February 7, 2012

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Bankruptcy Lawyers Can Help Decide If Bankruptcy is the Right Decision

January 31, 2012 By Leave a Comment

By Benjamin L. Dodge

An Arizona Bankruptcy Lawyer can help most Arizonans that have been suffering with the burden of debt. Many people in Arizona are struggling with their monthly bills and feel they are drowning in debt, for Arizona has certainly been affected by the current suffering economy. Not since 1974 has the US suffered such a huge loss of jobs and since late 2007, 3.6 million Americans have become unemployed.

A lot of people in Arizona, from all aspects of life, are equally finding themselves in trouble financially. Many have never before in their lives gone through such a hardship and some even feel embarrassed by their situation. They don’t stop to think that they are just one of many going through this unfortunate situation and that others truly understand and know how they feel. An Arizona Bankruptcy Lawyer can put an end to all of these financial problems and help these people to get back on their feet.

A good Bankruptcy Lawyer can help someone to determine if filing for bankruptcy is the best decision or if maybe another route to freeing their self of the burden of debt would be a better choice. People residing in Arizona that are looking for debt relief should contact a reputable Bankruptcy Lawyer from their state, for taking it all on alone can be overwhelming.

Many Arizona citizens have chosen to file bankruptcy to eliminate un-affordable debt and/or to stop foreclosure on their home. Along with stress, worry and the constant harassing phone calls from creditors, financial freedom is just a step away with the help of an Arizona Bankruptcy Lawyer.

Benjamin Dodge is an attorney for Dodge & Vega, PLC. He invites you to visit his website http://www.dodgevegalaw.com for more in-depth information about bankruptcy in Arizona. While you’re there be sure to fill out the bankruptcy case evaluation.

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Arizona Foreclosure – How Bankruptcy Can Help You

January 30, 2012 By Leave a Comment

By Kirk Guinn -

If you’re like thousands of other Arizonans, you’re in danger of losing your home to a bank foreclosure. Fortunately, many are discovering the solution in what may seem the unlikeliest of places – bankruptcy. Losing everything you own is just one of many Arizona bankruptcy myths encountered by Arizona Bankruptcy Now legal counsel over the past 15 years. In fact, with the help of an experienced Arizona bankruptcy lawyer who understands the law, you’ll likely keep your home, as well as your vehicle and other prized possessions too!

In most cases, homeowners facing potential Arizona foreclosure have been hard hit by adjustable rate loans. They started out with low payments they can afford, only to see the cost of their monthly mortgage rise beyond their reach. For many, the problem is multiplied by credit card debt and medical bills. Once they’ve exhausted all their options, hundreds of hardworking Arizonans just like you come to the same conclusion every single month – they need the help of an Arizona bankruptcy attorney.

The bankruptcy process can be complicated and stressful. That’s why it’s imperative you seek the counsel of an experienced bankruptcy attorney who’s done it countless times – not just anywhere, but here in Arizona where you live, as bankruptcy laws vary by state.

First, your attorney will help you decide which form of bankruptcy may be right for you. Chapter 7 eliminates much of your debt, including credit card and medical bills, freeing up extra money for you to make your monthly mortgage and car payments. Chapter 13 requires you to pay back what you owe over a specified period of time. It may also eliminate more types of debt than Chapter 7. Only an experienced bankruptcy attorney will know which option is best for your unique situation.

When it comes time to file your bankruptcy petition with the court, your lawyer is equally essential as paperwork errors mean revision and resubmission. It is critical to provide the court with a schedule of your assets and liabilities within 15 days of filing the petition. Miss this deadline, and the court dismisses the case.

If you are already in the middle of a bank foreclosure on your home, be sure to file your petition with the court before the foreclosure sale date on your property. That means consulting with an attorney as soon possible to allow enough time for preparation.

When it comes to keeping the home you’ve worked so hard for, your toughest decision could also be your smartest. Within months of your bankruptcy’s completion, you can start rebuilding your credit again. You can get the fresh start that bankruptcy law is intended to provide. To find out which form of bankruptcy may be right for you, contact an experienced bankruptcy lawyer for a free consultation.

