Archive for February, 2008

understanding the complexities of bankruptcy law

Friday, February 29th, 2008

by Jay Anderson

Today you will find in the USA that there have been some major changes made in respect to the country’s bankruptcy law. Therefore for all Americans today it is important that they know exactly what these changes are and what effect they may have on them should they need to file for bankruptcy at any point in the future.

But first let us take a look at the kinds of bankruptcy that one is able to file for, then later on, we will take a look at the changes that have been made to the bankruptcy law.

Chapter 7 - This is more commonly known as “straight bankruptcy” or “liquidation” and in which a trustee will be appointed to oversee the bankrupt’s property. Some of the assets that you own will, in some cases, need to be surrendered to the trustee and which they will then sell in order to pay off your creditors. Also through this form of bankruptcy filing, most (but not all) of the debts which you will have incurred will be cancelled.

Chapter 11 - This form of bankruptcy filing is used mainly by businesses, but is available to individuals as well. But the cost and complexity of this form of bankruptcy filing is very undesirable to a great many people. What you will find is that the people filing for Chapter 11 are those whose debts are far in excess of Chapter 13 limits. But this form of bankruptcy does allow a business to continue to operate whilst helping to shelter it from some of the debts it owes.

Chapter 13 - This form of bankruptcy allows you to set up a proposed repayment plan that will help you with clearing all the debts you have. This will need to be approved by a court and a trustee will be appointed by the court to collect the necessary payments from you and then distribute them to your creditors. The trustee will ensure that at all times you comply with the repayment plan that has been put in place.

Now we have looked at some of the kinds of bankruptcy that one can file for we are now going to take a look at the changes that have occurred in the bankruptcy law. The most important change to take place is with regard to who can actually apply for bankruptcy using Chapter 7. The changes in the law now prohibit those who have a much higher income from actually using Chapter 7.

Before a person is actually able to file for Chapter 7, they will first have to undergo a means test to see what their income actually is in relation to the state’s median. If it is found that their income is higher than this, then they will instead have to file a Chapter 13.

As well as the income limit restriction, anyone who wishes to file for Chapter 7 will actually have to undergo credit counseling before they can actually file their case with the court. Also as part of the new bankruptcy law, a person will need to also undergo additional counseling relating to learning how to control their budget and also the right way of managing the debts that they have. It is only after a person has participated in such counseling then the decision to whether the debts will be cancelled or not is made.

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how to find and buy a foreclosure property

Friday, February 29th, 2008
by Davion Wong

Strange, but true, many people, who look for cheap deals on real estate, ignore one sure opportunity to save lots of money, and that is, to buy a foreclosure property. Either you are dreaming of your own home or want to try yourself at real estate business, foreclosure property deals are one thing you should look for. Not only can they save you up to 20-30% of the property’s market value, but in many cases, offer many more advantages like little or no downpayment and a possibility to move in immediately.

However, before you can actually strike a golden mine and buy a foreclosure property for next to nothing, you need to know how you can find this property. Here, you have a few options:

Check the Newspapers

When a foreclosure is about to take place, the bank or lending institution should make a formal announcement about it in advance. Published in a legal section of a local newspaper, the notice comes under either of the two names: “Notice of Default” or “Lis Pendens”. With the property’s address and the current owner’s name available, you have all the initial information needed to proceed. If you manage to buy a foreclosure property at this pre-foreclosure stage, you can save a whooping sum.

Look for Foreclosure Property Auctions

Foreclosure auctions are usually advertised, in newspapers and on the Internet. There are also sites that will let you subscribe to these notifications. Another way is to contact the institutions concerned to see if they will be holding an auction soon. It is important to recheck and confirm dates, because they might change.

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Call REO Property Departments of Banks

You can contact the “Real Estate Owned” property departments of banks to see if there are any properties that did not get sold at the auction. This way, you can buy a foreclosure property from the bank, without an auction. But this can be tedious and involves a lot of calling and asking for information, and doing a fair bit of research on each property.

Make an Online Research

There are lots of ways to find the right opportunities, but the easiest and most convenient is to subscribe to a site that will send you notifications regarding listings and auctions. This might mean spending a little bit, though not much, but when you do buy a foreclosure property, you will see that it was a small investment for a big profit.

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5 easy tips to help you out from debt consolidation

Thursday, February 28th, 2008
by John Wiley

Is the financial situation out of control? Or are you are looking for some external help for debt consolidation? Then here are some excellent tips that will help you to help from the agency for your debt consolidation. This will help you overcome and clear your debts problem and other errors that you do.

1. Planning the Monthly Budget

Your first and top most priority should be given to your Monthly Budget Planning for financial stability. It is most difficult and ambiguity plan that most of you may not able to set the planning because of your income and almost the same. But it is possible way to find out how you can easily pay your loan installments

2. Information about Credit Reports

First you have to verify the credit report completely and then try to understand debt consolidation. And take the help from others and take complete information since many areas in credit reports are critical trouble areas. And if you are not able to get solution of your problem then there will be a chance of getting irritation, so understanding credit reports will help you in great extent.

3. Make a look at Existing Loan Separately

Debt consolidation is a process where all the small existing loans merge into one single huge loan. But you should always remember to leave out some loans which carry low interest rates. As the main objective of debt consolidation is to make loans less expensive.

4. Do Calculations By Yourself

And never ever think about that the agency handling your consolidation will solve your debt problems. They are after all the human beings and can do wonders to solve your debts. So it is always important to calculate and try to decide the plan that will suit you.

5. the most important of the tips is to be careful while selecting the agency. Always go in for agencies with good market reputations and loads of happy customers. The agency should be skilled enough to handle you case.