| 12 entries found. Viewing page 1 of 1. |
| |
| September 07, 2010 |
| Real Housewives Of New Jersey Teresa & Joe Giudice Accused of Hiding Assets In Their Bankruptcy Filing! |
| Posted By Marc Wagman |
 |
My wonderful wife likes to watch the Real Housewives Series on Bravo, especially the Real Housewives of New Jersey series. I started to watch the series with her last year and I have to say that it rather interesting if you like high drama, its kinda like watching a train wreck or a car crash. Last year in October 2009, one of the reality shows main characters Teresa & Joe Giudice filed a Chapter 7 bankruptcy while the show was filming. A Chapter 7 bankruptcy is a "straight bankruptcy" or a liquidation bankruptcy where the trustee or court appointed officer liquidates any non-exempt assets for the benefit of creditors (Learn More About Chapter 7).
A Chapter 7 like any bankruptcy is filed under the penalty of perjury and perjury is a very serious crime just ask Bill Clinton and Scooter Libby both were convicted of it. According to this article, the Giudice's allegedly hid assets from the trustee in order to keep them from creditors. In addition, it appears that from public records and news reports one of their creditors and their case trustee are objecting to their discharge.
It appears from public records and news reports that several adversary complaints have been filed against the Giudice's alleging fraud. Just recently, it appears that the United States Department of Justice Office of the United States Trustee filed a 19 page objection to the Debtor's discharge alleging that the Debtor failed to list several assets on the initial petition and subsequent amendments including any bank accounts held by either debtor, several vehicles, the Debtor's wife's interest in her book "Skinny Italian" a New York Times best seller, several business interests that Joe Giudice derives income from and has an interest in which included two parcels of land, as well as other assets. Despite the Debtors making several amendments to their petition the Debtors are alleged to have still failed to list several assets.
This article, provides a link to the actual adversary complaint by the United States Trustee. It appears from reading the complaint that the trustee conducted the 341 meeting and was "tipped off" about fraud so he conducted a 2004 examination (a deposition) where the Debtors were asked about several of the "discrepancies" between their petition and reality. What is rather apparent for anyone who watches the reality series that the Debtors had assets that were not listed in the filing and it was just a matter of time before the Trustee was going to inquire further into their assets. Mrs. Giudice is also alleged to have not listed her interest in her best selling cookbook, and her website that sells various items and produces significant income which she is the sole member. According to the complaint, the Debtors "tax returns" submitted to the case trustee were never even filed with the IRS for 2006, 2007, and 2008 which is required pursuant to 11 U.S.C. 521 and can result in dismissal of the bankruptcy case. Further, the complaint alleges that upon examination of Mrs. Giudice's bank records significant deposits of over $100K were allegedly made prior to the filing and over $192K were allegedly deposited into her personal account after the filing.
Even more troubling it is alleged that the contract for the publishing of her book "Skinny Italian" was dated approximately one week prior to the petition date and was signed right after the filing on November 18, 2009, and the Debtor's spouse received significant income and royalties from the sale both pre-petition and post petition. It is apparent from news reports that the trustee in the case believed that the book and the royalties derived from the book were property of the estate and he filed an objection to the Debtor's discharge on that basis among others. Despite their attorneys argument in news reports that any income derived post petition was theirs to spend it is a big problem. As an Experienced Chicago Bankruptcy Attorney it is rather clear that the Giudices have a lot of unresolved issues and problems with their bankruptcy filing. It is this attorneys opinion that these Debtor's will get criminally charged for their omissions which could result in several felonies. They also will likely not receive their discharge. What is rather clear is that if the Giudices go to trial on the adversaries then it will be a major public spectacle.
