6 Tips On Choosing A Bankruptcy Lawyer

Author: bussiness // Category:
By: James C.Cameer

When all else fails, when you have tried a debt consolidation company and they are not able to help, and when your financial state is too dire to solve, the only solution is to file bankruptcy. However, filing bankruptcy is not such an easy procedure. One of the main problems of filing bankruptcy is getting the right lawyer!

If there is anything worse than filing for bankruptcy, it's having to do so and then hiring the wrong attorney for the job. For many lawyers, bankruptcy filings have become a volume business, and debtors facing bankruptcy sometimes unfortunately obtain inferior legal services. For this reason, you'll need to do some research before hiring a bankruptcy lawyer.

Top 6 Tips on Getting a Bankruptcy Lawyer
Here are 6 tips to help you find the best attorney to handle your bankruptcy filing. Remember, do not just get any lawyer, the lawyer you get must be a lawyer specializing in bankruptcy.

1. Do not procrastinate. The idea of hiring a bankruptcy lawyer is daunting by itself, but the more you procrastinate, the worse the situations will become. Do not let this prevent you from beginning your investigation for a good lawyer as soon as you know you're going to need one. Waiting until the last moment won't give a good attorney enough time to adequately prepare your case.

2. Seek the advice of other legal professionals. Ask yourself which business acquaintances you know, who might in turn know a good bankruptcy lawyer. If you have a personal attorney, that's a good place to start. Understand, however, that bankruptcy law is a specialty. If your lawyer offers to handle the case as part of your usual retainer, be certain he knows his way around bankruptcy court.

3. Spend a day at bankruptcy court. Observing bankruptcy attorneys in action might give you an idea of the type of lawyer you want representing you. At the court you can also find out which local attorneys specialize in this form of law.

4. Do not hire the cheapest lawyer. Obviously, in this circumstance you do not have a lot of cash to spare. But like most things in life, you get what you pay for. You want a lawyer who knows the system, and who will do the best job of representing you. That may end up costing a little more. Your local bar association can probably help you determine whether a proposed fee is fair and in line with local standards. Anybody who charges too much or too little probably shouldn't be your lawyer of choice.

5. Visit law offices. An office appraisal can give you vital clues as to how a lawyer would handle your case. Look around the office and see how well organized it is. Is it neat, or are there coffee-stained folders strewn about the floor? You wouldn't go to a doctor with a dirty examining room; do not hire a lawyer with a disorganized office.

6. Ask lots of questions. Once you have some candidates in mind, ask them the following questions (The answers to each of these questions are critical, so if you get evasive answers, it's probably a red flag that this is not the firm for you):

What certifications do you have?
How many bankruptcies have you handled?
How many do you handle in a month or year?
Of those, how many are business filings?
How much access will I have to you during my filing?
If I'm not working directly with you, who will I be working with?
Can I interview the person with whom I would be working?
What time frame do you have for this bankruptcy?
How will the procedure work?

Remember, it is very critical that you get the right lawyer for the job. You have to be comfortable with the lawyer and the lawyer has to be convincing to you as well. How else can the lawyer help you if you are not comfortable with him? Choose wisely, do not rush into a decision, run through the six steps above again and again until you are certain you have the right lawyer!

How do you Avoid Bankruptcy? Solutions and Advice at AvoidBankruptcy.ewhy.info

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Debt Relief or Bankruptcy

Author: bussiness // Category:
By: Nathan Dawson

Money is a tricky thing and sometimes can be hard to manage. As many of us watch our debt pile up and the interest keeps accruing it can become very overwhelming and devastating. These factors are magnified by the confusion that creditors create with tricky payment terms and hidden and outrageous fees. Needless to say, when you are in over your head, creditors take very little sympathy for you. They want their money, and they don’t care how they get it.

If you are one of the millions of people in this country struggling to keep your head above water it often feels like it’s you against the world. When you have severe debt, there are usually two options, enlisting the services of a debt relief organization or declaring bankruptcy. While many of us know the ground rule for declaring bankruptcy, debt relief organizations are still huge benefactors about which, little is known. Debt relief services offer a way out. They can help consolidate your credit card bills, tuition loans, and medical bills all into one monthly payment that you and the debt relief organization set together. If you are in debt this is an excellent way to reduce your debt.

By using a debt relief organization you should no longer receive those harassing phone calls from collectors. The monthly payment is a fixed rate and will never increase. You are no longer dealing with collections or a specific credit card company. The debt relief process works by consolidating all your bills, and the debt relief organization makes an agreement with your credit card company to make the payments upon your behalf. In turn you pay the debit relief organization your monthly payments. Thus taking you out of direct contact with the creditors and reduces you debt faster than you could on your own without interest continuing to pile up.

Your alternate option to using a debt relief service is to declare bankruptcy. By declaring bankruptcy you are protecting all of your inherit assets and stating that you can not pay your debt off. This relinquishes you from debt and without paying back the money you owe. However it is strongly advised not to go this route as recovery from a bankruptcy declaration will take seven years to recuperate from on your credit report. Although it looks like the easier of the two, declaring bankruptcy has severe long term consequences. The chances of you ever having good credit again are nonexistent. It will be extremely difficult for you to obtain a loan or even a credit card. Another thing to take into account is whether you will ever need to make a large purchase such as a car or home. If you declare bankruptcy you are not longer qualified to receive a loan. Though there are a handful of organizations that will loan you money, they will only do so at tremendously high interest rates and sometimes unethical business practices.

There may be other options than these listed here that would require special circumstances and considerations. However these are the general choices you have. By going with a debit relief organization you are ensuring a better future you and your family. Declaring bankruptcy has negative consequences and should be considered a last resort. Remember, working with a debt relief organization should take up to five years to get everything paid off but being debt free is a wonderful feeling regardless on how you get there.

Nathan Dawson writes for www.inchargeorg.org a great online source for finance information in dealing with bad credit, debt management, as well as bankruptcy.

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Bankruptcy: Why the Different Chapters

Author: bussiness // Category:
By: Nathan Dawson

Whether you hit a few to many “rainy days” in you past such as a job loss or a divorce, or you were simply a little too hap-hazard with credit cards in the past you may be in over your head and wondering which route to take to get out of the red and back on your feet. Between debt management, credit counseling, and the 13 dozen debt consolidation companies out there it can get really overwhelming really fast. Add the option of bankruptcy to the equation and even the most decisive and determined person will be thrown into overload. To ease the confusion, for those seriously considering a bankruptcy declaration, here are some factors to consider when looking into the different bankruptcy chapters.

Chapter 7 bankruptcy has always been the most common among individuals. When filing chapter 7 bankruptcy, as with all chapters, the declaration does stay on your credit report for ten years. During this time you will most likely only qualify for secured, high interest credit cards. Under chapter 7 you can expect all of your property to be liquidated except for some items which may fall into the “exempt” category including tools of one’s trade, a minimal amount of “personal effects”, and sometimes a small amount of home or car equity. Depending on which state you live in filing chapter 7 bankruptcy can often mean losing your home. Chapter 7 bankruptcy is also known as the “fresh start” as in most cases of chapter 7 the debtor is discharged of their liability.

Chapter 13 bankruptcy is often called “reorganizing” your debt. While in chapter 7 most of your property will be sold by your creditors to recuperate some of the cost of your debt, chapter 13 forces you to pay some or all of your debt, usually at better terms or. This type of bankruptcy is more of a form of rehabilitation though it does still appear on your credit report for ten years. Those with an income higher than the median income in your state may be forced to bypass chapter 7 and file for chapter 13 bankruptcy. During the “reorganization” phase, which generally last three the five years, you will be given an allowance by the IRS from your own paycheck. This allowance will have to cover housing, transportation, and some should be allocated to savings, while the rest of the your paycheck will go toward paying down your debt. In many cases a huge change in lifestyle is necessary to accommodate your assigned allowance.

Chapter 11 bankruptcy is more commonly a method reserved for businesses than individual consumers due to the complexity and high cost. Most often a business is still allowed to operate while in the process of filing though it will do so under close supervision. Chapter 11 bankruptcy gives businesses the opportunity to restructure and remove themselves from overly taxing contracts.

Hopefully a clear concise understanding of each bankruptcy chapter will help to put everything in perspective to help guide you on your way to recovery. Filing for bankruptcy, regardless of whether it is chapter 7, 11, or 13, is a huge undertaking. But rest assured, once the papers are signed it’s all about the recovery and in the end it may be the best thing you’ve ever done for yourself and your family.

Nathan Dawson writes for www.mybankruptcycounseling.com a great online source for finance information regarding bankruptcy laws, alternatives and support.

Article Source: http://www.eArticlesOnline.com

Five Rules to Consider Before Filing Banckruptcy

Author: bussiness // Category:
By: Nathan Dawson

Upon first recognition that you need to take drastic measures against your mounting pile of bad credit, it can be overwhelming. So many different avenues to take, do you want to file chapter 13 bankruptcy or do you qualify for chapter 7? And how exactly is chapter 11 bankruptcy any different? You’ve made the tough decision to file bankruptcy, now you just don’t know where to start. Here are some tips on what to do first when facing a financial crisis.

Bankruptcy Rule 1: Stop using your credit cards. Using credit cards with intent to file for bankruptcy will give creditors the opportunity to challenge your discharge of the debt. If you’ve accumulated the debt knowing you could not repay it creditors have the option to nullify your debt discharge- usually done through a lawsuit or adversary proceeding. Lesson one, no more charging. Period.

Bankruptcy Rule 2: See to it that there are no other options for you to utilize. Between debt management, credit counseling, and all the untrustworthy organizations promising a quick fix, there is no doubt that it will require some homework. But do your research and make sure that there isn’t a more gentle method of cleaning up your credit before you resort to the big “B”.

Bankruptcy Rule 3: Once you’ve narrowed down your options and filing bankruptcy is the only one that seems like it will work for you and your situation, find a good lawyer. Many people try to go through this process on their own and end up losing big in the end. Proper legal council will guide you through the process, offer advice on which chapter of bankruptcy is best for you, and will be a huge asset if it comes down to negotiating for better terms with your creditors.

Bankruptcy Rule 4: Figure your costs. Bankruptcy filing fees vary widely from state to state and naturally different lawyers will have different fee schedules, some charging a flat fee, others charging based on how deeply you are in debt. Still other require you to pay up front before they even start the process, but once you have started working with a lawyer, refer all creditors to this office.

Bankruptcy Rule 5: Depending on whether you’re filing for chapter 7 or chapter 13 bankruptcy, prepare to give up some of your belongings. Exempt items such as tools of your trade and low value heirlooms are considered exempt items. All others fall in the non-exempt category and are likely to be sold so that payments can be made to your creditors. Payment amounts differ between chapters; in chapter 7 bankruptcy you may never have to pay a creditor and had all of your debt written off. However if filing for chapter 13 bankruptcy you will be put on a three to five year payment plan at the end of which any outstanding debt will be written off. Again a good lawyer will be able to tell you which one would help more for your specific situation.

If you file chapter 7 bankruptcy, on the 60th day after meeting with your creditors to negotiate the terms of your bankruptcy declaration, your creditors forfeit the right to challenge any and all of your discharge and you will receive a notice of discharge. This notice will come within 30 – 60 days after your final payment under a chapter 13 bankruptcy filing Best of luck in all your endeavors and may your financial recuperation be speedy.

Nathan Dawson writes for www.mybankruptcycounseling.com a great online source for finance information regarding bankruptcy laws, alternatives and support.

Article Source: http://www.eArticlesOnline.com

Bankruptcy Explained

Author: bussiness // Category:
By: Tim Renolds

Whether or not we want it to or mean it to, often times our debt can become out of hand, to the point that we can no longer control it. It does not occur because we expect it, it occurs because we live in an age where credit is everything. In fact, many people do not even accept cash for a variety of things, for example, online shopping. All online shopping opportunities takes credit cards only. We will use credit for so many different items, that before we know it we begin to become overwhelmed and have the inability to pay the credit when the time comes.

