Blogs

4 years 23 hours ago

Nebraska bankruptcy attorney Patrick Patino and had a great conversation about the hot topic of bifurcated chapter 7 fees in Nebraska.
In a traditional chapter 7 case all fees must be paid before a case is filed.  Why? Because unpaid attorney fees are wiped out once a case is filed so attorneys demand that all fees be paid BEFORE a case is filed.
But under the controversial bifurcation fee agreement the attorney only prepares some of the work before the case is field. After the case is filed the client signs a new contract  to complete the case.  Since most of the work is prepared after the case is filed the attorneys are, in theory, allowed to accept monthly payments.
Is this possible? Can attorneys charge a small fee down to file a skeletal chapter 7 case and then accept payments after the case is filed for the remaining work?
As our discussion reveals, the promise of affordable chapter 7 fees under the bifurcation fee arrangement may be illusory.


4 years 2 days ago

This article first appeared at Yahoo Finance and link is below.

https://finance.yahoo.com/news/nyc-pledges-65-million-taxi-163158992.html

NYC Pledges $65 Million of Taxi Aid That Drivers Call ‘Horrible’

Henry Goldman
Tue, March 9, 2021, 11:31 AM·1 min read

(Bloomberg) -- New York City is creating a $65 million fund to help taxi medallion owners, but drivers called the plan “a disgraceful betrayal from a city that already has blood on its hands.”

The proposal, funded with federal stimulus money, will offer $20,000 loans to help restructure debts on taxi medallions, and as much as $9,000 in debt payment support, said Taxi and Limousine Commissioner Aloysee Heredia Jarmoszuk.

“I think this new plan will be a difference maker for many drivers,” Mayor Bill de Blasio said Tuesday.

But Bhairavi Desai, executive director of the 21,000-member Taxi Workers Alliance, said the plan is “horrible” and “does absolutely nothing for us.”

“It’s a cash bailout for lenders while we are left to drown in debt, foreclosure & bankruptcy,” Desai said in a Twitter post. “No debt forgiveness. No collective solution. No justice.”

In response, the mayor said, “It’s very easy to call for plans that aren’t going to work. Our job is to come up with solutions that will actually work.”

Read more here: N.Y. Attorney General Seeks $810 Million From NYC for Taxi Fraud and here: Suicides, Traffic Hell in NYC Spur Second Look at Uber’s Growth

The market for taxi operating permits known as medallions has collapsed with the onset of the digital ride-hailing industry, leaving thousands of drivers facing financial ruin. Several have committed suicide.

The Alliance has called on the city to help convince and incentivize lenders to restructure their debt.


4 years 2 days ago

You have a reverse mortgage: Know your rights and responsibilities

Publication from Consumer Financial Protection Bureau “CFPB”.  Reverse mortgages can be a nightmare, leaving your spouse evicted from their home once the signing spouse dies.  This in-depth guide teaches current reverse mortgage borrowers about their rights and responsibilities under a Home Equity Conversion Mortgage loan. Topics include how a borrower can fulfill their loan obligation, what to do if receive a notice of foreclosure, loan payback options, and more.

Please don’t jeopardize your future security by assuming you know the law.

.fusion-body .fusion-builder-column-1{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-1 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:980px) {.fusion-title.fusion-title-1{margin-top:15px!important;margin-bottom:0px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-1{margin-top:10px!important;margin-bottom:10px!important;}}MUSINGS BY DIANE:Seniors should not be faced with homelessness because their spouse signed a reverse mortgage not understanding the legal consequences.  Don’t misunderstand me, there are good reverse mortgages that help the homeowner to stay in their home for as long as physically and psychologically possible.  Unfortunately, sleazy lenders saw seniors as easy targets for scams. 
Generally seniors trust those who are advertise themselves as “experienced”, whether the plumber, real estate agent, lawyer or doctor.  Trust must be earned, not freely given.  Always investigate any professional who is supposed to help you.  I say this time and again, typically you should be able to trust your gut.  Unfortunately, some con-artists are really good at deceiving others.  Reach out to family and friends for their guidance and common sense thoughts.

