Saturday, November 13, 2010

The Amazing Benefits Of Checking Your Free Credit Reports

Many people don’t understand the importance of checking their annual credit report. They think this document cannot help them with anything, but that’s not true. If you dig deeper into the details, you will then realize the fact that your credit report gives you an idea of how you have been doing during the last year. Once you get information about this, you can make certain changes and help yourself with credit repair.



Actually people don’t understand the importance of this particular document because they don’t know what they will find on it. On a credit report, you will find information about different aspects of your financial life. If you consider it seriously and pay attention to all entries, you will get an idea of how well you have been performing in the past.

If you are under debt and don’t know how to get out of it, you can consult with your annual credit report to find out the points where you have gone wrong. Sometimes, people try to use their credit card and money in the right way, but they unknowingly start using it incorrectly. In other words, your bad spending habits always take control of you. The problem is that most people having such issues don’t ever realize about their bad spending habits. This is the reason why it is recommended to check your credit report after regular intervals.

It is crucial to mention that although you can get your credit reports whenever you want, you should at least get one at the end of each year. However, there are certain benefits of getting it after short times. For instance, if you check your report after some time, you will come to know if there are some suspicious activities happening in your credit account. This will save you from dealing with the issue of identity theft.

The whole thing implies is that you should never shy away from checking your credit report. It costs you nothing to get a credit report, but it saves you from many big issues.

The fact is that the credit report will have information about your residence at present and your residence in the past. It will have information about the mode of payment of your bills. It will have details whether you have been sued or arrested. It will also have details about your present and past employers. It will also show details about whether or not you have filed for bankruptcy.

You can get a lot of vital information by doing a research of free credit reports. You will get reports of hundreds of companies that can sell you the credit report or the ongoing credit monitoring. Beware of certain sites that act like imposters. The real goal of these sites is to snag people. These people think that they are looking at an official site for free credit reports but actually the case is different.

Thursday, September 16, 2010

US homes lost to foreclosure up 25 pct on year

By ALEX VEIGA, AP Real Estate Writer
15 mins ago

LOS ANGELES – Lenders took back more homes in August than in any month since the start of the U.S. mortgage crisis.
The increase in home repossessions came even as the number of properties entering the foreclosure process slowed for the seventh month in a row, foreclosure listing firm RealtyTrac Inc. said Thursday.
In all, banks repossessed 95,364 properties last month, up 3 percent from July and an increase of 25 percent from August 2009, RealtyTrac said.
August makes the ninth month in a row that the pace of homes lost to foreclosure has increased on an annual basis. The previous high was in May.
Banks have been stepping up repossessions to clear out their backlog of bad loans with an eye on eventually placing the foreclosed properties on the market, but they can't afford to simply dump the properties on the market.
Concerns are growing that the housing market recovery could stumble amid stubbornly high unemployment, a sluggish economy and faltering consumer confidence. U.S. home sales have collapsed since federal homebuyer tax credits expired in April.
That's one reason fewer than one-third of homes repossessed by lenders are on the market, said Rick Sharga, a senior vice president at RealtyTrac.
"These (properties) are going to come to market, but very slowly because nobody wants to overwhelm a soft buyer's market with too much distressed inventory for fear of what it would do for house prices," he said.
As a result, lenders are putting off initiating the foreclosure process on homeowners who have missed payments, letting borrowers stay in their homes longer.
The number of properties receiving an initial default notice — the first step in the foreclosure process — slipped 1 percent last month from July, but was down 30 percent versus August last year, RealtyTrac said.
Initial defaults have fallen on an annual basis the past seven months. They peaked in April 2009.
Still, the number of homes scheduled to be sold at auction for the first time increased 9 percent from July and rose 2 percent from August last year. If they don't sell at auction, these homes typically end up going back to the lender.
More than 2.3 million homes have been repossessed by lenders since the recession began in December 2007, according to RealtyTrac. The firm estimates more than 1 million American households are likely to lose their homes to foreclosure this year.
In all, 338,836 properties received a foreclosure-related warning in August, up 4 percent from July, but down 5 percent from the same month last year, RealtyTrac said. That translates to one in 381 U.S. homes.
The firm tracks notices for defaults, scheduled home auctions and home repossessions — warnings that can lead up to a home eventually being lost to foreclosure.
Among states, Nevada posted the highest foreclosure rate last month, with one in every 84 households receiving a foreclosure notice. That's 4.5 times the national average.
Rounding out the top 10 states with the highest foreclosure rate in August were: Florida, Arizona, California, Idaho, Utah, Georgia, Michigan, Illinois and Hawaii.
Economic woes, such as unemployment or reduced income, are now the main catalysts for foreclosures.
Lenders are offering a variety of programs to help homeowners modify their loans, but their success rates vary. Hundreds of thousands of homeowners can't qualify or fall back into default.
The Obama administration has rolled out numerous attempts to tackle the foreclosure crisis but has made only a small dent in the problem. Nearly half of the 1.3 million homeowners who enrolled in the Obama administration's flagship mortgage-relief program have fallen out.
The program, known as Making Home Affordable, has provided permanent help to about 390,000 homeowners since March 2009.
Regardless, many troubled borrowers have seen their efforts to get a loan modification stymied.
Larry Book of Winter Garden, Fla., was one packet away from a permanent loan modification from Chase under the Obama administration's foreclosure prevention plan after more than a year of back and forth and one failed attempt.
But his modification never went through. Instead, his loan was transferred from Chase to IBM Lender Business Process Servicers in July and he was told he owed $9,562.62 and must bring his mortgage current by Sept. 15 or foreclosure proceedings will begin.
"It just becomes too exhausting," Book said about the modification process. "That's why some people walk away. But I've invested too much and given up too much to just let it go."