When it comes to bankruptcy, this means that you are legally declaring that you have the inability to pay your creditors. Bankruptcy was formed in efforts to allow the debtor to have a fresh start within their life, this will allow the debtor to be relieved of most of the debts they have incurred. Additionally, bankruptcy gives creditors some rights as well, because it can allow them to recoup some of their money to the extent of the debtors ability to pay. There are various laws in place that allow the debtor to make use of non-exempt property in efforts to pay the creditors. Many pieces of your property will be exempt; however, it is possible that you have some non-exempt items.

Within the United Kingdom, the word Bankruptcy only applies to partnerships and individuals. Corporations are required to declare other types of legal insolvency such as administration, liquidation, and administrative receivership. The typical bankruptcy procedures last no more than one full year, often less depending upon the trustee in bankruptcy.

When a person has filed for bankruptcy, all credit collection must end. Companies are not allowed to pursue, call, mail, visit, repossess, or otherwise sue the debtor, for the purposes of debt collection. If a company chooses to do so, they will likely be held responsible by the court of law and to the debtor.

Bankruptcy is to be used as a last result; there are many other steps you could take to help eliminate your debt prior to filing for bankruptcy. Other options available to you include debt consolidation, credit counseling, and negotiation with your creditors, make a formal proposal with the creditors, and learn to manage your money yourself. It is important that you fully investigate all of your options and learn what steps you can take to obtain a debt free life.

Tim Renolds is the owner of Debt Consolidation Loan providing Uk homeowners with a free loan quote service. Visit us today for a free no obligation quote.

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Tips For Getting Finance After Bankruptcy

Author: bussiness // Category:
By: Mary Wise

If you have gone through bankruptcy you probably think that there are no chances of you getting finance again for many years. The truth is that bankruptcy is really a drawback when it comes to applying for a loan or credit card.
However, if you follow these guidelines you’ll be able to improve your credit score and recover you ability to obtain finance.

Unless you are willing to pay terribly high interest rates, you should try to raise your credit score as much as possible. The lower your credit score, the higher the risk for the lender to grant you a loan and the higher the risk, the higher the rate. This is unavoidable, of course there are special situations that may have caused your financial breakdown, but there are no means to avoid this and lenders can’t take subjective facts into consideration when it comes to fixing the interest rate.

Repairing your credit
Repairing your credit may take some time, but here is the way to start. Open a savings account and start making regular deposits. You don’t need to deposit large amounts, but the fact that you have an income that lets you put away an amount of money regularly will soon be recorded to your credit history and will highly contribute to raising your credit score and improving your credit history. This is just the first step but as a first step, the most important one.

Credit Cards
Once you’ve a reasonable amount of money in your savings account, use it to apply for a secured credit card. Secured Credit Cards are just like regular credit cards only that you can only borrow the money that you’ve previously transferred to an account. There is no risk for the card issuer so you’ll be able to get it even if your bankruptcy is close in time and your credit is not that good.
After using your secured credit card for a while you can apply (if you haven’t been offered one yet by that time) for an unsecured credit card. Your credit score improvement will most surely let you get approved without hassles. Make sure you use the card wisely, make small purchases pay the credit card balance always in full if possible, and never miss a payment nor make late payments.

Using your credit card wisely will help you skyrocket your credit score. Now is the time to start requesting small personal loans. Asking for small loan amounts will guarantee that you’ll get approved. Your regular monthly payments will do the rest, your credit score will soon reach a status where you’ll be able to request personal loans at very reasonable interest rates.

Final Steps
At this time you should have reached a good credit tag and you’ll be able to obtain any financial product that you need. Refinancing your home loan would be the next wise step to continue improving your credit score. Or you could request a home equity loan. Either of them will prove to future lenders that you are able to commit to repaying higher amount loans and that you’ve finally put behind your bankruptcy.

Mary Ann Wise, a professional consultant with more than twenty years in the financial field, is currently committed to helping people in the process of securing personal loans, mortgage, refinance or consolidation loans and preventing consumers from falling into the hands of fraudulent lenders. In one of her websites: www.badcreditloanservices.com you will find more useful tips and interesting articles on this subject and other financial related topics.

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How Bankruptcy Assistants Work

Author: bussiness // Category:
By: Lange, Todd

More and more Americans are finding themselves neck-deep in debt, and as a result, more of them are filing and declaring bankruptcy. Lawyers are finding big business in bankruptcy laws and handling bankruptcy cases. But they are not the only ones finding money in helping people recover their losses and start anew. There is a new and emerging trend of bankruptcy assistance. There are actually other individuals and companies that know of people's cases other than the court and their lawyers. They are the bankruptcy assistants.

These bankruptcy assistants work in two ways. A debtor has the option to contact a bankruptcy assistance service and have them arrange and compile necessary files and forms for him. This is especially helpful if a debtor wants to apply for bankruptcy the DIY way. However, these assistance service do not provide legal advice, they merely collect all pertinent information that a debtor need for declaring bankruptcy. This lack of legal advice seems to throw people off the service. To address this lack, these companies often affiliate themselves to lawyers. Lawyers get the full benefit of processing bankruptcy case with less stress for a small fee.

Bankruptcy lawyers are often saddled with several cases. They need to file forms, handle inquiries, and prepare petitions for different clients. They get so overworked which increases the chances of missing an important detail or a problem in the proceedings. Bankruptcy assistance companies see this as an opening to have stable clients and a wide market. Before debtors worry about their files sitting on someone else's desk other than that of their lawyers, these companies are certified by the lawyers association. Their staff also have to undergo specific training before becoming bankruptcy assistants.

How do bankruptcy assistance services function? They benefit both debtors and bankruptcy lawyers alike by reducing the hassles of preparation. They relieve lawyers of the client inquiry and updating calls. This saves lawyers the exasperation of listening to several clients asking the same nuisance questions. Debtors need not worry because they connect calls to your lawyer's line if the matter is pressing enough. Otherwise, they handle all general calls such as updates on the status of applications and lacking requirements. These phone conversations or correspondence are filed and documented for the lawyer's review. He does not miss any information except for the frantic sounds of clients's voice. Bankruptcy assistants also alert lawyers of possible problems concerning a client's application. They also conduct interviews and other means to get the necessary information pertinent to the application. Lawyers also save storage space because all files and folders about bankrupt clients are kept by the company confidentially. Aside from more storage space, lawyers also have file back-ups if the need arises.

As money is the main concern of bankrupt clients, they do not have to pay for the service. It is the lawyers who shoulder the amount because it is their prerogative to get a bankrupt assistance service. Clients are able to sit back and wait for their fresh start with constant reminders and updates from friendly bankrupt assistants.

For more valuable information on Bankruptcy Assistance, please visit www.bankruptmiami.com

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Bitten By Bankruptcy?

Author: bussiness // Category:
By: Yannis Loucopoulos

Research at The Debt Line has shown that up to 1 million people are on the verge of declaring themselves bankrupt as they struggle to cope with thousands of pounds worth of debt.

Bankruptcy is an option that often has to be considered when an individual cannot pay their debts as they fall due. A first time bankrupt with debts will generally receive their discharge one year after the date of the bankruptcy order.

Bankruptcy is the most drastic method available for dealing with debts you cannot pay. It can however set you free from overwhelming debts so you can make a fresh start, and makes sure your assets are shared out fairly amongst your creditors. However there are many implications of bankruptcy. During your bankruptcy you will be subject to several restrictions, which can be avoided through an alternative to bankruptcy such as an IVA. Anyone can go bankrupt, and there are different insolvency procedures for dealing with companies and for individuals who become bankrupt.

Applying for an IVA is a regularly looked at as an avoidance from bankruptcy. The IVA enables you to cut your debts to an affordable level and clear them over a fixed period. The compromise should offer a larger repayment towards your debt than could otherwise be expected were you to be made bankrupt. You can even take out a fresh mortgage while in an IVA. What's more, it is a totally private arrangement - nobody needs to know about it apart from you, your advisors and your creditors. An IVA ensures that your home is protected and your job is not at risk and with The Debt Line an IVA can write off up to 75% of your debts.

There are so many advantages of an IVA. For example, there is not the stigma or the publicity that normally accompanies bankruptcy and the debtor can continue to trade in a business to generate money. It can give the peace of mind to have a fresh financial start.

The implications of bankruptcy are simple. Some of these disadvantages are: loosing control of your assets, not being able to act as a company director (if you wish to do so), being publicly examined in court and your credit being affected for many years after the annulment. It seems that as far as The Debt Line are concerned, the bankruptcy route could be very much avoided.

One in 8 of those with five-figure debts say they are 'quite likely' or 'very likely' to declare themselves bankrupt. Also, with an interest rate rise looking more and more definite, these figures are expected to grow. With the help of The Debt Line a growing number of people will be finding alternative ways to get themselves out of debt.

Are you looking for debt consolidation or debt management? For more information on debt management and bankruptcy, you may visit www.thedebtline.co.uk/

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Your Credit Score Can Be Destroyed By Simple Credit Inquiries

Author: bussiness // Category:
By: Thomas Rendleman

What you don't know about credit inquires can destroy your credit score and effect what you can qualify for. Whether you are shopping for a cell phone, car, home loan, insurance, or just curious about wanting to see what you could qualify for, a credit inquiry can cost you points on your credit score. Even a reduction in credit points may seem trivial. A change in credit points over a 30 year period can cost 1000's if not 10,000's of dollars in higher interest payments. Furthermore to some it can mean the difference of being able to qualify for a home, car, or other financing that is necessary in today's world. Usually a credit inquiry will result in a less than a five point reduction in your credit score. However with multiple inquiries comes the likelihood that the score will plummet and the interest rates for purchases will go up. This will result in the consumer with a lower credit score to make higher payments for home, car, of other credit purchases.

There are several different credit inquiries. An inquiry for a specific purchase will have a freezing point for a 2 week period. In other words if you were shopping for a car you could have your credit pulled, (also called an credit report inquiry) at several car lots during a two week period and it would only count as one inquiry. This type of inquiry usually results in less than five point drop in the credit score. This is because the credit bureau considers all the credit inquiries done in the two week period for the same credit purchase to only affect the credit score once.

The second type of credit inquiry is when a person is attempting to obtain different types of credit that is not related, such as car financing inquiry and purchase of a cell phone. These two items are not related. When an inquiry is placed on the credit report it will cause the score to go down. This results in the score going down twice because of the different types of credit inquiries. Applying for credit to see what you can get and trying for different types of credit can lower your score significantly enough not to qualify for credit purchases at all.

Another common credit inquiry is when a marketing company purchases a list from the credit bureau. Then the company uses that targeted list to send out unsolicited pre-approved credit offers. These offers usually come by mail and this type of inquiry does not affect your score. The credit bureau's theory is it would be unfair to penalize a person who hadn't inquired about a credit purchase and had no control of receiving the unsolicited offer. Even though these offers do not affect your credit score they can be an annoyance. This type of offer can be used by potential thieves as a source for identity theft or credit fraud. For that reason any unsolicited credit cards should not been thrown in the trash prior to shredding them completely.

Reviewing your own credit from credit bureau sources will not affect your credit score. Your credit request (for simply review) does not hurt your score. It is your right to know what is in your complete credit file. The information on these credit reports are identical to what a lender, underwriter or creditor will see. However the credit scores on these credit reports can vary because of the way credit bureaus interpret your score. When considering a purchase of a home or car it is always best to check with a professional in that field of financing. That expert can help you determine the score that is relevant to your purchase and which credit bureaus will be used.

Your credit score can be destroyed by simple credit inquiries. The way to avoid loosing credit points is to have your loan approved for a car, home, or other credit purchase prior to going on a shopping spree. The difference in a credit score going down even 5 points could result in getting a less desirable interest rate, the credit lender requiring more down payment, or even denial of your desired loan.

