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If you have a collection account that you want to take care of, but can’t afford to pay it in full, you may be able to negotiate a cheaper payment with the debtor. Even if you can’t get the collector to agree to accept a lower payout, you may be able to draw up an agreement to pay the debt in installments. Knowing how to negotiate with debt collectors will help you to process a payment solution that works in your favor.
1. Understanding how debt collectors work
Debt collections can also happen to more financially responsible consumers. A bill may slip your mind, you may have a dispute with the creditor of what you really owe or the billing statements may get lost in the mail before you know that the debt exists.
No matter how much you would ignore the collection, taking care of the collection accounts is usually better for you in the long run. Once you pay, it will interrupt your collection calls and letters for good, improve your credit history and eliminate the risk of being sued for debt.
As with any negotiation, knowing how much you can on the other party puts you in a better position to get what you want from the deal. The goal of the debt collector is to get as much money as possible from the debt collection and they do it in two ways. Debt collectors can add tax on the debt as permitted by state law.
Or, buyers of junk debt earn profits on the debts they have bought for only penny on the dollar. Collectors only make money when consumers pay the debt. They cannot seize property or take money from consumer bank accounts unless they sue and get a court ruling and permission to garnish consumer wages.
2. Know Your Rights
Before you talk to a debt collector, familiarize yourself with your rights. Otherwise, debt collectors who are smarter and savvy than you can easily take advantage of you.
Here are some things to know:
- Debt collectors can only call between 8:00 and 9pm.
They can’t let you harass or use profane language when you talk to yourself. - They cannot threaten to take illegal actions or that they do not intend to pursue with.
- Debt collectors can contact their employer, family members and friends to contact information about you.
Debt collectors may attempt to collect from you by calling, sending letters and listing a debt on your credit report until the debt falls within the time limit of credit reporting. You can stop calls and letters asking the collector to stop contacting you. However, it is generally not possible to remove a collection from your credit report, unless it is inaccurate or beyond the reporting time limit.
3. Make sure it is the debt
Don’t take it for granted that a collector you contact is pursuing a legitimate debt. Debt collectors have been known to pursue false debts or even attempt to collect on debts already paid.
Approves all debt collections with a healthy dose of skepticism.
You have the right to ask the debtor to prove that the debt is yours and that they are allowed to collect. This process is known as debt validation. You have 30 days from initial contact with the debtor to request, in writing, that the debtor will send you the proof of the debt. Once the collector receives your request for debt validation, it cannot continue to collect from you until they have sent the required proof.
Once the collector sends the proof and you are satisfied with the debt is legitimate, you can proceed with the rest of the negotiations. If not, send the collector a letter of termination and ending by asking to stop contacting you and contest the debt with the credit bureaus.
4. Get Some Leverage
There are some things that can work in your favor when you are negotiating with a debt collector.
First, if the collector has a lesser chance of winning a lawsuit against you, they may
The statute of limitation affects is the time when a debt is legally enforceable. Once the statute has passed, the debt collector will have a harder time getting a court to force you to pay the debt if you use the expired term as a defense in court. Just be sure not to accidentally restart the statute of limitation by admitting to the debt or making a partial payment. The statute of limitation varies depending on the state and type of debt and starts with your last activity on the account.
Another time period that can work on your behalf is the time limit of credit reporting. This period of time affects whether a debt can be listed on your credit report. If a debt has declined in your credit report, or is expected to fail soon, there is less incentive to pay it – it has no effect on your credit. However, you may feel motivated to pay the debt due to a moral obligation, to prevent debt collectors from contacting you on debt for good or to eliminate the risk of being sued. Using a credit expiration time limit as a betting tool can encourage the debt collector to work with your budget.
In General, the more debt the debt is, the more likely you can convince the debtor to accept less than the full payment. Search for and verify both the statute of limitations and the time limit of credit reporting before you start negotiating with the debt collector.
5. Figure of what you can pay
Paying your debt collection is important, especially if it prevents you from improving your credit or getting approval for other credit cards and loans. Before you offer a payment to the debt collector, consider the other financial obligations. Take a look at your budget-your earnings and expenses-to understand what you can pay towards the debt. Consider whether you can pay all in one lump sum or break it in a few payments. Keep in mind that debt collectors want to collect as quickly as possible, so the spread of payments for more than a couple of months will not be an option.