Attorney Kirk Guinn advises and assists individuals and families statewide in Arizona with legal questions and concerns relating only to bankruptcy and real estate. He answers all questions and knowledgeably explains the tough questions that exist about bankruptcy and the new laws associated with it.

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Arizona Foreclosure – How Bankruptcy Can Help You

January 12, 2012 By Leave a Comment

By Kirk Guinn

If you’re like thousands of other Arizonans, you’re in danger of losing your home to a bank foreclosure. Fortunately, many are discovering the solution in what may seem the unlikeliest of places – bankruptcy. Losing everything you own is just one of many Arizona bankruptcy myths encountered by Arizona Bankruptcy Now legal counsel over the past 15 years. In fact, with the help of an experienced Arizona bankruptcy lawyer who understands the law, you’ll likely keep your home, as well as your vehicle and other prized possessions too!

In most cases, homeowners facing potential Arizona foreclosure have been hard hit by adjustable rate loans. They started out with low payments they can afford, only to see the cost of their monthly mortgage rise beyond their reach. For many, the problem is multiplied by credit card debt and medical bills. Once they’ve exhausted all their options, hundreds of hardworking Arizonans just like you come to the same conclusion every single month – they need the help of an Arizona bankruptcy attorney.

The bankruptcy process can be complicated and stressful. That’s why it’s imperative you seek the counsel of an experienced bankruptcy attorney who’s done it countless times – not just anywhere, but here in Arizona where you live, as bankruptcy laws vary by state.

First, your attorney will help you decide which form of bankruptcy may be right for you. Chapter 7 eliminates much of your debt, including credit card and medical bills, freeing up extra money for you to make your monthly mortgage and car payments. Chapter 13 requires you to pay back what you owe over a specified period of time. It may also eliminate more types of debt than Chapter 7. Only an experienced bankruptcy attorney will know which option is best for your unique situation.

When it comes time to file your bankruptcy petition with the court, your lawyer is equally essential as paperwork errors mean revision and resubmission. It is critical to provide the court with a schedule of your assets and liabilities within 15 days of filing the petition. Miss this deadline, and the court dismisses the case.

If you are already in the middle of a bank foreclosure on your home, be sure to file your petition with the court before the foreclosure sale date on your property. That means consulting with an attorney as soon possible to allow enough time for preparation.

When it comes to keeping the home you’ve worked so hard for, your toughest decision could also be your smartest. Within months of your bankruptcy’s completion, you can start rebuilding your credit again. You can get the fresh start that bankruptcy law is intended to provide. To find out which form of bankruptcy may be right for you, contact an experienced bankruptcy lawyer for a free consultation.

Attorney Kirk Guinn advises and assists individuals and families statewide in Arizona with legal questions and concerns relating only to bankruptcy and real estate. He answers all questions and knowledgeably explains the tough questions that exist about bankruptcy and the new laws associated with it.

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If I Declare Bankruptcy, Will I Lose My Home?

December 6, 2011 By Leave a Comment

By James Falla -

Bankruptcy may be the best solution for many who are struggling with debt. However they are put off because of a false impression that they will lose their home.

If you are struggling with serious debt the way to resolve the problem could be to use a debt management solution. When considering such solutions, you may think about both a debt management plan (DMP) or individual voluntary arrangement (IVA). However the option of bankruptcy may well be discounted.

If you have a significant amount of personal debt, declaring bankruptcy will enable to write off your debt entirely. It is also likely that you will not be required to make any monthly payments to your creditors.

Despite these advantages, many people discount bankruptcy as a solution because they believe that they will lose their home. However, in many cases this is just not the case.

Will the Official Receiver sell my house?

If you own your home, the amount of equity in the property will be vital in deciding whether bankruptcy is appropriate.