A rather perplexing question I am thinking about right now is whether the attorney who filed the petition could also be in hot water, pursuant to "Rule 9011" and 11 U.S.C. 707 (b) which was amended in 2005 required that the Debtor's attorney make a reasonable inquiry to verify that the information contained in the documents are (1) well grounded in fact; 2) warranted by existing law or a good faith argument....". What is clear is that the 2005 amendments and the addition of 707 B to the bankruptcy code put a higher standard on the Debtor's attorney to do "due dilligence" and a "reasonable inquiry" into the Debtor's schedules and petitions that are filed with the court. 11 U.S.C. 707 (b) (D) states that "The signature of an attorney on the petition shall constitute a certification that the attorney has no knowledge after an inquiry that the information filed with such petition is incorrect". However, I have not seen any case law sanctioning an attorney for the omissions of assets made by a Debtor; however, it is a rather interesting provision that may become applicable to this kind of case or others where a Debtor misleads the court so significantly and the Debtors fail to list several assets. The question that I have is where is the line for the attorney and at what point after numerous amendments to the petition to add both debts and assets does the attorney become a "party" to the fraud and at what point are you perpetuating it?
In addition, what I cannot fathom are the news reports where the Giudice's attorney argues that the income from the book "Skinny Italian" is not property of the estate because "it was earned post petition" and the circular argument that Mrs. Giudice was entitled to spend the money because if she didn't spend it the trustee could "seize it". It seems to me that there was a legitimate dispute between the trustee and the Debtor's attorney as to whether the book was estate property. However, it is my opinion is that if the Debtor had any intellectual property at the time of filing then the trustee has the right to argue whether it is property of the estate and it should of been listed on the schedules. If the contract is dated pre-petition and signed post petition within a very short period of time then it is an rather easy inference that the book was not written post petition because it was already being negotiated by the Debtor for her contract. Further in my opinion, if there is a question on whether something is estate property then you litigate the issue and you do not let your client spend the proceeds or at least you advise them not to spend the money until the court decides the issue.
No matter what, it is this attorney's opinion that the case has now turned into a litigation nightmare and a malpractice trap for the filing attorney. It is also important to note that if the Giudices claim their 5th amendment right to not incriminate themselves in any trial or deposition in bankruptcy to prevent criminal prosecution they can say bye bye to their discharge automatically because then there is an inference of fraud by claiming the 5th amendment.
I cannot state how important it is for a Debtor to list all assets and liabilities in a bankruptcy. Our office hands out a disclosure pursuant to 11 U.S.C. 527 (a) (2) which states under very uncertain terms that a bankruptcy is filed under the penalty of perjury, and that all assets and liabilities must be listed. In the rare instance that a client fails to list an asset then the trustee would likely go after said asset, and could possibly object to the persons discharge, unless it is an innocent omission by the Debtor. Bankruptcy fraud is a serious criminal act and it is a felony, a person can spend up to five years in jail and pay a $250,000 fine. If a person commits bankruptcy fraud they are almost certain to lose their discharge on all of their debts just as the Giudice's are very likely to lose theirs.
It is imperative that the Debtor tell the truth and the whole truth when filing bankruptcy. Our office will very rarely see a Debtor who wants to lie to the court, and even if the occasional client who walks into our door wants to lie they would never be so brazen to show off assets on TV, spend a ton of money on TV prior to the filing, or show off assets to their attorneys and then fail to list them on their schedules. Further, if the client insists on not telling the truth we will of course not touch the case and will not file the petition, and we will of course send the potential client out the door. The FBI investigates bankruptcy fraud and the Department of Justice will and does prosecute bankruptcy fraud.
It is this authors opinion from experience that about 99.9% of our bankruptcy client are the "honest but unfortunate debtor who deserve a fresh start" and warrant the discharge issued by the court. It is really sad that these numbskulls perpetuate the impression that a lot of debtors are doing something wrong by filing bankruptcy which is an unfair and unwarranted assumption. It is this authors opinion that the Office of the United States Trustee is going to pursue criminal charges in the Giudice's bankruptcy filing due to the fraud and "celebrity" status just as the DOJ did in the Martha Stewart insider trading case. There is a significant deterrence factor when the person is a public figure such as the Giudices and to give them a very stiff sentence if they are convicted and to make an example out of them to deter others from doing the same. This story is certainly a lesson in what you should not do when you file a bankruptcy!
