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7 years 2 months ago

It may not be a well-know fact, but the truth is a lot of financially-responsible people are turned down for loans because they have NO history of recent borrowing. None.
This may be because the person saves up and pays for purchases without financing, or because they have not bothered to start building a new credit history by borrowing (and showing on-time payments) after a major financial event such as a bankruptcy or foreclosure.
After a bankruptcy discharge, a debtor needs to make sure that, after his or her case closes, there is a new credit history being reported with either new lines of credit that are opened, or old lines that were maintained and still being used.
Many of these individuals are credit-worthy but the current credit reporting and scoring system is not set up to evaluate this.
To get at this problem, Fair Issac Corp, also known by the acronym “FICO,” announced this week it is launching a pilot program to provide credit scores using alternative data including payment history on utility bills, cable bills and cellphone bills as well as other information in the public record such as the number of addresses the person has had in the recent past (an indicator of stability).
Right now some 53 million Americans don’t have FICO scores. Under the new system, it is estimated some 15 million will now be scorable for credit application purposes.
The program is not without it’s critics. Some consumer advocates are afraid that the new system will add more sources of possible negative information which could be problematic for consumers living in extreme climates where utility bills can sometimes spike causing the customer to fall behind on a payment.
And of course the new program is being encouraged by lenders to open up credit markets for more people.


10 years 5 months ago

So many people have fallen behind with outstanding parking tickets. It doesn’t take very many parking tickets in the city of Chicago to find yourself on the boot list. You might even have dozens of tickets and know that you’re on the boot list, however, you do not take affirmative action to help yourself. What+ Read More
The post Why Wait To Get Your Car Back In Bankruptcy? appeared first on David M. Siegel.


10 years 5 months ago

When you fall behind on your federal student loan repayment, it feels as if there’s no good news. Collectors call day and night, and the threat of wage garnishment looms large.
Each month, the payment amount due soars. Finally, you throw up your hands and figure there’s no sense in fighting the federal student loan monster.
Once you’re past due 270 days, your federal student loan slips into default. And with that, the government ramps up collection efforts.
The IRS sends your tax refund to the US Department of Education. Your employer withholds part of your income and sends it to the student loan people too.
Then you find out about rehabilitation, and how it can fix the default on your federal student loans. You feel the weight lift from your shoulders as you realize there’s hope for your student loan troubles.
But you get only one shot at rehabilitation, so make sure your don’t screw it up.
Make one mistake and you’ll find that your federal student loans fall back into default. Here are some tips to help make your rehabilitation a successful one.
Enter Into a Verbal Rehabilitation Agreement
When you decide to rehabilitate your federal student loans, the debt collector will likely try to get you to agree to it over the phone.
That’s a huge mistake because if there’s a disagreement later, you’ve got the old, “he said, she said,” problem.
The US Department of Education has a written application used by all the student loan collectors. Use it to make sure you keep the lines of communication clear between you and the debt collector.
Make Mistakes on Your Written Application
The rehabilitation application is just a few pages long, and it seems pretty simple. You may think you can breeze through it.
That wouldn’t be a good idea.
The application determines how much money you’ll pay each month for your rehabilitation. Make a careless mistake and you could find yourself with a failed rehabilitation.
Accept The Payment Amount Without A Fight
By law, your monthly rehabilitation payment has to be set at a reasonable and affordable amount. That’s usually the same as the amount you’d pay under one of the federal income dependent repayment plans, but not always.
For example, if you’ve recently experienced a change in your income or expenses you need to let the collector know.
Use the application as a starting point, but don’t accept the payment amount if you can’t afford it.
Fail To Review The Collection Costs In Advance
Federal regulations allow collection agencies to add their collection costs to the loan amount. But the regulations don’t force the collector to add them.
In fact, you may have some leverage when it comes to negotiating collection costs on your federal student loans.
When you rehabilitate your loans it counts towards the collector’s performance ratings. It also means the collector has one less person to call for money each month.
If you negotiate with the collector before your rehabilitation, you may get them to lower the collection costs.
Keep Incomplete Records
Under federal guidelines you need to make 9 monthly payments under your rehabilitation agreement. If you do then your loan comes out of default and the government brings it back into good standing.
If you miss a payment or make a late payment then the money will be gone but your loan will still be in default.
The collection agency can also make a mistake by not crediting your account the right way. If that happens, you won’t get the benefit of the doubt – your loan will sink back into default and the money you’ve spent will be gone.
The simple fix is for you to keep copies of your cancelled checks or bank statements showing the payments. If there’s ever any doubt about your payments, you can breathe easy because you’ve got the paper trail.
Make Fewer Payments Than Required
Under the federal student loan rehabilitation guidelines, you must make 9 monthly agreed-upon payments.
You’ve got to make those payments on time.
If you don’t follow the rules then your loans will remain in default. Your rehabilitation will fail, and that’s a shame.
Make all your payments on time. Period.
Ignore Your Credit Report
One of the major benefits of rehabilitation is the fact that your credit report will get cleaned up. The government will remove the default, and it will be as if you were never past due.
But mistakes happen, and it would be terrible to find out about it after a creditor denies you a mortgage or a car loan because of the default.
Take the time to pull your credit reports every six month to make sure that there are no errors. And if you find an error, don’t panic – just use the process to have it investigated and fixed.
Elect Standard Repayment After Rehabilitation
The Department of Education will transfer your loan to a new servicer when you finish your rehabilitation. When that happens, you’ll have the option to choose a repayment option.
If you choose not to select a repayment option then the servicer will place you into the standard 10-year plan.
You should look into the other options, including income dependent plans, that may save you money each month. Those programs may also set you up for a discharge of your unpaid balance after a period of time.
If you’re lazy and go with the standard repayment plan then you’ll end up costing yourself more money each month.
Miss Payments After Rehabilitation
You get one shot at rehabilitation during the life of the loan.
If you miss payments after your rehabilitation then you may go back into default.
Your only option for getting out of default a second time is consolidation under the Direct Loan Program. If you’ve already consolidated, that’s off the table as well.
If you go into default a second time then you’re at increased risk of wage garnishment, tax refund offset, and more.
If you think you’re going to miss a payment on your federal student loans then you need to look into your options fast. But if you do the hard work, you won’t have to worry about that ever again.
The post 9 Ways to Screw Up Your Federal Student Loan Rehabilitation appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.