If you have equity in your home (£5,000 or more as a rule of thumb), bankruptcy may not be for you. There is a risk that the official receiver will be required to realise such equity which could result in the forced sale of the property.

However, if you have little or no equity, or your property is in negative equity, it is extremely unlikely that you will lose your home. This is because there is no value in the property (known as beneficial interest) for the official receiver.

Where this is the case it is possible to buy back the beneficial interest for the nominal sum of £1 plus legal fees which are currently £211. Normally the Official Receiver will suggest buying back the beneficial interest in a property after about 2-3 months. Buying back the beneficial interest will stop the official receiver from forcing the sale of your property.

How will the mortgage company react?

As long as you maintain your mortgage payments, your mortgage company will not be concerned that you have declared bankruptcy. Even of the bank has lost money because of unsecured loans which were written off, they will want to maintain the mortgage agreement as this is very profitable business for the bank.

What if I rent my property?

If you rent, it is very unlikely that you will lose your home if you declare bankruptcy. Tenants should be aware that their landlord will be automatically told of their bankruptcy. However, this does not generally cause any issue.

Council and Housing Association landlords will not be concerned if you declare bankruptcy as long as you are in a position to maintain your rent payments. Private landlords will also generally have no problem as long as their rental payments are maintained.

Bankruptcy is an extremely useful solution for many people who have serious debt which they are not in a position to repay. However, many people are not taking advantage of this solution because they believe that their home will be at risk.

Very often this is just not the case and should not prevent the use of this as a way to resolve debt problems. However, as with all personal debt solutions, it is important to get advice from an expert before making a decision on how to proceed.

Steve Jackson is a debt adviser from BeatMyDebt.com in the UK. For more quality and unbiased information on Personal Debt Solutions, visit our website at http://www.beatmydebt.com.

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Filing Bankruptcy to Stop Foreclosure

October 19, 2011 By Leave a Comment

By Nick Adama -

Bankruptcy to stop foreclosure is possibly the least-understood and least-desired option for most homeowners, although it can provide them with the last chance they need to be able to save their homes. The drawbacks to bankruptcy are widely discussed and raise serious concerns for foreclosure victims who want to preserve as much of their credit as possible, but this option can also provide homeowners with a last chance that is not present in other solutions to foreclosure.

Bankruptcy can be used to set up a repayment plan that allows the homeowners to repair their credit and get back on track with their debts. Although it is usually an expensive payment plan, homeowners who have repaired their financial situations may be willing to pay more every month to fulfill their mortgage obligations. And once the bankruptcy is completed, homeowners can go back to paying their regular monthly payment without the threat of foreclosure hanging over their heads any longer.

In foreclosure situations, filing bankruptcy will put the entire foreclosure process on hold, which is very important for homeowners when the situation is getting out of control and they are running out of options at the last minutes. When a foreclosure auction is approaching, and there is no other way to stop the sheriff sale, filing bankruptcy will immediately put everything on hold, including putting off the sale of the property. In certain situations, this is the most important aspect of bankruptcy, as it just allows the homeowners to gain a little more time to put together or complete a more reasonable plan to save their homes.

However, there are also valid reasons why homeowners may want to consider bankruptcy to stop foreclosure as a last resort, rather than as their first line of defense. There are numerous methods that are available to stop foreclosure, and working with an attorney to file bankruptcy may not be the most appropriate solution in every case. Foreclosure situations are always unique, and deserve a serious evaluation to determine the best way to save the home.

Filing bankruptcy can be a complex process that is expensive and may not bring about the desired results, in addition to harming the homeowners’ credit. When the homeowners’ finances have not sufficiently improved to the point of being able to afford the repayment plan, the bankruptcy is doomed to failure from the very beginning. Foreclosure victims should not agree to a repayment plan that they know will be unmanageable in the long run, because missing a payment in bankruptcy means that the foreclosure process will start back up.

