Blogs
According to a recent Business Insider article many bankruptcies are being driven by student loan debt. See the link below. Jim Shenwick
https://www.businessinsider.com/people-filing-for-personal-bankruptcy-carry-student-loan-debt-2019-6
To view an interesting article about proposed City council actions to overhaul the taxi medallion industry please see NY Post article below. Jim Shenwick
New York Post Article on City Council Proposed Overhaul of Taxi Medallion Industry
An excellent article on student loans and bankruptcy. Please review below. Jim Shenwick
Taxi Drivers to get 10 Million Dollar Break and Lone Safeguards, reported by New York Times on June 12, 2019-IS THIS RELIEF TOO LITTLE TOO LATE!
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The New York Times reported on June 12th 2019, that's facing ruin, taxi drivers to get 10 million dollar break and lone safeguards.
While 10 million dollars sounds like a lot of money, in this author's opinion, that 10 million dollar break & loan safeguard will have little impact or benefit to the average Taxi Medallion owner, who owns an “under water” taxi medallion.
The article further stated that Mayor Bill de Blasio announced a separate set of initiatives: The city is eliminating as much as $10 million in fees to taxi medallion owners, and drivers will be able to obtain financial counseling from a new “driver assistance center.”
The mayor said that he would extend the city moratorium on
approving additional vehicles from ride-hailing services such as Uber and Lyft for another year.
The fee waiver would aid all owners of the city’s 13,500 taxi
medallions, including large fleets, which operate about half of cabs. It would exempt them from paying $1,100 renewal fees due this year or next.
While any waiver of fees would be appreciated by the beleaguered taxi medallion owners, it is this authors opinion that the waiver of $1,100 renewal fees for this year and next year is a drop in the bucket compared to the financial problems facing under water taxi medallion owners.
It is this author's experience, that the average taxi medallion owner
owes approximately $500,00 to $600,000 in loans, on a medallion
that is now worth approximately $165,000, based on the latest TLC
data, so the savings of $1,100 in renewal fees will have little to no
financial impact on the troubled taxi medallion owner.
Additionally, the ability to obtain financial counseling from a new
driver Assistance Center, while admirable is too little and too late for
most taxi medallion owners, who owned under water taxi medallions.
Moreover, extending the city moratorium on proving additional
vehicles for ride-hailing services has not helped increase the value of existing taxi medallions. Taxi medallions are either continuing to fall or have stabilized at an extremely low price, so the city moratorium has had and will have little impact in increasing taxi medallion values and will provide little relief to taxi medallion owners.
These benefits, while providing good PR for the Mayor and good
sound bites will have little impact on under water taxi medallion
owners-too little, too late! Jim Shenwick
Seniors were sold a risk-free retirement with reverse mortgages. Now thousands face foreclosure.
Urban African American neighborhoods are hardest hit as nearly 100,000 loans have failed.
6/2019 By Nick Penzenstadler and Jeff Kelly Lowenstein, read extensive report – article from USA TODAY
Reverse mortgages – thousands of seniors, who worked their entire life to own a home, are finding their homes foreclosed for several reasons. The problem is that a few years ago there was little to no federal regulation on reverse mortgages. A high percentage of these homeowners relied on the lies of those who made a profit from selling reverse mortgages. They were told they could live in their home for the rest of their lives, for “free”.
Who sells these mortgages – mostly brokers/realtors who lost their normal income during the real estate crash, but now there is an entire lending market focused on these mortgages. They targeted poor neighborhoods who are least likely to seek competent advice about the issues with reverse mortgages. They looked for homes that needed repairs, leaving door hangers advertised a “tax-free” benefit for seniors.
TV ads featuring Henry Winkler, Fred Thompson and Robert Wagner made it appear that these mortgages were “free”. They offered to “eliminate monthly payments permanently” with “a risk-free way of being able to access home equity” – neither of which is true, according to the Consumer Financial Protection Bureau. “Always retain ownership,” “remain in your home as long as you wish” and “you can’t be forced to leave” were other frequent hooks, according to investigations by federal regulators.
Five years ago HUD developed some changes to protect seniors. But, those who signed reverse mortgages before the new rules went into effect are left to fend for themselves and, in many cases, lose their home.
So, what is the problem today?
Thousands of seniors signed reverse mortgages and did not understand they had certain obligations or their home would go into foreclosure. These obligations included paying real property taxes or keeping the property insured and in good condition. In ZIP codes where most residents make less than $40,000, the analysis found reverse mortgage foreclosure rates were six times higher in black neighborhoods than in white ones.
Poor neighborhoods were targeted with “bad apple” reverse mortgages
In ZIP codes where most residents make less than $40,000, the analysis found reverse mortgage foreclosure rates were six times higher in black neighborhoods than in white ones. See the USA Today article for a map of the United States identifying foreclosures of senior homeowners – Chicago, Baltimore, Miami, Detroit, Philadelphia and Jacksonville, Florida, are among the hardest hit.
How reverse mortgages work:
Lenders appraise the value of a house and allow homeowners to borrow back money against that market value.
Borrowers can stop making monthly mortgage payments, and they can stay put for life, so long as they maintain the home, pay property taxes and insurance and don’t sell, move out or die. Reverse mortgages require no credit check and government-mandated financial counseling can be as easy as a 20-minute phone call.
Lenders and their investors make their money through origination fees that can top $15,000 with fees and mortgage insurance, and by charging interest on the loan balance.
The neighborhood is damaged by foreclosures
Each foreclosure depresses home values within about 600 feet by 1%, according to a study in 2006 in the journal Housing Studies. As foreclosures mount, the study says, that figure compounds. Five foreclosures in a few city blocks means a 5% loss for every neighbor.
It’s all about money
Even when both husband and wife are old enough to qualify, reverse mortgage lenders often advise them to remove the younger spouse from loans and titles. Federal rules allow people to take out more money if they are older based on actuarial tables showing they have fewer years left to live. The problem is the spouse who is not on the mortgage finds it very difficult to save the home after the spouse on the loan passes away. There are deadlines for filing certain paperwork, all happening at a time the surviving spouse is dealing with the death of the spouse.
A higher loan balance means higher closing costs and a bigger commission for brokers.
10 Questions to Ask About Reverse Mortgages
Sun Cities area has some of the highest reverse-mortgage foreclosures.
Reverse Mortgage Meltdown – and Gov’t Complicity?
USA TODAY wants to hear about your stories
The post Reverse Mortgages – Why Seniors Lose Their Home appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Do I Need to File For Bankruptcy in Tacoma Washington?
You do not always get a “yes” or “no” answer when you ask someone if you should file bankruptcy in Tacoma, Washington. More often, people will respond, “File for bankruptcy only as a last resort!” This usually means, bankruptcies are the last straw if and only if you have already exhausted all available debt relief options and despite everything, you are still on the road to financial distress.
The reason people turn their backs on bankruptcy is because of the drawbacks it brings. More often than not, Americans perceive people who go bankrupt as failures. The scar bankruptcy leaves on one’s life is often brought about by the stigma associated with it all these years.
However, bankruptcy is more of a scab rather than a scar. With proper care and attention, a scab clears up and fades away, leaving little to no traces of a wound that it once was. Like a scab, when the bankruptcy process was treated with proper care and attention, there is a great chance for a debtor to get a fresh start. It is for this reason that bankruptcy laws are in place. It is meant to give people a second lease on life, at least on the financial aspect of their lives.