10 years 5 months ago

I have been practicing bankruptcy law since 1991. I have seen a drastic difference in the way that student loans are handled in bankruptcy cases. Prior to 1998, a student loan was potentially dischargeable if it had been in repayment status for more than seven years. This basically meant that an old student loan debt+ Read More
The post Remembering Back When Student Loans Were Dischargeable appeared first on David M. Siegel.


10 years 4 months ago

Walworth County Real Estate Attorney, Shannon Wynn, wants you to know about some important real estate tax breaks you can claim on your Federal and State income tax returns. With income tax returns due in the next couple weeks, there is no time like the present to make sure you have claimed all your deductions and credits. To take advantage of real estate tax deductions, you will have to itemize your deductions. For most Walworth County residents, itemizing your deductions is always well worth the effort. However, to be sure, compare your itemized deduction amount to the standard deduction amount and always choose the option providing you with the larger deduction.
Walworth County Real Estate AttorneyWhen itemizing your deductions, refer to this list of homeowner tax breaks. Below we have detailed some of the best Walworth County real estate tax deductions.
1. Mortgage Interest. This is one of the biggest real estate tax breaks for Walworth County homeowners. For most homeowners, especially if you just recently purchased your home, the majority of your mortgage payment is going to interest. All of your mortgage interest is tax deductible. There are only interest deduction limits if you own a multi-million dollar residence. Therefore, as long as your mortgage is less than one million dollars, you can fully deduct every penny of your mortgage interest. Your financial lender should have sent you a statement in the mail indicating the amount of mortgage interest you paid in the previous year.
Some special notes about real estate mortgage tax breaks:
     a. If you refinanced or took out a home equity line of credit, you can normally also deduct these amounts as long as the amount is less than $100,000.
     b. You can also deduct the mortgage interest on your second home, vacation property, RV, or houseboat, as long as the “second home” has cooking, sleeping, and bathroom facilities.
     c. You can rent your second home and still deduct the mortgage interest. However, you must spend time at the second home yourself (14 days, or more than 10% of the total rental days).
2. Mortgage Points. If your credit was not perfect, you may have paid “points”. Paying points means that you paid money to buy down your mortgage interest rate. Pull out your closing documents and look for the mortgage points paid. There are qualification requirements in order to deduct your mortgage points, such as the mortgage must be for your primary residence, paying points is a common practice in your area, and some other rules. Please check with your Walworth County real estate attorney or CPA to see if your mortgage points are tax deductible.
Some special notes about real estate mortgage points:
     a. If you have a refinanced loan, a second home mortgage, or a home equity loan, you can deduct points, but the points usually have to be deducted over the life of the loan. See your Walworth County Real Estate Attorney or CPA for details.
3. Walworth County Real Estate Taxes. Homeowners can deduct their Walworth County real estate taxes. If you escrow, you will find the amount on the statement you received from your financial institution at the end of the year. If you don’t escrow or do not have your end-of-year mortgage statement, you can refer to your Walworth County property tax bill. You can deduct your Walworth County real estate taxes every year for as long as you own your home.
Some special notes about Walworth County real estate taxes:
     a. If this is the first year in your home and you moved into your new home mid-year (not January 1st), you will need to pull out your closing documents. The buyer and seller of the real estate property most likely each paid their portion of the year’s real estate taxes. Your portion is fully deductible.
These three Walworth County real estate tax breaks for homeowners carry the largest deductible amounts. This is not a full list of real estate deductions available. Please, consult with the IRS or your Walworth County real estate attorney for a complete list of deductions available to homeowners. Remember, it may take longer to itemize deductions on your tax return, but the benefits are well worth the effort. Always compare your itemized deduction amount to the standard deduction amount in order to get the biggest tax break.
 