There is also the possibility of running across an unscrupulous bankruptcy attorney who does not act in the best interest of the foreclosure victims. Horror stories abound of homeowners who paid for the bankruptcy to be filed and the attorney simply did nothing with it, resulting in the loss of the home to foreclosure. Other attorneys have been known to advise clients to continually switch from a Chapter 13 to a Chapter 7 and back and forth over and over again, in an effort to have the clients pay substantially more in fees for each new filing. Although the vast majority of attorneys will act in the best interests of their clients, it is important that homeowners be aware of potential scams, even among bankruptcy lawyers.

Thus, bankruptcy is a solution to foreclosure that most homeowners should examine with a reputable attorney, even if it is just to have a last-ditch effort to stop foreclosure on their homes. Foreclosure victims need to be aware of the implications of filing bankruptcy, and do their best to avoid being taken advantage of by a scam, but this option should not be ruled out entirely. Despite its complexity, drawbacks, and potential pitfalls, filing bankruptcy to stop foreclosure may give homeowners that one last chance to put the foreclosure process on hold for just long enough to find a more reasonable solution.

The ForeclosureFish.com website focuses on helping homeowners stop foreclosure on their own by using the most relevant information and resources available to them. With a daily-updated foreclosure blog and literally hundreds of pages of foreclosure information on the site, ForeclosureFish.com provides homeowners with all of the tools they need to save their homes from foreclosure. Visit their website today to learn more about the foreclosure process and download your free e-book: http://www.foreclosurefish.com/

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Saving Your Home With Chapter 13 Bankruptcy

September 14, 2011 By Leave a Comment

By James Witherspoon -

Individuals who are faced with the prospect of foreclosure may have legal options to save their homes through Chapter 13 bankruptcy. As with any legal matter, very strict conditions apply, and not everyone may qualify for this option.

When an individual declares bankruptcy, regardless of the chapter, his or her debts are placed in an automatic stay. This means that creditors, including mortgage lenders, cannot seek repayment from the individual, usually for a period of three or four months.

Under Chapter 13 bankruptcy, individuals are allowed to restructure their debts. What this means is that the individual is allowed to work out more manageable repayment plans with their lenders so that they can repay their debts over a period of time.

Home mortgages are included among the debts that individuals are allowed to restructure. However, individuals may only work out plans to repay their past due amounts. Whatever future payments arise will not change.

Because individuals are allowed to restructure their past due debts, individuals who can work out plans to repay their past due mortgage payments and who can stay current on future payments may be allowed to keep their homes.

It is important to note that individuals wishing to save their homes in this way will have to declare bankruptcy before being served with their foreclosure notices. If an individual has already been served with a foreclosure notice, then he or she may not be able to save his or her home through a bankruptcy filings.

Before deciding on declaring bankruptcy, individuals are advised to seek experienced legal help. Declaring bankruptcy may not be the best option for some individuals wishing to save their homes, but may be incredibly valuable for others.

Foreclosure and bankruptcy are both daunting and stressful. If you are facing both, you should discuss your financial options with the Arizona bankruptcy attorneys of The Harmon Law Office, LLC.

James Witherspoon

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New Bankruptcy Law Makes it Harder to Stop Foreclosure

May 23, 2011 By Leave a Comment

By Herbert Addison -

On October 17, 2005 President Bush’s sweeping bankruptcy reform law goes into effect forever changing the rules of debt collection in this natiion. Consumer advocates and the public appear to be completely unaware of the total and complete victory of the creditors under the new legislation. This article opens the door to the Trogan Horse so that consumers can prepare themselves for the worse.

The most important aspect of the bankruptcy code was the “automatic stay” provision. This allowed consumers to file for bankruptcy at anytime during the creditor’s collection process putting an immediate stop to all contact and collection activities from the creditor. The new law requires that a debtor receive credit counseling from an approved non-profit credit counseling agency for 180 days prior to filing Chapter 7 or Chapter 13 bankruptcy.