You could, for example, offer to pay a lump sum of $3 000 for a debt of $5 000. You will ask that the debtor receives his payment as full debt satisfaction, which means that the collector cancels the remaining $2 000. Or, you could offer four monthly payments of $250, to fully pay the debt. Make sure you can pay what you’ve offered. Once the debtor accepts, you can only have a small window to make the payment.
6. Knowing how your payment will interest you
Know what your offer means to you. Your payment will be reported to credit agencies if the debt still remains within the time limit of credit submission – which is seven years for most debts. Paying in full seems generally better than solving your debt, but a payment seems better than not paying.
Any payment on the debt will reopen the statute of debt limitation. It is important that you have an agreement on what will satisfy the debt and eliminate the risk of being sued in the future.
Debt settlement can have tax implications. If more than $600 of your debt is canceled, the collector must report the canceled amount to the IRS. You will be sent a 1099-C form to include the canceled debt as income on your next tax return.
7. Be prepared for a counterweight
Start trading by offering a somewhat inferior payment to what you really want to pay. The debt collector will likely contract with an amount higher than your bid or even insist on paying the full amount. The goal is finally to get the debt collector to accept an amount equal to or less than what you have decided you can pay.
8. Stand Your Ground
Debt collectors use all the information they can get about you to collect the debt on your part-so pay attention to what you divulge in your conversations. Stay in control of your emotions, no matter what and just talk about your offer. Avoid discussing your income or other financial obligations unless you are sure that giving this information will benefit the negotiations.
Keep in mind that debt collectors have access to your credit report and can use the information in it-like new loans or punctual payments on your other accounts-to push you to pay more than what you have offered. Stay in control of the conversation and stand firm in what you are willing and able to pay. Do not let a collector have a habit of letting other financial obligations slip.
You may have to go with several debt collectors before you come to an agreement. Don’t be surprised if you’ll end up talking to several people at the collection agency. Keep the notes of all your communications with debt collectors, noticing who you talked to and details about the conversation.
9. Get the Writing agreement
Once you and the debt collector have arrived at a payment amount that works for both, get the agreement in writing. This is especially necessary if you have processed an amount or a payment amount. Do not make a payment until a written agreement of the debtor is provided for.
Keep a copy of the agreement and proof of payments you make just in case there is ever a question if you have satisfied the debt.
For some, it’s easier to write a check for the entire amount and do it with the debt completely. But, if you’re looking to save money on debt or just can’t afford to pay it in full, negotiating a smaller payment is worth it. You can do it yourself, even if you have to write a letter to start negotiations. It is less expensive to hire a debt reduction firm to negotiate on its behalf.
Arizona has had enough of people passing off their pets as “service animals”.
Later this summer it will be illegal to pass off a pet as a “service animal”; violators will be fined $250 PER OCCURRENCE. House Bill 2588
The new law “A PERSON MAY NOT FRAUDULENTLY MISREPRESENT AN ANIMAL AS A SERVICE ANIMAL OR SERVICE ANIMAL IN TRAINING TO A PERSON OR ENTITY THAT OPERATES A PUBLIC PLACE. A COURT OR DULY APPOINTED HEARING OFFICER MAY IMPOSE ON THE PERSON MISREPRESENTING THE ANIMAL IN VIOLATION OF THIS SUBSECTION A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION.”
Business owners already have the right to ask someone to leave if his or her pet is causing a disruption and are permitted to ask for the purpose of the animal under the Americans with Disabilities Act.
A local Prescott McDonald’s implemented a sign asking pet owners not to lie about whether their pet is a service animal or not. (Photo: Kyle Peterson)
In my opinion this situation has become an epidemic. You cannot go into a store, movie house or restaurant without seeing someone carting around a little dog with a “service dog” vest. Really – who are they kidding??
Do you really want to use a grocery cart that previously held a pet which could now be laced with fleas, feces or urine. Do you really want that junk on the food in your grocery cart? How about those who are allergic to animals? They have no idea that the grocery cart handles are ripe with pet leftovers and don’t understand why they are going into a sneezing fit or, worse anaphylactic shock from a serious allergy to pet dander?
Don’t get me wrong – I have no problem with real service dogs. They are responsible for helping our most vulnerable. My family and friends will tell you that I LOVE animals. Animals have been part of my life for as long as I can remember. But, I don’t want animals in the grocery store, certainly not in my grocery cart, nor in a restaurant where I am eating and not in a movie. Please leave your pets at home where they are comfortable and safe.
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About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. As a teacher and retired law professor, Diane believes in offering everyone, not just her clients, advice about the Arizona bankruptcy and foreclosure laws. She is also a mentor to hundreds of Arizona attorneys. 