@media only screen and (max-width:980px) {.fusion-title.fusion-title-2{margin-top:0px!important;margin-bottom:6px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-2{margin-top:10px!important;margin-bottom:10px!important;}}– Diane L. Drain.fusion-body .fusion-builder-column-2{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-2 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 30px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 45px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-2{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}.fusion-button.button-1 {border-radius:10px;}.fusion-button.button-1.button-3d{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}.button-1.button-3d:active{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}Click here for steps to your free bankruptcy consultation
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.fusion-body .fusion-builder-column-5{width:75% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-5 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 15px !important;margin-right : 10px;padding-bottom : 0px !important;padding-left : 15px !important;margin-left : 10px;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-5{width:100% !important;order : 0;}.fusion-builder-column-5 > .fusion-column-wrapper {margin-right : 10px;margin-left : 10px;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-5{width:100% !important;order : 0;}.fusion-builder-column-5 > .fusion-column-wrapper {margin-right : 10px;margin-left : 10px;}}.fusion-body .fusion-flex-container.fusion-builder-row-4{ padding-top : 0px;margin-top : 5;padding-right : 0px;padding-bottom : 0px;margin-bottom : 20px;padding-left : 0px;}
The post You Have a Reverse Mortgage: Know Your Rights and Responsibilities appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.


2 years 3 months ago

Automatic Stay File with GavelOn January 14, 2021, the U.S. Supreme Court decided City of Chicago, Illinois v. Fulton (Case No. 19-357, Jan. 14, 2021), a case which examined whether merely retaining estate property after a bankruptcy filing violates the automatic stay provided for by §362(a) of the Bankruptcy Code. The Court overruled the bankruptcy court and U.S. Court of Appeals for the Seventh Circuit in deciding that mere retention of property does not violate the automatic stay. Case Background The City of Chicago (the “City”) impounded respondents’ vehicles for failure to pay fines for motor vehicle infractions. Thereafter, each respondent filed a Chapter 13 bankruptcy petition and requested the return of their vehicle. The City refused to return the vehicles, and the bankruptcy court in each case found the City’s refusal to be a violation of automatic stay. The Seventh Circuit affirmed, concluding that by retaining possession of the debtors’ vehicles after they declared bankruptcy, the City had acted “to exercise control over” the debtors’ property in violation of the automatic stay. Read More ›
Tags: Case Law Updates, Chapter 13, U.S. Supreme Court


4 years 2 days ago

Automatic Stay File with GavelOn January 14, 2021, the U.S. Supreme Court decided City of Chicago, Illinois v. Fulton (Case No. 19-357, Jan. 14, 2021), a case which examined whether merely retaining estate property after a bankruptcy filing violates the automatic stay provided for by §362(a) of the Bankruptcy Code. The Court overruled the bankruptcy court and U.S. Court of Appeals for the Seventh Circuit in deciding that mere retention of property does not violate the automatic stay. Case Background The City of Chicago (the “City”) impounded respondents’ vehicles for failure to pay fines for motor vehicle infractions. Thereafter, each respondent filed a Chapter 13 bankruptcy petition and requested the return of their vehicle. The City refused to return the vehicles, and the bankruptcy court in each case found the City’s refusal to be a violation of automatic stay. The Seventh Circuit affirmed, concluding that by retaining possession of the debtors’ vehicles after they declared bankruptcy, the City had acted “to exercise control over” the debtors’ property in violation of the automatic stay. Read More ›
Tags: Case Law Updates, Chapter 13, U.S. Supreme Court