Contact Our Walworth County Real Estate Attorney
If you have questions regarding tax deductions, foreclosures, or any other real estate matter, please feel free to contact our Walworth County Real Estate Attorney. We are more than happy to schedule an appointment with you to discuss your real estate matter. Wynn at Law, LLC conveniently has offices located in Lake Geneva, Delavan, and Salem, Wisconsin. You can reach our Walworth County Real Estate Attorney by phone at 262-725-0175 or by email via our website’s contact page.
 
Walworth County Real Estate Attorney
 
 
*The content and material on this web page is for informational purposes only and does not constitute legal advice.
 

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10 years 5 months ago

Before filing your bankruptcy case, it is important to decide if bankruptcy is your best option. Depending on the specifics of your financial problems, we will gather and discuss a great many facts in your case. We will want to know all aspects of your financial situation and what your desired outcomes are. It may be difficult to discuss all the circumstances you are facing in bankruptcy. However, if you are to take full advantage of the protections offered you under the United States and Arizona bankruptcy laws, we must know everything, including who and what you owe, whether or not you are behind on your payments, and any other financial information.The post Gathering All the Necessary Facts appeared first on Tucson Bankruptcy Attorney.


10 years 4 months ago

Before filing your bankruptcy case, it is important to decide if bankruptcy is your best option. Depending on the specifics of your financial problems, we will gather and discuss a great many facts in your case. We will want to know all aspects of your financial situation and what your desired outcomes are. It may be difficult to discuss all the circumstances you are facing in bankruptcy. However, if you are to take full advantage of the protections offered you under the United States and Arizona bankruptcy laws, we must know everything, including who and what you owe, whether or not you are behind on your payments, and any other financial information.
The post Gathering All the Necessary Facts appeared first on Tucson Bankruptcy Attorney.


10 years 5 months ago

In general, you can file a chapter 7 bankruptcy case once every eight years. For example, if you filed on January 1, 2008, then you would not be eligible to file another chapter 7 bankruptcy case until January 2, 2016. If you filed the case in between those two dates, the chapter 7 trustee or+ Read More
The post Can I File Chapter 7 Bankruptcy Again? appeared first on David M. Siegel.


10 years 5 months ago

worst case scenario - risk conceptEvery parent has thought about it, but few want to discuss it.  What happens to your children if you and your spouse both pass away before your children grow up.  Who will care for them?  Who will cover the costs of raising them? How will they go to college?  Who will control their inheritance?  These are very tough questions, but they must be answered.
guardianA proper estate plan can account for this worst case scenario.  A guardian can be named to care for your children and a back up guardian can be chosen in case the first choice is unable or unwilling to serve.  A revocable trust can be set up that dictates the terms under which money shall be disbursed, first to the guardian and later to your children.  The Trustee should be someone that you trust to work with your children’s guardian, but also protect your children’s financial future.  Life insurance can be purchased and the alternative named beneficiary can be your revocable trust. Terms of the trust can also include information about college attendance, military service, or other career paths.
planAdditionally, a proper estate plan can account for the protection of any assets that you wish to pass along to your children.  Rather than giving your grandmother’s ring to your son upon your death, you can dictate that the ring goes to him upon his 25th birthday, or upon him getting engaged.  Rather than your vacation cottage going to your children when you die, your trustee can rent or otherwise leverage the cottage for income until your children are old enough to be trusted with the asset.
Every estate plan is different because no two parents want to raise their children the same way.  However, the most important thing to remember is that with proper planning, even life’s worst case scenario cannot stop you from protecting your children and making a positive influence on their future.