Credit Inquiries are supposed to remain on your credit report for up to two years. The fact is you may have to ask the credit bureaus/creditors to have them removed after their expiration. The below numbers are directly to the credit bureaus and will allow you to order your credit reports directly. Reviewing credit through these sources are the best as they won't lower your credit score even when viewed often.

Trans Union 1-866-887-2673

Equifax 1-800-685-1111

Experian 1-888-397-3742

Another good reason to review your credit report inquiries is to protect your credit from identity theft or credit fraud. By reviewing your credit you can see recent inquiries for credit purchases. Should you notice names of unfamiliar creditors, it could be an early sign of identity theft or credit fraud. Simply call the all three credit bureaus and have them place a fraud alert on your credit report. This will stop most credit theft. Today credit fraud and identity theft are more prevalent than ever before.

ABOUT THE AUTHOR: Thomas Rendleman, a licensed real estate broker who can help you pay less interest for your home, car, and even recreational vehicles. Raise your credit score. Get more credit news and other money saving information at his website www.GreatCreditSecrets.com. Save this article for future reference.

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Filing Bankruptcy

Author: bussiness // Category:
Filing Bankruptcy And 3 Helpful Alternatives To Eliminate Your Debt by Dean Shainin

You’ve got some serious debt problems. Take heart in the fact that a lot of people do these days. The key to getting out from under debt is to evaluate the situation you’re in, and then to decide if you’re willing to do what it takes to change it. Are you going to stop using the mall as your playground? If so then you have a chance to get out of debt without resorting to bankruptcy.

In fact there are many tactics to try before you even think of heading to a bankruptcy lawyer. Here are some important considerations and alternatives to help you avoid bankruptcy. New bankruptcy laws make it more difficult to file than it used to be.

From the period of 1994 to 2004, filing for bankruptcy has doubled. Bankruptcy filing has spun out of control with consumers being targeted with easy credit. This has become a major cause for bankruptcy.

What About The New Bankruptcy Laws?

There is now a new law for bankruptcy that was passed called the “Bankruptcy Abuse Prevention and Consumer Protection Act”. People struggling to pay their credit debts are now going to have to deal with this new bankruptcy law.

3 Effective Alternatives To Help Avoid Filing Bankruptcy

1. Contacting creditors is an alternative to bankruptcy. Instead of filing for bankruptcy, you work out payment options with your creditors. In many cases they are very willing to work with you. It’s to their advantage to keep you as a customer. The creditors know the alternatives for bankruptcy will bring them more profits if you don’t file for bankruptcy.

2. Getting a debt consolidation loan is a good alternative for bankruptcy. Financial services can combine all your debts into one loan payment every month. A consolidation loan as an alternative for bankruptcy, can help pay off debts. For bankruptcy consolidation loans, you can shop online for the best terms and rates. Lenders are very competitive to earn your business online.

3. You may also consider a debt workout for bankruptcy alternatives. With a debt workout, an attorney contacts your creditors and makes arrangements. In most cases the monthly payments will be less than if the credit account was settled in full. For some cases they want the payment in full, but over a longer period of time than originally stated on the credit agreement.

Filing Bankruptcy And How To Find A Good Lawyer

If you have decided there is no alternative to filing bankrupty,you may be asking yourself, "how do I find a good bankruptcy lawyer? The best way to find a good bankruptcy lawyer is through referrals. Family members and friends who filed bankruptcy in the past can refer you to a good bankruptcy lawyer. The yellow pages in a phone book is another great place to find reputable bankruptcy lawyers. Another invaluable place to find a good bankruptcy lawyer and services in on the Internet. When you search for a lawyer, try to find a lawyer that deals with your type of bankruptcy. You can get free advice with the first meeting.

What Will I Need For My Bankruptcy Lawyer?

With your first visit, it’s important to bring everything you can on the first consultation. You will need a list of all the creditors and how much you owe for your bankruptcy lawyer to consider. This includes any insurance, medical bills, auto loans, taxes, student loans and any personal loans. Your bankruptcy lawyer can give you the advice you need with this important information. This will make the filing process easier if you do decide to file bankruptcy.

If you’re not going to be able to change your behavior enough to get your debts under control, then you may, at some time, have to resort to bankruptcy.



Dean Shainin offers online bankruptcy and debt advice. For more information, articles, news, tools and valuable resources on bankruptcy and debt solutions, visit this site: Bankruptcy

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Personal Bankruptcy: Last Option To Legally Stop Bill Collectors

Author: bussiness // Category:
I-key Benney

Do you have stacks of unpaid bills?

Are you in debt?

Are bill collectors hounding you?

Are you frustrated and annoyed and wish to get them off your back?

If you answer yes, then pay close attention.

Filing for a personal bankruptcy may be the last option for you.

Sometimes, the formal and legal declaration of personal bankruptcy is the best way to go when youre snowed under with bills, and you just cant see your way clear to survive.

Actually, bankruptcy allows you to make a fresh start. Generally, it takes only a small amount of money, a careful evaluation of your assets and your liabilities. In many cases, a lawyer is not necessary.

If you have very few assets, mountains of debt, and not enough income to meet your obligations, then your best bet is almost always the filing of straight bankruptcy.

What youll need is the proper forms S3010 Bankruptcy forms, for an Individual Not Engaged In Business.

These can be purchased from any full-line office supply store, especially in an area serving attorneys offices.

Youll need to know which district you love in for Federal Court purposes - so look in the white pages of your telephone book under U.S. Government - Courts - and take down the address of the nearest U.S. District Court.

Check it out to be sure that your residence is in this courts jurisdiction.

You then fill out the forms you purchased, listing all of your creditors - those with priority being listed first - meaning those who have extended credit to you against some sort of security or collateral, followed by those who have extended credit to you on just your signature or reputation.

You must be sure to list all of your creditors because any that you fail to list, will be able to sue you and collect even after the bankruptcy has been adjudicated.

At the same time, be sure to include the names of anyone and everyone you may have co-signed a note or a loan for, as well as anyone who may have co-signed for you.

The laws governing personal bankruptcy vary in all states, but generally, a bankruptcy judgment will not take away the house you live in, basic home furnishings, a car thats necessary towards your gainful employment, nor the tools of your trade.

Check these things out to be sure against the list of items regarded as the necessities of life by your state.

When youve got all the forms filled out, and notarized, you take them to the Clerk of the U.S. District Court in your jurisdiction. You pay the clerk $50, and from there, youre home free.

The clerk notifies your creditors, and reminds them that being as youve filed bankruptcy papers, they cannot bother you about your debts anymore.

However, they are invited to your hearing. Usually they dont show up, because by that time, you have very few, if any, nonexempt assets left that they are really interested in.

But, whatever assets you do have that are nonexempt, will be sold by the Court to appease your creditors.

Any money realized from these sales is then added to the total amount of money you may have turned over to the court at the time of your filing, and divided equally amongst your creditors according to priorities.

After all of this has taken place, and usually about 3 months after youve been adjudged bankrupt, you can start all over again to incur debt, pay bills and establish a new credit rating.

However , you should be especially careful about talking with your old creditors because they may attempt to maneuver you into signing a reaffirmation of your old debt.

The thing to do is to be sure that you carefully read anything you affix your signature to, and dont agree to pay on any debt that has already been discharged through your bankruptcy!

In some bankruptcy filings, it is definitely advantageous to hire an attorney to represent you. This is especially try for people who have assets such as real estate they want to protect, and/or people who has been operating home-based businesses or been accused of fraud.

Remember this, if you decide to process your bankruptcy without a lawyer, then it is your responsibility to fill out all the necessary forms accurately and completely, and every bit as precisely as if you had paid an attorney to do it for you.

Leaving out a creditors name or address or forgetting a loan that you co-signed for, will surely bring on litigation against you even after your bankruptcy has been adjudicated.

Be sure you understand all the papers, ask the Court Clerk for advice, and if you run into problems, then take it in to an attorney.

Besides the regular bankruptcy laws, theres also a little-known and little-used method of getting reorganized with your debt, particularly when youve got a steady job and just need more time to straighten your indebtedness out.

This is the wage-earners provisions of Chapter XIII of the Federal Bankruptcy laws.

Basically, these provisions allow you to make new arrangements with your creditors and pay off all your debts over a new 3-year period of time.

When you filed for indebtedness relief under the provisions of this law, nothing is recorded permanently on your credit record.

You get to keep all your assets, but you must pay off all your debts. But, so long as the Court grants you relief under these provisions, and you pay your creditors according to the repayment schedule agreed upon by the Court, your creditors cannot bother you.

Even if they have begun a suit against you, once the Court has given you relief, they cannot touch you!

Once youve filed under these provisions, your creditors are immediately restricted from even contacting you, and get only what the referee or trustee doles out to them.

Often-times, if a creditor threatens to sue you, the most effective thing you can do is to tell him frankly that if he sues you, youll have no other alternative except to file bankruptcy papers.

In many instances, this will cause him to take a second look and to do whatever he can to assist you in paying him the money you owe, but over a longer period of time, and at smaller monthly payments.

The absolute bottom line is that your creditors know only too well that if you do file for bankruptcy, their chances of receiving even half of what you owe is practically nil.

Thus, its in their best interest to do everything they can to help you to continue making payments on the amount you owe, regardless of how small those payments may be.

When a creditor does sue you, and gets a judgment against you, he can then get a court order directing the sheriff to seize your personal property and sell it, with all monies realized going to the creditor to satisfy your debt.

When they see this about to happen, many people connive to make themselves judgment proof. In other words, they hide their assets or move them out-of-state before the sheriff or marshall arrives. This is illegal, but is done as often as not.

Many creditors will attempt to garnishee your wages. This is done by getting a court order directing your employer to set aside part of your wages or salary every pay period and turn it over to him.

First, of course, he has to find out where you work; and even then, in most states, there are limits set relative to how much a creditor can garnishee for your wages.

If you have no job, and no visible assets, or you live in a state where your wages cannot be garnisheed, your creditors actually have very few ways of ever collecting from you.

Many techniques used by creditors and collection agencies are illegal. A creditor or agency can write letters to you; call you once a day in quest of a payment; and even knock on your door to ask about a payment.

But he is forbidden by law to harass you or invade your privacy, or use deceptive means to get you to pay your bills.

He cannot use foul and abusive language over the telephone, tell anyone besides you the reason for his phone call, inconvenience you or in any way threaten your job or your reputation in the neighborhood where you live.

Still, the best idea for reorganization and settlement of your debts when you find yourself in an untenable position, is in-person visits and explanations of your situation with your creditors, and a desire to explore other possible ways of mutual satisfaction without involving collection agencies or bankruptcy.

Give it a try - its a lot easier than most people realize.

Warmly,

I-key Benney, CEO

I-key, a Millionaire CEO from New York City is the creator of Mscsrrr: Millionaire Secret Cash System, (foreign currency market) program which has helped thousands of ordinary people from all over the world to attain financial security and shining success during the past 2 yrs.

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Bankruptcy Is It A Way Out

Author: bussiness // Category:
Darryl Power

Negotiations with creditors have failed. Repossession is imminent and foreclosure proceedings have begun. Your income is simply not sufficient to pay your bills, no matter how low the payments are. It may be time to consider bankruptcy.

Bankruptcy law evolved as a reaction to the abuses surrounding debtors prison. Before the nineteenth century a prison system existed for those who didnt pay their bills. If a merchant filed a claim, the debtor was incarcerated until his debts were paid. (Women were not found in debtors prison, not because of chivalry but because they did riot have the ability to borrow). The lender was legally responsible for the expenses of the prison stay, including food, but seldom paid. After all, a debtor would have to sue in order to enforce this law, and it was rather difficult to sue when in prison. As a result, many borrowers languished in prison for years, surviving on what their family could bring to them or, in many cases, simply starving to death. Although some lenders would doubtless not object to the renewal of debtors prison, fortunately we live in more enlightened times. Bankruptcy was created to provide a second chance (or third, or fourth) to those hopelessly in debt It provides a mechanism to wipe the slate clean and begin anew. As times have changed, though, so has the bankruptcy code. Not all debts can be wiped out. The proceedings can be easily disqualified in the event of improper procedures. There are many things a debtor should know before resorting to bankruptcy.