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post $250 fine to Pass Your Pet Off as a “Service Animal” appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
Arizona has had enough of people passing off their pets as “service animals”.
Later this summer it will be illegal to pass off a pet as a “service animal”; violators will be fined $250 PER OCCURRENCE. House Bill 2588
The new Arizona law “A PERSON MAY NOT FRAUDULENTLY MISREPRESENT AN ANIMAL AS A SERVICE ANIMAL OR SERVICE ANIMAL IN TRAINING TO A PERSON OR ENTITY THAT OPERATES A PUBLIC PLACE. A COURT OR DULY APPOINTED HEARING OFFICER MAY IMPOSE ON THE PERSON MISREPRESENTING THE ANIMAL IN VIOLATION OF THIS SUBSECTION A CIVIL PENALTY OF NOT MORE THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION.”
Business owners already have the right to ask someone to leave if his or her pet is causing a disruption and are permitted to ask for the purpose of the animal under the Americans with Disabilities Act.
A local Prescott McDonald’s implemented a sign asking pet owners not to lie about whether their pet is a service animal or not. (Photo: Kyle Peterson)
In my opinion this situation has become an epidemic. You cannot go into a store, movie house or restaurant without seeing someone carting around a little dog with a “service dog” vest. Really – who are they kidding??
Do you really want to use a grocery cart that previously held a pet which could now be laced with fleas, feces or urine. Do you really want that junk on the food in your grocery cart? How about those who are allergic to animals? They have no idea that the grocery cart handles are ripe with pet leftovers and don’t understand why they are going into a sneezing fit or, worse anaphylactic shock from a serious allergy to pet dander?
Don’t get me wrong – I have no problem with real service dogs. They are responsible for helping our most vulnerable. My family and friends will tell you that I LOVE animals. Animals have been part of my life for as long as I can remember. But, I don’t want animals in the grocery store, certainly not in my grocery cart, nor in a restaurant where I am eating and not in a movie. Please leave your pets at home where they are comfortable and safe.
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About the Author:
Diane L. Drain is a well known and respected Arizona bankruptcy attorney. She is an expert in both consumer bankruptcy and Arizona foreclosure. Since 1985 she has been a dedicated advocate for her clients and spokesperson for Arizona citizens. As a teacher and retired law professor, Diane believes in offering everyone, not just her clients, advice about the Arizona bankruptcy and foreclosure laws. She is also a mentor to hundreds of Arizona attorneys.
I would be flattered if you connected with me on GOOGLE+
*Important Note from Diane: Everything on this web site is available for educational purposes only, is not intended to provide legal advice nor create an attorney client relationship between you, me, or the author of any article. Any information in this web site should not be used as a substitute for competent legal advice from an attorney familiar with your personal circumstances and licensed to practice law in your state.*
The post $250 fine If You Pass Your Pet Off as a “Service Animal” appeared first on Diane L. Drain - Phoenix Bankruptcy & Foreclosure Attorney.
I am sure that in both Oregon and Washington anyway, there are still people who think of bankruptcy as the last refuge of the poor, something that you opt for when your income hits rock bottom such that you can no longer service any of your debt, but Who Files Bankruptcy in Oregon and Washington?
The reality is that in Washington and Oregon, bankruptcy is largely used by middle-income earners. In fact, the median income for bankruptcy filers is roughly $43,000, which is only $6,000 less than the national median. Nationally, bankruptcy filers are actually more likely to be employed than the rest of the population and more likely to be employed full-time.
Bankruptcy filers are also more likely to be veterans and less likely to be immigrants. One frightening common thread among bankruptcy filers is medical debt. One study has shown that medical debt is present in roughly sixty-percent of all bankruptcy filings. Moreover, nearly eighty percent of the bankruptcy filers who had medical debt actually had insurance. All told, over 1.6 million people with medical debt will file bankruptcy this year.
Frightening stuff. Bankruptcy isn’t really something that happens to someone else in another neighborhood because they messed up. It’s more likely your next-door neighbor who has worked the same job for years who got sick, missed a little bit of work and fell behind.
The fact is that most of us are just one or two missed paychecks away from having to file. What’s sad is that people too often blame themselves for the necessity of bankruptcy when the truth is that filing is most often beyond their control.
Please let us know If you would like more information about how bankruptcy can help you. We would be happy to set up an appointment for you at any of our offices in Oregon and Washington.