4 years 3 days ago

Bankruptcy filings are beneficial for individuals who are no longer capable of making payments to their creditors. There are several advantages to filing for bankruptcy. One of the main reasons why debtors file bankruptcy is for an automatic stay, which prohibits collection activities from debt collectors. This means that the debtor shall be protected from creditor harassment and wage garnishment. Another objective of filing a bankruptcy petition is to obtain a bankruptcy discharge. 
Through filing a petition in bankruptcy, qualifying debts shall be eliminated. Seek legal assistance from Seattle Washington bankruptcy attorneys if you are considering filing bankruptcy. 
There are different bankruptcy rules for each bankruptcy chapter. For you to be qualified to file a bankruptcy petition, you must pass the bankruptcy means test. Your eligibility to file bankruptcy will also depend on your monthly income, living expenses, and the types of debts you owe from your creditors.
If you want to repay your debts without surrendering your assets, Chapter 13 bankruptcy is the best option for you. Bankruptcy proceedings under Chapter 13 (reorganization bankruptcy) are fairly clear and simple. However, you must understand the bankruptcy law before you consider a bankruptcy filing.
The majority of Chapter 13 filers seek legal help from a Seattle, Washington bankruptcy lawyer to assist them with the bankruptcy process. Learning how to file a bankruptcy petition is often more difficult than it seems.
Steps in Filing Bankruptcy under Chapter 13

  1. Chapter 13 Bankruptcy ProcedureA debtor should enroll and successfully finish a credit counseling course within six months before filing bankruptcy. The credit counseling course must be from an institution approved by the United States Trustee’s office.
  2. Debtors will prepare the petition in bankruptcy as well as the debt repayment plan proposal. The petition, payment plan, and other necessary paperwork must be submitted. All assets, wages, loans, and property transactions should also be disclosed. A Chapter 13 bankruptcy case hinges on the repayment plan. It is not easy to come up with a proposal that satisfies all the requirements. This is one of the reasons why hiring a trusted bankruptcy attorney is recommended.
  3. The paperwork will be filed by you and your legal representative, together with your most recent tax return and evidence that you have filed your tax return for the past four years.
  4. A trustee in bankruptcy will be appointed by the bankruptcy court to manage the bankruptcy case. The bankruptcy trustee shall review the repayment plan for legal compliance, collect payments, and allocate the funds to the creditors. The trustee shall also monitor your monthly income and transaction reports.
  5. Once you submit the required paperwork for your bankruptcy filing, the automatic stay takes effect. The creditors will be notified of the bankruptcy filing and the bankruptcy stay. Creditors will be unable to pursue collection activities due to the automatic stay. However, there are several exceptions and creditors may file a motion to lift it.
  6. Even though your payment plan is not yet confirmed, you will have to start making payments a month after you file bankruptcy.
  7. The meeting of creditors shall be arranged by the bankruptcy trustee. You are required to attend because questions regarding your finances and paperwork will be asked during the meeting. The creditors also have the right to object and ask questions regarding your repayment plan.
  8. You should attend a court hearing known as the confirmation hearing. Objections from creditors regarding the proposed repayment plan will be resolved in this court hearing.  If everything goes according to plan, the bankruptcy court will approve your repayment plan.
  9. Creditors are required to submit proof of claim forms to be paid. A proof of claim may be contested. For example, if a creditor fails to file a proof of claim, you may file on behalf of the creditor to settle the debt.
  10. Pay attention to the payment plan’s specifications and deadlines. A debtor should make regular payments until the proposed repayment plan is completed. In some cases, debtors are asked to file such records as income and expense reports.
  11. Complete a course in personal financial management. Before the case is closed, you should finish a debtor education course. This is distinct from the credit counseling that is necessary before filing for bankruptcy.
  12. The bankruptcy case will be dismissed after the bankruptcy court grants the debtor a bankruptcy discharge. The court will issue a discharge after the completion of the payment period. Any existing balance of the certain qualifying debt is wiped out by the bankruptcy discharge.