The Bankruptcy Decision

There are two kinds of individual bankruptcy: Chapter 7 and Chapter 13. Chapter 7 bankruptcy, named for the chapter number in the bankruptcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankruptcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors,

The decision to declare bankruptcy is not an easy one. Unfortunately, many bankruptcy attorneys recommend bankruptcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankruptcy just to avoid a few debts. This is a mistake. Bankruptcy should truly be a last resort as the legal system meant it to be. A bankruptcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankruptcy. Whats more, a Chapter 7 bankruptcy can cost you most of your property. Before making a decision to declare bankruptcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankruptcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.

Negotiate with your creditors

Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankruptcy. No creditor wants to hear the B word. Using bankruptcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankruptcy. Dont try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.

Contact Consumer Credit Counseling

As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you cant negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record.

Consider Chapter 13 bankruptcy

This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isnt enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouses assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.

Non-Dischargable Debts - Bills You Have To Pay In Spite Of Bankruptcy

Certain kinds of debt cannot be automatically eliminated by bankruptcy filing. They must meet certain requirements before being eliminated by bankruptcy. If most of your debts are non-dischargeable, bankruptcy may not solve your financial dilemma. The only ways a non-dischargeable debt can be eliminated through bankruptcy are through an exception being granted by the court, a certain period of time transpiring since the debt was due, or because the creditor does not object to the discharging of the debt. Certain debts can only be discharged by an exception. They are:

Recent Student loans

This applies to student loans that became due within the last five years. Any extension of repayment would be added to this time period. Some courts, furthermore, will only discharge payments that are more than five years past due. So if the student loan was due seven years ago and the payments were originally to be made over a five-year period, you would still be responsible for the last three years of payments. The court may also grant an exception to a student loan if it would produce an undue hardship for you to pay it. This is rarely granted.

Taxes

Federal, state, and local taxes are not dischargeable for at least three years after you file your tax return. Even if youve been tied up in tax court for more than three years, any tax assessed within 240 days of filing for bankruptcy is non-dischargeable. Property taxes are dischargeable if they are over one year late, but the lien against your property is not. The bottom fine is that you can count on the government collecting its tax money eventually.

Child Support and alimony

These can only be discharged in special circumstances, which generally include agreements that have not been court-ordered. If one spouse has agreed to assume more than half of marital debts in exchange for lower support payments, the court may not discharge all debts held by the spouse for bankruptcy. Consult an attorney if this situation applies.

Fines

Neither fines from a court, judge, or government agency nor surcharges, penalties, and restitution, as a general rule, can be discharged in a bankruptcy. The same is true of debts incurred as a result of damage or liability from driving while intoxicated. The debt incurred from intoxicated driving must be established in court and a judgment must be issued by a higher court. Small-claims, traffic, and municipal judgments for intoxicated driving are all dischargeable. Once again, consult an attorney.

Debts not discharged in a previous bankruptcy

If debts from a previous bankruptcy have been found non-dischargeable, they cannot be discharged in a later bankruptcy.

Debts not listed on your bankruptcy petition

If you do not include a debt on your petition, it will not be discharged. Many people filing bankruptcy keep one or more credit lines with small balances or no balance out of the bankruptcy proceeding to preserve part of their credit resources. Another strategy is to reaffirm debts on the condition that credit continues to be offered. The creditor, confronted with a choice between collecting nothing and maintaining your credit, will sometimes choose the latter. Be very careful when reaffirming debt. You are not obligated to and you should have a new written agreement spelling out all of the new conditions.

Other kinds of non-dischargeable debts can be discharged immediately if the creditor does not object If the creditor objects, these debts will be judged by the court to be either dischargeable or non-dischargeable. The creditor can ask that the debts not be discharged if they claim the following conditions existed:

The debt was acquired by Intentionally fraudulent behavior

Fraud in this case is any dishonest act used to obtain credit. Claiming to be someone you are not, or borrowing money when you have no means or intention of repaying it, would be clear-cut examples of fraud. Not disclosing certain relevant facts could also be construed as fraud. If you make a promise and intend to keep it and believe you will be able to keep it, that is not fraud. Creditors tend to be paranoid and believe everyone is defrauding them, so this excuse for non-discharge is often used by creditors attorneys.

Debts Incurred as a Result of False Written Statements

A blatantly false credit application would qualify. The inaccurate statement must be an important fact and one that the creditor relied on in order for the debt to be judged non-dischargeable. A misspelled name or minor error would not render a debt non-dischargeable. Drastically overstating income or misrepresent a job title would be considered fraudulent.

Fraudulent usage

If you charge luxury goods or services in an amount over $500 within 40 days before filing bankruptcy, the debt is likely to be deemed non-dischargeable. The same is true if cash advances are obtained fewer than twenty days before declaring bankruptcy. A lot of small charges, made to avoid pre-clearance, would also be considered fraudulent if you were over your credit limit or obviously unable to pay.

Debts resulting from illegal or malicious acts, embezzlement, larceny, or breach of fiduciary Responsibility

Any money owed because of illegal acts such as embezzlement (taking property left in your safekeeping), larceny (theft), or the failure to fulfill your duties as a trustee can be non-dischargeable. The court will usually de a definition of fiduciary responsibility.

Once youve examined your debts and determined what is dischargeable and what is not, you can determine whether bankruptcy would enhance your current financial situation. There are several other things you should know before you decide whether to file.

Exempt Assets

A common misconception about bankruptcy is that you lose everything you own to satisfy your debts. In fact, the court will allow you to keep many things essential to your well being, and perhaps even a little bit more. Although there is a federal exemption law, only in states and the District of Columbia allow you to use it These states let you choose between the state and federal exemption laws. The in states are:

Connecticut
Hawaii
Massachusetts
Michigan
Minnesota
New Jersey
New Mexico
Pennsylvania
Rhode Island
Texas
Washington
Wisconsin
Vermont

The other states require a person declaring bankruptcy to use state exemptions.

Here are some examples of things that may be exempt, depending on the state in which the petition is filed.

· Personal effects
· Furniture
· Cars (up to a certain amount of equity)
· Tools of a trade
· Equity m a residence (sometimes the entire residence)
· Clothes
· Household goods
· Books
· Jewelry

One very interesting exemption is the homestead exemption. When John Connally, the former governor of Texas, declared bankruptcy a few years ago, many people were surprised that he was allowed to keep his huge mansion, valued at several million dollars. Texas has a homestead exemption that allows anyone petitioning bankruptcy to keep up to one acre in an urban area or 100 acres in a rural area, regardless of value. The ex-governor may have had a very good attorney, but many other states also offer homestead exemptions.

One bankruptcy strategy is to sell non-exempt property before bankruptcy and convert it into exempt property. For example, a Texas resident might sell non-exempt assets and use the proceeds to pay off the home mortgage on her homesteaded property. You would almost certainly want to consult an attorney before attempting this kind of transfer of assets, however, since the court could very easily view such action as an abuse of the bankruptcy laws.

Even if a certain amount of equity is exempt, your creditors can often sell the asset to recover any excess equity you may have. If you own a car worth $10,000, for example, and you only owe $5,000 on it and your state exemption is $1,200, the creditor can sell the car and give you $1,200. Some states allow Wildcard exemptions that can be used to cover the difference.

Knowing which debts are dischargeable and what the law allows a petitioner to keep, a rational decision can be made whether to file for bankruptcy. If you do choose to file, there are several ways of going about it-as well as several pitfalls to avoid.

Taking Action

When youve decided to take action you can begin the filing process. If creditors are knocking on the door and repossession, foreclosure, or garnishment is just around the comer, it may be wise to consider using an emergency filing to obtain an automatic stay. An automatic stay stops creditors from taking any further action until the case goes before a bankruptcy judge. Unlike a bankruptcy filing, which usually contains several pages of information an emergency filing is only one page long and contains a list of your creditors. The rest of the petition has to be filed within fourteen days or the case is dropped. The court will send notices of the pending bankruptcy to the creditors listed, who must cease all further collection action. If they do not cease, send them copies of the automatic stay and request that all further collection action cease. A creditor can ask that the automatic stay be lifted, allowing him to continue collection action. Only a landlord trying to evict you from a rented dwelling will usually prevail, unless there is a long-term lease involved. If you are renting on a long-term lease, which could be considered an asset, the landlord may have to wait for a formal @g in order to evict YOU.

Once the wolves are at bay, another decision will need to be made: whether to hire a bankruptcy attorney. Attorneys, as we all know, are expensive. In the case of a complicated bankruptcy, however, they can be invaluable. If you have quite a bit of property or valuables, if you are trying to move money from non-exempt to exempt assets, if your creditors try to make your debts non-dischargeable because of fraud, or if there are any other complications, you may wish to hire an experienced bankruptcy attorney. Shop around. Dont be afraid to negotiate. Ask a lot of questions and talk to several attorneys before you make your decision.

If you have a very simple bankruptcy or cant afford an attorney, invest $15 in a good do-it-yourself bankruptcy book. It will give in-depth information not covered in this chapter. Typing services am also available to type up bankruptcy forms. They are reasonably priced and, in the case of a very simple bankruptcy, can take the place of an attorney. If your case is complicated and you cant afford an attorney, do your own research. Read a consumer bankruptcy manual first and then consult a good legal library. There are several legal guides devoted strictly to bankruptcy. Once you or your attorney have prepared your case, youre ready for formal work.

The Filing Process

All the appropriate papers can be obtained from your local bankruptcy court. Consult the yellow pages under Government Services (usually in the beginning of the book) for an address and phone number. The court allows you fourteen days from the date of an emergency filing to complete the formal process. If Chapter 7 bankruptcy is being filed, you will need to send in the following forms after you have received them from the court:

· Statement of Financial Affairs.

· Schedule of Current Income and Current Expenditures.

· A schedule describing your debts.

· A schedule describing your property.

· A schedule listing exempt property.

· A summary of the above schedules.

· Statement of Intention in regard to your secured property and what you intend to do with it

· Statement of Executory Contracts describing contract that will need to be fulfilled, such as auto leases.

· Bankruptcy Petition cover sheet.

· Mailing addresses of all creditors.

· Any required local forms.

A fee will also be assessed, usually $90, due at the time of filing. The court will usually accept installments of a four-month period. An application for installments must accompany the petition.

After your petition is filed, a meeting of the creditors will be arranged. The court appoints a trustee to preside over the meeting and to be responsible for the liquidation of assets. With most smaller bankruptcies, only the person filing and the trustee will attend. The trustee, who is usually a local attorney, will ask several questions about the information on the bankruptcy documents. Call and ask the court clerk what papers you will need to bring (usually financial statements or sometimes even tax returns). If a lot of property is involved, especially if it is nonexempt, property, your creditors may show up to protest any exemptions. They may also attempt to grill you about your intent to pay the bill or about lying on your application. Answer truthfully and there shouldnt be a problem.

If the creditors attorneys become abusive, demand a hearing before the bankruptcy judge before the proceeding goes any further. If the creditors object to any of your exemptions, they have 30 days after the creditors meeting to file an objection with the court. The court will schedule a hearing and you will be given the opportunity to respond, although you dont have to. A creditor may also try to claim a debt as non-dischargeable because of fraudulent acts, a @ or malicious act, or embezzlement or theft. He can only accomplish this if he successfully raises the objection within sixty days of the creditors meeting. To defend yourself, you or your attorney will have to file a written response and be prepared to argue your case in court.

Once all the requirements have been met and your intentions have been made clear, the court can declare the bankruptcy discharged. No formal hearing will be held unless you have chosen to reaffirm your debt in which case the judge will want to be sure that you understand what you are doing. After this time, provided the creditors do not raise any objections, the dischargeable debts are erased.