Monday, August 23, 2010

What are the income limits for Chapter 7 Eligibility?

You must undergo a "means test" to qualify for Chapter 7 bankruptcy. This means your income and expenses are examined to see how they compare to the standard for your area as set by the IRS.

For example, if you earn less than the median income for a family of your size in your state, you can file for Chapter 7 bankruptcy. However, if your income from the last six months is greater than the median income, and you can pay at least $6,000 over five years or $100 a month, toward your debt you can't file for Chapter 7. You must file for Chapter 13 instead.

The median incomes for families of various sizes are as follows:

Family Size Median Income
(# of family members)


1 $43,456
2 $52,433
3 $61,517
4 $74,558
5 $82,058
6 $89,558
7 $97,058
8 $104,558
9 $112,058
10 $119,558

Wednesday, July 28, 2010

Article: Credit card fees transfer wealth to rich, study finds

By Kristina Cooke
Mon Jul 26, 2:33 pm ET

NEW YORK (Reuters Life!) – Credit card fees and rewards programs exacerbate income inequality by acting as a transfer of wealth from poor to rich, according to a Federal Reserve Bank of Boston study released Monday.
The researchers argue that reducing card rewards and merchant fees "would likely increase consumer welfare."
Merchants usually don't charge different prices for card users to recover the costs of fees and rewards, but instead, mark up the prices for all consumers.
As a result, people who pay cash -- and who are more likely to be lower income -- end up subsidizing those who pay by credit card.
U.S. consumer finance data shows that people on a low income are less likely to have a credit card, and those who do, spend less a month on average, than higher earners. High-income consumers are also 20 percentage points more likely to receive credit card rewards -- be they frequent flier miles, cash back or other enticements.
"What most consumers do not know is that their decision to pay by credit card involves merchant fees, retail price increases, a nontrivial transfer of income from cash to card payers, and consequently a transfer from low-income to high-income consumers," Scott Schuh, Oz Shy and Joanna Stavins wrote.
They found that about 83 percent of banks' revenue from credit card fees is obtained from cash payers "and disproportionately from low-income cash payers."
After accounting for rewards paid by banks, households who earn more than $150,000 annually receive a subsidy of $756 on average every year, while the households earning $20,000 or less pay $23.
Financial regulatory reform signed into law last week gives the Federal Reserve responsibility for regulating fees associated with debit, but not credit, cards.
The researchers said that the transfer of wealth highlighted by their study "may be a concern that U.S. individuals, businesses or public policy-makers wish to address."
They suggest that if merchants and banks don't take steps to reduce the wealth transfers, policy-makers could mull ways to push different pricing depending on the payment method, more transparency on fees, or regulating fees and rewards.
(Reporting by Kristina Cooke; Editing by Jan Paschal)