Rebuild your financial future and have a fresh start with your finances. It is highly advisable to consult with the best Seattle bankruptcy lawyers that are knowledgeable about bankruptcy laws and proceedings. Get in touch with Seattle Washington bankruptcy attorneys at Northwest Debt Relief Law Firm who are credible and experienced in handling bankruptcy cases, for legal help and assistance or for a free consultation.  
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4 years 3 days ago

With Protections Expiring, Millions are in Danger of Losing Their Home

by: Jann Swanson  Mortgage News Daily, Mar 2 2021, 9:17AM (Reprint for education purposes only)

What happens to homeowners and landlords when the federal, state, and local protections put in place during the pandemic go away? The Consumer Financial Protection Bureau (CFPB) is warning that the answer is hanging in the balance.
foreclosureMoratoria on foreclosures and evictions coupled with widespread availability of forbearance plans have held disaster at bay, but CFPB says 2.1 million families are behind at least three months on mortgage payments, and another 8.8 million are behind on rent. The aggregate 11 million represent 10 percent of total U.S. households. Homeowners alone are estimated to owe almost $90 billion in missed payments. The last time this many families were behind on their mortgages was during the Great Recession.
“Put simply,” the report says, “we have very little time to prevent millions of families from losing their homes.”
CFPB Acting Director Dave Uejio says, “I am deeply concerned that a mass wave of evictions and foreclosures will turn millions of families out on the streets. Such an event will not only be a humanitarian and public health disaster but will have repercussions throughout the housing sector and our economy at large.
“It’s common sense that safe, affordable, and stable housing provides the foundation for people’s well-being, financial and otherwise. Stable homes mean stable neighborhoods and communities. When people lose their homes, their lives, health, and finances are all disrupted. Even the threat of losing a family’s home can force tough financial decisions, including skipping payments on food, medicine, and heat to keep a roof over their head.”
This danger is much higher in certain communities. The ban on evictions is generally available only to tenants in properties held in real estate owned (REO) portfolios belonging to Fannie Mae and Freddie Mac (the GSEs), the Federal Housing Administration (FHA), Department of Veterans Affairs (VA), and the U.S. Department of Agriculture (USDA). In some cases, owners of multifamily properties financed by those agencies are also prevented from evicting non-paying tenants.
foreclosureNine percent of renters, who do not have the same protections or options as homeowners, say that they are likely to be evicted. Black and Hispanic households are more likely to report being at risk.
The 2.1 million homeowners who are more than 90 days in arrears on mortgage payments will probably experience severe financial hardship when forbearance ends. Of these families, an estimated 263,000 families are seriously behind on their mortgages and not in forbearance, putting them at higher risk of foreclosure once federal and state moratoria end.
Many families, particularly in Black and Hispanic communities, have not fully recovered from the last financial crisis, more than a decade ago. And those same communities are once again bearing a disproportionate financial and health burden during the pandemic, through no fault of their own. Black and Hispanic families are more than twice as likely to report being behind on housing payments than white families.
Twenty-eight percent of manufactured home residents are behind on their housing payments, compared to 12 percent of single-family home residents, and 18 percent of residents in small-to-mid-sized multi-unit buildings.
The Acting Director says, given its roots in the aftermath of the Great Recession, CFPB is uniquely equipped to address the current looming housing crisis and, where possible, will use its authority to keep people in their homes. It will also try to coordinate public and private efforts to save homes and attempt to prevent the weight of this crisis falling upon communities which are already struggling. “In those unfortunate instances where families can no longer stay in their homes, we will do everything we can to ensure that people are treated with dignity, families are able to preserve as much of their equity as possible, and everyone can make a smooth transition to other safe, secure, and affordable housing.”
Lenders, landlords and mortgage servicers are also working to keep people in their homes. Lenders realize the chaos of the last housing crisis wasn’t good for their bottom line, either. Most mortgage servicers are reaching out to the record number of homeowners in forbearance and other homeowners struggling to make payments. Many landlords have dipped into their own savings or run up credit card debt to cover expenses during the pandemic.
The report notes that Federal Housing Finance Agency, FHA, VA, and USDA have extended most of the pandemic relief measures through at least June 30, 2021. After that date, families who cannot resume making regular payments will need to make an agreement with their lender to avoid foreclosure. Residential eviction protections for renters are extended through March 31, 2021.
Uejio says it is a priority to get a firm picture of the crisis and he has directed CFPB research teams to increase efforts to track mortgage performance metrics and evictions. “We need to know more about homeowners and communities to help them overcome the inevitable financial impacts of a crisis of this magnitude. While there are significant differences compared to the last mortgage crisis, including a more stable mortgage market and substantial homeowner equity, we need to know more.
“We don’t know if the most vulnerable communities, hit the hardest by COVID-19 and its financial impacts, have sufficient equity to buffer them from the consequences of extended forbearances and job loss. Cascading foreclosures in a neighborhood can bring down housing values, shrinking equity. Families hit hardest by the pandemic and its financial impacts may not be able to find adequate alternate and safe housing, even if they are able to sell their homes without losses. The scale of housing insecurity among both renters and homeowners presents new risks to families and the communities they live in. We will be working hard to understand these interlocking risks.”