In Tacoma, Bankruptcy is one of the major decisions anybody makes in their lives. That being said, before you dive in, you must find out the reasons why you are even considering it. You also need to study the advantages and disadvantages of a bankruptcy filing.
Why Am I Filing Bankruptcy?
Medical debt is considered as the number one reason why Americans file for bankruptcy in Tacoma. An estimated 66.5% of all bankruptcies are tied to medical issues, followed by unaffordable mortgages (45%) and spending or living beyond one’s means (44.4%). Even if one has insurance, it is not enough to cover health-related bills. Worse, your health problem may even make it challenging to do your job resulting in you quitting or being let go by your employer. This imbalance on your income and expenses is an unfavorable consequence of mounting medical bills coupled with losing your job. Other situations can make bankruptcy a seemingly suitable option for the following reasons:
- You are undergoing divorce proceedings
- You are being sued by creditors in order to make you settle your debts.
- You are about to lose your home.
- You only have your credit card to pay for your purchases
- You have been maxing out your credit cards one by one because you just transfer balances from one to the other.
- You are being tempted to dip into your retirement account to cover the bills
Are there options other than a bankruptcy filing?
When you really think about it or when you keep your eyes open, you might find that there are other alternatives available to address your financial troubles.
There are other viable options you can consider before diving in bankruptcy. Credit counseling is one. Credit counselors will look at the state of your finances and enlighten you on the pros and cons of debt management programs such as debt consolidation or debt settlement.
You may also be considering living within your means. Tighten your belt by drawing the line on unnecessary purchases. You can also try taking a second job or selling off one of your assets to supplement your income or to pay the bills.
You can also look into negotiating your debt to more manageable terms and amounts. Maybe you may also evaluate if this is just a temporary slump and your situation may improve soon.
Another important thing to consider is if you have an incoming substantial amount of payables looming in the horizon. If so, you might want to hold off on paying that until you decide whether or not to file bankruptcy since those bills could be dismissed through bankruptcy.
Am I Eligible to File for Bankruptcy?
Chapter 7 and Chapter 13 are the two types of bankruptcies for individuals. Both have certain criteria to qualify:
Chapter 7 bankruptcy is more of liquidation and allows the debtor to clean out debts and get a completely fresh start. A bankruptcy court appoints a trustee who collects all of a debtor’s non-exempt assets and sells them to pay back the creditors. A debtor is allowed to keep what is known as exempt property. Considered exempt includes most retirement accounts, Social Security payments, and a certain amount of home equity. Chapter 7 bankruptcy works for low-income debtors with little or no assets with which to pay off their debts.
Chapter 13 bankruptcy is called reorganization because it allows Chapter 13 filers to pay off all or part of their debts in a span of three to five years. Your bankruptcy attorney will help you draft a proposed repayment plan, which must be approved by the bankruptcy court before your bankruptcy petition can proceed further. The purpose of the reorganization plan is to show how you will fully pay all priority claims, such as child support, unpaid wages, and taxes, within three to five years. Unsecured debts like credit card debts and medical bills may be partially paid over time. Chapter 13 bankruptcy works for individuals who make too much money to qualify for Chapter 7 bankruptcy, or for those who would stand to lose property that they would rather keep.
Can Bankruptcy Wipe Out All Debts?
One of the common misconceptions about bankruptcy in Tacoma is that it wipes out all debts. Unfortunately, some debts are not included in a bankruptcy discharge. These are student loans, child support, alimony, income taxes, debts to government agencies, debts for personal injury caused by driving while intoxicated and any court fines or penalties. On a positive note, Chapter 7 bankruptcy discharges credit card debt, medical bills, personal loans, lawsuit judgments and obligations from leases or contracts. Chapter 13 bankruptcy wipes out those debts, plus debts from a divorce (except support payments), debts for loans from a retirement plan.
If you are already retired and have no significant property, bankruptcy may no longer be necessary. If you have no considerable assets such as valuable property or money in the bank, you are already considered judgment proof. This means, your collectors can no longer collect anything from you no matter how much they pester you. Under the law, no one can go after your assets from social security, pension plans, 401(k) retirement savings, disability benefits, veterans benefits, alimony or support payments.
Do I Need to Work With a Tacoma Bankruptcy Attorney
Yes! You do not want to be stuck in a financial quagmire. When life throws you a curve-ball that turns your life upside down, it is best to look beyond the short-term effects of bankruptcy on your credit score and appreciate the long-term benefits it may have to regain your financial freedom.
Consulting an experienced bankruptcy attorney is one of the crucial first steps when considering filing for bankruptcy. You may be better guided and assisted throughout the whole process if you have a trusted bankruptcy attorney by your side. Call our bankruptcy attorneys at Northwest Debt Relief Law Firm (NWDRLF) for a free initial assessment of your case.
The post File For Bankruptcy in Tacoma Washington? appeared first on Vancouver Bankruptcy Attorney | Northwest Debt Relief Law Firm.
A Deeper Look at Medical Bankruptcy
Bankruptcy is a big decision to make as it can save you from financial ruin. If you’re thinking about filing for bankruptcy due to your medical debt , you should take a deeper look and review the pros and cons of filing 
bankruptcy.
The first thing to realize is that filing bankruptcy for medical reasons is just like filing for any other reason, its exactly the same process and will affect your credit in exactly the same way. How will your credit be affected? Well, a bankruptcy can affect your credit score for up to 10 years, but on the positive side, from the day you file bankruptcy you can begin rebuilding your credit and with your financial problems behind you you actually may end up in a better position in the long run or at least in a pretty good position in a fairly short time.
In addition to affecting your credit score, a bankruptcy can also affect your ability to get a loan and a mortgage. However, now there are programs for people who have had a bankruptcy to help them get loans for homes but you may still end up paying a higher interest rate because lenders may see you as more of a risk.
One of the biggest benefits to filing bankruptcy is you get a fresh start and with the required financial and credit counseling, hopefully you’ll be better prepared to handle your debt this time around. You also come away with a peace of mind, knowing that you will no longer be harassed by collection agencies and creditors as the cloud of debt had been lifted from your life.
Medical Debts and Bankruptcy
Medical debt continues to be one of the most common reasons why consumers file for bankruptcy protection. Since unemployment continues to be a challenge for many Americans across the country there is a continued lack of financial support for medical insurance coverage. The same is likely for those who are underemployed. Even some with medical coverage find themselves struggling to keep up with necessary expenses when an unexpected medical emergency happens.
While many may find personal debt such as credit card bills and outstanding loans overwhelming, others may find medical debt alone to be a big problem for several reasons. Debt collectors for medical collection agencies, as well as hospitals and other medical-related businesses have become more aggressive with their collection tactics. This may include forwarding delinquent accounts over for collections sooner than expected. Outstanding medical debt is also being pursued in small claims court, which often comes as a surprise to patients and consumers.
Bankruptcy is often seen as a last resort for resolving outstanding debt. The same is true for medical debt, especially when patients are unable to agree on an affordable payment plan with creditors. Having limited income makes making payments more difficult which is why bankruptcy is a good option to consider. The filing process helps stop wage garnishment , prevents further legal action from lawsuits served and helps protect personal property from being seized to satisfy creditors. If you feel overwhelmed with outstanding debt obligations, review your situation with an experienced attorney to learn if bankruptcy is the best option for you.
Bankruptcy can help reduce the burden of paying debt obligations depending on which chapter is filed. Chapter 7 bankruptcy eliminates or discharges unsecured debts such as credit card bills, personal loans, and medical bills.
