Monthly Archives: January 2009

Foreclosure Fixes Failing

DATA: MORTGAGE “FORECLOSURE PREVENTION” FIXES FAILING TO WORK, U.S. HOME FORECLOSURE TOLL NOW EXPECTED TO RISE EVEN HIGHER TO EIGHT MILLION Near Half of Homeowners in “Loan Modification” Programs Face Higher Monthly Payments; Failure of Voluntary Industry Efforts Hikes Pressure on Incoming Obama Administration, New Congress to Clear Way for Court-Supervised Modifications. WASHINGTON, D.C.//December 19, 2008//Much hyped ...

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What Else Should I Know About Filing Bankruptcy?

Utility services--Public utilities, such as the electric company, can not refuse or cut off service because you have filed for bankruptcy. However, the utility can require a deposit for future service and you do have to pay bills which arise after bankruptcy is filed. Discrimination--An employer or government agency can not discriminate against you because ...

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Will Bankruptcy Affect My Credit?

There is no clear answer to this question. Unfortunately, if you are behind on your bills, your credit may already be bad. Bankruptcy will probably not make things any worse. The fact that you’ve filed a bankruptcy can appear on your credit record for ten years from the date your case was filed. ...

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What Else Must I Do to Complete My Case?

After your case is filed, you must complete an approved course in personal finances.  This course will take approximately two hours to complete. Many of the course providers give you a choice to take the course in-person at a designated location, over the Internet (usually by watching ...

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Will I Have to Go to Bankruptcy Court?

In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come.  Most of the time, this meeting will be a short and simple procedure where you ...

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Will Bankruptcy Wipe Out All My Debts?

Yes, with some exceptions.  Bankruptcy will not normally wipe out: Money owed for child support or alimony; Most fines and penalties owed to government agencies; Most taxes and debts incurred to pay taxes which can not be discharged; Student loans, unless you can prove to the court that repaying them will be an “undue hardship”; Debts not listed on your ...

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Tax Refund in Bankruptcy

Cathy Moran on the Bankruptcy Soapbox reminds us of an important asset in bankruptcy:  tax refunds. Your federal and state income tax refunds are property of the bankruptcy estate when you file ...

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Can I Own Anything After Bankruptcy?

Yes!  Many people believe they can not own anything for a period of time after filing for bankruptcy.  This is not true.  You can keep your exempt property and anything you obtain after the bankruptcy is filed.  However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after filing ...

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What Will Happen to My Home and Car If I File Bankruptcy?

In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt.  Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to creditors in chapter 13. However, some of your ...

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Congress Considers Bankruptcy Change to Help Homeowners Stop Foreclosure

Senate Bill 61, Helping Families Save Their Homes in Bankruptcy Act of 2009 was introduced in the U.S. Senate yesterday.  A similar bill was introduced in the House of Representatives today and President-Elect

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What Property Can I Keep?

In a chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors. It is important to check the exemptions that are available in the state where you live.  (If you moved to your current state from a different state within two years before your bankruptcy filing, you ...

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What Must I Do Before Filing Bankruptcy? Alternatives to Consider

Some of the approved credit counseling agencies offer debt management plans (also called DMPs).  A DMP is a plan to repay some or all of your debts in which you send the counseling agency a monthly payment that it then distributes to your creditors. Debt management plans can be helpful ...

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What Must I Do Before Filing Bankruptcy?

You must receive budget and credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed.  The agency will review possible options available to you in credit counseling and assist you in reviewing your budget.  Different agencies provide the counseling in-person, by telephone, or ...

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BAP10 Accepts Electronic Filings

The Bankruptcy Appellate Panel for the Tenth Circuit will accept electronic filing of pleadings starting today.  The U.S. Court of Appeals for the Tenth Circuit is expected to follow ...

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Jane Bryant Quinn: Go Bankrupt in 2009

"The right time to go bankrupt is when you're financially, stuck but still have assets to protect," Newsweek financial columnist Jane Bryant Quinn tells her readers.  "If you are reaching the end of your rope, don't try to hold on.  Save what you can." Saying she normally would tell readers ...

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What Does It Cost to File for Bankruptcy?

It now costs $299 to file for bankruptcy under chapter 7 and $274 to file for bankruptcy under chapter 13, whether for one person or a married couple.  The court may allow you to pay this filing fee in installments if you can not pay it all at once. If you hire an attorney you will ...

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Kansas Bankruptcies Climb 8% in 2008

Bankruptcy filings increased eight percent in Kansas during 2008, a smaller increase than the 33% national increase seen in most of the country.  A total of 8712 cases were filed here, about 69% as chapter 7 cases for ...

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