect it from you any longer.

Wednesday, April 21, 2010

Why Credit Cards Can Be So Devastating

We are a society that runs largely on plastic. It’s easy. It’s convenient. And we don’t really have to watch the money leave our hands. And, if we are using credit cards, the money being used may not even be ours. Credit cards, when used irresponsibly, can have devastating effects on your finances:


Out of Sight, Out of Mind

One of the biggest issues is a mental issue. When using credit cards, it is easy to rack up the balances because you don’t actually see the money going anywhere. It’s really easy to spend a great deal in a short amount of time because you’re not pulling a dwindling pile of cash out of your pocket. Without really paying attention to what you are doing, you might find yourself spending more than you thought you would. (Indeed, studies show that those who use credit cards spend more on an average shopping trip than those who use cash.)

The fix: Pay attention to your spending. Just as your track money coming out of your checking account, you should track your credit card spending. Personal finance software can help you keep track, and financial applications on your smart phone can keep you up-to-the-minute. Consider what you spend on your credit cards as coming out of your checking account, and prepare to pay the balance of each month.

Carrying a Balance = High Interest Charges

Credit cards are so devastating because of their interest rates. When you pay interest, you are paying money directly into someone else’s pocket — all for the privilege of borrowing money. While credit card interest rates aren’t the highest out there (they are lower than pay day loan rates), they are still quite high. And, when interest is compounded daily, it means that every day that you have a balance means that you are charged a little more interest. That interest is added to your overall balance, and then interest is charged on your accrued interest as well as the principal. Soon, things get out of hand, and you find you have paid more in interest than you even borrowed in the first place.

The fix: Pay down your debt as soon as possible. Start with the highest interest credit card first, and put what you can toward paying that card down. If you use your credit card in the future (for rewards programs), make sure that you only spend what is in your budget. Pay off your card balance each month so that you aren’t charged interest.

Small Minimum Payments

It may seem like a great deal. You charge a large purchase on your credit card, and then you only have to pay around $25 a month for it. Score! Unfortunately, if you only pay the minimum payment, you could be paying that purchase off for the next 10 years; chances are that item will be long gone by the time you pay it off. On top of that, when you pay only the minimum payment, most of your payment actually goes toward your monthly interest charges. So the balance is reduced at a snail’s pace. By the time you pay off the card, making only minimum payments, you will have repaid three or four times the amount you originally borrowed.

The fix: Always pay more than the minimum payment. Pay off the entire balance each month if you can. It’s best if you just save up to buy large items, making sure that you can pay off the purchase right after you make it. If you decide you have to have it now, reconsider. If you can’t pay off an item in two months, you really probably can’t afford it.

The Debt Cycle

The combination of easy spending, high interest rates and low minimum payments makes credit cards so devastating to finances. It promotes a cycle of debt in which you spend years buying a few things on credit, carrying balances and paying them down slowly. Indeed, this combination is exactly what credit card issuers want: An army of consumers that are able to continue to make payments (comprised mostly of interest charges) without actually completely succumbing. It’s about encouraging consumers to live on the edge.

If you want to break the debt cycle, you have to get back to financial basics:

■Spend less than you earn.

■Create a spending plan or budget and stick to it.

■Say “no” to consumer items you can’t actually afford.

■Pay down debt.

■Save for the future.

Work toward moving beyond the debt cycle, and you will find that credit cards lose their power to devastate you financially.

Source

Tuesday, April 6, 2010

Bankruptcy Stats Take Center Stage in Health Care Reform Debate

Statistics have long told us that a significant percentage of personal bankruptcy filings in the United States stemmed from medical problems. A 2001 study indicated that medical problems were a contributing factor in at least 46.2% of personal bankruptcies. By 2007 that number had climbed to 62.1%, and a separate study estimated about 70% in 2008.
The importance and validity of those figures has been hotly debated, but at last week's White House health care summit a significant fact bubbled to the surface: about 80% of those whose bankruptcy filings were triggered by medical bills actually had health insurance coverage. That news--which isn't really news at all but hasn't been the focus of much coverage in the past--shifts the scope of the problem somewhat.
The approximately 47 million uninsured Americans have been mentioned liberally, but this statistic tells us that those without insurance are not the only people adversely affected by our current health care system. In fact, many of those who believe the current system is working well for them may believe that only because they haven't faced the kind of catastrophic illness or injury that has forced their fellow insured Americans into bankruptcy.
Whatever the solution to America's health care crisis might be, this data is key to understanding the extent of the challenge.
Source