Chapter 13 bankruptcy reorganizes debts into an affordable monthly plan that allows debtors to make payments based on their income ability. Chapter 13 also helps stop foreclosure, repossession and disconnection of utilities.
When you or a loved one is dealing with an illness or other health concerns, the last thing you want to worry about is how bills will be paid. This is when an experienced bankruptcy attorney may be able to help you find
an appropriate solution to your situation. There are other situations that may have you thinking about bankruptcy such as job loss and determining how to maintain health insurance coverage that is no longer sponsored
by an employer.
If you are dealing with medical debt or find it is becoming increasing difficult to make necessary monthly payments because of medical bills, discuss your situation with a bankruptcy expert.
Recovering from a major illness or injury often means recovery financially from mounting medical debt . Even individuals with health insurance find that medical debt is a leading cause for considering bankruptcy. Unfortunately, many debtors consider bankruptcy long after they have substantially whittled away at their limited resources and assets.
Medical bills seem to grow exponentially, one visit to a doctor is bad enough but when there are additional tests and treatments added to the bill, visits and consults with specialists and then huge prescription charges; well, suddenly you’re drowning in medical debt and it feels like there is no way out.
Filing for bankruptcy is not something that should be taken lightly, whether you’re doing it for medical reasons or other reasons. Bankruptcy is a serious step and while it can be the help you need to start over there are some long-reaching implications. So if you’re facing huge medical debt and ongoing treatment there are other steps you should consider first. Ask for a discount, join non profit groups or turn to ones you already belong to, check with pharmaceutical companies for discounts, ask friends and family.
Only when you’ve exhausted all efforts to make your medical debt manageable should you turn to bankruptcy. And then, you should make sure you visit with a bankruptcy attorney to get the timing right. As mentioned above, filing for bankruptcy too early may leave you with a large amount of bills that occur after the bankruptcy, these will be your responsibility. Bankruptcy only covers bills that you have already incurred, not ones that crop up afterward. An attorney, and a treatment plan from your healthcare provider, can help you determine when to file for medical bankruptcy.
Below are a few ways that medical debt can harm finances and some tips on what debtors can do to limit the damage to their assets:
Nondischargeable Credit Card Debt
One of the first things some debtors do instead of filing bankruptcy is charge their medical debts to a credit card. Sometimes hospitals and individual doctors offer financial incentives for paying off a medical bill immediately, so instead of waiting debtors charge it to their credit card, even if they know they can’t pay it off. This can cause a problem once they file bankruptcy because once the creditor realizes that the debtor had no intentions of paying off the medical debt charge, they will request that the bankruptcy trustee make the debt nondischargeable.
This means that not only will the bankruptcy debtor remain stuck with a debt that would have otherwise been discharged in bankruptcy; they will pay extraordinarily high interest rates on it. To avoid this, debtors should forgo charging any medical debt to their credit card unless they know for sure that they can pay it off.
Ignoring Medical Debts
While it’s true that medical debts generally don’t end up on your credit report, if you ignore the debt it can end up on the desk of a third-party debt collector. This means that the medical debt which would have otherwise remained interest free might begin to incur penalties and other fees tacked on by the third-party debt collector. This process can make a medical debt balloon quickly into a much larger debt.
If a debtor knows that they cannot pay their medical debt, they should immediately contact the hospital and try to negotiate a settlement, or forbearance until their financial situation improves. If they know that their financial situation won’t improve in the near future, they need to speak with a bankruptcy attorney about their bankruptcy options. At least if they file bankruptcy earlier in the collections process, they can avoid causing the bills to inflate.
Using Debt Settlement Companies
While it’s completely acceptable to attempt to settle medical debt on your own, especially if you have no other debt issues, using a debt settlement company to do so might actually create more expense. Debt settlement companies promise to help debtors pay pennies on the dollar but they are often unable to deliver. Along with heavy fees charged to the debtor, debt settlement companies don’t have the power of a bankruptcy court to force a creditor to settle the debt. Debt settlement abuses have become so prevalent that some creditors are refusing to deal with debt settlement companies.
Can I File Bankruptcy for Just Medical Debt Only?
Many consumers find themselves drowning in medical debt and wonder can bankruptcy be filed for medicals bills without including other debt such as credit cards and other accounts. You can file bankruptcy for your medical bills but it is unlikely you’ll be able to file without including other debts.
While bankruptcy may allow you to wipe away debt or restructure it with a payment plan, the process also allows for creditors to be treated fairly. It’s one thing for you to choose who gets paid when you pay bills each month and you may feel some obligations more worthy than others, but in bankruptcy court it may not seem fair that you want to pick and choose certain debts and creditors when they are all entitled to receive payment.
Medical bills continue to be one of the main reasons why consumers seek bankruptcy protection. Anyone who has dealt with a long term illness, hospitalization, being underinsured or no medical coverage is aware of rising healthcare costs. Even a brief stay at the hospital has been known to create a financial burden on monthly living expenses. It is one thing to be overwhelmed in debt, but what if the debt is mostly medical related? Can bankruptcy be filed just to eliminate the medical debt ?
Filing Medical Bankruptcy
You can file bankruptcy and include your medical debt, but when you file you must include all outstanding debt you owe. Debtors have been under the impression that a so called “medical bankruptcy” can be filed to eliminate medical debt. This type of bankruptcy does not exist. Chapter 7 bankruptcy allows for eligible medical debt to be discharged. Chapter 13 bankruptcy is a repayment plan that can help pay down outstanding debt.
Upon filing for bankruptcy, all unsecured debt would be listed. This includes medical bills, back taxes, credit card debt, personal loans and etc. Since the debts previously mentioned fall under the same category they would be treated fairly by the court. Something else to consider when filing bankruptcy is which chapter to file. You may qualify to file one chapter over the other. If you are unable to make payments or don’t earn enough to pay on what is owed, Chapter 7 may be the best option. Chapter 13 allows you to repay debt under a structured payment plan within a certain time period. Discuss with a bankruptcy attorney about meeting necessary qualifications for filing.
The bankruptcy code is designed to treat debtors and creditors fairly. Most debts are classified as either unsecured or secured. This means if you have credit card debt , personal loans or other outstanding debt, you have to include them all in your filling since they are all treated the same. This can also be said for other debt obligations; if you have credit card debt you want to have eliminated, you can’t file with just the one or two accounts you want to have discharged.
What if You Intend to Incur More Medical Bills?
Discuss options with a bankruptcy attorney. Depending on your situation, you may be recommended to wait to file your case once medical treatment has been completed. Remember, when you file medical debt that exists at the time of your filing it is eligible for discharge. This includes medical debt incurred before you filed your petition.
Considering Bankruptcy Due to Medical Debt? We Can Help
If you would like to see if filing medical bankruptcy is right for you feel free to contact us today and set up a free consultation.
Reference:
http://www.bankruptcylawnetwork.com/bankruptcy-basics-what-is-a-medical-bankruptcy/
http://www.bankruptcylawnetwork.com/can-i-file-bankruptcy-just-on-medical-bills/
http://www.nolo.com/legal-encyclopedia/delay-your-bankruptcy-include-all-medical-bills.html
Delaying Bankruptcy For Medical Reasons
As we have often discussed on this blog, delaying an inevitable bankruptcy is rarely a good idea and can actually work against a debtor. But there are some circumstances that may warrant a delay in filing bankruptcy…pending medical expenses. If you’re a debtor considering bankruptcy, you may want to delay filing bankruptcy if you have scheduled medical procedures that will create more debt. In that case, you may want to wait until after you have the medical procedure to file bankruptcy. Even if you have health insurance, any medical procedure can create more debt such as co-pays, deductibles and unexpected/unplanned emergencies or complications.