.fusion-body .fusion-builder-column-1{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-1 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:980px) {.fusion-title.fusion-title-1{margin-top:15px!important;margin-bottom:0px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-1{margin-top:10px!important;margin-bottom:10px!important;}}MUSINGS BY DIANE:foreclosureSince the COVID “rescue” policies went into place I have been warning my clients not to use any forbearance, mortgage or rent, unless ABSOLUTELY NECESSARY.  Why?  Because, unless they are extremely lucky, hit the lottery or inherit lots of money, they will still have to bring the missing payments current at the end of the forbearance.  A few lenders may offer to put the missing payments to the end of the loan, but there is no guaranty.  Most likely the lender will want all of the missing payments immediately, just like the missing rental payments.  So, if your home is important or you want to stay in your current apartment, do everything possible to keep the payments current. 
Bankruptcy attorneys are gearing up for a huge onslaught of new clients by fall of 2021 or the beginning of 2022.  Great for the attorneys, but terrible for their clients.  But, if that is the only way to save the client’s home, then bankruptcy may be an option.  Please seek competent advice before taking a “freebee”,  you may not like the consequences.

@media only screen and (max-width:980px) {.fusion-title.fusion-title-2{margin-top:0px!important;margin-bottom:6px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-2{margin-top:10px!important;margin-bottom:10px!important;}}– Diane L. Drain.fusion-body .fusion-builder-column-2{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-2 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 30px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 45px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-2{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}.fusion-button.button-1 {border-radius:10px;}.fusion-button.button-1.button-3d{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}.button-1.button-3d:active{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}Click here for steps to your free bankruptcy consultation
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.fusion-body .fusion-builder-column-5{width:75% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-5 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 15px !important;margin-right : 10px;padding-bottom : 0px !important;padding-left : 15px !important;margin-left : 10px;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-5{width:100% !important;order : 0;}.fusion-builder-column-5 > .fusion-column-wrapper {margin-right : 10px;margin-left : 10px;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-5{width:100% !important;order : 0;}.fusion-builder-column-5 > .fusion-column-wrapper {margin-right : 10px;margin-left : 10px;}}.fusion-body .fusion-flex-container.fusion-builder-row-4{ padding-top : 0px;margin-top : 5;padding-right : 0px;padding-bottom : 0px;margin-bottom : 20px;padding-left : 0px;}
The post With Protections Expiring, Millions are in Danger of Losing Their Home appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.