Monday, April 5, 2010

Chapter 13

Background
A chapter 13 bankruptcy is also called a wage earners plan. It enables individuals with regular income to develop a plan to repay all or part of their debts. Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor's current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period "for cause." (1) If the debtor's current monthly income is greater than the applicable state median, the plan generally must be for five years. In no case may a plan provide for payments over a period longer than five years. 11 U.S.C. §1322(d). During this time the law forbids creditors from starting or continuing collection efforts.

Advantages of Chapter 13
Chapter 13 offers individuals a number of advantages over liquidation under chapter 7. Perhaps most significantly, chapter 13 offers individuals an opportunity to save their homes from foreclosure. By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time. Another advantage of chapter 13 is that it allows individuals to reschedule secured debts (other than a mortgage for their primary residence) and extend them over the life of the chapter 13 plan. Doing this may lower the payments. Chapter 13 also has a special provision that protects third parties who are liable with the debtor on "consumer debts." This provision may protect co-signers. Finally, chapter 13 acts like a consolidation loan under which the individual makes the plan payments to a chapter 13 trustee who then distributes payments to creditors. Individuals will have no direct contact with creditors while under chapter 13 protection.

Chapter 13 Eligibility
Any individual, even if self-employed or operating an unincorporated business, is eligible for chapter 13 relief as long as the individual's unsecured debts are less than $360,475 and secured debts are less than $1,081,400. 11 U.S.C. § 109(e). These amounts are adjusted periodically to reflect changes in the consumer price index. A corporation or partnership may not be a chapter 13 debtor. Id.
An individual cannot file under chapter 13 or any other chapter if, during the preceding 180 days, a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court or was voluntarily dismissed after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 13 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court.
Source

Thursday, March 25, 2010

Bankruptcy

Personal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far reaching. People who follow the bankruptcy rules receive a discharge — a court order that says they don’t have to repay certain debts. However, bankruptcy information (both the date of your filing and the later date of discharge) stay on your credit report for 10 years, and can make it difficult to obtain credit, buy a home, get life insurance, or sometimes get a job. Still, bankruptcy is a legal procedure that offers a fresh start for people who have gotten into financial difficulty and can’t satisfy their debts.
There are two primary types of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy court. As of April 2006, the filing fees run about $274 for Chapter 13 and $299 for Chapter 7. Attorney fees are additional and can vary.
Effective October 2005, Congress made sweeping changes to the bankruptcy laws. The net effect of these changes is to give consumers more incentive to seek bankruptcy relief under Chapter 13 rather than Chapter 7. Chapter 13 allows people with a steady income to keep property, like a mortgaged house or a car, that they might otherwise lose through the bankruptcy process. In Chapter 13, the court approves a repayment plan that allows you to use your future income to pay off your debts during a three-to-five-year period, rather than surrender any property. After you have made all the payments under the plan, you receive a discharge of your debts.
Chapter 7 is known as straight bankruptcy, and involves liquidation of all assets that are not exempt. Exempt property may include automobiles, work-related tools, and basic household furnishings. Some of your property may be sold by a court-appointed official — a trustee — or turned over to your creditors. The new bankruptcy laws have changed the time period during which you can receive a discharge through Chapter 7. You now must wait 8 years after receiving a discharge in Chapter 7 before you can file again under that chapter. The Chapter 13 waiting period is much shorter and can be as little as two years between filings.
Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments and utility shut-offs, and debt collection activities. Both also provide exemptions that allow people to keep certain assets, although exemption amounts vary by state. Note that personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. And, unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or security lien on it.
Another major change to the bankruptcy laws involves certain hurdles that a consumer must clear before even filing for bankruptcy, no matter what the chapter. You must get credit counseling from a government-approved organization within six months before you file for any bankruptcy relief. You can find a state-by-state list of government-approved organizations at www.usdoj.gov/ust. That is the website of the U.S. Trustee Program, the organization within the U.S. Department of Justice that supervises bankruptcy cases and trustees. Also, before you file a Chapter 7 bankruptcy case, you must satisfy a “means test.” This test requires you to confirm that your income does not exceed a certain amount. The amount varies by state and is publicized by the U.S. Trustee Program at www.usdoj.gov/ust.
Source