Picking Up The Pieces

Bankruptcy was once the lowest disgrace that could befall someone. Today, however, it is commonplace. Corporations declare bankruptcy to get out of contracts or avoid legal judgments. Individuals rely on it to protect them from a society that extends credit too quickly.

Bankruptcy does not mean that you will automatically be denied all credit for ten years. In fact, many firms look at bankruptcy as a responsible way of discharging debts when there is no other way out. Creditors fear bankruptcy, but they also realize that if they lend to someone who has declared bankruptcy, they need not worry about another bankruptcy for seven more years (you can only file once every seven years). If you happen to have a good explanation for the bankruptcy, such as medical bills, divorce, or some other catastrophic event, a creditor may be willing to overlook it and extend credit. Ask potential creditors about their policy toward bankruptcies. Their responses may be surprising.

Darryl Power over 3 years in online marketing, 1 year in Pay-Per-Click advertising and 7 years of business management.

http://www.home-grownventures.com

Are You Considering A Small Business Bankruptcy?

Author: bussiness // Category:
Are You Considering A Small Business Bankruptcy?
Michalis 'BIG Mike' Kotzakolios
Kotzakoliou, SSA

If your small business is in financial trouble, you may be considering a small business bankruptcy. It may simply be time to look into whether bankruptcy is really necessary and important aspects you should know about a small business bankruptcy. There are some questions you will need to answer about your small business.

Is Your Small Business A Corporation, Partnership Or Proprietorship?

You should be aware that corporations and partnerships are legal entities separate from their share holders or partners and can file Chapter 7 bankruptcy or Chapter 11 bankruptcy themselves. With a small business bankruptcy, you should be aware of a partnership's Chapter 7 bankruptcy. The courts trustee can go after the partners of the partnership if the partnership's assets are not sufficient to pay the partnership debts. With a small business bankruptcy, this can result in partners being sued by a well funded trustee suing for the benefit of all creditors of the partnership. Also, you should be aware that proprietorships are extensions of the small business owner and can't file bankruptcy by themselves. An individual owner of a small business bankruptcy can file Chapter 7, Chapter 11 or Chapter 13 bankruptcy as long as the debt limits are met before hand.

Are You Going To Liquidate Or Reorganize Your Small Business?

This is another important question to ask with small business bankruptcy. If you liquidate the business, you may be able to pay unpaid salaries and taxes. If you reorganize the business, this may give you some time to sell the business assets and the business itself. This can help prevent the loss of assets or cash to creditors collections. This is where you really need to retain a small business bankruptcy attorney. A small business bankruptcy attorney can give you advice that will help you avoid much pain and suffering when dealing with small business bankruptcy.

How Much Small Business Debt Is Secured?

When filing for a small business bankruptcy, you will have to know what debts are secured and unsecured. A secured debt is secured by a lien of some type of property by the creditor's. This may be by your agreement or involuntary by a court judgment or taxes. With new small business bankruptcy laws, it is best to search online for the best attorney you can find. A small business bankruptcy attorney has all the specialized knowledge to help make the bankruptcy process as simple as possible. There are many important questions and aspects to consider with a small business bankruptcy.

Bankruptcy Tips And Helpful Alternatives

Author: bussiness // Category:
Written by Dean Shainin

Friday, 11 November 2005

Before you file bankruptcy, it is a good idea to look into other alternatives if at all possible. New bankruptcy laws make it more difficult to file than it used to be.

Why Has Filing For Bankruptcy Doubled?

From the period of 1994 to 2004, filing for bankruptcy has doubled. Bankruptcy filing has spun out of control with consumers being targeted with easy credit. This has become a major cause for bankruptcy cases.

New Bankruptcy Laws?

There is now a new law for bankruptcy that was passed called the "Bankruptcy Abuse Prevention and Consumer Protection Act". People struggling to pay their credit debts are now going to have to deal with this new bankruptcy law.

Bankruptcy Can Stay On Your Credit Report For 10 Years

Filing for bankruptcy can be on your credit for up to a decade. It's a good idea to look into alternatives for bankruptcy. Buying anything on credit can be a real challenge for many years after you file bankruptcy.

Alternatives To Filing Bankruptcy

Contacting creditors is an alternative to bankruptcy. Instead of filing for bankruptcy, you work out payment options with your creditors. In many cases they are very willing to work with you. It's to their advantage to keep you as a customer. The creditors know the alternatives for bankruptcy will bring them more profits if you don't file for bankruptcy.

Getting a debt consolidation loan is a good alternative for bankruptcy. Financial services can combine all your debts into one loan payment every month. A consolidation loan as an alternative for bankruptcy, can help pay off debts. For bankruptcy consolidation loans, you can shop online for the best terms and rates. Lenders are very competitive to earn your business online.

You may also consider a debt workout for bankruptcy alternatives. With a debt workout, an attorney contacts your creditors and makes arrangements. In most cases the monthly payments will be less than if the credit account was settled in full. For some cases they want the payment in full, but over a longer period of time than originally stated on the credit agreement.

Bankruptcy alternatives are a good idea to consider, before you rush off to file for bankruptcy. If you look into some of these alternatives, at least you will know you tried your best to avoid bankruptcy. Having bankruptcy on your credit report for 10 years can be a long time.

How To Find A Bankruptcy Lawyer?

If you have decided there is no alternative to filing bankrupty,you may be asking yourself, "how do I find a good bankruptcy lawyer? The best way to find a good bankruptcy lawyer is through referrals. Family members and friends who filed bankruptcy in the past can refer you to a good bankruptcy lawyer. The yellow pages in a phone book is another great place to find reputable bankruptcy lawyers. Another invaluable place to find a good bankruptcy lawyer and services in on the Internet. When you search for a lawyer, try to find a lawyer that deals with your type of bankruptcy. You can get free advice with the first meeting.

Is The Law Firms Bankruptcy Lawyer Experienced?

Find out if your type of bankruptcy case is right for the law firms lawyer. Has the bankruptcy lawyer handled similar cases in the past? Take time to look over the alternatives to bankruptcy with your lawyer. There may be a way out of bankruptcy. A good bankruptcy lawyer can give you free advice on what chapter bankruptcy you should file. Bankruptcy lawyers will have you fill out a bankruptcy evaluation to see what is right for your debt and financial situation. To save yourself from wasted time and frustration, discuss in detail, options available to you with your bankruptcy lawyer.

What Information Will I Need For A Bankruptcy Lawyer?

With your first visit, it's important to bring everything you can on the first consultation. You will need a list of all the creditors and how much you owe for your bankruptcy lawyer to consider. This includes any insurance, medical bills, auto loans, taxes, student loans and any personal loans. Your bankruptcy lawyer can give you the advice you need with this important information. This will make the filing process easier if you do decide to file bankruptcy.

Article Source: http://www.ArticleBlast.com

Bankruptcy FAQs

Author: bussiness // Category:
1. What is a Chapter 7 bankruptcy and how does it work?

Chapter 7 is a liquidation bankruptcy meaning it can eliminate most types of unsecured debt. Examples of unsecured debt are credit cards and medical bills. Individuals, married couples, corporations and partnerships can all file a Chapter 7 bankruptcy if eligible.



2. What is a Chapter 13 bankruptcy and how does it work?

Chapter 13 is a reorganization or repayment bankruptcy that allows the debtor to enter into an interest-free debt repayment plan to pay back all or some of the debtor’s debts over a 3 to 5 year period. The length of the plan will depend on the debtor’s property, income and expenses. During this time, creditors must abide by the plan and are not permitted to collect from you or contact you.



One crucial aspect of a Chapter 13 bankruptcy is that you must have regular income for you will be required to pay both your monthly living expenses and a repayment to the court for your consolidated debts.



A Chapter 13 bankruptcy is very powerful because it provides a mechanism for debtors to prevent foreclosures and sheriff sales and stop repossessions and utility shutoffs while catching up on their secured debt.





3. If I file bankruptcy, will creditors stop harassing me?

As soon as you come to our office for a free consultation and hire us as your New Jersey bankruptcy lawyer, creditors will no longer be permitted to contact you or your friends and family members. After hiring our firm, you will be able to give our firm’s name and number to any future creditors who call. The sooner you come to our office and meet with one of our New Jersey bankruptcy lawyers the sooner the harassment will stop.



4. Can I keep my house?

One of the biggest fears people have when first discussing filing a bankruptcy is the possibility of losing their homes. Bankruptcy is meant to help you get a fresh start not hurt you. There are several different ways to deal with homes in bankruptcy proceedings; listed below are some explanations.



If you are current on your mortgage payments and you file a Chapter 13 bankruptcy, you will not lose your home as long as you can continue to keep current with the mortgage payments. If you file a Chapter 7 bankruptcy and you are current on your mortgage payments, whether or not you will lose your house depends on the amount of equity you have in the property as well as the amount of the homestead exemption to which you are entitled. Homestead exemptions vary from state to state so it is best to contact one of our New Jersey bankruptcy lawyers at 856-661-1010 to discuss your specific situation.



If you are behind on your mortgage payments, typically, the best way to keep your house is to file a Chapter 13 bankruptcy. However, you will need to resume making your regular mortgage payments and repay your missed payments through the Chapter 13 repayment plan. There is a much greater chance you will lose your house if you file a Chapter 7 bankruptcy and are behind on your payments.



Since everyone’s situation is different, we strongly recommend that you contact our office at 856-661-1010 or lmpesquire@comcast.net and speak to one of our New Jersey bankruptcy lawyers to discuss your specific set of circumstances.





5. Can I keep my car?

Depending on whether you file a Chapter 7 or a Chapter 13 bankruptcy, there are ways for you to keep your vehicle. In a Chapter 7 bankruptcy you must be current with your car payments if you want to keep your vehicle. If you are not current when you file, you must be able to catch up on your payments, usually in a short amount of time.



If you are filing a Chapter 13 bankruptcy and you are current with your car payments, you can continue to make the same payment outside the bankruptcy plan. If you are behind on your car payments, one of our New Jersey bankruptcy lawyers can help you arrange for the payments to be included in your Chapter 13 repayment plan. Either way you will be able to keep you car.



6. Can I get rid of student loans or tax debts in a bankruptcy?

Today, the most effective way to get relief from student loans is through a Chapter 13 repayment bankruptcy. Student loans cannot be discharged in a Chapter 7 bankruptcy. Using a Chapter 13 bankruptcy, our New Jersey bankruptcy lawyers may be able to consolidate your student loan debt into a repayment plan. This will ease the burden of possible garnishments as well as harassment from student loan agencies. Call our office today at 856-661-1010 to speak with one of our New Jersey bankruptcy lawyers on easing this burden.



As for tax debts, they are generally dischargeable only if you file bankruptcy more than 3 years after you have filed a timely and accurate tax return. If your tax return had been filed late, the tax debt is generally dischargeable only if you file bankruptcy more than 2 years after filing an accurate return. However, tax matters can be complicated and it is best to contact one of our experienced New Jersey bankruptcy lawyers at 856-661-1010 or lmpesquire@comcast.net to fully discuss all your options.



7. Do all of my creditors have to be listed in the bankruptcy?

Yes, all of your creditors must be listed in your bankruptcy along with their names and addresses. This is important so that all of your creditors can receive notice of the bankruptcy and, if you are repaying your creditors through a Chapter 13 bankruptcy, can get their share of the money that is being repaid. Not listing all of your creditors is in violation of the law.



8. What if I forget to list a creditor in my bankruptcy?

If you forget to list a creditor, you should contact your attorney as soon as you realize the creditor has been left out. At that time you can provide your attorney with the name and address of the creditor and the type and amount of the debt. Omitted creditors can often be added to the bankruptcy, however, your attorney will advise you on how things will proceed. Our experienced New Jersey bankruptcy lawyers can help you handle this issue if it arises.



