Monday, October 18, 2010

Using Chapter 13 Bankruptcy To Get Current On A Mortgage

The Maryland Bankruptcy Center

The Bankruptcy Code gives homeowners facing foreclosure the right to cure the default any time up until the foreclosure sale process is completed. The key word here is “process,” and state law determines what the process is for a valid auction or sheriff sale. Until this has been completed, homeowners who file bankruptcy can use the federal laws for another chance to save their home and cure the default.

The Bankruptcy Code itself does not even determine when a house is considered “sold” for the purposes of a valid foreclosure sale. This means that state foreclosure laws will most likely be used in cases where borrowers attempt to pay off a loan through bankruptcy, even after a sheriff sale. Another aspect that works in favor of homeowners is that many states require an auction to be confirmed before it is valid.

This means that homeowners who file bankruptcy have rights during the foreclosure process that are safeguarded at least through the sale of the property. These rights may be guaranteed for even longer than that, depending on how the confirmation process of the auction works after the home has been sold by the courts. If there had been a bankruptcy, the lender may not just be able to sell the house and take it over right away.

Redemption rights may extend the rights of the borrowers even longer. In states that have a redemption period, the borrowers are given a set period of time in which to cure the default even after the home has been auctioned at a trustee sale. But for those homeowners in states where a redemption period is not available, filing for bankruptcy may create a pseudo-redemption period through the right to cure.

However, rulings by state courts on this issue may determine how long this extra right to cure lasts. Some courts have ruled that the foreclosure sale process is completed once the gavel falls at the auction. In these cases, filing bankruptcy will not extend the time to cure the default for any significant period of time. Once the auction has been conducted, the sale process is complete, and the right to cure has expired

Other courts, however, have ruled that the sale process is not completed until the appropriate company or government agent has executed a transfer deed after the sale, the purchase price of the auction has been paid in full, and the sale has been confirmed by the court. In these states, homeowners may be able to file bankruptcy and have the property listed as a part of the bankruptcy estate and turned over to the trustee.

If this happens, the lender and local government will not be able to move forward with any other collection activities or actions to transfer the property. The automatic stay is in effect, the homeowners have an interest in the house, and the property is now a part of the bankruptcy proceedings. If the sale is confirmed or the deed transferred after the filing, it may be reversed at a later date as a violation of the stay.

Filing bankruptcy in this situation may result in homeowners having several additional months to cure the default. While the automatic stay is in effect, the lender, new owner, or local government can perform no action to confirm the sale or remove the borrowers from the house. Even if a Chapter 13 is filed, the owners will be able to cure the default through a repayment plan — even though their home was sold at auction.

There are a whole list of problems with filing bankruptcy to stop foreclosure, but for homeowners whose financial situations have recovered and who can cure their default, it may be a decent solution. Even after a sheriff sale, borrowers may be able to submit a plan that allows them to save the home. Sometimes, just filing bankruptcy is enough to set aside a sale and give the owners more time and one more chance.

Wednesday, August 4, 2010

Summer Vacation, Credit Cards, and Bankruptcy

The Maryland Bankruptcy Center
This weekend I was in Ocean City, Maryland with my family. Everywhere I went, restaurants were packed, stores were mobbed and hotels had "no-vacancy" signs. And as a personal bankruptcy attorney, I couldn't help but notice that nearly everyone was using their high interest credit cards to pay for their consumer goods and services. This, I thought to myself, is one of the reasons that America is in such a bad financial crisis and personal bankruptcy's, especially Chapter 7, is on the rise to levels never before seen in Maryland.

As a consumer bankruptcy attorney, I help people eliminate their credit card debt by filing Chapter 7 bankruptcy petitions in the United States Bankruptcy Court. As unemployment is on the rise and frivilous spending continues, now more than ever people are relying on their credit cards to pay for everything that they do.

Chapter 7 can provide debt relief to those who have run up their credit cards and cannot pay them back.

It is not for people who have alot of property or who have run up their credit cards and created debt with no intention of paying it back. That is fraud, and it is not tolerated. In my experience, at least 90% of people who need to file Chapter 7 bankruptcy are good, hard working people who, for a myriad of reasons, got in over their heads and need a fresh start.

If you find yourself in that position, call me, at (410) 766-4044and I will get back to you within 24 hours.