Monday, March 22, 2010

Five Most Common Questions

WILL MY CREDITORS STOP HARASSING ME?
Yes, they will! By law, all actions against a debtor must cease once bankruptcy documents are filed. Creditors cannot initiate or continue any lawsuits, wage garnishees, or even telephone calls demanding payments. Secured creditors such as banks holding, for example, a lien on a car, will get the stay lifted if you cannot make payments.
WILL MY SPOUSE BE AFFECTED?
Your wife or husband will not be affected by your bankruptcy if they are not responsible (did not sign an agreement or contract) for any of your debt. If they have a supplemental credit card they are probably responsible for that debt.
However, In community property states, either spouse can contract for a debt without the other spouse's signature on anything, and still obligate the marital community. There are a few exceptions to that rule, such as the purchase or sale of real estate; those few exceptions do require both spouses’ signatures on contracts. But the day to day debts, such as credit cards, do NOT require both spouses to have signed.
Your bankruptcy lawyer will be able to guide you in this regard.
WHO WILL KNOW?
Chapter 7 filings are public records. However, under normal circumstances, no one will know you filed for Chapter 7. The Credit Bureaus will record your filing and it will remain on your credit record for 10 years.
WILL I EVER GET CREDIT AGAIN?
Yes! A number of banks now offer "secured" credit cards where a debtor puts up a certain amount of money (as little as $200) in an account at the bank to guarantee payment. Usually the credit limit is equal to the security given and is increased as the debtor proves his or her ability to pay the debt.
Two years after a discharge, debtors are eligible for mortgage loans on terms as good as those of others, with the same financial profile, who have not filed Chapter 7. The size of your down payment and the stability of your income will be much more important than the fact you filed chapter 7 in the past.
The fact you filed Chapter 7 or 13 stays on your credit report for 10 years. It becomes less significant the further in the past the filing is. The truth is, that you are probably a better credit risk after bankruptcy than before.
WHAT DOES IT COST?
It costs about $ 300 to file a Chapter 7 bankruptcy. A bankruptcy lawyer's fees vary but should be in the range of $ 1,000 to $ 2,000 . Many bankruptcy lawyers will give you a free initial consultation. You can keep the fees down by being well organized and well prepared. You may also be able to keep the fees down by not requiring the lawyer to attend the meeting of creditors with you. Check this with your lawyer. In some states such as Massachusetts, attorneys must attend the Section 341 meeting with the debtors otherwise attorneys are deemed to have NOT represented the debtors. (The 341 Meeting).
Source

Friday, March 19, 2010

Living with Bankruptcy

When you file for bankruptcy with a credit/debt help agency, you will be asked a variety of important questions regarding your financial situation; specifically, on what your current budget looks like. Reputable agencies such as debthelper.com do this in order to A) Determine whether or not you actually do need to file for bankruptcy, and B) To figure out what your current financial priorities are and whether or not you will need to change them in order to get yourself out of debt.


Many areas that debt help agencies will advise you to focus and spend your money on should be common sense. Living necessities such as food, a place to live, electricity and water bills (basic utilities), and serviceable clothing should receive the greatest amount of attention. Other things such as owning a phone and making medical appointments are also stressed to varying degrees; if you need a phone for your job or a car for work, a debt help agency will give you advice on making a space for them in your budget.