For example, if you or your spouse is pregnant, many variables can cause the cost of medical care to skyrocket such as; a premature delivery, an emergency cesarean or other complications. That’s why it is best to wait until after you or your spouse delivers the baby to file for bankruptcy.
But it’s not just pregnancy that can create medical debt, other procedures i.e. dental work, elective surgery or even routine check-ups can deliver medical debt to your doorstep unexpectedly. That’s why it is best to wait until after you’ve had medical procedures to file bankruptcy.
What You Should Do When Medical Debt Strikes
You have health insurance; but it’s not adequate cover and now you have $100,000 in medical bills, what should you do?
Millions of Americas with and without health insurance have filed bankruptcy because of medical debt . More than 62 percent of U.S. bankruptcies were caused medical debt.
How to handle medical debt when it strikes:
- If you are uninsured and are hit with medical debt, one of the first things you should do is inform the medical provider that you are uninsured. Many medical providers offer discounts to uninsured patients because they know that many patients end up filing bankruptcy because they cannot afford the payments. To increase their chances of getting paid they may significantly reduce the medical bill.
- See if you qualify for Medicaid. Many low-income patients qualify for Medicaid which may pay for some or all of your medical expenses.
- Look at your finances. Are you unemployed and have no income? Do you have other debts that you are unable to pay? Will paying your medical debt jeopardize your financial stability? If so, you may want to speak with a bankruptcy attorney to discuss your bankruptcy options. Bankruptcy will not only give you an opportunity to discharge your medical debt, but you may also discharge credit card debt and other unsecured debt during bankruptcy.
One of the best preventive actions you can take when dealing with medical debt is avoiding it in the first place. While sometimes it is difficult to avoid medical debt, having adequate health insurance is the first step in the right direction. Work with your insurance broker to find a health insurance policy that will address your needs and that will provide enough coverage so that you don’t end up with massive medical debt when an illness strikes.
Tips to Help You Deal With Your Medical Debt
If you’ve got a mountain of medical bills staring you in the face you’re probably feeling a bit overwhelmed. The following medical debt tips should help you deal with your bills and get back on your feet in the fastest time possible with the least amount of trouble.
Keep Perspective
While carrying debt is no fun and can weight on your mind, remember that medical debt in and of itself does not negatively affect your credit, not until your account is sent to a collection agency or you’re sued.
Don’t Use Plastic
Because medical debt does not affect your credit you shouldn’t put any medical charges on your credit cards or accept a doctor sponsored credit program, these both are recorded on your credit report immediately.
Ask for a Payment Plan
Talk to your healthcare provider about your bills and your honest ability to pay. Many healthcare providers will give you a few different options, sometimes writing a portion of the bill off, sometimes giving you a reasonable timeframe and in some situations you’ll get both options.
Turn to Taxes
Medical debt is tax deductible so take advantage of this fact and claim it on your taxes, it will save you money in the long run.
Outside Sources
Whether you belong to a church group, a civic organization or even if you have a specific medical diagnosis, you may be able to get financial support from these groups to help you take care of your medical debts.
Bankruptcy
Medical bills are the most common reason why people in America today file for bankruptcy. If you feel that you’ve tried everything you possibly can to manage your medical debt on your own and you’re still overwhelmed, then bankruptcy may be the best solution for you.
Review Medical Bills
Check your medical bills thoroughly to make sure there were no errors in charges and other information. Any wrong information may affect the way your insurance pays.
Resubmit to Insurance
If your insurance denies all or part of your claim and you think they should cover the charges, resubmit them. If it’s questionable, as your healthcare provider’s office if you need a medical necessity letter.
Charity Help
If you have a serious illness then there is a chance that a charity organization is established for your disease, see if they can offer help or even advice to help you get through this difficult time and handle your medical bills.
If you have tried the above tips and have not found a solution then you may want to consider filing bankruptcy so your entire financial future isn’t jeopardized.
Medical Discount
Ask your healthcare provider’s medical billing office if they’d be willing to give you a discount. It doesn’t hurt to ask and you might be pleasantly surprised.
Compare Costs and Care
You instinctively don’t want to get the bargain basement price when it comes to your healthcare because many of us believe you get what you pay for, but remember the pricier option doesn’t necessarily mean its better care. Don’t just look at the cost of procedures but at the hospital’s complication and survival rates.
Outsource Your Tests
It is easy to go to your doctor and have your tests done there on the premises, but you’re probably paying for that convenience. You don’t have to have tests and x-rays performed at the same clinic or hospital your doctor is affiliated with so why not shop around. Free standing imaging centers do tend to be less expensive, so give them a shot.
Prescriptions
There are so many ways to save on prescriptions, everyone should be looking into ways to cut costs here. The first step is to talk to your doctor and your pharmacist. Your doctor knows what drugs will work for you, your pharmacist is tuned in to the costs of these drugs; go back and forth between the two of them if you have to. Also, look into generics, over the counter medications, discount programs, and even pharmaceutical sponsored programs.
Don’t let the healthcare industry dictate what you will pay for your medical bills and where you will get treatment, take charge of your life, your health and your finances.
Can Your Job Help Cut Medical Bills?
Believe it or not, if you’re worried about potential medical bills, you may want to change jobs. A decade or two ago health insurance was covered by employers and that was a given. The employee rarely had to pay anything toward their insurance coverage (and their family’s coverage as well) and if they did it was minimal. Boy, how times have changed. Now the health package that an employer provides its employees should be a major consideration when taking a new job. Imagine the difference a good, work-funded health insurance plan would make to an employee with serious medical problems versus a good paying job that didn’t offer any health benefits. In the long run the health insurance plan is much more valuable than the salary of the other job.
If you are employed and don’t plan on leaving your current position, then it might be time to talk to your company’s HR department to see if you’re taking full advantage of the health insurance benefits that may be offered at your job. Look into any cafeteria plans that let you set aside money, pre-tax, to be paid toward healthcare expenses throughout the year. Also there may be incentives to employees who sign up for wellness programs and even gym memberships. If you’re married to someone who also works, compare the two health insurance plans to see if switching from one to the other offers more coverage and additional incentives.
Finally, get proactive with your company. Start pushing for small bonuses the company can to do incentivise the employees to be healthy. Try organizing a fitness competition. Check to see if you can arrange a vaccine day at your place of employment. Push for a smoke free work environment.
Whatever you do, don’t overlook your job as a place to start cutting medical bills and to begin a healthy outlook.
Using Bankruptcy to Stop Medical Debt Collections
Medical debt continues to be one of the top reasons why bankruptcy is filed. Yet, many debtors are unaware of how the filing process can help stop medical debt collections. Whether you’re facing a pending lawsuit for an outstanding balance, having wages or funds garnished from your account, need legal assistance in making affordable payments, or you just don’t have the funds to make regular payments, bankruptcy may provide the solution you need to stop collection attempts . If you qualify, you may be able to get your debt discharged or have a court-approved payment plan established to regain financial control.
So how can bankruptcy help deal with constant collection attempts from creditors for medical debt? When you file, the automatic stay goes into effect which helps stop collection attempts while providing property protection. This means creditors cannot continue to pursue you for payment, garnish wages or take funds from bank accounts. Chapter 7 bankruptcy and Chapter 13 bankruptcy both have automatic stay protection. The next step in your filing will depend on which chapter you file.