4 years 17 hours ago

Businesses that are struggling with debt often consider a bankruptcy petition. Most choose this legal process to be free from some (or possibly all) of their creditor debts.
After facing a huge unforeseen lawsuit filed against the company, some are forced to declare bankruptcy. As such, business owners associate bankruptcy cases with the feeling of failure, hardship, and loss. It is regarded as a last resort when a business hits rock bottom due to financial problems. This should not be the case.
Being bankrupt does not necessarily mean reaching the end game. There are positive and negative effects of bankruptcy that you need to know for you to achieve debt-settlement and have a fresh start even after you fail. There are various ways of declaring bankruptcy depending on the severity of your financial situation. Talking with  Washington bankruptcy attorneys can help you make the right decision.
A company has to take into consideration several factors and laws before filing for bankruptcy. Some people who file for bankruptcy believe that this will instantly pay-off all their debts and financial obligations. However, that is not the scenario in the real world. When declaring bankruptcy, the debtor and creditors have to negotiate for an agreement to pay under certain provisions and stipulations. 
Chapter 7
Bankruptcy FilingTo begin with, a business owner has to be knowledgeable about the different types of bankruptcy. The most common types are Chapter 7, Chapter 11, and Chapter 13. Each bankruptcy form has different terms and conditions that you need to consider before you settle. Chapter 7 is regarded as the most typical bankruptcy chapter. When you decide to file this, a bankruptcy trustee manages the liquidation of all your essential assets and personal properties, then proceeds to use it to pay as much of your debt as possible. You have to be below the standard monthly income level to qualify under this category. This is a good option if you cannot pay all existing debts that you owe or if you are sued and threatened by a lawsuit filed against you for unpaid debts. On the other hand, the downside of Chapter 7 is the fact that the bankruptcy filings will be kept on your credit report for ten years. 
Chapter 11
The next bankruptcy form is Chapter 11 reorganization. This type is all about restructuring your debts strategically for you to guarantee repayment over time. This is applicable for businesses that continue their operations even before and after filing bankruptcy. It does not use liquidated assets; however, this will also appear in your credit report for ten years.
Chapter 13
Chapter 13 is somehow similar to Chapter 11 since it also requires you to reorganize the total debt owed. The difference is that in this chapter, the filed bankruptcy will be kept in your credit record for only seven years. It is a form of installment payment plan that will allow you to repay your debts within a span of three to five years without the need to liquidate your assets.
Given all this information on bankruptcy pros and cons, it all boils down to the fact that your credit score is greatly affected by the incident. You might find it difficult to be endorsed for a new loan or credit after bankruptcy, but then again, there is still a chance of rebuilding credit as long as you maintain your excellent post-bankruptcy credit practices. 
If you have doubts about the bankruptcy process and best debt solutions, do not hesitate to contact us at Northwest Debt Relief Law Firm for legal help and schedule a consultation with our experienced bankruptcy attorneys.
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4 years 1 week ago

A powerful story from one man who refused to be bullied to one of the devious debt collectors:
Millions Are Hounded for Debt They Don’t Owe. One Victim Fought Back, With a Vengeance
Andrew Therrien wanted payback. He got it—and uncovered a conspiracy.  “It begins when someone scoops up troves of personal information that are available cheaply online—old loan applications, long-expired obligations, data from hacked accounts—and reformats it to look like a list of debts. Then they make deals with unscrupulous collectors who will demand repayment of the fictitious bills. Their targets are often poor and likely to already be getting confusing calls about other loans. The harassment usually doesn’t work, but some marks are convinced that because the collectors know so much, the debt must be real.

The problem is as simple as it is intractable. In 2012 a call center in India was busted for making 8 million calls in eight months to collect made-up bills. The Federal Trade Commission has since broken up at least 13 similar scams. In most cases, regulators weren’t able to identify the original perpetrators because the data files had been sold and repackaged so many times. Victims have essentially no recourse to do anything but take the abuse.”

This article goes on in detail about the years that Therrien spent tracking down the frauds and international schemes.  In May 2016, Therrien emailed his discoveries to the FTC. A lawyer replied right away: “Andrew, we need to talk about this.” Therrien also gave his intel to some private lawyers who were going after Tucker in Texas. They contacted Harsh, and in August 2016 he submitted an affidavit to the court. Harsh, who declined to comment for this story, testified that Tucker had asked him to manipulate a database of almost 8 million payday-loan applications, writing in a made-up lender and adding an amount owed of $300 for each person.