These basic living expenses need to be considered by any person who is beginning the process of declaring bankruptcy, by anyone in debt, and by people who want to avoid being in debt. When you reach a debt settlement agreement and draw up a payment plan, it is necessary to know what your living expenses are. Most credit agencies will only ask you for a general estimate, but it is good to know what you will need to budget and keep making payments on in order to survive and/or work. Also, your lawyer and debt help agency will provide you with support and advice on the subject – it is their job to do so.



The following is a list of IRS approved living expenses taken from shepleylaw.com:


  • "Electricity

  • Trash

  • Sew/Water/Septic

  • Gas (Home)/Oil

  • Phone

  • Cell

  • Internet

  • Food/Groceries

  • [Basic]Cable

  • Dining Out [on rare occasions]

  • Work/School Lunch

  • Entertainment

  • Clothing

  • Health Insurance

  • Doctors Co-Pay

  • Medications

  • Medical Equipment

  • Dental Insurance

  • Dental Co-Pay

  • Veterinary

  • Clubs, Sports & Hobbies

  • Life Insurance

  • Car Insurance

  • Gasoline

  • Auto Expenses

  • Taxi/Parking/Public/Transportation Contribution

  • Child Support

  • Child Care

  • Tuition/School Fees

  • Business Expenses/Union Dues

  • Beauty/Barber/Nails/Dry Cleaning

  • Other (Holidays, Birthday, Cigarettes, etc.)"

While some of the items on this list (such as Beauty and Entertainment) should be done only very rarely, the list should give you a good idea of the areas where you should be spending your budgeted money. Living in debt is hard, frustrating, and difficult but it does not have to be the end. Draw up a list, get something done, and talk to a debt help professional. You might have more resources at your disposal than you thought.


Linked Sites:



Shepleylaw.com post on approved living expenses for people in bankruptcy: Linked Site



2009 IRS Medical and Dental Expenses PDF



2009 IRS Moving Expenses PDF



EBPA post on IRS Eligible Expenses PDF

Monday, March 8, 2010

Bankruptcy Law: What You Need To Know

Until just a few years ago, filing for bankruptcy was fairly easy. Not anymore. When Congress changed the nation’s bankruptcy laws in 2005, many debtors found the new “Bankruptcy Abuse Prevention and Consumer Protection Act of 2005,” to be more hindrance than help in overcoming past mistakes and starting anew.


The new law is stricter, featuring more requirements than ever before. It is important for anyone considering filing bankruptcy to understand the following:

Credit Counseling:
It doesn’t matter whether you file for Chapter 7 bankruptcy that discharges your debt or Chapter 13 bankruptcy which enters you into a repayment plan with creditors, anyone filing bankruptcy is required by law to attend credit counseling by a court-approved counseling service.

Chapter 7 Filings:
Under the new law, it is no longer your right to be allowed to file Chapter 7 bankruptcy. If, after proving your income the court determines that you make more than the medium income within your state, you may be required to file Chapter 13 bankruptcy instead and enter into a repayment schedule to pay back all (or most) of your creditors.

Chapter 13:
It is not uncommon to find your repayment schedule a bit more than you can financially handle under a Chapter 13 filing. The amounts you must repay each month are calculated according to specialized guidelines that take into account your income in the last year (not what you make now), and your assets.

Residency:
While everyone must obey federal bankruptcy laws, some states offer their own, more lenient exemptions. The new federal law, however, requires residents to live in a specific state for a specified amount of time (usually at least two years) in order to qualify for any state-exemptions.

Allowable Expenses:
In the past, those  filing bankruptcy could virtually erase their debt and start new in seven years, while continuing to live the lifestyle they’d grown accustomed to. That’s no longer the case.

Under new federal bankruptcy laws, the IRS determines your monthly budget, and what you should be able to repay. Most are forbidden from having cell phone expenses as well as cable TV, high-speed Internet access, movies, meals out with the family, and anything else beyond the minimum allowable expenses as determined by the IRS and the courts.