9. Does my spouse have to file jointly with me?

If all or most of the debts you have are in your name only, your spouse may not have to file. However, your spouse’s income can have an impact on whether you can file a Chapter 7 or a Chapter 13 bankruptcy. Unless your spouse is legally listed as a co-debtor, creditors cannot come after your spouse for any money. Also, if your spouse is not included in the bankruptcy, it should not appear on his/her credit report. Since the laws do vary from state to state, it is best to come in to our office to meet with one of our New Jersey bankruptcy lawyers to determine whether your spouse should or should not file.



10. How do I know if I should file bankruptcy?

Are you only able to pay the minimum monthly payments on your credit cards? Do your credit card balances keep growing? Are your wages being garnished or threatening to be garnished? Is your home near foreclosure or is your car about to be repossessed? Do you have medical bills that have put you so deep in debt?



If you have answered “yes” to any of the above questions, a bankruptcy may be the relief you have been looking for. It is best to contact our office at 856-661-1010 or lmpesquire@comcast.net and speak to one of our experienced New Jersey bankruptcy lawyers so they review the specifics of your situation and get you on the road to a fresh start. You can also take a FREE BANKRUPTCY ASSESSMENT and a lawyer from our office will contact you directly about your case.



11. Who knows about my bankruptcy case?

The only parties that will be notified of your bankruptcy are your creditors, the bankruptcy court and, in some cases, the Internal Revenue Service (IRS). Your employer is not notified of your bankruptcy unless your employer is listed as a creditor in the bankruptcy.



12. What can I do to rebuild my credit after filing bankruptcy?

Even though bankruptcy can be reported on your credit report for up to 10 years, you can begin to rebuild your credit immediately. One of the best places to start rebuilding your credit is your credit report. Your credit report is the place where most lenders look before extending credit.

The Law Offices of Lee M. Perlman is a knowledgeable and experienced law firm in New Jersey dealing with credit reporting issues. We will review your credit report and help remove any inaccuracies that may exist. We can also dispute inaccurate information and, if necessary, file suit in federal court to have the inaccuracy corrected. By making sure that your credit report is as accurate as possible, you are on the way to establishing a new and better credit rating.

Our office can also help put you in touch with legitimate financing companies who can assist you in purchasing a new home or car. We are here to help you rebuild your credit not fall into the credit trap with unsecured credit cards.

Bankruptcy Terms 101

Author: bussiness // Category:
ARREARS: The amount of money that is unpaid and overdue when a bankruptcy is filed. Arrears is a term commonly used when referring to child support and past due mortgage payments.

AUTOMATIC STAY: A powerful bankruptcy tool that stops lawsuits, foreclosures and garnishments as well as all collection against the debtor. The automatic stay goes into effect the moment a bankruptcy petition is filed.

CHAPTER 7 BANKRUPTCY: Chapter 7 bankruptcy is a federal court procedure in which debtors are able to eliminate most types of unsecured debt. Chapter 7 bankruptcy is often called the liquidation bankruptcy and aims to give individuals a fresh start.

CHAPTER 13 BANKRUPTCY: Chapter 13 bankruptcy is a federal court process in which debtors are able to repay all or some of their debts through an interest-free payment plan over a 3 or 5 year period. Chapter 13 bankruptcy is often called the reorganization or repayment bankruptcy.

CHAPTER 11 BANKRUPTCY: Chapter 11 bankruptcy is a federal court procedure for businesses to reorganize their affairs. The Chapter 11 plan will outline how the business will repay its creditors either partially or in full.

CONFIRMATION: The approval of a repayment plan in a Chapter 13 bankruptcy by a bankruptcy trustee and judge.

CREDITOR: Any person or business to which a debtor owes money.

CREDIT REPAIR: Actively working to make sure that an individual’s credit report is accurate and up-to-date. After filing for bankruptcy, this is especially important so that debtors can rebuild their credit and get a fresh start.

CREDIT REPORT: A detailed report outlining the credit history, public records and credit worthiness of an individual.

DEBTOR: Any person or business that owes money to another.

DEFAULT: The failure to make payments in the specific period of time stated in the original contract.

DISCHARGE: The order that eliminates a debt through a bankruptcy case. When a debt is discharged, it is no longer legally enforceable against the debtor. However, if a lien exists that secures the debt, it may survive the bankruptcy.

EVICTION: The legal process where a tenant is forced out of his/her residence.

EXEMPTIONS: The various kinds and values of property that is legally beyond the reach of the creditors or bankruptcy trustee. Exemptions are determined by state and federal statutes and can vary from state to state.

FAIR CREDIT REPORTING ACT (FCRA): A federal law that is designed to prevent inaccurate or outdated information from entering or remaining in a credit report.

FAIR DEBT COLLECTIONS & PRACRTICES ACT (FDCPA): A federal law that prohibits unfair debt collection practices, such as lying, harassing, misleading and otherwise abusing debtors, by debt collectors working for collection agencies. The law, however, does not apply to creditors collecting their own debts.

FORECLOSURE: The legal process by which the buyer or homeowner is in default under a mortgage note and is deprived of his/her interest in the mortgaged property.

FROZEN ACCOUNT: An account that cannot be accessed due to a judgment that has been executed through a court order. A creditor can ask the court to freeze a debtor’s account if the debtor has fallen significantly behind on his/her payments.

GARNISHMENT: A type of debt collection ordered by a court in which a portion of a person’s salary is seized and paid to a creditor. State law governs how much money can be withheld.

LEVY: The confiscation or seizure of property or money in accordance with a legal judgment.

LIEN: The charge placed upon real or personal property for the satisfaction of the debt or discharge of the obligation.

PETITION: The document that begins a bankruptcy. When the petition is filed, it constitutes an order of relief and the automatic stay goes into effect.

PRE-PETITION: Anything that arises before the bankruptcy begins. Typically, only pre-petition debts can be discharged in a bankruptcy proceeding.

PROOF OF CLAIM: The document in which the creditor files to show how much money is owed to them by the debtor. The proof of claim will also contain all of the supporting evidence regarding the amount owed.

RELIEF FROM STAY: Through a court appearance, the creditor asks the bankruptcy judge to lift the automatic stay so the creditor can act against the debtor or the property of the bankruptcy estate. Relief from stay can be absolute or limited.

REPOSSESSION: When a creditor takes property that has been pledged as collateral for a loan. For example, creditors most often repossess vehicles when the owner has missed loan payments and has not attempted to resolve the problem. The repossessing agent cannot use force under state law to obtain possession of a vehicle, but can legally hot-wire it, tow it and even drive it out of your unlocked garage.

SECURED DEBT: A debts is secured when the creditor takes real or personal property as collateral. An example of secured debt is a mortgage.

SHERIFF’S SALE: The forced sale of a property at public auction with the proceeds of the sale being applied to the mortgage debt.

TRUSTEE: A private individual or corporation who represents the interests of the creditors in the bankruptcy proceeding.

UNSECURED DEBT: A debt is unsecured if it is not backed by any real or personal property as collateral or if it has not been recorded as a lien. Common examples of unsecured debts are credit cards and medical bills.

Call on the experienced New Jersey bankruptcy lawyers at Lee M. Perlman for your chapter 13 bankruptcy.

New Jersey bankruptcy

Author: bussiness // Category:
Article printed in the New York Post, April 11, 2004
Blue Skies and Green Yards, All Lost to Red Ink
By MICHAEL MOSS and ANDREW JACOBS ( Series ) 6326 words
STROUDSBURG, Pa. -- Ethel Davis first glimpsed her luminous future in 1997 when she saw a television ad that offered a vision of a green, secure world that had seemed hopelessly out of reach.

''Why Rent?'' asked the ad for a home builder in the Pocono Mountains of Pennsylvania. ''Our goal is homeownership for you and your family. Every American wants it; every American deserves it.''

And so, with the ad's irresistible kicker, ''The only thing you have to lose is your landlord,'' ringing in her ears, she did what thousands of her neighbors, many of them middle-income blacks and Hispanics from New York City, did. She took the interstate west, lured by the promise of fresh air, good schools and green, gated communities they could never afford closer to home.

It turned out there was more to lose than a landlord. Six years later, after her new house proved far beyond her means and the five-hour daily round trip to her job in New York City sapped her endurance, her marriage has collapsed, the bank is seizing her house and she is back in Brooklyn renting space from a landlord who took pity on her.

''I worked so hard for so long, and I have nothing to show for it,'' said Ms. Davis, a 45-year-old legal secretary. ''I'm just devastated.''

Ms. Davis's migration west was part of a national campaign that has made homeowners of millions of middle- and lower-income Americans. But her tumble from ownership to foreclosure was part of another mass movement.

In the last decade, lenders have brought foreclosure proceedings against 5,700 homes in Monroe County, Pa., or more than one in five of all mortgaged homes in this rural county that takes in most of the Poconos.

Thousands more families here are struggling to hang on. In some of the fastest-growing Pocono townships, census data show, one in four minority families are using half or more of their gross earnings to pay for their homes. They are piling on credit card debt, forfeiting college savings and plundering retirement funds just to meet their mortgage payments and unexpectedly high expenses.

The story of the Pocono Mountains, drawn from corporate and government documents, and interviews with more than 100 homebuyers and dozens of finance industry employees and policymakers, is one of miscalculation and greed, of questionable business practices by builders and banks, of dismal state regulation and a federal policy whose ambitions outstripped its ability to be carried out.

President Bush is enthusiastically promoting his role in raising the homeownership rate, particularly among minorities. Indeed, encouraging homeownership is one of the few issues the Clinton and Bush administrations pursued with equal ardor.

But the national foreclosure rate has tripled over the last three decades. Experts say mortgage fraud is on the rise in the United States and is now evident in as much as 25 percent of the loans that falter. And what happened in the Poconos is a disturbing glimpse of how a worthy goal -- helping more middle-income Americans own their own homes -- can sometimes produce disastrous results.

Last month, in a familiar scene here, a former renter from Queens, Lewis Delgado, gave up a five-year struggle to pay for his home in Tobyhanna by helping his three sons get their belongings into storage before the sheriff arrived with eviction papers.

''We're losing everything that we worked for,'' he said, as he drove off to look for a new place to live.

Some tried to avert the calamity here. Finance industry insiders warned government officials and institutions like Chase Manhattan and Freddie Mac that homebuyers were being overcharged and buried in debt, according to records and interviews. Still, the selling and lending rolled on.

Ethel Davis was good for federal officials who boast of their success in promoting minority ownership. She was good for the home builder and the banks, which used mortgages like hers to reach a new market for consumer loans.

She was good until she collapsed, and then she became an inconvenient casualty on the bleak side of the housing boom.

Distant Yet Inviting

There was, to be sure, something quite improbable from the start about having a home in the Poconos and a job in New York.

It is, after all, 100 miles from Manhattan to Tobyhanna, which means that with no traffic the drive would be two hours; the average rush-hour trip more like three.

But, many working-class families asked, what was the alternative? Westchester, where the median home price is now $564,000? Nassau, where it is $479,000? Suffolk at $357,000? Bergen County at $392,000?

The average Monroe County home, by contrast, is going for $148,000, and unlike the pricey New York suburbs, the Poconos seemed to be courting minorities from the city. There was even the promise, often repeated, though a bit vague, that a train was on the way to make the commuting that much more sensible.

So the ads beckoning urban residents to the distant exurbs hit a responsive note for thousands of teachers and bus drivers, paralegals and postal workers, desperate to have a home, a green yard, to call their own.

Gilbert Vazquez, a soft-spoken bear of a man, was at work monitoring traffic reports when the Why Rent ad flashed across his TV screen back in May 1995. He stifled the urge to let out a whoop.

The company where he worked, Handicab, which transported people with physical handicaps, was prospering and so was he in more ways than a growing paycheck: his wife, Madeline, was pregnant.

They could not stay in East Harlem. He felt lucky to still be alive. Over the years he had been grazed by a bullet, tossed into the air by a speeding gypsy cab and chased by a gang with its pistols blazing. ''Out of a group of 40 friends,'' Mr. Vazquez said, ''I'm one of four who is either not dead or in jail.''