Schedule a Free Consultation with Your Portland Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Portland, Oregon. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at (503) 912-8809 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post Who Files Bankruptcy in Oregon and Washington? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Termination by cause is a serious problem. Employers and employees have many reasons to separate ways, but the cessation of employment by cause is not a desirable result – for the employer or for the employee. The resolution for cause usually occurs when an employee makes a serious error in actions or judgement.
Termination for Cause
When the employment of an employee is interrupted by cause, the job is interrupted for a reason that is given to the employee and indicated in the letter of resolution.
The resolution by cause may occur for all actions that an employer considers serious of misconduct. Examples of such situations include these.
- Violation of the code of business conduct or ethical policy,
- Failure to comply with company policy,
- Breach of contract
- Violence or violence threatened,
- Threats or threatening behavior,
- Money or property,
- The Lie,
- The falsification of records,
- Extreme insubordination,
- The harassment,
- The lack of an alcohol or drug test,
- The conviction for some crimes, or, online pornography.
These are not the only reasons why an employer could fire an employee for cause. Every time I think I’ve seen it all, an employee proves me wrong. So an exhaustive list is impossible. If you intend to terminate an employee’s use by reason, you can talk to your lawyer about extraordinary circumstances or situations.
The resolution for cause is usually immediate when an employer has collected the necessary documentation and evidence.
The resolution meeting is held with the employee, the employee’s manager or the supervisor and a human resources representative.
If a job relationship is interrupted because of the cause, the employer will probably not have to pay compensation for unemployment. You may want to check with the Department of Labor in your state to understand the rules governing your relationship with your employees.
An employer who is terminating an employee for cause is discouraged from paying off any. This sends a double message that confuses the departing employee, confuses a jury into a subsequent lawsuit and sets a presumed villain for the employer.
Termination of work for cause, turn off an employee for cause note:
Susan Heathfield makes every effort to offer precise management, good sense and human resources ethics, employer and workplace advice on this site, but is not a lawyer. The content of the site should not be construed as legal advice. The site has an audience around the world and the laws and regulations on employment vary from one state to one state and from one country to another, so the articles cannot be final on everyone for your workplace. If in doubt, always ask legal advice. The information on the site is provided only by way of indication.
I am sure that in both Oregon and Washington anyway, there are still people who think of bankruptcy as the last refuge of the poor, something that you opt for when your income hits rock bottom such that you can no longer service any of your debt, but Who Files Bankruptcy in Oregon and Washington?
The reality is that in Washington and Oregon, bankruptcy is largely used by middle-income earners. In fact, the median income for bankruptcy filers is roughly $43,000, which is only $6,000 less than the national median. Nationally, bankruptcy filers are actually more likely to be employed than the rest of the population and more likely to be employed full-time.
Bankruptcy filers are also more likely to be veterans and less likely to be immigrants. One frightening common thread among bankruptcy filers is medical debt. One study has shown that medical debt is present in roughly sixty-percent of all bankruptcy filings. Moreover, nearly eighty percent of the bankruptcy filers who had medical debt actually had insurance. All told, over 1.6 million people with medical debt will file bankruptcy this year.
Frightening stuff. Bankruptcy isn’t really something that happens to someone else in another neighborhood because they messed up. It’s more likely your next-door neighbor who has worked the same job for years who got sick, missed a little bit of work and fell behind.
The fact is that most of us are just one or two missed paychecks away from having to file. What’s sad is that people too often blame themselves for the necessity of bankruptcy when the truth is that filing is most often beyond their control.
Please let us know If you would like more information about how bankruptcy can help you. We would be happy to set up an appointment for you at any of our offices in Oregon and Washington.
Schedule a Free Consultation with Your Portland Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Portland, Oregon. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at (503) 912-8809 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post Who Files Bankruptcy in Oregon and Washington? appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Circumstances May Favor Chapter 13 over Chapter 7
Chapter 13 Bankruptcy May Be a Better Option and is a form of consumer bankruptcy that requires some form of repayment to creditors over a three to five year period. Most consumers that we meet in our Oregon and Washington offices come in believing that Chapter 13 is a repayment plan that will require them to pay everyone back over a certain period of time. In fact that is rarely if ever the case. While some debts may have to be paid in full, though usually at reduced interest rates, others can usually be written off and paid nothing. When then is Chapter 13 the appropriate form of bankruptcy?