Chapter 7 bankruptcy can eliminate outstanding medical debt including related lawsuits. This chapter is often filed by debtors who have little or no assets. If you qualify you can have medical debt wiped out and discharged. This means you are no longer legally responsible for the debt and creditors will be notified of this ruling.
Chapter 13 bankruptcy restructures outstanding debt into an affordable repayment plan that can last anywhere from 3 to 5 years. If you qualify for this chapter you may be required to pay a portion of the medical debt, and then have the remaining amount discharged or eliminated at the end of the plan. As long you make payments the automatic stay will remain in effect until the case is completed.
Reference: http://www.nolo.com/legal-encyclopedia/will-bankruptcy-stop-medical-debt-collections.html
How to Set Up Your Own Medical Debt Settlement
It doesn’t take much for medical bills to become overwhelming and to cause financial strain on an individual. When the medical situation gets a little more intense the bills quickly skyrocket and many Americans then opt for bankruptcy as the only way to get away from that debt. There are few options when dealing with medical debt, you either file for bankruptcy and watch your debts fade away or you find a way to pay your medical debts and avoid bankruptcy.
Of the many ways to manage your medical debt and make it more affordable one very popular way to do that is through a medical debt settlement. This is a case where your healthcare provider agrees to accept partial payment rather than the full amount and then you determine what the payment plan will be.
Healthcare professionals seem to come out on the losing end of this deal as they often agree to writing off a chunk of the balance and in return they either get the amount they’re owed at a much lower rate or they accept a lump sum at a largely reduced rate. And even through it seems like healthcare providers aren’t getting a good deal, they are in a way. If you were to file bankruptcy they would receive nothing, and if those are your two choices, they’d rather get some portion of that money than none of it at all.
You can contact a medical debt settlement company to help you iron out the details, but there are some companies that offer this that are less than reliable. If you are organized and willing to speak to your healthcare provider you can set up your own medical debt settlement and get you back to peace of mind.
I Filed Bankruptcy A Few Years Ago Now I’m Drowning In Medical Debt…Help!
Falling back into debt after bankruptcy is horrible but it is not the end of the world. Post-bankruptcy debtors fall back into debt for many reasons; but one of the most common reasons is because they have medical bills they simply cannot afford to pay.
Tips for post-bankruptcy debtor if they have accumulated medical debt:
- Find out the true extent of your medical debt and check and see if you qualify to file bankruptcy again. Please note: You are not eligible to file Chapter 7 bankruptcy again until eight years after the date of filing for a previous Chapter 7 bankruptcy, or six years from the filing of a previous Chapter 13 bankruptcy . And you are not eligible to file Chapter 13 bankruptcy again until four years after filing a previous Chapter 7 bankruptcy, or two years after a previous Chapter 13 bankruptcy. If, according to the above rules you are not eligible to file bankruptcy again then you will need to work something out with your medical provider, ignoring the bills is not a viable option if you want to keep your fresh start intact.
- After you have gathered all of you bills, come up with a budget that could resolve your medical debt issue in less than a year. Can you pay few hundred dollars on the medical debt per month for the next 12 months? You would be amazed at how many medical providers are willing to work with debtors who want to work out payment plans or even settle the medical debt for less than the original amount. Luckily medical debt does not accumulate interest unless and until it goes to a bill collector.
- Don’t allow your debt to go to a bill collector. Even if you are unable to pay anything on your medical debt, contact your medical provider and let them know why you are unable to pay the medical debt. While they may not forgive the debt, they may lay off on trying to collect from you if they know you have no means (as in no income) to repay them.
Fight Medical Debt by Cutting Medical Costs
It is estimated that one in five Americans struggled with medical debt in 2011, a staggering thought when you consider you might be one illness away from mounting medical debt yourself. There are a number of different ways to handle medical debt and one of the best is before you even incur the debt. Health care is expensive, even for people who have health insurance so to avoid those expenses there are some things you can do to stay healthy and fight medical debt.
- Quit smoking – if you’re a smoker stopping can be one of the best things you do for yourself.
- Everything in moderation – Don’t deprive yourself of a treat you love and don’t overdo it on the exercise, take life in moderation and your body will thank you.
- Routine care – Make sure to visit your doctors as recommended for routine care, a small appointment now can save thousands if not more in more drastic care later.
- Shop around – No one said you had to keep using the same doctor for everything, if you find a better deal on something then switch doctors.
- Eat smart – You don’t need to be a dietician or know a lot about nutrition to get the basics down, less junk food and more fruits and veggies and you’ll be healthier.
- Exercise – Exercise doesn’t have to mean going to the gym and sweating, it could be something as simple as a walk after dinner every night, but get moving for better health.
The benefits of taking care of yourself and your health will not only pay out in the long run by helping you avoid costly medical bills, but they’ll make your life more enjoyable in a number of different ways.
How To Deal With The Financial Fallout Of A Medical Emergency
Medical emergencies don’t just cause us physical pain, they can also add to the emotional and financial stress of an already overburdened debtor. So what can a debtor do to minimize the financial fallout of a medical emergency?
- The first step to dealing with a medical emergency is to assess the financial damage. How much are the medical bills? Are you able to continue work? Maybe you need to cut back on your hours or you will need to leave your job completely. Whatever the case, you need to figure how this medical emergency has impacted your income in the short-term and the long-term.
- Communicate, communicate and communicate! Staying in touch with your creditors is important to minimizing the impact of a medical emergency. Contact your creditors and find out if they are able to defer payments while you are recovering from your medical emergency. Many creditors are willing to defer payments for about 90 days; but this type of deferment will only be useful if you know that you will be able to pay your bills after the deferment has lapsed. If your medical emergency will have long-term negative impacts on your income, then you may want to seriously consider filing bankruptcy. Bankruptcy will allow you to discharge most if not all of your unsecured debt and give you an opportunity to get a fresh new start.
- Take care of the essentials first. Even if you eventually file bankruptcy, you will still need to pay for your secured debts unless you plan to surrender your property in bankruptcy. If you have the income, redirect your money to your mortgage/rent and car note payments.
- If your medical emergency has created a created a large amount of medical debt, you may be able to get some of that debt reduced by talking to the hospital’s billing department if you’re uninsured. If however, you are unable to pay your medical debt, you may be able to discharge it in Chapter 7 bankruptcy or even repay part or all of it in a Chapter 13 bankruptcy repayment plan.
Call for a free bankruptcy consultation today
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How to Rebuild Credit After Bankruptcy
Many people avoid bankruptcy because they have heard the stories of how bankruptcy stays on your credit report for 7-10 years. They believe that this will ruin any chances of ever having a good credit score. Untrue. In fact when you file bankruptcy and receive your immediate debt relief you begin to rebuild your credit. There are more factors involved in your FICO or credit score than just bankruptcy or repossession . The amount of debt you have plays a huge role in the scoring. When you file bankruptcy you have discharged that debt and are able to start the very next day towards rebuilding your credit.
With responsible credit practices you will have rebuilt your credit profile within a year or two. Paying your mortgage on time, paying your auto loans on time, and even getting a secured credit card wherein the payments are made, again, on time all work to improve your credit score. So don’t avoid debt relief measures like bankruptcy just because you are worried about what it will do to your credit score. Your credit score is already low because of your debt to income ratio and missed payments. When you file bankruptcy the debt is discharged and you have a fresh history of payments ahead of you that you can make on time, proving yourself to be a worthwhile risk for future credit.