Marc Wagman
|
|
| Continue reading "Real Housewives Of New Jersey Teresa & Joe Giudice Accused of Hiding Assets In Their Bankruptcy Filing!" » |
|
Permalink  |
| |
| September 03, 2010 |
| The Chapter 7 Bankruptcy Dilema |
| Posted By Marc Wagman |
|
This article Banks Feast on Bankrupt Consumers, speaks about how the credit card industry and banking lobby pushed through the 2005 bankruptcy reform act. The bankruptcy reforms enacted by Congress, were heavily pushed by the credit card industry in response to the "perception" that consumers should not be able to walk away from their credit card debts in a Chapter 7 liquidation Learn More about Chapter 7. The "trap" that the banks lobbied for was to put more middle class consumers into a Chapter 13 repayment plan over five years ((Learn More About Chapter 13 with an Experienced Chicago Bankruptcy Attorney)). The Chapter 13 that the banks lobbied for was an automatic five year repayment plan based upon the means test which is your "average income in your state for the size of your household (or an average of the person income over the last six months from all sources to come up with the persons "income" if that number is over the median income you are "presumed" to have to do a Chapter 13, but you go through "the full means test" then only deducting hypothetical census bureau standard living expenses in your area and/or "other legitimate expenses" that Congress believed were "appropriate" under the test).
There are some major points that the article makes that I believe are very important and noteworthy.
1) The 2005 bankruptcy reform did slow the rash of filing for bankruptcy for a couple of years. ( you can look at the filings at the ABI and they did in fact decrease significantly)
2) Americans are saddled with more debt than ever and their incomes have dropped significantly in this "downturn" although more people are now saving
3) Chapter 7 Filings have now increased to pre-2005 levels
The last point number three is the most important thing to focus on here. Number three is important because Chapter 7 bankruptcies generally only will increase after the 2005 change of law if two things are true 1) middle class or upper middle class consumers are not making more than the median income in the state and are then eligible for a Chapter 7, and 2) the filer has very little or no assets to protect and then they are then eligible for a Chapter 7. This means that those Chapter 7 filers if they are "middle class" generally are either out of work or have had a reduction of income and have little or no savings to protect. Generally most economists will agree that for our economy to improve consumers must spend money and the middle class consumer must be economically sound. Every day our office sees the "downturns" casualties, from all walks of life. It seems that everyone is struggling at this point and everyone is worried about losing their job.
Our Chicago Bankruptcy Attorneys, are here to help you when you are struggling with insurmountable debt and a potential or actual job loss. We are experienced Chicago bankruptcy attorneys who represent the struggling consumer who are living paycheck to paycheck struggling to pay all of their bills. Whether it is a lose of a job or reduction in income, divorce, medical debt, or just crushing debt we are here to help you navigate through the process of bankruptcy and we are here to answer your questions.
If you have a garnishment we can stop the deduction with the filing of either type of bankruptcy. If you are in foreclosure a Chapter 13 will stop the foreclosure. Our consultation is free, and we will be sure to give you all of your options which include not filing a bankruptcy. We want you to lose your debt and keep your dignity!
|
|
| Continue reading "The Chapter 7 Bankruptcy Dilema " » |
|
| Permalink |
| |
| August 05, 2010 |
| The Foreclosure Process In Illinois |
| Posted By Marc Wagman |
|
Foreclosure in Illinois is a judicial foreclosure which means that it is administered by the courts. Specifically, the foreclosure is filed as a chancery case in that division if there is one in the county your property is in. The first step in foreclosure is that the lender will send out a notice of acceleration and a fair debt letter to the borrower, which is usually sent when the borrower is 3-6 months behind on their mortgage. Second, the foreclosure firm will due a title search on the property to make sure all parties are listed properly in the foreclosure such as other lien holders, any other liens on the property, and any other persons in the chain of title who have an interest in the property.
The complaint is filed with the court in the county that the defendant lives in or in Federal Court in some instances. The complaint is the start of the lawsuit, and must list
A) the date of the mortgage
B) the names of the mortgagor and mortgagee
C) the date and place of recording of the mortgage
D) the interest that is subject to the mortgage
E) the amount of the mortgage indebtedness
F) a statement of the default (there must be a default)
G) a legal description of the property
H) and any parties in interest to the property among other things
A copy of the original mortgage will also be attached as well as any assignments or proof that the plaintiff has the capacity to file the foreclosure against the defendant. The Defendant has 30 days to answer the complaint after service and present any defenses to the foreclosure. If the defendant does not answer the complaint then the plaintiff will often move for a default judgment. If the defendant answers the complaint and files an appearance then the foreclosure may go to trial, although most defendants do not file an answer.