Saturday, July 17, 2010

Despair as Job Search Drags On and Money Dries Up

July 17, 2010

By MICHAEL LUO
CARLISLE, Ky. — In her well-thumbed, leather-bound Bible, Terri Sadler recently highlighted in bright pink a passage in the Gospel of Matthew.

In it, Jesus urges his followers not to “worry about tomorrow, for tomorrow will worry about itself.”

But Ms. Sadler’s tightening throat and halting breath when she tries to read the words aloud make it clear that she is having trouble mustering enough faith to follow them.

Ms. Sadler, who lost her job at an automotive parts plant in October 2008, learned last month that her unemployment insurance had been cut off. She is one of an estimated 2.1 million Americans whose benefits have expired and who are waiting for an end to an impasse that has lasted months in the Senate over extending the payments once more to the long-term unemployed.

Times have changed politically, however, and opposition is growing in Washington and abroad to deficit-bloating government spending, even for those who are hurting.

For Ms. Sadler, and many like her, each passing day has become an excruciating countdown of debts and deadlines.

“I’m basically applying for everything, trying to get something,” said Ms. Sadler, 52, who since early June has not received an unemployment check, which used to be about $388 a week before taxes. “If I don’t, I’m going to lose everything. I’m not going to have a roof over my head. I’m just going to have to walk away with what I have on my back, and my dog.”

She is down to $44 in her purse and a quarter-tank of gas. She says she has exhausted the help of family and friends.

Members of her tiny Baptist church just up the road from her cramped mobile home pooled their money on Sunday to come up with her car payment and insurance. A county ministerial association paid her water bill. A nonprofit organization covered her last two electric bills.

A notepad on her refrigerator lists the other outstanding bills: $102 cellphone, $79 cable and Internet, which she relies on for job-hunting; $15 for her credit card; and $30 for an end table she had bought on layaway. Not listed was $275 for her rent this month, which she still owes.

Every morning, after Ms. Sadler takes her dog out and turns on the coffee maker, she switches on the television to C-Span. Then she cracks open her laptop to resume a job hunt that has become frantic.

But as she has run low on money, her search has also become increasingly circumscribed. She used to drive to drop off résumés with businesses; now she is mostly limited to scanning online listings.

Ms. Sadler eagerly tuned in to C-Span last Monday, mistakenly believing that Senate Democrats returning from recess would quickly take up the unemployment insurance extension. But they remain a vote short of being able to block a Republican filibuster, forcing them to wait for Carte Goodwin, the successor to Senator Robert C. Byrd, who died last month, to be sworn in. The Senate majority leader, Harry Reid, said the vote on an extension would occur on Tuesday.

The measure is now expected to pass, but advocates for unemployment insurance are hardly declaring victory yet. Fears about the country’s skyrocketing deficit, which are at the heart of Republican objections, have gained growing prevalence, even with moderate Democrats. Economic arguments that additional government spending is needed to spur the economy have been swamped.

Some Republican politicians have argued that continuing to extend unemployment benefits offers a disincentive for the jobless to find work. Supporters of unemployment insurance counter that job openings remain in short supply.

Ms. Sadler estimates that she used to spend six hours a day searching for work; now it is at least double amount of time.

“There’s been times I’ve had to make myself stop looking for jobs because it was driving me nuts,” said Ms. Sadler, who admitted that she had contemplated suicide.