But house shopping proved harder than he had imagined. Prices were climbing faster than their income, which had just edged past $50,000. Their hunt for a home in Queens, where the dregs cost more than $200,000, left him thinking ''there was no way; we can't do it.''

So when he saw the ad for the Poconos he phoned Madeline, and they marveled at what seemed like a stunning turn of fate.

''To tell you the truth, I didn't think we were ready for a house,'' Mr. Vazquez recalled. ''But I said, 'Let's go check it out and see what kind of program this is.'''

In the Bronx, Joane Walton had likewise all but lost hope of getting away when she saw the Why Rent ads five years later. Their home was a roomy two-bedroom apartment near Yankee Stadium. But it sat atop a sheet metal workshop. Used car lots, welding shops and junkyards lined their street.

Her youngest son had asthma, and she kept all three children -- another boy and a girl -- inside their apartment for fear of crime. She had a good job as a paralegal, and her husband, Edgar Rodriguez, was a school custodian. But they did have a problem: she still had debt from her college days, which tarnished her credit profile.

To her, the Why Rent commercial resonated not just with beautiful houses. The builder offered a counseling service and savings plan that would let them clear off her debt and build a down payment.

''I wanted to be the first in my family to actually own a home,'' Ms. Walton said. ''I wanted to break the cycle, to show my kids that if you work hard, there's nothing you can't do.''

Ms. Davis had perhaps the most to lose when she first saw the commercial.

She had gone through bankruptcy just three years earlier and was still recovering from the financial ordeal. Her downtown Brooklyn apartment had an enviable rent of $680, part of the state's Mitchell-Lama housing program, for which the waiting list is measured in years.

Still, she and her husband, Wayne Young, an accountant for a grocery chain, wanted more elbow room and a safer environment for their son, Lasscelles, then 12. They also saw homeownership as the single greatest route to a sound financial future.

''We had a good life and a nice apartment, but what we really wanted was a house to call our own,'' she said.

Forces Align for a Boom

Cheap land and deft marketing have long been Pocono trademarks. By the time of his death in 1806, Jacob Stroud, who settled the area half a century earlier, had made an enviable fortune selling lots around Stroudsburg, the county seat that bears his name.

The Poconos eventually became best known for tourism, and Monroe County promoted itself as a quick weekend retreat and the Honeymoon Capital of the World.

But over the years, the Poconos often became known for less wholesome promotions. In 1973, a land promoter was sued for enticing prospective homebuyers with ''free'' vacations to London for which, it turned out, the takers had to pay most of their own way. Five years later, a former assistant United States attorney was jailed for promoting a housing development with false promises about tennis courts, paved roads and a swimming pool. More recently, a jury in 1993 convicted another developer of defrauding more than 60 home-seekers, in part by selling lots he did not own.

Developers had bet big on selling weekend homes just before the economy slumped in the early 1990's, and they were left holding swaths of land all paved and piped and ready to go. Then two things came to their rescue. One was the rebounding housing market. The other was the White House.

Bill Clinton saw housing as a potentially winning issue early in his 1992 presidential campaign. Soon after the New Hampshire primary, he announced that he would jump-start the national homeownership rate, which had languished during the previous 12 years of Republican administrations.

It was a promise that Mr. Clinton found easy to keep. A surging economy bumped up the ownership rate with little help from Washington. Then in 1995, he rolled out a 100-point plan for homeownership. The program sought to increase the supply of new homes by streamlining local building codes. It encouraged lenders to ease borrowing by reducing the traditional down payment of 20 percent to a few percentage points or in some cases nothing at all. With help from Congress, the tax law was changed to let first-time buyers use their retirement funds without penalty. Through promotions like National Homeownership Day, people who had never thought they could own a home were encouraged to think they could.

As a result of policies pursued both by Mr. Clinton and Mr. Bush, the ownership rate climbed to beyond 68 percent now from 64.1 percent in 1992. Those four points meant 8 million new homeowners, including 2.5 million lower-income buyers and 1.2 million each for blacks and Hispanics.

The makeup of the Poconos and the goals of the federal housing policy were in perfect alignment. Soon billboards for ''award-winning homes'' sprung up at the border of New Jersey and Pennsylvania where Interstate 80 climbs up from the Delaware River.

The larger developers also bought air time in metropolitan New York. The Keystone Development Company had a commercial that opened with urban warfare and finished with grazing deer. But none played more artfully to the aspirations of apartment-bound city dwellers than the ''Why Rent'' catch phrase.

The Builder

In many ways, the man behind the Why Rent ads, Gene P. Percudani, was just right for the national homeowner campaign. Born in Queens, the son of a carpenter, he exuded self-made success. He studied architecture at City College of New York, moved to the Poconos in the 1970's and fit right in with his personable style, confident but not pushy.

''Is he driven? Most successful businessmen are,'' said Dario Belardi, a partner in one development just outside the Poconos and a former executive with Caesars resorts. ''But he's a great family man. A humanitarian. A decent human being.''

Not all of Mr. Percudani's projects were royal flushes. His venture with Mr. Belardi, for example, is struggling to attract buyers.

He also got in a legal brawl with his main Pocono associate, an entrepreneur named Gerard Armond Powell whose businesses included selling vanity toll-free numbers and marketing loans for plastic surgery. After fighting over a $2 million settlement to dissolve their partnership in 1996, they took their Virginia operations into bankruptcy.

But in Monroe County, Mr. Percudani gained a reputation as a prolific builder. By the mid-1990's, he was telling prospective buyers that he had built about 1,000 houses, many of them starter models.

On weekends, prospective buyers at his office in Tannersville stepped into a dreamy whirl of model-home photos and videotaped testimonials from satisfied buyers.

''I came away really impressed,'' Mr. Vazquez said. ''I thought this will be great for kids, but it's not so far that we couldn't catch a show in the city.''

Ms. Walton fell in love with a gated community, Emerald Lakes, and put down a $900 deposit before returning to the Bronx. ''I imagined us getting married again by the lake,'' she said. ''I wanted a place we could invite all my friends and family.''

Ms. Davis picked out a lakeside lot in another community called Pocono Country Place. Few of the homebuyers interviewed for this article looked at other places, met other developers or considered an existing home, prompting some longtime Pocono residents like Susan McGinty to point a finger: ''They should have known what they were getting into.''

Mr. Belardi said prospective buyers saw homes for $80,000 in the Poconos and homes 5 or 10 times as expensive closer to home and made bad decisions.

But homebuyers say there was often pressure to buy now, buy fast, and the best deals seemed to be always nearly gone. There were free decks and fireplaces and an advertised monthly mortgage of $685, but in limited quantities. They were also tempted by extras that ended up raising home prices beyond what they first thought they would pay. One buyer, David Johnson, recalls hearing a cellphone exchange that he now suspects was staged; his sales agent fought with a colleague over whose customer would get the lot where they stood.

''It just seemed like such a real good deal,'' Ms. Davis said. ''I mean these people were willing to build us a brand-new home for not much more than we were paying in rent for a tiny apartment. Who would walk away from that?''

It did not take long for many of them to start having second thoughts. Their lakefront lots would become mysteriously unavailable, forcing them to settle for lesser spots. Also, Pennsylvania, unlike most states, had no building code to set standards for critical matters like foundations, plumbing and insulation; only this year did state officials finish writing such a code.

At her housewarming party, Ms. Davis's father, a builder from Chicago, pronounced the house ''a rip-off.'' There was no polyethylene sealant wrap under the vinyl siding, he told her, and almost no insulation in the walls or in the attic. ''We'd walk around all winter bundled up in sweaters and coats,'' she said, shivering at the memory.

Many other homebuyers interviewed for this article blamed a number of builders for problems like foundations that sagged, siding that peeled, basements that flooded, and yards in which all of the soil had been scraped away. In 1992 the Pennsylvania attorney general, Ernest D. Preate Jr., sued Mr. Percudani for deceptive practices on behalf of 11 aggrieved buyers who cited similar construction woes. Mr. Percudani settled the suit by making repairs and returning deposits.

Mr. Preate is now in private practice and represents Mr. Percudani, who declined to be interviewed. ''Gene built a good house with good value and tried very hard to help people fulfill an American dream out in the country,'' Mr. Preate now says. ''If there is a complaint he fixes it.''

However disappointing some houses were, many buyers soon faced far greater trouble rooted in the relationship that Mr. Percudani formed with one of the world's most prestigious banks.

The Borrowing

Mr. Percudani did more than build houses to further the cause of homeownership. He lined up the loans that buyers needed to pay for their homes, and worked with more than 20 lenders including First Union and SunTrust Banks. But most often, he turned to the mortgage unit of Chase Manhattan, now known as J.P. Morgan Chase, an executive with his company said in a deposition.

The bank had low interest rates and fast service and its status as a corporate powerhouse had a calming effect on nervous buyers like Mr. Vazquez. ''Whatever little fears I had went out the window,'' Mr. Vazquez recalled. ''I basically said, 'If Chase was involved, I don't have to worry about this.' ''

Chase was certainly eager for the business. The bank had embarked on a national expansion into home lending and was sensitive to the minority-lending goals of regulators who held sway over its growth. In 1996, it won high praise for joining an urban program that counsels first-time buyers on the pitfalls in homeownership.

But officials with urban housing groups say that in the Poconos little was done to help novice buyers avoid mistakes.

Local lenders who dodged the foreclosure mess say they did so by knowing the market and players on intimate terms. They also handle the loan work themselves from the moment buyers walk into their banks.

As a result, two of Monroe County's eight local lenders say they have no foreclosures at all. Five have averaged three filings a year, county records show. And the largest, ESSA Bank and Trust, which has made 3,500 loans there since 1997, says it has foreclosed on 60 homes, well below the national foreclosure rate.

By contrast, 50 of the 377 Pocono homebuyers who used Chase have lost their homes to foreclosure, and to prevent even more failures, the bank has taken the extraordinary step of forgiving $6 million in debt owed by 210 of its homebuyers.

Some of Chase's loan practices differed markedly from those of local lenders.

Chase ran its Pocono venture from a regional office in Independence, Ohio, whose manager, William K. Spaner, has said in legal proceedings that he never visited the region or met Mr. Percudani. Chase then farmed out much of the work that borrowers had expected the bank to perform.

For starters, Chase paid Mr. Percudani's mortgage concern to be its broker in the Poconos, which put him in charge of hiring the appraiser who is supposed to independently assess a home's true value.

Larger banks commonly assign this task to their mortgage brokers in a process that in recent years has come under criticism by some experts and institutions in the industry. More than 7,000 appraisers nationwide have signed a petition saying they felt pressured to produce inflated evaluations in part because of who was hiring them.

But lending experts say that such pressure is even greater in situations where builders, like Mr. Percudani, create their own loan brokerage units, which they are increasingly doing, with appraisers feeling they must come up with the price that the builder wants.

''That's a major, big-time, red flag conflict of interest and a very high risk loan,'' said Connie Wilson of AppIntell, a consulting firm that helps lenders avoid problem loans.

Banking guidelines do not require lenders to take special precautions in such situations. But, Robert Cook, a special counsel with the Federal Reserve Board, says such arrangements make it imperative that lenders ''ensure the appraisals are accurate.''

As it turned out, the appraiser Mr. Percudani used most often, Dominick Stranieri, surrendered his license in 2002 to settle an unrelated case in which the state alleged that he overvalued homes by using an improper method. Mr. Stranieri has said in legal proceedings that he acted independently in valuing Mr. Percudani's homes and was not asked to meet a predetermined price.

Chase says that for much of its Pocono venture it had Mr. Stranieri on an internal watch list, and that it returned him to good standing in 1999 because there were no further concerns about his work. But on three occasions starting in April 1998, Chase consultants who reviewed homes appraised by Mr. Stranieri concluded that he overpriced them by as much as 50 percent, according to interviews and records.

One appraiser's report in 1999 even warned that federal officials were seizing industry records to investigate widespread overpricing. Chase says the loan officer who got this report handled refinancing and did not alert Mr. Spaner's office, where new loans were being made.

