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Archive for October, 2008

Homeowners Are No Longer Better Credit Risks Than Non-Homeowners »

In a major shift in the pattern of consumer delinquencies, non-homeowners may now be better credit risks than homeowners.  In addition, consumers with mortgages originated prior to 2005 tend to be better credit risks than those who obtained mortgages after January 2005.
These were some of the findings in a study of consumer risk patterns conducted [...]

A Corporation Will Not Protect You from the Trustee »

Recently, a well-dressed, well-spoken person came to my office to discuss filing for bankruptcy.  A quick review of claims by creditors revealed several lawsuits and an assortment of credit card debt.  There were two mortgages and two car loans.  Even though both husband and wife were working, the total monthly income was barely enough to [...]

Creditor Harassment Complaints Increase »

Last year almost 71,000 complaints about creditor harassment were filed with the Federal Trade Commission.  That is twice the number that filed in 2003.  But that’s not all.  Over 14,000 complaints were reported to the Better Business Bureau, and thousands more were filed around the country with state and city officials.
David Polino, the president of [...]

The Fox Guarding The Hen House: Who’s Keeping Mortgage Servicers In Check? »

Countrywide Home Loans, Inc., has been in the news alot lately.  One story recently reported in The Wall Street Journal is probably resulting in lots of cheering over at Countrywide.  

Halloween Financial Horror Stories! »

Bankrate.com has gathered a series of articles in time for Halloween that are sure to make your hair stand on end and make you want to sleep with the light on.
Bankrate.com’s “Halloween Horrors” are not for the faint of heart. 
With topics like “Festering Fees” and “Creepy Cars” readers are allowed to walk through a House [...]

Types of Investigative Credit Reports – The Insurance Report »

In a previous article, I discussed the little known, but potentially damaging, Investigative Credit Report.  One of the most common of the investigative credit reports is for insurance purposes.
Insurance companies frequently use the services of organizations known as inspection bureaus to determine whether they will issue a policy of insurance, the rate charged for the [...]

What Does “Property Of The Estate” Mean? »

Property of the bankruptcy estate is defined by 11 USC section 541.  It specifically excludes certain assets of a debtor.  Other assets may be property of the estate at first, but later be excluded because they are abandoned by the trustee, redeemed by the debtor, sold, or claimed as “exempt” by the debtor. 
It makes [...]

Student Loans: How to Pay Them in a Chapter 13 Bankruptcy »

Unless the bankruptcy debtor can satisfy the daunting legal standard of “undue hardship,” student loans are not dischargeable in a bankruptcy case.  However, the mere fact that student loans will not be discharged does not mean you should give up on the bankruptcy process.  For a chapter 13 debtor, the question might be, how should [...]

Tenants’ Rights When Landlord Files Bankruptcy »

What are a tenant’s rights when a landlord files for bankruptcy protections?  Here’s good news for the tenant.
A renter keeps all rights under a lease when a landlord files a bankruptcy case.  The landlord,  and the landlord’s bankruptcy trustee, cannot interfere with the use, possession, or quiet enjoyment of the apartment or premises.  The amount [...]

How Does a Chapter 13 Work? »

When you file a Chapter 13 bankruptcy case, you are required to file several forms with the bankruptcy court.  Among other things, you must list your income and expenses, assets, debts, and property transactions. The key to the Chapter 13 filing, is your proposed repayment plan.  In your proposed plan, you describe how you intend to repay your debts [...]