Every day has become a tense scramble, highlighting just how thin the governmental safety net for the jobless becomes beyond unemployment benefits. After Ms. Sadler was cut off from jobless benefits, she qualified for $200 a month in food stamps, but food stamps do not pay her bills, nor do they cover other necessities.

She recently wrote to Tom’s of Maine, because she uses the company’s toothpaste, mouthwash and deodorant, asking whether it might be able to donate some products to her. But she was informed that the company usually gives only to nonprofit organizations.

Ms. Sadler lives alone here in this small town in the northern part of the state, where Amish are sometimes spotted heading down the main road with horse and buggy. She has only her 2-year-old dog, Tootie-muffin, for company.

Before she lost her job, she had enrolled in community college to study medical billing and coding. She finished the program in May, but most of the medical billing jobs she has applied for require experience. The framed certificate, and another one for data entry, on her bedroom wall are just decorations at this point.

How she landed in this predicament is a product of both mistakes she made and forces beyond her control. She dropped out of high school and had her daughter, Chastity, at age 15. She started working in factories soon after and eventually earned her G.E.D. She had managed to scratch out a relatively comfortable life before she lost her job, making $14.65 an hour at Vuteq, in Georgetown, Ky., a company that makes sun roofs and windshields for Toyota.

But she never accumulated much savings, besides $3,000 she had socked away in a 401(k) account, which she quickly ran through. She has always had a thing for Ford Mustangs and bought a used red one in 2006 that she now admits was a bad decision.

She filed for bankruptcy in March 2009 and was allowed to keep her car on a reduced payment schedule, but she was barred from selling it.

After moving several times, she finally found her mobile home here, with cheap green siding and outdated wood paneling, at a monthly rent she could afford on unemployment insurance.

She had used up 79 weeks of benefits but was expecting an additional 20 weeks under the extended federal program.

On Tuesday, Ms. Sadler scored just her third interview since 2008, for a $7.50-an-hour job at a check-cashing business that is an hour’s drive from her home. It would have paid less than she received on unemployment benefits and left her still unable to cover her expenses, but she had little choice.

It took all her willpower not to reach across the table to shake her interviewer and beg for a chance. The company said she would know by Thursday, but as of Friday she had not heard back.