Just how much profit Mr. Percudani built into his prices is not clear. While builders typically make $7,500 to $15,000 on homes that sell for $150,000, he cited figures in the lawsuit with his partner indicating that they made roughly $62,000 on each of the 150 homes they sold in 1994 and 1995.

Some parcels of land by themselves had drastic appreciations. For example, Mr. Percudani charged Mr. Vazquez $27,000 for a third of an acre that he bought not quite six months earlier for $5,300, according to county title records.

Mr. Percudani's lawyers said his profits were more typically in line with the industry and that the land prices included marketing costs. Numerous buyers, they added, have been able to borrow more money on their homes, which shows, they say, that those homes were fairly priced.

But many homeowners like Ms. Davis tried to refinance their homes only to learn with a shock that they were worth far less than they thought. Ms. Davis's problems began when she needed a new appraisal to get a lower interest rate.

The first two appraisers she called said that her $143,653 house was actually worth $90,000 or less. A third flatly refused to come out when he learned where she lived.

Chuckling, he told her, ''Lady, you're not going to be able to refinance.''

Still More Adversity

One man who worked with Mr. Percudani says he saw even worse trouble ahead for many of the Pocono buyers.

Elwood Kurtz, the owner of Homestead Land Services, had been retained by Mr. Percudani to validate property records. But as he sat with buyers in closing their deals, Mr. Kurtz says he worried that they could not afford the homes -- no matter how fairly priced they were.

''I really felt that a majority of them were getting in over their heads,'' he said. ''They had to fit into their budgets the cost of commuting, food, taxes, and it seemed like $10 one way or another would make it or break it for them.'' Mr. Kurtz said he reported this and other concerns to state officials in 1996 and never heard back.

In one sense, Mr. Percudani may have been doing just what the government wanted him to do: help people buy their first homes. He had a credit service through which he would pay their delinquent bills. He had a savings plan to help them accumulate the necessary down payment. He was infinitely patient, coding their accounts with a medals system based on how fast they could save -- ranging from platinum for those who were ready at once to bronze for those needing as long as two years.

Mr. Percudani also typically paid several thousand dollars of the buyers' closing costs and even covered their rent while their homes were built. ''Gene was ahead of the curve in the United States, and it's only in the last couple or three years that other institutions have encouraged this,'' his lawyer, Mr. Preate, said.

Chase says Mr. Percudani did not tell it about the rent payments, which in effect subsidized the buyers' down payment. This would have increased its risk since lenders view the down payment as a key measure of the borrower's ability to repay. ''If Chase had known about the builder's separate side agreements, Chase never would have approved these loans, as they were a violation of our underwriting standards,'' said Charlotte Gilbert-Biro, a Chase spokeswoman.

Mr. Percudani's lawyers scoff at Chase's assertion, saying the rental payment was featured in his advertisements and that all lenders take pains to verify that down payments really come from the borrowers and not from a relative or the seller.

But whatever the truth, the people who did this verification work under contract for Chase say they were hampered in several ways. They say Chase did not tell them that Mr. Percudani, the loan broker, had also built the homes, so they were not especially cautious in their reviews.

Two such reviewers, known as underwriters, also say they were blocked at times from obtaining the bank statements they needed to trace the down payments. Lynda Davis, who underwrote the bulk of the Pocono loans, says that she told a Pennsylvania grand jury in 2003 that Mr. Percudani's loan brokerage unit would refuse on occasion to forward the statements, and that when this happened Mr. Spaner, the Chase manager, instructed her to rely instead on a ledger provided by the brokerage unit, which did not reveal the rent subsidy. ''I went along with it because I felt it was on Chase's head. He told me it was O.K. with Chase,'' Ms. Davis said she told the grand jury.

Reached at his office, Mr. Spaner said he wanted to discuss the Pocono loans but needed permission from Chase. Chase officials declined to make Mr. Spaner available but said he denied the underwriters' assertions. ''Chase has not seen a shred of credible information to support any of these allegations,'' Ms. Gilbert-Biro said.

In interviews and written statements, Chase officials defended their lending methods. They said they used the best available systems to detect problem loans and were continuously making improvements. For instance, Chase now requires two appraisals on Pocono properties.

Chase said that it had successful relationships with other builders who acted as their own mortgage brokers and that it had confidence in its wholesale lending operations. ''One of the things we pride ourselves on is our nationwide capabilities and our local execution,'' the bank said.

Chase further said that its share of foreclosure proceedings in Monroe County was at most 7 percent, and that numerous other lenders were caught up in the debacle.

As it turned out, Chase almost dodged the pain.

The bank regularly sold its Pocono loans to Freddie Mac, the government-backed securities giant that is under its own federal pressure to increase minority lending. But the agency, whose own appraisal reviews were finding numerous instances of overpricing, eventually got cold feet. In the fall of 2000, Freddie Mac told Chase it was investigating. Chase then halted its dealings with Mr. Percudani. And, in a rare move, Freddie Mac asked the bank in 2002 to take back the Pocono loans.

Inquiries Into a 'Nightmare'

By the late 1990's, things were so bad that the county sheriff was pleading for more staffing to handle the foreclosures, which swelled to 941 last year from 385 in 1995.

The county controller, Kelly Lewis, dubbed the issue a ''nightmare'' for home buyers in his winning campaign for the state legislature. In April 2001, a local newspaper, The Pocono Record, published a series of articles detailing the buyers' woes. ''For the next week, all I did was answer phone calls and e-mails from people who said they had been victimized,'' the reporter, Matt Birkbeck, said.

But drawing attention to the problems and doing something about them were two different things. The following month, a dozen law enforcement officials met privately in the Monroe County Courthouse to find a solution, but little came out of the meeting.

The United States Department of Housing and Urban Development determined that few of the loans involved its programs.

The United States attorney for middle Pennsylvania decided against pursuing criminal action against Mr. Percudani, citing, in part, Chase's reluctance to pursue the matter. ''According to Chase's counsel, this whole episode has been a public relations nightmare, and they do not want to publicize this matter any further,'' an assistant United States attorney, Bruce Brandler, wrote in an Aug. 18, 2003, letter to state officials obtained by The New York Times. Chase says it told Mr. Brandler that it would cooperate.

The Monroe County district attorney's office began an investigation that distilled more than 200 interviews into a scathing report on possible price gouging, coercion and tax evasion by developers, brokers and real estate lawyers. A mortgage broker was charged with fraud in connection with arranging a loan. But the district attorney, Mark Pazuhanich, opted against pursuing more cases by citing his limited resources and a warning by the local court that its judges had too many conflicting interests to preside over the matter.

Mr. Pazuhanich had his own conflicts, he said in a 2002 letter asking the state attorney general to take over the case. Mr. Percudani and another developer under scrutiny had been major contributors to his most recent election campaign, the committee for which included the father-in-law of Mr. Stranieri, the appraiser who worked with Mr. Percudani. According to Mr. Percudani's lawyers, Mr. Pazuhanich and two assistants also had rented Mr. Percudani's vacation home on St. Martin in the Caribbean several years before he began the investigation. After bowing out of the inquiry, Mr. Pazuhanich ran for a judgeship and placed his campaign signs on Mr. Percudani's land.

Finally, in 2002, home buyers felt some progress was being made when the state attorney general filed the first of two civil suits against 26 local builders, appraisers and mortgage concerns, including Mr. Percudani and Mr. Stranieri, alleging deceptive practices that misled buyers and lenders. Mr. Percudani and Mr. Stranieri have denied the allegations, their lawyers said. Mr. Percudani continues to build and sell homes in the Poconos.

Several buyers including the Vazquezes have sued Chase, saying the bank conspired with Mr. Percudani to defraud them. Chase denies the allegations and says it will vigorously defend itself. Jim Sysko, a deputy state attorney general, says he accepted Chase's contention it was deceived on the rent payments, but was weighing the bank's overall role when Chase offered to help the buyers by reducing their mortgages.

Frustrated by the events, buyers have picketed the Monroe courthouse, the statehouse in Harrisburg and even the F.B.I. headquarters in Washington.

''It's like the Wild West out here,'' said Al Wilson, the founder of the Pennsylvania Homeowners Defense Association, an advocacy group. He added, ''No one is being held accountable.''

A Chance of More Poconos

In some ways, the Poconos is a place apart, where a combination of lax regulation, a history of corruption and a huge market in New York were the perfect ingredients for a financial storm.

But few doubt that what happened here has the potential to happen elsewhere.

For all the attention paid to the national homeownership rate, little is known about the hundreds of thousands of buyers who fail each year. Lenders decline to say how many are minorities or first-time buyers, but early last year the foreclosure rate passed 1.1 percent, or roughly 560,000 homes, compared with a rate of 0.86 percent in 1995 when the homeownership campaign began.

George McCarthy, a housing economist at the Ford Foundation, says the easier credit unleashed by the homeownership drive has exposed vulnerable buyers to fraud and excessive debt. Already, the F.B.I.'s caseload of 500 mortgage fraud investigations is up fivefold since 1997.

''The risk of more Poconos is huge,'' Dr. McCarthy said. ''In every affordable market in the country we are seeing these fast run-ups in prices, double-digit appreciation, and the problem is that people who are not well versed and able to tell what the true value is can get hoodwinked.''

Should housing prices drop, he says, the fallout may track the stock market scandals in which sundry accounting irregularities, ignored during the booming 1990's, were exposed. Prospective buyers should be warned that a house is an investment that can lose value, he and other housing experts say.

Many people, no doubt, were helped by the homeownership drive, and in the Poconos there are many buyers who say they are pleased with their homes and the move. There is also hope that a rising market will compensate for any overpricing.

Still, Marc Weiss, who helped shape the Clinton administration's homebuyer campaign, says the program did not have enough safeguards to protect first-time homebuyers. ''We were so focused on expanding homeownership that we probably didn't put enough attention with our private sector partners on what is needed to help people from getting in trouble,'' he said. Now, those in trouble are trying to get out.

The Vazquezes moved into their Pocono home. Had a son. Made it through job losses and unemployment. But only by getting deeper in debt did they ward off two foreclosure actions.

Then in October 2003, after suspending their payments to resolve the lawsuit against Chase, the bank brought its third foreclosure against them. ''There can't be words to describe the tears I cried, losing my home and having to be an embarrassment for my family,'' Mrs. Vazquez said.

Ms. Walton never even made it to the Poconos. She was paying into the credit counseling and savings plan when Mr. Percudani suspended it. The family adores the game Monopoly, and now has a running joke that it is the only way they will ever buy a home. Better to laugh than cry, Ms. Walton said.

''We're pretty much living hand to mouth now,'' she said. ''It was a big letdown for the boys. It's like being told you can have a puppy, petting it, and then never being given it.''

As for Ms. Davis, it is difficult to pinpoint, she says, just what sent her over the edge. There was the $3,000 in annual school and property taxes, a $3,600 yearly heating bill, and $500 in homeowners' association dues, which she says she had not expected.

Soon after Christmas of 2000, her husband announced that he would stay in New York. The talked-about train to New York City had never materialized. The traffic tie-ups were endless. ''All you talk about is bills, bills, bills,'' she recalled him saying.

Their divorce left Lasscelles alone in the house all week and Ms. Davis wracked with guilt as she stayed in New York weeknights to save the bus fare. She did not dare tell anyone and slept with her cellphone on her pillow. On weekends, she would return home and pack. For months, they lived frozen lives with boxes filling every room. As much as homelessness, Ms. Davis was terrified by the shame of forcible eviction, but she eventually abandoned the Poconos altogether for a rental back in Brooklyn.

On March 24, Chase won a foreclosure judgment against her, the penultimate step before it can sell her house.

She recently went to her local bank for a credit card. She had no luck. But she got friendly with the woman who took her application. They talked about real estate and the woman excitedly told her about having just signed for a new home in the Poconos.

''And the best thing about it,'' the woman told her, ''is that there's a train coming.''