For residential property, the redemption period will expire seven months from the date of service of process or the date the Court obtains jurisdiction over the defendant or three months from the date judgment is entered. There is a six-month redemption period for non-residential property. Redemption is your right to bring the mortgage fully current by paying any arrears with any interest and costs that the plaintiff incurred. The right of redemption may be shortened if the property is abandoned by the defendant to 30 days, but the plaintiff must prove this. Once the judgment is entered the borrower has a minimum of a 90 day statutory right of redemption of the property.
During this time the plaintiff will request a judicial supervised sale of the property. The sale may not be held until after the expiration of the redemption period usually six months after the judgment is entered for residential real estate. The foreclosure sale or sheriffs sale is where the bank or investor buys back the property from the borrower. In practical terms this is the last date for the defendant to file a Chapter 13 bankruptcy (Learn More about a Chapter 13) to cure any mortgage arrears pursuant to Colon v. Option One Mortgage (7th Circuit) which is binding in Illinois or bring the mortgage fully current by reinstatement by paying all arrears, interest, attorney fee's, and sending written notice to the mortgage company (i.e. their attorneys). It is important to note that the defendant will normally not get any notice of the sheriff sale or foreclosure sale unless they filed an appearance in the foreclosure, because the foreclosure firm will publish the sale in newspaper circulating in the area for 3 weeks.
The sale is not final until the court approves the sale which is usually 30 days after the sheriff sale. Nevertheless, the sale will be approved unless the court finds that one of requirements was not met, notice was not given or is defective, the terms of the sale were unconscionable, the sale was conducted fraudulently, or that justice was otherwise not done. It is extremely important to note that most sales are approved by the courts and the sheriff sale is extremely difficult to overturn once it has happened.
At that time, the judge will normally approve the sale and may allow for a personal judgment against the defendant for any deficiency. If a personal deficiency is filed against the defendant (borrower) then the person should likely file a Chapter 7 Bankruptcy to eliminate the claim against them. At the confirmation of sale a foreclosure deed will be issued to the mortgage company, and if the mortgage company was the only bidder at the sale then the defendant has a special 30 day right to redeem the property by paying off the entire mortgage plus any fees and costs. At the time of the expiration of the right of redemption (after confirmation of the sale) the mortgage company gets possession of the property; nevertheless, the time period will vary on the lender, and who is in the property.
It is important to realize that hiring an Experienced Chicago Bankruptcy Attorney prior to the sheriff sale is necessary to save your home from foreclosure. Once the sheriff sale happens it is too late. We often hear from potential clients who are too late to save the property and call after the sheriff sale. As long as the person is proactive and calls the foreclosure attorneys for updates then they will know where the mortgage company is in the foreclosure process. We can save your home from foreclosure or you can wipe away the debt with a Chapter 7. If you have any questions please call our office at 312-666-7882.
Marc Wagman |
|
| Continue reading "The Foreclosure Process In Illinois" » |
|
| Permalink |
| |
| August 04, 2010 |
| What is Debt Consolidation and How Does It Differ From Bankruptcy? |
| Posted By Marc Wagman |
|
Debt consolidators are everywhere and their advertisements can be heard on the internet, the radio, and now on TV. A reputable debt consolidator will attempt to negotiate a settlement for debts which are in default for a lower amount than is owed to the original creditor. The debt consolidation company will either negotiate a lump sum settlement amount with each creditor or have you pay a monthly amount in order to build up enough money for the company to settle the amounts with your creditors. So what is the catch?
The problem with debt consolidation is that many of the people cannot afford to pay either a lump sum payment to each one of their creditors and have to do it over time by making monthly payments to the debt consolidation company. An individual or couple may not have enough money to pay the monthly payment and may be using money they need for other household expenses. Also, the person must fall into default in order for the creditor to take a lower amount than is currently due, and interest will accumulate on the debt that is owed and the creditor will report each month to the credit reporting agency decreasing your credit score each month. The debt consolidation company will often take a percentage of any payments that you make each month and usually any money you pay to them is largely non-refundable or they take a large upfront fee.