Chapter 13 Is Appropriate In Seven Main Circumstances
1) Ability to Pay: If a review of your income and expenses reveals that you can afford to make some form of monthly payment to your creditors, you may be required to file Chapter 13 rather than Chapter 7. Your monthly plan payment would roughly equal the amount that you have left over after subtracting all your living expenses from your net income. Usually this means not paying much, if anything, back to your unsecured creditors.
2) Catch Up on Arrears: If you are behind on your taxes, mortgage, car payments of child support, Chapter 13 Bankruptcy provides you with a way of getting current immediately and repaying the back-owed amounts over three to five years interest free. This is often a very attractive option because under normal circumstances, you pay little, if anything, back on credit cards or medical debts while having a great mechanism for dealing with the stuff that you actually want to repay.
3) Stop Property Loss: While Chapter 7 might stop a repo or a foreclosure temporarily, the relief is fleeting; whereas, a Chapter 13 can provide a permanent solution which enables you to keep your property as long as you pay off the arrears on the mortgage over three to five years or pay off the car through your plan. This same principle applies to tax and child support garnishments.
4) Redo Loans: In Chapter 7 Bankruptcy, your choices are often limited to either giving up the car or signing off on a reaffirmation agreement, making your car loan an exception to discharge. In Chapter 13, you have options galore. First, under most circumstances, you can lower the interest rates and save yourself a ton of money. Second, if the car was financed over 910 days ago you can normally reduce the amount that you repay to the value of the vehicle. So if the car is worth $5000 and you owe $10,000 on it, you can reduce repayment to $5000. Not bad! Plus, unlike in Chapter 7 Bankruptcy, you aren’t stuck in the car forever. Maybe the car is great now but what about three or four years from now? In Chapter 7, you have no options once you reaffirm the vehicle. In Chapter 13, you can almost treat your car loan like the lease you always wanted: Drive it for a couple years and when it breaks down a bit, dump it. Under some circumstances, there are still more car savings if you got it in a trade in situation or your loan is really a title loan. Ask us about them.
5) Protect Property: When you file Chapter 7 Bankruptcy, only a certain amount of your personal property can be protected. In Washington and Oregon, the exemptions that protect your personal property are actually pretty generous, but that does not mean that they are always enough. If the exemptions are not sufficient, the property that is not protected can be sold off by the Chapter 7 Trustee. Who needs that? In Chapter 13, nothing is ever at risk. If you have $5000 worth of stuff that can’t be protected it usually just means that you will have to pay back at least that amount to your unsecured creditors over three to five years. This allows protection of homes that might have more equity than is protected by a homestead exemption, or a treasured family heirloom.
6) Your license: Chapter 13 is usually a much more effective tool when you need to get a drivers license back. If your license is suspended because of back owed run-of-the-mill driving and parking tickets, the filing of a Chapter 13 Bankruptcy will normally allow you to march on over to the DMV with your paperwork and get your license back. This does not seem to work with a Chapter 7 Bankruptcy filing.
7) Attorney Fees: It’s not always possible to come up with the attorney fees to file Chapter 7 Bankruptcy. The no attorney fees before filing Chapter 7 Bankruptcy does not really exist. Not an issue in Chapter 13. As long as you qualify and have part of the filing fee for the court($185 in Oregon and $100 in Washington), there is no legal obstacle to getting your case filed.
Conclusion
Chapter 13 Bankruptcy is not just a backup in the event that you don’t qualify for Chapter 7. It is often the superior choice.
Contact Us Today
While dealing with financial complications can be overwhelming, Tom McAvity can help you manage your unique circumstances. If you have additional questions regarding bankruptcy, contact Northwest Debt Relief Law Firm by calling (503) 828-0964 to schedule your personal consultation.
The post Why Filing For Chapter 13 Bankruptcy May Be a Better Option for You appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Circumstances May Favor Chapter 13 over Chapter 7
Chapter 13 Bankruptcy May Be a Better Option and is a form of consumer bankruptcy that requires some form of repayment to creditors over a three to five year period. Most consumers that we meet in our Oregon and Washington offices come in believing that Chapter 13 is a repayment plan that will require them to pay everyone back over a certain period of time. In fact that is rarely if ever the case. While some debts may have to be paid in full, though usually at reduced interest rates, others can usually be written off and paid nothing. When then is Chapter 13 the appropriate form of bankruptcy?
Chapter 13 Is Appropriate In Seven Main Circumstances
1) Ability to Pay: If a review of your income and expenses reveals that you can afford to make some form of monthly payment to your creditors, you may be required to file Chapter 13 rather than Chapter 7. Your monthly plan payment would roughly equal the amount that you have left over after subtracting all your living expenses from your net income. Usually this means not paying much, if anything, back to your unsecured creditors.