Bankruptcy isn’t the stigma it used to be-especially in this economy. It also was a right provided to us by our Founding Fathers. People sometime forget that most of our first presidents ended their lives heavily in debt. Good people fall on hard times. Even the best of us.
Ah. Do you feel that weight lifted off your shoulders? You have successfully filed bankruptcy, and in doing so, you have made your first step toward repairing you credit. It feels liberating to not have creditors calling you on a nightly basis with sometimes-hostile demands that you make payments you can’t possibly afford. Instead of demand letters, you are receiving credit applications. What a difference!
Beware, though. Life after bankruptcy is filled with many temptations to rush to high credit lines and to work with so-called credit-repair companies. After bankruptcy, you are better off continuing to live meagerly and rebuild your credit yourself, slowly.
You are likely receiving credit card offers like you did when you turned 18. Your best option is to select a credit card with the lowest fees and interest you can acquire and use it specifically for occasions where you must use a credit card, like renting a car or using a hotel room. Do not use the card to purchase necessities and for frivolous spending. You will begin living out of your means again and perpetuate the habits that led to bankruptcy. Also, be sure to pay more than the minimum due each month, or you may find yourself in bad shape again really fast.
Another challenge freshly bankrupt individuals face is determining how to rebuild credit. Be cautious about working with credit repair companies. Everything they claim to do for you, you can do on your own (and would likely benefit from doing the legwork). Frequently the companies try to loan you money or claim to be able to remove legitimate items from your credit report. Worse still, some companies will suggest you fudge your social security number on credit applications. Not only are they not doing you any favors, they may put you in a worse position if you follow their “advice” to secure credit fraudulently.
The best thing you can do for yourself once you have started rebuilding your credit is to obtain your credit reports from Experian, TransUnion and Equifax, and check that your debts listed on the bankruptcy have zero balances. Anything that does not appear to be in order should be brought to your attorney’s attention immediately so they can see that creditors and the reporting agencies act in compliance with the court’s order.
Furthermore, you will want to review your credit reports frequently to make sure that your new, good behavior is duly noted. Check for mistakes on the reports and dispute them through the appropriate channels. Take advantage of this opportunity to start over by developing the good habit of reviewing your credit and limiting your spending.
To rebuild credit after bankruptcy, you need to have a plan. That plan has to be better than the one that landed you into bankruptcy in the first place. Sure, it’s a huge relief to have all that debt off your shoulders, but the bankruptcy will be on your record for the next 10 years for those who filed for Chapter 7.
On the other hand, the older the bankruptcy is, the lower the impact it will have on credit offers. In other words, potential creditors will consider the most recent activity the most important information. To rebuild credit after bankruptcy, you must regain the trust of creditors.
If your debt has spiraled out of control, a fresh start may be exactly what you need. Call the bankruptcy attorneys at Allmand Law Firm, PLLC at (214) 740-3682 and we can start discussing your situation.
How Does Bankruptcy Affect my Credit Score?
The purpose of your credit score is to show lenders how much risk they would undertake if they were to loan you money. High credit scores indicate that your debts are paid regularly and on time. Lower scores are a sign
that debts are not paid on a regular basis. Naturally, then, it makes sense that bankruptcy would cause your credit score to drop, but this is only temporary. Consider the following tips to begin rebuilding your score.
You Can Begin Restoring Your Credit Right Away
Start rebuilding your credit right after your bankruptcy is discharged. Many debtors feel that they never want a credit card or any type of debt after they file bankruptcy. While that sentiment is understandable, it is counterproductive to rebuilding credit because in order for a bankruptcy debtor to improve their credit score they must apply for credit. The longer you delay this process the longer it will take to rebuild your credit score and history.
Contrary to popular belief, your credit isn’t “ruined” because you filed for bankruptcy. On the other hand, it isn’t in a very good place either. It has to be rebuilt from scratch.
Before we get into that, however, let’s take a look at why you might be an attractive prospect to potential lenders.
Firstly, if you’ve filed for Chapter 7, it will be another 8 years before you’re allowed to file again. Secondly, a lender likes to see that you can pay for your basic needs, handle the potential debt you will be incurring, and still have money left over. After your Chapter 7 was granted, you had all or most of your debt cleared. So basically, you’re not as much of a risk to a creditor as you probably think.
It’s not as hard as you probably think to rebuild credit after bankruptcy.
The first thing you should do is obtain a copy of your credit score from one of the three major credit reporting agencies: Experian, Equifax, or TransUnion. Review it carefully and check for any errors. If there are errors, such as a debt that should have been discharged by your bankruptcy, contact the credit agency and work to resolve them.
The rest relies on getting back to basics. Do not be tempted to spend more than you are able to afford. Pay your bills on time and in full, including debts that were not discharged by bankruptcy (like student loan payments,
for example.)
One of the biggest mistakes that people can make after bankruptcy, although understandable, is to avoid credit altogether. While it may seem like the better idea to steer clear of any new debts, this will not help you
rebuild your credit. Rather than avoiding it, find ways to use credit responsibly and in small measure. One way you can do this is to take advantage of a secured credit card that reports to one of the three credit agencies
and make regular, on time payments. Pay off the entire balance each month to avoid having to pay interest and to show lenders that you are not a risk. After a couple of years, this alone could result in a dramatic improvement
to your credit score.
Other methods for improving your credit score include opening up a new bank account or applying for a gas card. If you drive a car, gas is a necessity, so it pays to rebuild your credit through this kind of regular purchase. Signing up for automatic bill pay is another great way to rebuild credit because it will ensure that your bills are always paid on time.
It is important to stay patient during this process and to keep up with good financial habits. Make it a point to stay on top of your credit score, checking it as often as once a month. With all of your efforts, you should start seeing that number increase little by little.
Bankruptcy is not a financial death sentence. Rather, it is an effective way for over one million Americans annually to reboot their financial health. When you take the appropriate steps to fix your credit, you can enjoy financial freedom once again.
Developing a Sound Credit Strategy
Rebuilding credit isn’t hard, but it isn’t like building credit either. You’re not a risk to creditors because they don’t know anything about you. You’re a risk to creditors because you didn’t pay back the money you owed. Now, you just need a workable strategy on which to operate.
The first thing you want to do is check out your credit score. If there are claims against you that you think are false, then you can dispute those. More likely than not, those claims will still be valid. Just because Chapter 7 wipes out your debt doesn’t mean that it will cleanse your credit report as well. It’s just the opposite.
Secured Loans and Secured Credit Cards
Now starts the process of rebuilding your credit. You will find to find a bank or a creditor that is willing to deal with you despite the fact that you’re coming out of bankruptcy. To rebuild credit after bankruptcy you must establish a history of repaying loans.
One way to do this is by applying for a secured loan.
What is a secured loan? There are two different kinds. The first type allows you to borrow money against money you already have deposited. Usually, this type of loan is offered by banks or credit unions. That money will be inaccessible until you’ve paid off the loan.
The second type involves the release of a loan into a savings account that you cannot access until you’ve made a set amount of payments.
In other words, you’re “borrowing” money that you already have. In exchange, the bank agrees to send this information to credit bureaus. This new information will appear on your credit report.
Secured cards work much the same way where you borrow against money you have on deposit.
Co-Signed Credit Card or Loan
Apply for a variety of credit; credit cards, personal loans, mortgages and car loans will all help to improve your credit score and history after bankruptcy.