Bankruptcy isn’t what it used to be, thanks to millions of Americans who abused the system in the past. Once reserved for people in dire financial situations to help them free themselves from excess debt and start fresh, today’s bankruptcy laws are designed t punish those who have been financially irresponsible and force them to pay back most or all of the debt they’ve accumulated. While filing for bankruptcy may have once seemed like a good way out of a bad situation, many consumers are now opting to try and fix their financial woes themselves in lieu of letting the government fix it for them.

Source

Monday, February 22, 2010

Can I Keep My Credit Card After Bankruptcy?

Debtors filing bankruptcy often want to keep at least one credit card out of their bankruptcy filing. Their reasoning is that since it is almost impossible to survive in our society without a credit card, keeping one credit card out of bankruptcy would be helpful. However, when a debtor files bankruptcy they are required to include all of their debts in the bankruptcy filing. But they are allowed to “reaffirm” a debt after the bankruptcy filing. When a debtor reaffirms a debt, they are entering into a legally binding agreement that says that that particular debt will be permanently taken out of bankruptcy and that the debtor will repay the debt, adhere to the originals terms of the loan and continue to make payments as agreed. Many debtors reaffirm mortgage debt and car loan debt which are secured loans. They often reaffirm the secured loans in bankruptcy because it allows them to keep the secured property (house or car). However, is it a good idea to reaffirm credit card debt? In most cases it is not a good idea to reaffirm unsecured credit card debt during bankruptcy. Even if a debtor reaffirms credit card debt during bankruptcy, it is not guaranteed that the credit card account will remain open and available for the debtor’s use. A matter of fact, it is highly likely that the credit card account will remain closed and you will be required to repay the debt, plus any additional fees and interest accrued. For debtors filing bankruptcy, the best solution is probably to keep all of your credit card debt in bankruptcy and get a secured credit card after your bankruptcy has been discharged. A secured credit card will allow you to have the convenience of a credit card while rebuilding your credit record.

Source

Friday, February 5, 2010

Credit Card Laws Change this Month

This is a heads up for people with credit cards. On the 22nd of this month (February) credit card laws will undergo major changes. Thanks to the Credit Card Act passed by Congress last year, credit card laws have been drastically changed. Credit card companies have been forced by the congressional act to change their lending practices and the manner in which they can charge fees, and the due date is the 22nd. Here are a few ways that you might be impacted by the Act.



The Good News:

Banks have lost some of their proverbial teeth. Thanks to the passage of the bill, credit card companies can no longer:



  • Charge interest on fees due

  • Limit the amount that banks can charge on specific fees (such as late fees and over limit fees)

  • If you get pre-approved by a company for a new credit card but you don't want to open a new account for it, you now have the ability to "reject the card" up until you activate the card

  • Banks must give you 45 days notice in advance if they want either raise the APR on your accounts

  • And more

The Bad News:


Credit Card Companies are trying to grow new teeth to replace the ones that they have lost. Companies are looking to charge new fees for their services to make up for any lost revenue. Here are a few known tricks that will soon be making an appearance:

  • Annual fees are on the rise

  • The interest rates placed on cards are expected to rise as card companies try to find new ways to make up for their lost revenue

  • Chase changed balance transfer fees from 3% interest to 5%

  • Bank of America instituted a great deal of changes, including the ability to raise the APR on future accounts if you miss a payment (go here for a more in-depth review of BoA's changes)

Keep A Watch Out:


The most important thing to get out of this is that you, the consumer, are now more protected than ever before. Banks now have to give you a heads up on policy changes, rate increases, etc... something that they did not have to do in all cases before. As long as you pay attention to your monthly statements released by your credit card companies and any email notification that you recieve from then, you should be well ahead of the curve. Good luck!


Related Links:


The Credit Card Act in PDF format is linked here


A Forbes article changes that you can expect to see as a result of the Credit Card Act: Forbes Article

Wednesday, February 3, 2010

Three Reasons Why You Shouldn’t Get A Home Equity Loan To Avoid Bankruptcy

When it comes to money troubles, friends and family are full of advice. One of the worse pieces of advice given to debtors considering bankruptcy is to get a home equity loan. That could be a big mistake. Here a few reasons why getting a home equity loan to avoid bankruptcy might not be the right move for you:


1.Typically, you can’t use debt to get out of debt. Anyone who has filed bankruptcy can attest to that truth. For most debtors considering bankruptcy, their financial troubles are caused by two problems, 1) lack of income and 2) too much debt. Getting a home equity loan would only worsen the second part that problem and move you closer to bankruptcy despite your best efforts.