2) Catch Up on Arrears: If you are behind on your taxes, mortgage, car payments of child support, Chapter 13 Bankruptcy provides you with a way of getting current immediately and repaying the back-owed amounts over three to five years interest free. This is often a very attractive option because under normal circumstances, you pay little, if anything, back on credit cards or medical debts while having a great mechanism for dealing with the stuff that you actually want to repay.
3) Stop Property Loss: While Chapter 7 might stop a repo or a foreclosure temporarily, the relief is fleeting; whereas, a Chapter 13 can provide a permanent solution which enables you to keep your property as long as you pay off the arrears on the mortgage over three to five years or pay off the car through your plan. This same principle applies to tax and child support garnishments.
4) Redo Loans: In Chapter 7 Bankruptcy, your choices are often limited to either giving up the car or signing off on a reaffirmation agreement, making your car loan an exception to discharge. In Chapter 13, you have options galore. First, under most circumstances, you can lower the interest rates and save yourself a ton of money. Second, if the car was financed over 910 days ago you can normally reduce the amount that you repay to the value of the vehicle. So if the car is worth $5000 and you owe $10,000 on it, you can reduce repayment to $5000. Not bad! Plus, unlike in Chapter 7 Bankruptcy, you aren’t stuck in the car forever. Maybe the car is great now but what about three or four years from now? In Chapter 7, you have no options once you reaffirm the vehicle. In Chapter 13, you can almost treat your car loan like the lease you always wanted: Drive it for a couple years and when it breaks down a bit, dump it. Under some circumstances, there are still more car savings if you got it in a trade in situation or your loan is really a title loan. Ask us about them.
5) Protect Property: When you file Chapter 7 Bankruptcy, only a certain amount of your personal property can be protected. In Washington and Oregon, the exemptions that protect your personal property are actually pretty generous, but that does not mean that they are always enough. If the exemptions are not sufficient, the property that is not protected can be sold off by the Chapter 7 Trustee. Who needs that? In Chapter 13, nothing is ever at risk. If you have $5000 worth of stuff that can’t be protected it usually just means that you will have to pay back at least that amount to your unsecured creditors over three to five years. This allows protection of homes that might have more equity than is protected by a homestead exemption, or a treasured family heirloom.
6) Your license: Chapter 13 is usually a much more effective tool when you need to get a drivers license back. If your license is suspended because of back owed run-of-the-mill driving and parking tickets, the filing of a Chapter 13 Bankruptcy will normally allow you to march on over to the DMV with your paperwork and get your license back. This does not seem to work with a Chapter 7 Bankruptcy filing.
7) Attorney Fees: It’s not always possible to come up with the attorney fees to file Chapter 7 Bankruptcy. The no attorney fees before filing Chapter 7 Bankruptcy does not really exist. Not an issue in Chapter 13. As long as you qualify and have part of the filing fee for the court($185 in Oregon and $100 in Washington), there is no legal obstacle to getting your case filed.
Conclusion
Chapter 13 Bankruptcy is not just a backup in the event that you don’t qualify for Chapter 7. It is often the superior choice.
Contact Us Today
While dealing with financial complications can be overwhelming, Tom McAvity can help you manage your unique circumstances. If you have additional questions regarding bankruptcy, contact Northwest Debt Relief Law Firm by calling (503) 828-0964 to schedule your personal consultation.
The post Why Filing For Chapter 13 Bankruptcy May Be a Better Option for You appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Foreclosure in Salem, Oregon is a process where your lender eliminates your ownership interest in your real property. The lender does this through a foreclosure sale that is held at a published place, (usually in front of the Marion County Courthouse) and time,. Once the foreclosure sale has taken place, you no longer own the real property and you will have to vacate the property within ten days of face eviction proceedings.
If your lender is threatening foreclosure, it means that you are seriously in default on your mortgage and really are in danger of losing your property. There are two separate kinds of foreclosure: judicial and non-judicial.
In a judicial foreclosure, the foreclosure process is initiated through an actual lawsuit filed in the Marion County Circuit Court. Once a judicial foreclosure complaint has been filed, the lender will serve you with a copy of the complaint and a summons. Once you have been served, it is imperative that you meet with a lawyer as quickly as possible, as there is a fairly limited period of time to keep the lender from obtaining a default order of foreclosure.