Thursday, July 15, 2010

Homes lost to foreclosure on track for 1M in 2010

By ALEX VEIGA, AP Real Estate Writer
Thu Jul 15, 1:10 am ET

LOS ANGELES – More than 1 million American households are likely to lose their homes to foreclosure this year, as lenders work their way through a huge backlog of borrowers who have fallen behind on their loans.
Nearly 528,000 homes were taken over by lenders in the first six months of the year, a rate that is on track to eclipse the more than 900,000 homes repossessed in 2009, according to data released Thursday by RealtyTrac Inc., a foreclosure listing service.
"That would be unprecedented," said Rick Sharga, a senior vice president at RealtyTrac.
By comparison, lenders have historically taken over about 100,000 homes a year, Sharga said.
The surge in home repossessions reflects the dynamic of a foreclosure crisis that has shown signs of leveling off in recent months, but remains a crippling drag on the housing market.
The pace at which new homes falling behind in payments and entering the foreclosure process has slowed as banks continue to let delinquent borrowers stay longer in their homes rather than adding to the glut of foreclosed properties on the market. At the same time, lenders have stepped up repossessions in an effort to clear out the backlog of distressed inventory on their books.
The number of households facing foreclosure in the first half of the year climbed 8 percent versus the same period last year, but dropped 5 percent from the last six months of 2009, according to RealtyTrac, which tracks notices for defaults, scheduled home auctions and home repossessions.
In all, about 1.7 million homeowners received a foreclosure-related warning between January and June. That translates to one in 78 U.S. homes.
Foreclosure notices posted monthly declines in April, May and June, but Sharga said one shouldn't read too much into that.
"The banks are really sort of controlling or managing the dial on how fast these things get processed so they can ultimately manage the inventory of distressed assets on the market," he said.
On average, it takes about 15 months for a home loan to go from being 30 days late to the property being foreclosed and sold, according to Lender Processing Services Inc., which tracks mortgages.
Assuming the U.S. economy doesn't worsen, aggravating the foreclosure crisis, Sharga projects it will take lenders through 2013 to resolve the backlog of distressed properties that have on their books right now.
And a new wave of foreclosures could be coming in the second half of the year, especially if the unemployment rate remains high, mortgage-assistance programs fail, and the economy doesn't improve fast enough to lift home sales.
The prospect of lenders taking over more than a million homes this year is likely to push housing values down, experts say.
Foreclosed homes are typically sold at steep discounts, lowering the value of surrounding properties.
"The downward pressure from foreclosures will persist and prices will be very weak well into 2012," said Celia Chen, senior director of Moody's Economy.com.
She projects home prices will fall as much as 6 percent over the next 12 months from where they were in the first-quarter.
Economic woes, such as unemployment or reduced income, continue to be the main catalysts for foreclosures this year. Initially, lax lending standards were the culprit. Now, homeowners with good credit who took out conventional, fixed-rate loans are the fastest growing group of foreclosures.
There are more than 7.3 million home loans in some stage of delinquency, according to Lender Processing Services.
Lenders are offering to help some homeowners modify their loans. But many borrowers can't qualify or they are falling back into default. The Obama administration's $75 billion foreclosure prevention effort has made only a small dent in the problem.
More than a third of the 1.2 million borrowers who have enrolled in the mortgage modification program have dropped out. That compares with about 27 percent who have received permanent loan modifications and are making payments on time.
Among states, Nevada posted the highest foreclosure rate in the first half of the year. One in every 17 households there received a foreclosure notice. However, foreclosures there are down 6 percent from a year earlier.
Arizona, Florida, California and Utah were next among states with the highest foreclosure rates. Rounding out the top 10 were Georgia, Michigan, Idaho, Illinois and Colorado.
___

Wednesday, July 14, 2010

Will My Spouse be Affected if I File Bankruptcy?

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.

If I file Bankruptcy, will my creditors stop harassing me?

Yes, they will! By law, all actions against a debtor must cease once the 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.

Consumer Bankruptcy Filings at Highest Level Since 2005

Consumer bankruptcy filings reached their highest point since 2005 in the first half of this year.

Through the first six months of 2010, consumer bankruptcy filings increased to 770,117 — 14% more than filings made over the same period last year, the American Bankruptcy Institute said. This marks the largest number of filings since the Bankruptcy Abuse Prevention and Consumer Protection Act was enacted to curb the increase in filings five years ago.

Month-to-month, June figures indicate a decline for the third consecutive month. Bankruptcy filings totaled 127,000 last month, down more than 7% from May. The number of June 2010 filings, however, was more than 8% higher than last year, based on data compiled by the National Bankruptcy Research Center.

ABI expects another 1.6 million bankruptcy filings by the end of the year, Executive Director Samuel J. Gerdano said in a statement Friday.

The southwestern and southeastern regions of the country saw the highest filing rates. Adjusting for households located in the state, Nevada, which has the highest unemployment rate in the country, had more than double the national filing rate — 15,000 filings per million households, compared to the national average of 6,800 filings per million households, according to a report by Ronald Mann, a professor at Columbia Law School. Alaska, Washington, D.C. and South Carolina had the lowest filing rates — less than 40% of the national average.

Changes in filing rates varied state to state. While most states are seeing increased filings, some southern states like Tennessee and Alabama have lower filing rates.