.fusion-body .fusion-builder-column-1{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-1 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 0px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 0px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-1{width:100% !important;}.fusion-builder-column-1 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:980px) {.fusion-title.fusion-title-1{margin-top:15px!important;margin-bottom:0px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-1{margin-top:10px!important;margin-bottom:10px!important;}}MUSINGS BY DIANE:If you read the article above you will see it took one man years to expose this on-going conspiracy of mass fraud on our friends, relatives, and, perhaps, ourselves.  Tucker (the founder of this scam) is a sorry human being.  He whines that he is tired of being attacked, yet he never takes ownership that he caused this mess.  He hurt thousands of others who did not have the energy to do what Therrien did for the rest of us.  We should all send our thanks to Andrew Therrien for looking out for us and bringing a few bad guys to justice. 
@media only screen and (max-width:980px) {.fusion-title.fusion-title-2{margin-top:0px!important;margin-bottom:6px!important;}}@media only screen and (max-width:640px) {.fusion-title.fusion-title-2{margin-top:10px!important;margin-bottom:10px!important;}}– Diane L. Drain.fusion-body .fusion-builder-column-2{width:100% !important;margin-top : 0px;margin-bottom : 0px;}.fusion-builder-column-2 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 30px !important;margin-right : 1.92%;padding-bottom : 0px !important;padding-left : 45px !important;margin-left : 1.92%;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-2{width:100% !important;order : 0;}.fusion-builder-column-2 > .fusion-column-wrapper {margin-right : 1.92%;margin-left : 1.92%;}}.fusion-body .fusion-flex-container.fusion-builder-row-2{ padding-top : 0px;margin-top : 0px;padding-right : 0px;padding-bottom : 0px;margin-bottom : 0px;padding-left : 0px;}.fusion-button.button-1 {border-radius:10px;}.fusion-button.button-1.button-3d{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}.button-1.button-3d:active{-webkit-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);-moz-box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);box-shadow: inset 0px 1px 0px #fff,0px 5px 0px #003d00,1px 7px 7px 3px rgba(0,0,0,0.3);}Click here for steps to your free bankruptcy consultation
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.fusion-body .fusion-builder-column-5{width:75% !important;margin-top : 0px;margin-bottom : 20px;}.fusion-builder-column-5 > .fusion-column-wrapper {padding-top : 0px !important;padding-right : 15px !important;margin-right : 10px;padding-bottom : 0px !important;padding-left : 15px !important;margin-left : 10px;}@media only screen and (max-width:980px) {.fusion-body .fusion-builder-column-5{width:100% !important;order : 0;}.fusion-builder-column-5 > .fusion-column-wrapper {margin-right : 10px;margin-left : 10px;}}@media only screen and (max-width:640px) {.fusion-body .fusion-builder-column-5{width:100% !important;order : 0;}.fusion-builder-column-5 > .fusion-column-wrapper {margin-right : 10px;margin-left : 10px;}}.fusion-body .fusion-flex-container.fusion-builder-row-4{ padding-top : 0px;margin-top : 5;padding-right : 0px;padding-bottom : 0px;margin-bottom : 20px;padding-left : 0px;}
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4 years 1 week ago

five-star“I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best!D.C.

For a review I decided to do something a little different, which is to adapt my last email letter because it illustrates my elation and good spirits after completing the bankruptcy experience with the noble assistance and guidance of Diane and Jay:  “Hi Diane, thank you for the two recent emails: ‘Good news — your discharge was entered,’ and especially this one, ‘Great news — your case is now closed!’  Hallelujah, I just love it so! Thank you so much for your diligent work and wise guidance all along the way. Now to think of a proper celebration, in the spirit of your ‘fireworks’ email. For starters, I just might take my dogs (my spirit warriors) through the Dairy Queen drive-thru where they have free ‘pup cups’ for any dogs on board (as well as a Blizzard with my name on it, no doubt!) Also, now that it’s all over but the shouting, you can count on me for a very favorable review, as well. I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best! Thanks again!” Respectfully, D.C.

 
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The post I couldn’t have done it — wouldn’t have dreamed of even trying — without you and Jay. You’re the very best! appeared first on Diane L. Drain - Phoenix Arizona Bankruptcy Attorney.


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