While this may sound benevolent, a much closer look at the practical effect of this provision reveals the crafty peeling of the debtor’s rights. The 180 day requirement is to provide the credit counseling agency the opportunity to work out payment plans with creditors. However, during this same period of time the creditor is not restrained from collection efforts. For example, Margaret is a homeowner in Jacksonville, Florida and is six months behind on her mortgage. As a rule, credit counseling agencies only work with credit card companies and have little or no training with dealing with mortgage companies.

After receiving foreclosure papers, Margaret goes to see her attorney to file for bankruptcy and is told that she must first seek credit counseling before filing for bankruptcy protection. Meanwhile, the foreclosure proceeds on schedule and a sale date is set 120 days later. However, Margaret still has not completed her 180 day requirement. What will happen to Margaret’s home? That’s right! The home will be sold and she cannot stop the sale by filing bankruptcy.

This is the most sweeping shift in debt collection in the past 50 years. Margaret’s only hope will be to work out a repayment plan or a loan restructure with her mortgage company. This is a process called loss mitigation and is explained in great detail to consumers in our new book, How to Save Your Home, ISBN#09753754-0-7, $19.95, SYH University, LLC, 2005 which is sold at Amazon.com.

Loss Mitigation works because lenders lose an average of $28,000 to $50,000 per foreclosure nationwide. It is a myth that the lender wants your home and makes a profit off of foreclosure. A lender has to pay attorney fees, court and collection costs, maintain fire insurance, hire a real estate professional, repair structural and other damage to the home, and pay property taxes. The homeowner can work out an agreement with the lender in over 90% of cases. Our company has provided housing counseling service to thousands of homeowners and loss mitigation absolutely works.

In conclusion, it is up to the consumer to educate and prepare themselves for worse case scenarios. How to Save Your Home is an excellent training tool and will teach homeowners how to protect themselves under the new bankruptcy law. Most Americans do not have health or disability insurance and are vulnerable to job layoffs because of a stagnant economy. Who amongst us is immune to heart attacks, business failure, strokes, law suits, tax liens or other challenges that life sometimes presents. One pay check is literally what separates many families from home security and despair and the new bankruptcy law will severly punish those who slip behind on their mortgage payments.

Herbert Addison, JD, CHC is a Certified Housing Counselor and a member of the Virginia Association of Housing Counselors. Mr. Addison is co-author of the new book, How to Save Your Home, and has helped thousands of families to save their homes from foreclosure sales.

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What Does a Lis Pendens Mean in the Foreclosure Legal Process?

January 28, 2011 By Leave a Comment

By Nick Adama -

One of the legal terms that homeowners in foreclosure often come across is lis pendens. They may initially find out about the term when attempting to refinance their house and the mortgage broker turns them down because of this type of document filed against the property. If a lis pendens has been filed, it will show up with the county recorder as a document affecting the title.

A lis pendens does not stop or prevent foreclosure at all, as it is merely a document serving notice upon any other party that is researching the particular property affected by the document. In most cases of a homeowner behind on the mortgage payments, the lender’s attorneys will file the initial foreclosure lawsuit with the court and a lis pendens will be sent to the county clerk or recorder’s office to indicate that a particular property is in the process of a pending litigation.

The term lis pendens is Latin for “lawsuit pending,” and the lawsuit that it is referring to is the legal process of foreclosure. If the lender was not suing for the property to be sold for payment of the defaulted mortgage loan, this document would never be filed in the first place, as no lawsuit would be pending.

In fact, a lis pendens specifically indicates that the property is facing foreclosure, and the document will show anyone, such as a title company or prospective foreclosure refinance lender, researching the real estate that it is involved in a lawsuit. So the lis pendens is meant to signify the foreclosure; it does nothing to prevent the foreclosure, but it does not itself affect the homeowners’ ability to save their home.

The most commonly used legal mechanism that would stop foreclosure is filing bankruptcy with the court, and even this only puts the process on hold while the creditor and debtor are coming to an agreement to negotiate a settlement of the debt.