Monday, July 12, 2010

Article: More Americans' credit scores sink to new lows

By EILEEN AJ CONNELLY, AP Personal Finance Writer


NEW YORK – The credit scores of millions more Americans are sinking to new lows.
Figures provided by FICO Inc. show that 25.5 percent of consumers — nearly 43.4 million people — now have a credit score of 599 or below, marking them as poor risks for lenders. It's unlikely they will be able to get credit cards, auto loans or mortgages under the tighter lending standards banks now use.
Because consumers relied so heavily on debt to fuel their spending in recent years, their restricted access to credit is one reason for the slow economic recovery.
"I don't get paid for loan applications, I get paid for closings," said Ritch Workman, a Melbourne, Fla., mortgage broker. "I have plenty of business, but I'm struggling to stay open."
FICO's latest analysis is based on consumer credit reports as of April. Its findings represent an increase of about 2.4 million people in the lowest credit score categories in the past two years. Before the Great Recession, scores on FICO's 300-to-850 scale weren't as volatile, said Andrew Jennings, chief research officer for FICO in Minneapolis. Historically, just 15 percent of the 170 million consumers with active credit accounts, or 25.5 million people, fell below 599, according to data posted on Myfico.com.
More are likely to join their ranks. It can take several months before payment missteps actually drive down a credit score. The Labor Department says about 26 million people are out of work or underemployed, and millions more face foreclosure, which alone can chop 150 points off an individual's score. Once the damage is done, it could be years before this group can restore their scores, even if they had strong credit histories in the past.
On the positive side, the number of consumers who have a top score of 800 or above has increased in recent years. At least in part, this reflects that more individuals have cut spending and paid down debt in response to the recession. Their ranks now stand at 17.9 percent, which is notably above the historical average of 13 percent, though down from 18.7 percent in April 2008 before the market meltdown.
There's also been a notable shift in the important range of people with moderate credit, those with scores between 650 and 699. The new data shows that this group comprised 11.9 percent of scores. This is down only marginally from 12 percent in 2008, but reflects a drop of roughly 5.3 million people from its historical average of 15 percent.
This group is significant because it may feel the effects of lenders' tighter credit standards the most, said FICO's Jennings. Consumers on the lowest end of the scale are less likely to try to borrow. However, people with mid-range scores that had been eligible for credit before the meltdown are looking to buy homes or cars but finding it hard to qualify for affordable loans.
Workman has seen this firsthand.
A customer with a score of 679 recently walked away from buying a house because he could not get the best interest rate on a $100,000 mortgage. Had his score been 680, the rate he was offered would have been a half-percent lower. The difference was only about $31 per month, but over a 30-year mortgage would have added up to more than $11,000.
"There was nothing derogatory on his credit report," Workman said of the customer. He had, however, recently gotten an auto loan, which likely lowered his score.
Studies have shown FICO scores are generally reliable predictions of consumer payment behavior, but Workman's experience points to one drawback of credit scoring: lenders can't differentiate between two people with the same score. Another consumer might have a 679 score because of several late payments, which could indicate he or she is a bigger repayment risk.
On a broader scale, some of the spike in foreclosures came about because homeowners were financially irresponsible, while others lost their jobs and could no longer pay their mortgages. Yet both reasons for foreclosures have the same impact on a borrower's FICO score.
In the past too much credit was handed out based on scores alone, without considering how much debt consumers could pay back, said Edmund Tribue, a senior vice president in the credit risk practice at MasterCard Advisors. Now the ability to repay the debt is a critical part of the lending decision.
Workman still thinks credit scores alone play too big a role. "The pendulum has swung too far," he said. "We absolutely swung way too far in the liberal lending, but did we have to swing so far back the other way?"

Wednesday, July 7, 2010

When My "House of Cards" Collapsed

When my "house of cards" began collapsing I turned to the phone book first. The only attorney in my immediate area to handle bankruptcy cases was standoffish, indifferent, and too high priced. I then searched the internet for advice on a self help (do it yourself) approach to filing. I posted a couple of questions on the Legal Services of Northern Michigan website and Cara Korhonen was the volunteer who answered. She pointed out several potential hazards to working on my own and gave me the phone number of her firm for a free consultation. During that first call she calmed me down and offered to take my case--at a much lower price than I had been quoted elsewhere. She answered every little nit-picky question I had and sent me some easy to understand "fill in the blanks" paperwork. Throughout the entire process Cara proved to be extremely competent and compassionate. She made the harassing phone calls stop and brought hope back into my life. I cannot thank her enough.