2.Taking out a home equity loan could also be the first step towards foreclosure. This can be one of those situations where trying to avoid one situation puts you right into an even worse situation. Debtors who think they can avoid bankruptcy by taking out a home equity loan often find that they can’t pay back the loan or the mortgage and end up facing foreclosure and bankruptcy anyway.

3.Since a home equity loan is considered a secured debt, you won’t be able to discharge it in bankruptcy like credit card debt. A home equity loan works like your mortgage in that it is secured by your home. If you don’t pay the loan, they can foreclose. In bankruptcy, if you want to keep your home, you must pay the home equity loan and your mortgage. But fortunately, you do have the option to surrender the home in bankruptcy, which will release you from the obligation to repay the loan.
 
Source

Wednesday, January 27, 2010

Does My Wife Have To File Bankruptcy With Me If We Are Both On the Deed and Mortgage?

by Peter Orville, Attorney at Law on January 21, 2010 ·

Even if you and your wife are both on the deed and mortgage it is permissible for only one to file for bankruptcy. This is true even if you are past due on your mortgage payments. If only one of you files a Chapter 13 bankruptcy, you will include the past due mortgage payments in the Chapter 13 plan to be paid by the Chapter 13 Trustee. As long as you continue to make the mortgage payments due after the bankruptcy is filed, no adverse action will be taken.

When a Chapter 13 bankruptcy is filed, an “automatic stay” is put in place. The automatic stay stops all action against you by creditors. A Chapter 13 bankruptcy also creates a “co-debtor stay”, which prohibits creditors from going after your wife for collection of the debt.

Before deciding whether to file a bankruptcy alone, or with your wife, you should contact an experienced, knowledgeable bankruptcy attorney to discuss your options.

Source

Tuesday, January 19, 2010

Can Bankruptcy Help Stop Repossession?

Bankruptcy is designed to protect individuals or businesses that are unable to meet their financial obligations–and provide protection to involved creditors as well. While bankruptcy is a serious procedure and should only be considered if absolutely necessary, sometimes it is the best solution for those suffering severe financial hardship. And, for some, it may be the only solution.


One area that bankruptcy can be particularly helpful in alleviating financial hardship is by protecting property that may be in danger of repossession. This is when creditors take back goods that buyers are failing to make timely loan payments on. Some loans are secured–meaning the buyer has put down some form of collateral, often the item being purchased–while some are unsecured–typically credit cards. If you default on an unsecured loan, the only option creditors have when collection attempts have failed is to sue. But with a secured loan, creditors can repossess the collateral and sell it. Of course, if that doesn’t provide sufficient funds to wipe out the loan, they can then sue you for the remainder of the loan balance.
Bankruptcy can sometimes help cancel the debt, or even allow you to stop the repossession process. After filing a bankruptcy petition in bankruptcy court, all creditors are prevented from making any further collection attempts. This is also known as an “Automatic Stay”, which is an automatic order from the bankruptcy court issued upon the filing of a bankruptcy petition to all creditors. This applies to creditors attempting to repossess collateral such as automobiles.

If you file for chapter 7 bankruptcy in order to stop repossession, you’ll have to make arrangements with the creditor to bring all payments current after filing for bankruptcy. If you want to keep the car after bankruptcy, you’ll need to sign a reaffirmation agreement and make all payments after the bankruptcy.

In a chapter 13 bankruptcy, the repossession will be stopped and the debtor gains the chance to repay the value of the car to the creditor through the chapter 13 plan. Chapter 13 is beneficial to debtors owing more on a car than what it is worth, since chapter 13 payment plans can lower car payments on car loans where the debtor owes more than the car is worth.