If you know someone who is willing to incur the risk, then having them cosign on a card or a loan is a viable way to rebuild credit after bankruptcy. Understand, however, this is a huge favor to ask. They are incurring the risk if you default.
Make sure you pay all of your debts on-time after bankruptcy. Late payments can do serious damage to your credit score and destroy all the hard work that went into rebuilding your post-bankruptcy credit. Make sure that any credit companies you do business with report to the major credit reporting bureaus. After obtaining a secured credit card and paying faithfully for a few months, apply for a secured line of credit. This can usually be obtained at stores for home goods, electronics, and other items. That way your on-time payments and the amount of credit you have been granted will be reported on your credit history. Do not abuse your credit lines after bankruptcy. One of the most common things debtors do after bankruptcy is go out and gouge themselves on credit/debt again. It is very important that debtors control their urge to over use credit cards and other debt instruments after they emerge from bankruptcy.
After filing bankruptcy, keep a budget and make an effort to pay ALL of your bills (ie rent, utilities etc.) on time.
Be prepared for financial emergencies. One of the biggest reasons that debtors end up in debt is that they do not have enough cash on hand to deal with an emergency that requires an influx of cash. After your bankruptcy discharge, make sure that you create an emergency savings stash equal to at least 3 months worth of expenses. This will come in handy for unexpected emergencies.Get insured. Medical bills and lawsuits related to car accidents can wipe out even an otherwise financially healthy debtor. By carrying adequate insurance post-bankruptcy debtors can avoid medical debt and accident related lawsuits.
Rebuild Credit After Bankruptcy: Final Steps
Eventually, an offer of credit will be extended to you. A credit card, for instance, with a $500 limit. Use this card, but pay it back on a monthly basis! Make sure your balance does not go over 30% of your limit and you will be well on your way to rebuilding your credit after bankruptcy.
Why Having A Co-Signer Is Not The Best Way To Rebuild Credit
Millions of Americans negatively impacted by job losses and battered credit ratings are looking for “easy” ways to rebuild their credit worthiness. One of the most recommended ways to rebuild credit worthiness is for a debtor to have a trusted (and credit worthy) family member or friend add them to their credit card. Credit “gurus” often suggest this method because by adding the debtor to someone’s credit card who has good credit the credit standing of the troubled debtor improves because of the good standing of the friend or family member. However, while in a perfect world this may work, there are some inherent risks for the debtor adding their name to the credit card of a friend or family member, even if that person has perfect credit.
- Any transactions on the credit card are the responsibility of both people whose name is on the credit card. What this means is that if that even if a trusted friend or family member charges up thousands of dollars worth of transactions on the credit card both parties are responsible for paying it back. The credit card company will not make a distinction between who charged what.
- If the primary credit card account holder defaults, the credit card company will come after the other person on the credit card account. For example, if your trustworthy friend or family member losses their job and is unable to repay the credit card, you will then become liable for the entire credit card balance. The credit card company will have a legal right to pursue payment from the secondary cardholder.
Before a debtor decides to add their name to someone else’s credit card, they need to make sure that they are willing to pay that person’s credit card debt in the case that something goes wrong and that person is unable to repay their debt.
The post Rebuilding Credit After Bankruptcy appeared first on Allmand Law.
Considering filing for Chapter 7 or Chapter 13 bankruptcy in Texas? You may have several questions about how the process works and how it will affect your financial future. Many people assume that filing for bankruptcy will cost them everything they own, but there are in fact several protections available to help filers keep more of their property or pay less to unsecured creditors. These protections are contained within Texas exemption laws.
What is a Bankruptcy Exemption?
When an individual files for bankruptcy, everything they own as well as anything to which they are entitled becomes part of an estate. A trustee can sell all estate property to repay creditors in a Chapter 7 case; in a Chapter 13 case, a filer would be obligated to pay into their plan at least what their creditors would have received in a Chapter 7 filing. Thankfully, there are some state bankruptcy exemptions when it comes to taking property out of an estate (these are separate from the list of federal exemptions). If a married couple files for bankruptcy jointly, they can even double their exemption amount for jointly-owned property.
Texas offers the following exemptions:
- Homestead exemption: Residences on 100 acres or less in the country or 10 acres or less in a city are exempt. If the house is sold, the proceeds are exempt for six months after the sale.
- Personal property exemptions: Up to $100,000 worth of property ($50,000 if a single adult without a family) can be exempt. Items that can be exempt include sporting equipment, up to two firearms, family heirlooms, home furnishings, animals, clothing and food, burial plots, health aids, health savings accounts, and jewelry (limited to one-quarter of the exemption).
- Motor vehicle exemption: A filer can exempt the entire value of one vehicle per licensed member of their household.
- Retirement account/Pension exemption: The majority of tax-exempt retirement accounts and pensions will be exempt in bankruptcy.
Experience, Reputation, Dedication: Top Quality Legal Counsel in Dallas/Fort Worth & Northern Texas
Have further questions about which bankruptcy exemptions you may be able to claim? Consult with a Dallas bankruptcy attorney at Allmand Law Firm, PLLC today! Attorney Reed Allmand, who is certified in Consumer Bankruptcy by the Texas Board of Legal Specialization, takes pride in helping good people obtain the fresh financial start they need to enjoy a better future. As one of the largest bankruptcy filing firms in the state of Texas and
with thousands of happy clients, you can feel confident entrusting your case to our care.
Bankruptcy Exemptions: Understanding Their Role before You File
If you wonder how people are able to keep their assets when they go through bankruptcy, it is because they used exemptions provided through the bankruptcy code. Just because you are unable to pay your creditors doesn’t mean you should be penalized by having all of your possessions being taken away from you.
People think this is the case, but understanding this in deeper detail before you file can help you get maximum protection for your assets. There are a few things about exemptions you should review with a bankruptcy expert to ensure you get the protection you need.
- There are two main types of exemptions including federal and state level.
- Exemptions provide protection for various types of assets such a house, vehicle, jewelry, and bank accounts. Exemptions offer different protection levels based on a specific amount. Such protection levels are known to vary from state to state, but you can learn what they are by reviewing your situation with an attorney. This is an important factor for debtors who may have or are considering moving from another state prior to their filing.
- Filing for protection allows you to keep assets you want as long as you provide complete and accurate details in regards to your property when you file.
- Leaving out information when you file may not allow you to get the protection you need or you run the risk of not getting debt discharged. If you hide details about an asset, you won’t be able to have it legally protected,
and it could be seized by the trustee. Disclose debts and assets honestly.
Reference:
http://www.bankruptcylawnetwork.com/bankruptcy-exemptions-basics/
What You May Not Know about Bankruptcy Exemptions
Bankruptcy exemptions play a big role during bankruptcy proceedings and they have different effects on each chapter filed. In short, they help you protect property and assets, while helping to keep repayment plan payments affordable. Each state has exemptions at different levels and they are available at the federal level to provide additional protection.
If you want to know how you are able to keep possessions such as your house, vehicle, jewelry, bank accounts, retirement funds, and other assets, consider the following points on how exemptions help protect such items from creditors.
- Some state exemptions may provide protection up to a certain amount. A federal exemption may be able to provide full protection or help protect something that was not fully covered at the state level (also referred
to as a wildcard exemption). - Some states may not have federal exemptions available to them, but instead have what is called federal non-bankruptcy exemptions. It’s an option available outside of the bankruptcy code that can help protect assets
for those in unique situations. - There are specific exemptions available by the state to help protect assets such as your home and vehicle. For instance, equity in your home may be protected using the homestead exemption. Your vehicle may be protected using the motor vehicle exemption.