~Paul G.

Tuesday, July 6, 2010

What exactly does a chapter 7 bankruptcy discharge do?

A discharge releases you from personal liability for discharged debts and prevents the creditors owed those debts from taking any action against you or your property to collect the debts.

As a general rule, excluding cases which are dismissed or converted, individuals receive a discharge in more than 99 percent of chapter 7 cases.

In most cases, unless a complaint has been filed objecting to the discharge or you filed a written waiver, the discharge will be granted relatively early in the case, that is, 60 to 90 days after the date first set for the meeting of creditors. Bankruptcy Rule 4004(c).

The grounds for denying you a discharge are very narrow and are construed against a creditor or trustee seeking to deny you a chapter 7 discharge. Among the grounds for denying a discharge are:

You failed to keep or produce adequate books or financial records;
You failed to explain satisfactorily any loss of assets;
You committed a bankruptcy crime such as perjury;
You failed to obey a lawful order of the bankruptcy court; or
You fraudulently transferred, concealed, or destroyed property that would have become property of the estate. 11 U.S.C. § 727; Bankruptcy Rule 4005.

Do I have to appear before a bankruptcy judge?

No, you will meet with a trustee and your creditors at a meeting called 341.

The 341 meeting is called the Meeting of the Creditors. The meeting is run by the trustee and creditors seldom appear at this meeting.

What is the trustee's job?

To find assets with equity, liquidate them and then pay off the secured creditors. If any money is left then they also pay unsecured creditors based on priority.

A trustee is appointed by the United States Trustee to administer the case and liquidate your nonexempt assets. 11 U.S.C. §§ 701, 704.

What exactly can I exempt?

It depends on which state you live in. Most states allow the Federal exemptions but also have state exemptions that may be more favorable. See Michigan exemptions at the link below:

http://www.filing-bankruptcy-form.com/forms/exemptions/Michigan.pdf

How can I find out what I owe and who I owe it to?

You can order your free credit report from each of the three major credit reporting agencies: Experian, TransUnion and Equifax.

Under the current law, you are entitled to a FREE report annually from each agency or in the event you have been declined credit.

You can order your report via the Internet by going to Annual Credit Report by following this link: https://www.annualcreditreport.com/cra/index.jsp

Or by visiting any of the individual sites below:

Experian: http://www.experian.com/
Equifax: http://www.equifax.com/home/en_us
TransUnion https://www.transunion.com/

You can also use these phone numbers to order reports:

Equifax 1-800-685-1111 - you can get a free report if you have been denied credit in the last 60 days. Make sure that you order only the credit report. Mail within 48 hours.
TransUnion 1-800-916-8800 - receive within 6 to 8 business days.
Experian 1-888-397-3742 - receive within 8 to 10 business days.
Caution: If your phone request gets lost, you'll have to write to them anyway. If your letter is after 30 days of being denied credit, employment, or insurance, you might have to pay for the report. It would be a good idea to mention in your letter the date that you requested the report by phone. Your written request should contain proof of your identity and current address, such as your driver's license and a copy of a utility bill.

If, after reviewing your report, you feel there are errors in it, you can send a written dispute to:

Experian
NCAC
P.O. Box 9556
Allen, TX 75013

Equifax Information Services
P.O. BOX 740256
Atlanta, GA 30374

TransUnion
Customer Disclosure Center
Trans Union Consumer Relations
P.O. Box 2000
Chester, PA 19022-2000

When mailing your request, make sure you send all of the information contained here.

General Contact Numbers
Experian
Office in TX: 1-888-397-3742
Business: 1-888-211-0728

Equifax Information Services
Business Line (also has option for Personal): 1-888-202-4025
Office in GA: 1-800-685-1111
Dispute Fax #: 1-888-826-0573
Business: 1-802-304-0364
General: 1-800-797-6801

TransUnion
Office in PA: 1-800-888-4213
1-888-259-6845 (6am-12 pacific time)
1-800-916-8800 (consumer relations)

How long does it take before my debts are discharged?