The most important risk that a person takes when they choose debt consolidation is that they may risk garnishment, a frozen bank account, or a lien on real estate if a creditor sues the person. In sum, there is no protection against a lawsuit from one of the creditors if they decide to sue. The phone calls for collections also generally don't stop. Here is an article See the article detailing debt consolidation and what a person should look for. In the article it says that as many as 21 states have sued unscrupulous debt consolidators and complaints are rampant according to the FTC.
Bankruptcy will differ in the following ways from debt consolidation. Bankruptcy has the force of federal law and the automatic stay is your protection from any creditor coming after you for money or property Read More about the Automatic Stay. Most assets can be protected from your creditors. When a person files a bankruptcy there are set laws which are predictable for both the Debtor and the Creditors. Whether a person files a Chapter 13 Learn More about Chapter 13 there assets are not at risk and the person will repay debt back from 3-5 years without interest at a percentage. A Chapter 7 is a liquidation bankruptcy where the person does not pay any debts back Learn More about Chapter 7 and gets to keep exempt property. When filing with an Experienced Chicago Bankruptcy Attorney like our office we know the bankruptcy laws and we will guide you through the entire process, answer any questions you may have, and treat you with respect and dignity. Filing a bankruptcy is an important financial decision; however, it is a decision that a person should seriously consider if they are facing overwhelming debt, loss of a job, or a divorce. I meet with people almost every week who first try debt consolidation who waste precious money and time and ultimately end up filing a bankruptcy.
Marc Wagman
|
|
| Continue reading "What is Debt Consolidation and How Does It Differ From Bankruptcy? " » |
|
| Permalink |
| |
| July 30, 2010 |
| Bankruptcy is for the Honest but Unfortunate Debtor |
| Posted By Marc Wagman |
|
Bankruptcy fraud is a serious issue for both the attorney and of course the Debtor who files the bankruptcy petition. My wonderful wife likes to watch the show "The Housewives of New Jersey" and I have become enthralled in watching the reality show with her. One of the cast members and her husband (Teresa & Joseph Giudice) filed a Chapter 7 Learn More about a Chapter 7 bankruptcy last year. A Chapter 7 bankruptcy is a liquidation bankruptcy. Once a person files a Chapter 7 bankruptcy an estate is created of all the persons property they hold or have held in the last four years (or longer). The trustee or appointed court officer who is appointed to the person's case must liquidate any non-exempt assets for the benefit of the Debtor's creditors.
It seems from news reports and public records that the Guidice's lavish homes contents are scheduled for auction by the court appointed trustee. See the Article To make matters worse the trustee is filing an objection to the Giudice's discharge based upon a false oath (perjury) and their failure to explain their loss of assets and financial demise with proof through their books and records. The trustee is seeking to make all of their debts listed in the bankruptcy non-dischargeable under 11 USC 727, which is a very serious matter. If the trustee settles with the Giudices then any creditor may be able to step into the shoes of the trustee to object to the discharge according to current precedent. One creditor already has filed an objection to their discharge according to reports based upon allegations of fraud relating to Mr. Giudice.
The trustee has also alleged that the Giudice's failed to list interests in businesses, revenue from and interests in a book that Teresa Giudice wrote which is a New York Times bestseller, and other items as well as undervaluing property. Ms. Giudice in previous episodes can be seen spending lavishly on expensive clothes, going on shopping sprees, and throwing lavish parties for herself and her children. In the most recent episode, Teresa and her husband can be seen taking a rather lavish anniversary dinner at a nice hotel where they were staying, taking a limo there, and he gives her a purported enormous "yellow diamond ring" for her anniversary gift despite his financial problems and later filing of the bankruptcy (Maybe it was a Fugazi (fake) which was discussed earlier in the same episode), but nevertheless the trustee is likely to inspect that ring to make sure it is fake and if it is not then the trustee will likely liquidate it for the benefit of their creditors. I am sure there will be more news to come with regards to their bankruptcy.