If you’re thinking about filing for bankruptcy in order to stop repossession, you should seek out an experienced bankruptcy attorney in order to find out which option will work the best in your particular situation.

Source

Thursday, January 14, 2010

Earthquake Relief for Haiti

In an effort to help those who have been affected by the earthquake in Haiti, and their continuing tragedies, Credit Card Management Services, Inc. d.b.a Debthelper.com is now a collection center to help those in need.

Your gift will help distribute relief supplies to children and families impacted by the earthquake and aftershocks in Haiti.

Anything you are willing to provide will be greatly appreciated and invaluable to the families you will be helping. The immediate need is dry foods such as rice, beans; can foods, tents and army type cots, blankets and medical supplies.

Where: 4611 Okeechobee Blvd. Suite 114 WPB, FL 33417

Time: Mon – Fri: 9:00am – 8pm; Sat: 12:00pm – 5:00pm

Information: (561) 472-8000

Debthelper.com

Thursday, January 7, 2010

Don't Get Scammed - Choose Your Credit Agency Wisely

Scams are everywhere and a fast growing problem in the current recession is a con scheme involving the impersonation of debt consolidation, negotiation, and elimination agency. Such plans represent a last hope for many people to get out of debt; they are effective and time proven to help you get out of debt. And thanks to the rising levels of unemployment (over 10% in some states) more people are using them than ever before, and some of them have fallen victim to the scammers.

If you are in a situation where you are looking at these debt plans in order to free yourself from debt, here are a few tips/methods for spotting which are legitimate agencies and which ones are scams.


Talk To A Credit Counseling Agency:

Credit Counseling Agency's exist to help people in debt figure out the financial options that are best for them. Agencies base it on peoples specific problems and resources. They are often non-profit agencies, and their services are either free or provided when you pay a small fee ($75 is average). Different agencies can offer different services (such as reverse mortgages, debt consolidation plans, and more) which means that it is important to figure out which agency will be able to help you the most.

If you are in a situation where you are looking at debt plans and credit agencies in order to free yourself from debt, here are a few general tips/methods for figuring which are legitimate and which ones are scams.

  • If you are working with a lawyer or a paralegal concerning your debt, ask if they can refer a debt help agency. Most will either have lists containing reliable and certified credit agencies on hand or they will be able to find one for you fairly quickly.
  • States usually require credit agencies to be accredited and to have certified counselors in order to operate within specific states. Always ask an agency if this is true for them - while not all agencies have certified counselors the best ones usually do. Agencies with counselors who are certified by an outside group (one that you can research for yourself) often have websites and phone lines that you can research and call.
  • Understand what you are getting yourself into. If you feel confused at any point during your conversation with the agency, always ask them to go over the information again. Most agencies will be happy to do so and will give you as much time as you need to figure out the options being offered to you. However, agencies that offer their counselors a commission for each customer gained are less likely to do this than companies who offer their counselors a flat rate.
  • Make sure that you have been walked through the agencies entire privacy agreement. If an agency refuses to do so, or you do not feel that their privacy agreement is tough enough, then don't use that agency! Your financial information has to be protected, and if one agency can't do it then another one can.
  • Get things down in writing. Most legitimate credit agencies will offer written contracts, certificates, or other legally binding agreements. These written promises are in place to protect you; they often contain the name of the counselor who helped you and the entire agreement in physical writing. Make sure that you read through the agreement and that the writing is straightforward and simple. If it isn't or you find yourself confused by something on it, call the agency back and ask them to go over it with you. You can often get written agreements emailed to you by the agency in question.
  • Check for them with your states Better Business Bureau (BBB). If they are legitimate, then the BBB will be able to tell you how helpful they are and whether or not the BBB has received complaints about the agency.


Related Links:

New York Times Scam Article: Is a brief expose on scams targeting people who have been hit hard by the recession.
BBB1: Tips from the better business bureau on how to find a good credit counseling agency.
BBB2: An article detailing the difference between debt consolidation, debt negotiation and debt elimination plans.