In non-judicial foreclosure, the lender does not file any paperwork with the court. It just records a Notice of Default and Election to Sell in the Marion County real property records. The Notice will be served upon you and all other occupants of your real property by certified mail and US first class mail. The Notice will describe all the specifics of the loan default, including the total amount owing. Moreover, the Notice will list the time, date and location of the foreclosure sale. Once the lender formally starts the foreclosure process by filing a notice of default, you typically will have a few days short of four months to resolve the issue or you will lose your house.
Given how much easier it is to complete the non-judicial foreclosure process, It is fair to ask why would any lender foreclose on a Salem area property through judicial foreclosure. The reason is that some lenders don’t have any choice. Non-judicial foreclosure is only available if there is a trust deed rather than a mortgage.
Bankruptcy is often a great solution for stopping any kind of Foreclosure in Salem, Oregon and if a lender is foreclosing on your Salem area home, it is an option that you should immediately explore with an attorney rather than waiting until the last minute. I can’t count how many times we have been contacted for the first time on the day before a foreclosure sale. Sometimes we can help on that kind of an emergency basis and sometimes we can’t. We can almost always help if we are given a little more lead time.
Bankruptcy is a great solution for foreclosure because it stops foreclosure in its tracks. Once the case is filed, you have the option of slowly paying off the amount that you are behind, interest free, over a three to five year time period. You can even opt to pay most of the amount that you are behind out of a later refi or sale of the property. There are great options in bankruptcy that you can only discover by talking to us. Contact our offices today.
If you don’t stop the foreclosure, a date, time, and location of the sale will be set for sale, the Trustee will announce the property being sold. Anyone with enough cash on hand to make the purchase at the time of sale can show up and bid on the property.
The Trustee is usually authorized by your lender to enter a minimum bid equal to the amount owed to the lender. This enables the lender to buy the property for the amount of money the lender is owed on the property. This insures that the lender will not have to take a loss on the day of the foreclosure sale.
If you don’t want the property sold, there are ultimately only four routes to keep the foreclosure from being completed: (1) cure the default, also called “reinstating” the loan, (2) pay off the loan in full, (3) negotiate an extension with the lender, or (4) file for bankruptcy.
Under Oregon law, the Trustee has to stop the foreclosure sale if you pay the loan current at any time prior to the fifth day before the foreclosure sale. Paying the loan current means catching up on all missed payments, late charges, foreclosure fees and costs, and the lender’s attorney’s fees. For most Salem area homeowners, reinstatement just isn’t going to be an option
You can try to reach an agreement with your lender to stop the sale. Each lender has its own unique programs and methods, but a common thread is that if the lender is even amenable to making an agreement, you should be prepared to make a big lump sum payment up front and an installment payment arrangement to cure the remaining arrears.
You can also file bankruptcy. Again, if you can afford to start making your mortgage payment and either catch up, interest and penalty free, over a period of years or make small monthly payments on the arrears for a few years, then make a lump sum payment, bankruptcy is often the best tool not only for stopping a foreclosure sale but in giving you a practical way to catch up. Of course there are a number of added benefits to bankruptcy. First if you have any other debt bankruptcy gives you a great mechanism for paying off the creditors that you want to pay, namely, your mortgage and often pay little or nothing to your unsecured creditors.
Remember that once the foreclosure sale is held, you have run out of options. Ownership and title of the real property was transferred from you to the new owner at the foreclosure sale. Under Oregon law, you have 10 days after the date of the foreclosure sale to move out of the property. After that time, the eviction process begins.
Schedule a Free Consultation and Stop Your Foreclose in Salem, Oregon with Your Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Portland, Oregon. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at (971) 600-2828 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post Foreclosure in Salem, Oregon appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
Foreclosure in Salem, Oregon is a process where your lender eliminates your ownership interest in your real property. The lender does this through a foreclosure sale that is held at a published place, (usually in front of the Marion County Courthouse) and time,. Once the foreclosure sale has taken place, you no longer own the real property and you will have to vacate the property within ten days of face eviction proceedings.
If your lender is threatening foreclosure, it means that you are seriously in default on your mortgage and really are in danger of losing your property. There are two separate kinds of foreclosure: judicial and non-judicial.
In a judicial foreclosure, the foreclosure process is initiated through an actual lawsuit filed in the Marion County Circuit Court. Once a judicial foreclosure complaint has been filed, the lender will serve you with a copy of the complaint and a summons. Once you have been served, it is imperative that you meet with a lawyer as quickly as possible, as there is a fairly limited period of time to keep the lender from obtaining a default order of foreclosure.