Thursday, July 29, 2010

Rebuilding Credit Before and After Bankruptcy

The Maryland Bankruptcy Center

Maryland Bankruptcy Lawyers have a "list-serve" where we post questions and answers to bankruptcy questions in order to help each other out. Although I have alot of experience handling Chapter 7 and Chapter 13 consumer bankruptcy cases, I continually learn and keep up to date by reading the list serve questions and answers each day.

This is what I learned today. Believe it or not, your credit improves as soon as you file for bankruptcy. Your creditors can no longer chase you around, and a substantial part of your indebtedness will probably be discharged. Moreover, you won't be eligible for another discharge for eight years. All of these circumstances make you a better risk than you are right before bankruptcy.

Many people in Chapter 7 and Chapter 13 bankruptcy start getting credit card offers shortly after filing their petition. If you do get one of these credit cards, use it cautiously and responsibly.

While it's true that the record of your bankruptcy case will remain on your credit report for years, the more significant consideration is bankruptcy's ability to help rebuild your credit score, which after all is the main factor that guides lending decisions.

To learn how bankruptcy can start you on the path toward repaired credit, call us today or fill out the contact form on the left. We will contact you shortly and a Maryland Bankruptcy lawyer will answer all of your questions and discuss whether or not personal Chapter 7 or Chapter 13 bankruptcy is right for you.

Friday, June 18, 2010

Debt Trouble Warning Signs

The Maryland Bankruptcy Center

Think about this:

Just because you can pay your minimum payments each month, does not mean you are financially fit. Low monthly minimum payments benefit the credit card company, the "minimum amount due" is cleverly calculated to keep you trapped in debt for your entire adult life.

Do you really want to spend the best years of your life in debt? Here are some of the warning signs that you have a problem. If you answer "Yes" to any of these questions you are probably already in financial trouble. Whether you realize it or not, you need to find out your options.
  • Do you need your next paycheck to survive?
  • Are you borrowing from "Peter" to pay "Paul"?
  • Are you spending more than 20 percent of your net income on credit card bills?
  • Are you dipping into your savings or retirement accounts just to pay your monthly bills?
  • Are you using credit cards to pay for necessities like groceries because you don't have the cash?
  • Do you have more than two or three major credit cards?
  • Do you depend on family and friends to bail you out?
  • Are you financing a car for six or more years, or leasing, so that you will have a lower monthly payment?
  • When you buy a car, are you more concerned with the amount of monthly payment than the cost of the car?
  • Do you need a co-signer in order to get a loan?
  • Are you hiding purchases from your spouse or family?
  • Do you lie to your spouse or other family members about your spending or hide credit card statements?
  • Are you overdue on any of your bills?
  • Are you having to resort to "pay day" lenders to make ends meet?
  • Are you pawning your belongings to come up with cash?
  • Are you starting to look at making just "minimum payments" as being normal?
  • Do you count on the "float" time between when you give someone a check and when it is cashed; to give you time to make sure the money is in the bank?
  • Are you unsure at this point exactly, what you actually owe on all your debts?
  • Have you tried to purchase something only to have your credit card declined?
  • Do you bounce checks?
  • Are you getting collection calls from the creditors?
  • Have you been denied additional credit?
  • Are you getting charged a high interest rate when you borrow money?
Here's a telling question: Knowing what you know about your own situation, would you lend yourself more money?
Rather than continuing to tread water with ankle weights, recognize you may be in over your head.

It is time to find out what your options are.
For your FREE consultation contact the Maryland Bankruptcy Center today at (410) 766-4044, (301)-587-8900, (877)-549-0888 or use our contact form.



The Maryland Bankruptcy Center

Eliminate Debt by Filing Bankruptcy: FAQ's

Q. WHY SHOULD I HIRE A LAWYER?

A. Only lawyers are allowed to give you legal advice and lawyers are bound by ethical rules to act in your best interest. A lawyer can tell you options that best meet your goals and protect your interests, and we don’t put your creditors’ needs ahead of yours.|
You don’t want just any lawyer. You want a lawyer who knows what they are doing and who has lots of experience in bankruptcy law. You want a lawyer who is going to take the time to meet with you and to explain how the law works. And you need a lawyer who is licensed in Maryland and regularly practices law in your local area.
You are not required to have a lawyer to file bankruptcy, but if you don’t know the law you can find yourself facing unintended results, including losing some of your assets or being dismissed from your case.