Homeowners may also wish to consider getting rid of the lis pendens affecting their home by mounting a defense against the lawsuit that has led to the foreclosure process. This is a direct defense of the litigation, though, not an extra legal process like bankruptcy that may be used to put the suit on hold.

If a lis pendens is filed with the county recorder against a piece of property, this indicates that the house is already in some stage of the foreclosure process. The homeowners are no longer in the preforeclosure stage, or merely behind in payments. At this point, foreclosure can not prevented, as it is already being pursued by the lender and its attorneys — it must be stopped, and homeowners need to begin putting together a realistic plan and researching various ways to stop foreclosure, such as a mortgage modification, repayment plan, selling the house, or a foreclosure bailout loan.

The ForeclosureFish.com website has been designed to assist homeowners in saving their homes from foreclosure on their own. Hundreds of pages of information, articles, and blog entries are available, describing various methods that homeowners may use to prevent foreclosure Visit the website today and begin learning how the foreclosure process works and what can be done to stop it before losing your home: http://www.foreclosurefish.com/

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Why File Chapter 7 Bankruptcy?

July 20, 2010 By Leave a Comment

By Jacob Malewitz -

Chapter 7 bankruptcy is so common because it’s so effective. Many ignore their opportunity to be free of debt, creditor harassment, and the nagging feel we all get when behind on bills. There are both advantages and disadvantages in filing Chapter 7. This guide points out both, while also explaining how the process works.

Advantages

Chapter 7 bankruptcy is about getting the fresh start you deserve. Many look down on bankruptcy. Look at it this way: it’s your chance to take real help from the government, who you’ve likely been paying taxes to.

The biggest benefit is monetary, of course. You can discharge almost all major debts, including credit card, medical, and mortgage. For example, you might have $10,000 in credit card debt, $25,000 in medical because you have no coverage, and you just lost your job. In such terrible moments, you have no options, right? No, because you can file and discharge all this debt and be able to use money from your next job to pay other more necessary bills.

Any personal bankruptcy also begins what’s called an “automatic stay,” which means creditors must stop collections against you, usually for several months. You may lose your home, simply because you can’t afford the bill. You can, however, discharge the debt. And you get to stay in the home for quite often several months free until you can find a new place.

Creditor harassment is another nagging concern those in debt have. First off, if creditors are threatening you or calling all hours of the night, you have a right to sue. So be sure you are not dealing with some inappropriate harassment; consider it a crime against you. But, creditors have no reason to contact you if you file bankruptcy. They will stop calling in most cases, if not you can refer them to your lawyer.

Disadvantages

It was mentioned you might lose your home. You can discharge a mortgage debt, but you’ll lose the home. You can discharge a car debt, but you will lose the car. In these cases, you can go outside the bankruptcy to pay on them if you have money coming in. if you have a valuable home and car, Chapter 13 bankruptcy may be better. Contact a lawyer.

You cannot discharge tax, child support, and alimony debt if you file. In these cases, again Chapter 13 may be a better option, but you still have to pay something.

How much does it cost?

Chapter 7 bankruptcy costs $299 to file. You also need an experienced bankruptcy lawyer to handle your case. It’s too important not to hire one.

Why not Chapter 13?

Chapter 13 bankruptcy has advantages and disadvantages too. In most cases, Chapter 7 has more benefits, such as if you have no income coming in or if you have a lot of credit and medical debt. On the other hand, if you have a job and therefore some money coming in, and you want to keep valuable assets like your home and car, Chapter 13 is smart. Why? It can often stop a foreclosure and a car repossession. You have to pay some or all the debt, but over a period of 3-5 years.

Who can help?

You need an experienced bankruptcy lawyer to help. It will cost some money, but it’s more than worth it. When you think about it, consider how much money you will save or how many assets you will keep if you file. The value of a lawyer has just gone up, hasn’t it?

Jacob Malewitz is a professional writer specializing in informing readers on law topics for many top sites and blogs. For Chapter 7 and 13 bankruptcy help in New York, Nevada, and California, he recommends http://www.PriceLawGroup.com.

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