In non-judicial foreclosure, the lender does not file any paperwork with the court. It just records a Notice of Default and Election to Sell in the Marion County real property records. The Notice will be served upon you and all other occupants of your real property by certified mail and US first class mail. The Notice will describe all the specifics of the loan default, including the total amount owing. Moreover, the Notice will list the time, date and location of the foreclosure sale. Once the lender formally starts the foreclosure process by filing a notice of default, you typically will have a few days short of four months to resolve the issue or you will lose your house.
Given how much easier it is to complete the non-judicial foreclosure process, It is fair to ask why would any lender foreclose on a Salem area property through judicial foreclosure. The reason is that some lenders don’t have any choice. Non-judicial foreclosure is only available if there is a trust deed rather than a mortgage.
Bankruptcy is often a great solution for stopping any kind of Foreclosure in Salem, Oregon and if a lender is foreclosing on your Salem area home, it is an option that you should immediately explore with an attorney rather than waiting until the last minute. I can’t count how many times we have been contacted for the first time on the day before a foreclosure sale. Sometimes we can help on that kind of an emergency basis and sometimes we can’t. We can almost always help if we are given a little more lead time.
Bankruptcy is a great solution for foreclosure because it stops foreclosure in its tracks. Once the case is filed, you have the option of slowly paying off the amount that you are behind, interest free, over a three to five year time period. You can even opt to pay most of the amount that you are behind out of a later refi or sale of the property. There are great options in bankruptcy that you can only discover by talking to us. Contact our offices today.
If you don’t stop the foreclosure, a date, time, and location of the sale will be set for sale, the Trustee will announce the property being sold. Anyone with enough cash on hand to make the purchase at the time of sale can show up and bid on the property.
The Trustee is usually authorized by your lender to enter a minimum bid equal to the amount owed to the lender. This enables the lender to buy the property for the amount of money the lender is owed on the property. This insures that the lender will not have to take a loss on the day of the foreclosure sale.
If you don’t want the property sold, there are ultimately only four routes to keep the foreclosure from being completed: (1) cure the default, also called “reinstating” the loan, (2) pay off the loan in full, (3) negotiate an extension with the lender, or (4) file for bankruptcy.
Under Oregon law, the Trustee has to stop the foreclosure sale if you pay the loan current at any time prior to the fifth day before the foreclosure sale. Paying the loan current means catching up on all missed payments, late charges, foreclosure fees and costs, and the lender’s attorney’s fees. For most Salem area homeowners, reinstatement just isn’t going to be an option
You can try to reach an agreement with your lender to stop the sale. Each lender has its own unique programs and methods, but a common thread is that if the lender is even amenable to making an agreement, you should be prepared to make a big lump sum payment up front and an installment payment arrangement to cure the remaining arrears.
You can also file bankruptcy. Again, if you can afford to start making your mortgage payment and either catch up, interest and penalty free, over a period of years or make small monthly payments on the arrears for a few years, then make a lump sum payment, bankruptcy is often the best tool not only for stopping a foreclosure sale but in giving you a practical way to catch up. Of course there are a number of added benefits to bankruptcy. First if you have any other debt bankruptcy gives you a great mechanism for paying off the creditors that you want to pay, namely, your mortgage and often pay little or nothing to your unsecured creditors.
Remember that once the foreclosure sale is held, you have run out of options. Ownership and title of the real property was transferred from you to the new owner at the foreclosure sale. Under Oregon law, you have 10 days after the date of the foreclosure sale to move out of the property. After that time, the eviction process begins.
Schedule a Free Consultation and Stop Your Foreclose in Salem, Oregon with Your Bankruptcy Attorney
When it comes time to file for bankruptcy, you need a compassionate and skilled attorney who will be able to guide you through the process as cleanly as possible. Northwest Debt Relief Law Firm, we can help you with filing for Chapter 7, Chapter 11, and Chapter 13 bankruptcy in Portland, Oregon. We will be there every step of the way to help navigate you through the often-complex and difficult bankruptcy process.
Give us a call at (971) 600-2828 to schedule a free consultation with one of our bankruptcy attorneys. If you have any other questions about bankruptcy, one of our attorneys will be more than happy to offer advice on your particular situation.
The post Foreclosure in Salem, Oregon appeared first on Portland Bankruptcy Attorney | Northwest Debt Relief.
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