Despite what some do-it-yourself web sites say, the law is complicated and it requires you to fill out hard to understand legal documents, and take exact steps. Each person is different, and each case is different. There is no “one size fits all” way to fill out the forms. If you don’t do it correctly you may find that you have created a problem that might not be able to be fixed, and that Internet preparation service won’t be there to help either.

These problems could just be that corrected documents have to be filed, but they may be, among other things, loosing property and money, being denied access to bankruptcy by having a case dismissed, or being pulled into a drawn out legal process. Once problems arise, a lawyer will often have to charge more to try to fix it (and not always able to fix it) then to have done it right to begin with.

The lawyers at the Maryland Bankruptcy Center are experienced and will handle your case properly.

Q. HOW LONG DOES BANKRUPTCY STAY ON YOUR CREDIT REPORT?

A. Bankruptcy filings typically stay on your credit report for a period of ten (10) years. Just because bankruptcy is on your credit report that doesn’t meant that you won’t be given credit though. Think of a credit report as a financial diary, that tells creditors who are thinking of lending you money what you have done over the last seven – ten years.

If you work hard to reestablish your credit rating, what you did a few years ago weighs less against you. In order to improve your credit scores, you must pay all bills on time. Don’t max out any open lines of credit you have. If you want to buy a house or a car, save up a down payment.
Q. WHY ARE BANKRUPTCY FILINGS ON THE RISE?


A. Some people do everything right and still have to seek protection in the bankruptcy laws. But the biggest factor that has lead to filing bankruptcy is the easy availability of credit. For the last twenty years, credit card use has increased as creditors made it easier and easier to get credit, and higher credit amounts.
In addition to the easy availability of credit, rising unemployment and increased cost of medical care has caused bankruptcy filings to rise. Unfortunately many Americans are unable to afford medical insurance and as a result they are unable to pay their medical bills. Credit card bills and medical bills account for about 90% of the debt that people claim in bankruptcy.

Rather than seek help early, people borrow getting deeper in debt until the only option available is bankruptcy. If you are in that situation, you are not alone. Call us or e-mail us, we can help. That’s what we are here for, and that’s what we do.

Q. DO I OWE ENOUGH TO FILE BANKRUPTCY?


A. Many people think there is a magic number for being eligible to file. The decision to file is an individual decision that is based upon a lot of things, besides just the amount of debt you have. It depends on your particular circumstances of income and expenses. Factors such as how much you can afford to pay back, job stability, age, family needs, and health problems are all to be considered.

Part of what a good bankruptcy lawyer will do it go over your situation and discuss how bankruptcy will affect you. The bankruptcy attorney should give you whatever recommendations they can, and explain why they recommend that you look further at that option. We will help you through the process. Call or e-mail us today for a free consultation.

Q. WHAT IS THE DIFFERENCE BETWEEN CHAPTER 7, CHAPTER 11, AND CHAPTER 13?


A. There are three types of bankruptcy cases — Chapters 7, 11, and 13.

Chapter 7: The goal for individuals who file Chapter 7 is to free themselves of debt through a bankruptcy discharge.

Chapter 11: Corporations, partnerships, and sole proprietors wishing to remain in business and reorganize their financial affairs may file Chapter 11.

Chapter 13: Chapter 13 is for individuals with regular income who want to reorganize their financial affairs. The debtor proposes a repayment plan, say to catch up on the arrears on their home mortgage. Only individuals and sole proprietors are eligible for Chapter 13, which is simpler and much less expensive than a Chapter 11.
Q. WHAT DOES BANKRUPTCY DO TO MY CREDIT?


A. In the end, a bankruptcy can make your credit better. Even if you’ve always made all your payments on time, you may owe so much money that a new credit application would be denied, so eliminating your debt would improve your credit.

Q. WILL I EVER BE ABLE TO BUY A HOUSE?


A. Most mortgage companies tell us that after 2 years, bankruptcy doesn’t hurt your chances of buying a home, so long as you are otherwise qualified.

Q. WILL I BE ABLE TO FINANCE A NEW CAR AFTER FILING BANKRUPTCY?


A. If your income qualifies you, you will most likely be able to finance a new car. However, you will probably be charged a higher rate of interest.

Q. HOW MUCH WILL THIS COST ME?


A. There is a court filing fee of about $200 that must be paid to the Federal Court. Attorney fees vary, depending on what your case requires the lawyer to do. We have payment plans available for most cases, and we will work with you to come up with a fee and a payment plan that you will be comfortable with.