Chapter 7 takes between 3 to 8 months;

Chapter 11 can take from just under a year to many years;

Chapter 13 can take several months while trying to get your repayment plan approved. However, the actual discharge is not final until you've met the payment plan requirements which takes from 36 to 60 months to complete.

What about my belongings? Do I have to list all of them in my bankruptcy?

Every belonging or asset you own must be included in the filing. After filing you may choose to exempt some of your assets form the bankruptcy.

What happens if I exempt my car or truck?

You didn't actually exempt the vehicle (or any asset) you really only exempted the equity (the value of the vehicle minus the debt owed on it) in the asset . To help you understand the concept of equity think about a situation where you have a loan for say, $20,000 on a car that is only worth $25,000. You have the difference between the value and the loan or $5,000 in this particular example. You would exempt $5,000 from your bankruptcy. However this does not mean you get to keep the car free. You only keep the vehicle if you make payments on it.

On the other hand, if the situation was reversed and you owed $25,000 on a vehicle worth only $20,000 then you could choose to simply give the vehicle back and owe nothing. One of the advantages to filing bankruptcy.

Which bankruptcy chapter is the least expensive?

Chapter 7 is least expensive because you do not have to pay off any portion of your unsecured debt. The next least expensive is Chapter 13 where you repay about 10 cents on the dollar, followed by Chapter 11.

Church and Korhonen, PLLC charges $750.00 for attorney fees in a Chapter 7. Additional expenses are $299.00 in court filing fees and about $100 in mandatory credit counseling classes (these classes can be conducted over the Internet or phone).

Some people ask why are our attorneys fees are so low when compared to other bankruptcy attorneys practicing in Michigan. The answer is simple. At Church and Korhonen, PLLC, we have streamed-lined the process of gathering information from the clients, taking maximum advantage of time so that the filing process is efficient and responsive. We also understand that people seeking bankruptcy do not have large sums of money available to them. We want to help people out of these hopeless situations and our fees reflect that concern.


In this case, paying less gives you more.

How would I know if Chapter 7 is right for my situation?

If you have very few assets with no property and your assets can be exempted then Chapter 7 may be right for you as long as you have no other obligations such as court ordered alimony, child support payments, criminal restitution, non-dischargeable taxes, or student loans. (list of non-dischargeable items) Many national creditors prefer that you file Chapter 7 if they cannot recover at least 50 cents on the dollar.

How long until my credit gets back to the point where I might hope to get a regular credit card or mortgage?

Rebuilding credit depends on how aggressively you try to get back on track, but don't figure less than 1-3 years. Remember, you can always get a secured credit card or a mortgage with a low loan to value (LTV) and high interest rate, sometimes even still in the middle of a bankruptcy.

How long does it take before my debt are discharged?

Chapter 7 takes between 3 to 8 months;

Chapter 11 can take from just under a year to many years;

Chapter 13 can take several months while trying to get your repayment plan approved. However, the actual discharge is not final until you've met the payment plan requirements which takes from 36 to 60 months to complete.

What happens to my credit if I file Bankruptcy?

The fact is that when lenders or other creditors review your credit report they rank bankruptcy as the worst.

However, you can rebuild your credit immediately with a secured loan or credit card. In fact you can even obtain these items while going through the bankruptcy process.

Why would creditors give you a secured loan or credit card if you filed bankruptcy? Because once you have filed bankruptcy, you cannot file again for 8 years. Creditors realize that if you have a job or source of income, and they give you credit after you have filed bankruptcy, you must repay the debt or they can garnish your wages and/or place liens against your property. Since you can't file bankruptcy there is no way you can stop the garnishments or liens. In this way, you are a better credit risk than someone who has never filed bankruptcy.

What are the advantages of bankruptcy?

If you are struggling with debt from credit cards, medical expenses or unsecured debt, you may be able to discharge your debts through bankruptcy. A successful bankruptcy will erase your debt and you will no longer be responsible for its repayment.