- Most often you have to use one set of exemptions either at the federal level or the state level. You may have the option to choose but qualifications may depend on how long you have been a resident of the state.
- Exemptions help determine if your property can be exempt from creditors. In Chapter 7 bankruptcy, if property is considered exempt it cannot be used to satisfy creditors. In Chapter 13 bankruptcy exemptions may help determine how much you pay to creditors, but they help keep payments low.
Reference:
http://www.nolo.com/legal-encyclopedia/bankruptcy-exemptions-faq.html
http://www.nolo.com/legal-encyclopedia/bankruptcy-exemptions-overview.html
State Specific Bankruptcy Issues, Property Exemptions, Unemployment
Consumers still covered with high unemployment stats can protect property
The latest Gross Domestic Product report indicates that the recession will end this spring, and at the latest by the end of the year. Some analysts are evening predicting some growth in the last quarter of this year. The not-so-silver lining though is that job growth will still continue to lag behind. Many corporate executives are still receiving substantial compensation are likely to weather the end of the recession. The obvious concern then is how do you survive till the end of this financial storm without executive bonuses. Many people are tempted to use a slash and burn method of selling everything they own to cover what they can. Sacrifice is admirable, but it may not be necessary. Before you jeopardize everything, talk to a qualified bankruptcy attorney about property exemptions and how they apply to your situation. A property exemption allows you to remove certain property from the bankruptcy process and out of the reach of creditors. It is important when talking to a bankruptcy attorney that you make a complete list of everything that you own, and everything that you might own. You’re probably wondering about the phrase “might own.” Many people think solely about what they use and consider their property. If you’re married, you might consider your wife’s car hers and your car yours. However, in Texas, if both cars were purchased during your marriage, they are both probably considered community property and you both own them, (even if your spouse strong objects to the classification). The result will be similar in other community property states. If you’re not sure about your ownership status, err on the side of caution and review all items with your bankruptcy attorney. He can guide you through what is considered joint and separate property. From there, you can begin reviewing your options on how to protect property through bankruptcy. Items that can be protected through property exemptions include automobiles, homesteads, and household goods up to certain limits for your situation. What is finally eligible for exemption will turn on the bankruptcy rules of the state of your permanent residence. Even if you live in Texas now, you may be subject to the exemption rules of another jurisdiction if you only recently relocated. Even though the rules regarding exemptions seem a little confusing, keep in mind that a qualified bankruptcy attorney can guide you through them. Just because major corporations are sacrificing jobs to become more profitable doesn’t mean that you have to sacrifice everything you’ve worked for to survive. Options are available through a qualified bankruptcy attorney in your area.
Fraud Conviction Nullifies Debtor’s Bankruptcy Exemptions
In the recent Chapter 7 bankruptcy case of a Texas debtor, creditors in the case successfully objected to the debtor’s bankruptcy exemptions due to a felony conviction.
Debtor has been convicted of felonies (as defined in 18 U.S.C. § 3156) in United States of American v. Clovis Prince, Case No. 4:09-CR-161, in the United States District Court for the Eastern District of Texas. In particular, on December 9, 2010, a jury found Debtor guilty of (1) bank fraud in connection with loans that Debtor or his companies obtained from various banks, including American Bank; (2) engaging in monetary transactions in property derived from unlawful activity; (3) making false declarations under oath in a proceeding in his bankruptcy; (4) making false declarations in the statement of financial affairs and bankruptcy schedules submitted in his bankruptcy and in the bankruptcies for companies he owns and controls; and (5) making false declarations in his Rule 2004 examination taken in his bankruptcy (the “Guilty Verdict”).
Because of the fraud conviction and false statements made during the bankruptcy case, the bankruptcy debtor was denied the right to fully use their Texas homestead exemption.
Section 522(q)(1)(A) of the Bankruptcy Code limits a debtor’s homestead exemption limit where “the debtor has been convicted of a felony … which under the circumstances, demonstrates that the filing of the case was an abuse of the provisions of this title.” Here, the Guilty Verdict demonstrates that the filing of Debtor’s bankruptcy was an abuse of the provisions of Title 11 of the Bankruptcy Code. Accordingly, in this case, § 522(q)(1)(A) of the Bankruptcy Code limits the amount of Debtor’s homestead exemption for the Covington Court Property to $146,450.00.
If the debtor’s homestead exemption exceeds the amount allowed, the bankruptcy trustee will have the right to sell off the property and distribute to creditors any funds above the exemption amount stated above. Under normal circumstances, a Texas debtor would have a virtually unlimited homestead exemption amount allowing them to protect all the equity in their primary residence. But because of the debtor’s dishonesty in the bankruptcy case and their fraudulent dealings in terms of getting bank loans, that homestead exemption was limited by the bankruptcy court.
It’s also important to note that other assets such as clothing and household goods became exposed to creditor seizure due to the bankruptcy debtor’s untruthful statements. Normally, Chapter 7 bankruptcy debtors don’t need to worry about losing ordinary household goods because of generous bankruptcy exemptions and the general lack of value that such goods have; but this case was an exception due to the debtor’s illegal behavior. In the end, engaging in unlawful activity, before or during bankruptcy does not pay off for the debtor and exposes them to losing more assets than they normally would lose.
Speak to a bankruptcy attorney today
Learn more about how we can assist with your Chapter 7 or Chapter 13 bankruptcy by calling (214) 884-4020. Consultations are available free of charge!
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Wells Fargo Defrauds Customers, AGAIN, Agrees to Pay $385 Million
6/2019 – Wells Fargo & Co. agreed to pay at least $385 million to customers who say they were signed up for auto insurance without their knowledge or consent when they took out a car loan.
This is an attempt to settle a California lawsuit alleging it signed up thousands of auto loan customers for costly car insurance without their consent. In the car insurance litigation, Wells Fargo was accused of bilking millions of dollars from “unsuspecting customers who were forced to pay for auto insurance they did not need or want,’’ pushing almost 250,000 of them into delinquency and resulting in almost 25,000 vehicle repossessions, according to the lawsuit filed in 2017.
In 2017 charged customers $80 million in unnecessary insurance charges
Wells Fargo said that it will be sending checks to affected customers. The 2017 class-action lawsuit alleged that for more than a decade, Wells Fargo tacked on insurance to customers’ car loans that they didn’t need because they had private insurance. Some 25,000 car owners couldn’t meet the additional fees and had their vehicles repossessed. The bank acknowledged in 2017 that $80 million in unnecessary insurance charges had been added to 800,000 auto loans.
MUSINGS FROM DIANE:
I have to ask – how many of you believe the bank’s excuses? Wells Fargo says it will spend more than $2.7 BILLION to resolve legal matters, but that number is rising with each disclosure of fraud. Only time will tell how much the Wells Fargo shareholders will payout, but I doubt the real culprits will ever see the inside of a jail cell. Personally, I think Wells Fargo believes no regulator can reach them and that it can bully anyone – consumer and politician. It has gotten away with this type of behavior for so many decades that it was certain no one could touch them. I support Senator Elizabeth Warren’s attempt to make Wells Fargo accountable for their outrageous actions. Enough is enough. I moved all our accounts, both personal and business, out of Wells Fargo.
The post Wells Fargo Agrees to Pay $385 Million for Fraud appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Updated daily, this blog will keep you informed on the latest bankruptcy news! 
Learn more about how Bankruptcy works and what you need to know.