Q. WOULD A DEBT CONSOLIDATION PLAN BE BETTER FOR ME?


A. It really depends on your situation – and on the consolidation company. Frequently, debt consolidation plans are phony deals that enrich the company at your expense. At the end of the day, your credit will be just as bad as or worse than if you had filed bankruptcy and you will still be in debt. There is only one way to have good credit and keep good credit…you must always pay according to the original terms and never owe more than you can afford to pay back.


Q. SHOULD I NEGOTIATE WITH MY CREDITORS?


A. Yes, but your creditors do not make it easy. Most creditors will not negotiate with you unless the account is already very delinquent. They usually want the settlement money “up front”…no payment plans; and after you pay out all the money, it does not restore your credit.

Q. CAN A PARALEGAL OR A LEGAL DOCUMENT SERVICE REPRESENT ME?


A. In Maryland, legal document preparers and paralegals cannot represent you. They cannot even give you legal advice. Further, they cannot represent you in court. Only an attorney can do those things for you. People go to them because they feel that it is cheaper than hiring a lawyer. Bankruptcy cases are very complicated and it takes the full attention of an experienced attorney to get the very best outcome for you.

Q. SHOULDN’T I FIRST TRY TO SEEK OUT SOME CONSUMER CREDIT COUNSELING?


A. Consumer Credit Counseling agencies of Los Angeles offer debt consolidation plans that only helps about 30% of the people who seek them out. Many such agencies claim to be non-profit, however many receive most of their funding in commissions called “fair share” plans paid to them by the credit industry. This is a clear conflict of interest.

Serving Clients in: Baltimore, Columbia, Glen Burnie, Towson, Annapolis, Pasadena, Rockville, Silver Spring, Laurel, College Park, Frederick, Ellicott City, Upper Marlboro, Landover, Lanham, Severn, Severna Park, Dundalk, Essex, Timonium, Catonsville, Brooklyn Park, Owings Mills, Reisterstown, Westminster, Eldersburg, Sykesville, Burtonsville, Odenton, Hanover, Prince George’s County, Howard County, Baltimore County, Montgomery County, Anne Arundel County, and Frederick County.
For your FREE consultation contact the Maryland Bankruptcy Center today at (410) 766-4044, 410-587-8900, or 877-549-0888. MDBankruptcyCenter.com
 

Why Should I Hire a Lawyer

The Maryland Bankruptcy Center

Only lawyers are allowed to give you legal advice and lawyers are bound by ethical rules to act in your best interest. A lawyer can tell you options that best meet your goals and protect your interests, and we don’t put your creditors’ needs ahead of yours.

You don’t want just any lawyer. You want a lawyer who knows what they are doing and who has lots of experience in bankruptcy law. You want a lawyer who is going to take the time to meet with you and to explain how the law works. And you need a lawyer who is licensed in Maryland and regularly practices law in your local area.

You are not required to have a lawyer to file bankruptcy, but if you don’t know the law you can find yourself facing unintended results, including losing some of your assets or being dismissed from your case.
Despite what some do-it-yourself web sites say, the law is complicated and it requires you to fill out hard to understand legal documents, and take exact steps. Each person is different, and each case is different. There is no “one size fits all” way to fill out the forms. If you don’t do it correctly you may find that you have created a problem that might not be able to be fixed, and that Internet preparation service won’t be there to help either.

These problems could just be that corrected documents have to be filed, but they may be, among other things, loosing property and money, being denied access to bankruptcy by having a case dismissed, or being pulled into a drawn out legal process. Once problems arise, a lawyer will often have to charge more to try to fix it (and not always able to fix it) then to have done it right to begin with.

The lawyers at the Maryland Bankruptcy Center are experienced and will handle your case properly.

Serving Clients in: Baltimore, Columbia, Glen Burnie, Towson, Annapolis, Pasadena, Rockville, Silver Spring, Laurel, College Park, Frederick, Ellicott City, Upper Marlboro, Landover, Lanham, Severn, Severna Park, Dundalk, Essex, Timonium, Catonsville, Brooklyn Park, Owings Mills, Reisterstown, Westminster, Eldersburg, Sykesville, Burtonsville, Odenton, Hanover, Prince George’s County, Howard County, Baltimore County, Montgomery County, Anne Arundel County, and Frederick County.
For your FREE consultation contact the Maryland Bankruptcy Center today at (410) 766-4044, 410-587-8900, or 877-549-0888.