10 years 5 months ago

No matter how deep your hole of debt, you want to keep bankruptcy as a last resort.
If there’s a way out of debt that doesn’t involve a trip to a bankruptcy lawyer, that’s what you want to do.
After all, bankruptcy costs money and takes time. You have to give up all sorts of financial information, and it doesn’t cover all types of debt.
Most important, bankruptcy is a tool you can’t use all the time. Better to save your best option for last.
Most of my job as a bankruptcy lawyer is to help my clients understand that I’m the last stop on the train, not the first. Consultations usually involve laying out all the options and then looking at which one is the best.
If filing for bankruptcy is the right way to go, I can usually help. But here are some of the other choices you should look at first.
Debt Consolidation
Debt consolidation involves taking out a new loan to pay off the other ones. If you qualify for new financing at a better rate than the existing debts, it may make sense.
Unfortunately, most of the people who meet with me are already past due on their debts and so don’t qualify for a new loan. Still, it’s worth it for you to try as a way to get out of debt.
I’m not talking about taking out a pension loan to pay off your old debts. That’s nothing more than borrowing from your future to pay for your past, and it’s a bad idea. Leave the pension money where it is.
You should also think twice before taking out a second mortgage as a consolidation loan. If you’re unable to pay the second mortgage then the lender can take your home.
Debt Management Plans
There are companies that will take all your debts, negotiate new payments with the lenders, and pay them on your behalf. You make one monthly payment, and the debt management company divides the funds among the creditors.
If you’re working with a debt management company it’s important to put all your bills into the plan. Keeping even one credit card out of the plan means that you’ll be responsible for making payments to two companies. Keeping a card outside the plan also means there’s a chance that you end up over your head in debt to that creditor as well.
One problem with debt management companies is that they usually deal with credit card debt only. If you’ve got tax debts, student loans or other bills then you may not be able to handle all your debts using one of these companies.
Debt Settlement
You can usually settle your credit card debt once you’ve been in default for awhile. Depending on how far behind you are, you may be able to get a huge discount off the balance due.
Debt buyers snap up past due accounts for pennies on the dollar. They’re often more willing to give you a break on the balance due so long as they make a profit off their investment.
Debt settlement isn’t for everyone, though. If you owe money to more than one company then there’s a chance you can’t settle all your debts. That may leave you with more debt and no solution for repayment.
There are also possible tax consequences when you settle a debt. You may have to pay income taxes on the part of the debt that’s forgiven, so talk with your tax professional before you settle any account.
Walk Away From Your Debts
You may decide to ignore your debts and hope they go away. This may be a good idea if you aren’t working, don’t have any assets, or just can’t pay the debts.
Your creditors have only a limited amount of time to file a lawsuit against you to collect the debt. Some creditors may decide it’s not worth it to sue you, and others may wait too long.
For those creditors that decide to sue you, you can defend the lawsuit or settle the debt at that time.
Your credit score will suffer if you don’t pay your debts, but if you don’t need to buy anything on credit then it may not matter to you. The bad accounts will fall off sooner or later, and you can start to rebuild when that happens.
If you owe money for taxes or federal student loans then this strategy won’t work for you. There’s no statute of limitations for federal debts, so the government can collect forever.
In the end, how you choose to get out of debt comes down to simple arithmetic. Look at your income, your assets, and your debts. Review your options and see which one works for you.
Once you’ve had the chance to look at your choices, you may decide that bankruptcy makes sense for you. Take the time to make an informed decision so you can be confident that you choose the right path.
The post Get Rid Of Your Debt Once And For All (Without Bankruptcy) appeared first on Bankruptcy and Student Loan Lawyers - 866.787.8078.


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