Nevertheless, when filing a bankruptcy it is necessary to list all your assets and liabilities. Failure to do this can and may lead to prosecution by the Department of Justice for bankruptcy fraud (with stiff penalties of up to 5 years in jail and/or a $250,000 fine). Further, the trustee can and likely will object to the discharge of a person who undervalues assets or fails to list them in their petition and schedules. For a person to file a Chapter 7 or any bankruptcy they must fully disclose an accurate picture of their financial situation and explain the loss of income or property etc. In some cases the trustee may ask for proof of bank records, cancelled checks, or credit card statements. The failure to provide those documents can lead to an objection to the persons discharge. Further, if a person undervalues assets then the trustee has the right to get an accurate appraisal or value for the listed properties or even inspect them.
When a client comes into my office and asks what do I need to list? I say everything "ALL ASSETS and LIABILITIES" and I tell them that they cannot pick and choose what they list and do not list. Everyone will sign a disclosure required under federal law 527 (a) (2) which is to be given prior to retaining our office which states the above in no uncertain terms. When filing a bankruptcy with an Experienced Chicago Bankruptcy Attorney we would never put a client in a position to perjure themselves. Further, we have a duty under the bankruptcy code to make all reasonable attempts to do due diligence with regards to the Debtor's assets and liabilities. As court opinions will often say, "bankruptcy is for the unfortunate debtor who cannot afford to pay their creditors back, but want too" almost all of the clients we see seek the protection of bankruptcy because they have no other alternatives other than a bankruptcy.
Marc Wagman
|
|
| Continue reading "Bankruptcy is for the Honest but Unfortunate Debtor" » |
|
| Permalink |
| |
| July 09, 2010 |
| Abusive Practices By Debt Collectors |
| Posted By Marc Wagman |
|
The Federal Trade Commission reports that complaints about debt collectors have risen 50% in 2009 and this year they expect a 13% increase over last years number of complaints See the Article. In addition, complaints of debt collectors using obscene or abusive language spiked 35% from last year. It is often my experience that when a potential client comes into our office and is behind on their bills they will tell me about the abusive practices of some of the collectors for their debts. Often it will be phone calls at work, phone calls to relatives, abusive language, threats to sue or send the sheriff out to arrest the person, divulging personal information to the person's employer, and constant phone calls at all times of the day and night.
Whether a person files a Chapter 13 Learn More about Chapter 13 or a Chapter 7 Learn More about Chapter 7 with a Chicago Bankruptcy Attorney like us, the creditors phone calls must stop. Once a person files the case an automatic stay goes into place which stops creditors from suing, collecting, or harassing you to pay any debts. The automatic stay is your protection from creditors.
Further, the Fair Debt Collections Practices Act or FDCPA provides a civil remedy for any creditor who uses abusive or deceptive debt collection methods. It provides for damages of $1000 for each violation, compensatory, and sometimes punitive damages, as well as attorney fee's Learn More about Creditor Harassment and the FDCPA from the FTC's website. Common violations of the statute will commonly be one of the following:
1. Threats to use violence to collect the debt, or abusive or profane language
2. Causing the telephone to ring excessively, to annoy or abuse the person, or calling after 9 pm at night or calling the persons employer and divulging personal information or defamatory information to a third party.
3. False or misleading representations by the debt collector (the person saying they are with a state agency or the police department, or an attorney etc).
4. unfair or unconscionable means to collect a debt
5. and the failure to validate the debt after an initial communication
As an Experienced Chicago Bankruptcy Lawyer we often hear from our clients that they want to pay their bills, but the vast majority don't have the ability to do so. We realize that if you had the money to pay your creditors you would not be speaking to us and that bankruptcy is usually your last resort. We will help you lose your debt while still maintaining your dignity!
Marc
|
|
| Continue reading "Abusive Practices By Debt Collectors " » |
|
| Permalink |
| |
| June 29, 2010 |
| Even Governments may be filing Bankruptcies Soon |
| Posted By KC Swanson |
|
| As many Chicagoland area residents consider their financial woes and the possibility of filing a Chicago Bankruptcy they must realize they are not in this alone. Bankruptcy may be a very real possibility for Illinois and other States in the United States. With unemployment benefits running out for many Chicagoland residents the financial crunch will get tighter. If you find yourself in this position you may want to give some serious consideration to filing a Chapter 7 or Chapter 13 Bankruptcy in Chicago. If creditors are calling you regulary or you are being threatened with a paycheck garnishment or a bank accoutn levy you may not want to consider taking out a short term loan. The interest rates and payment plans for these type of short term loans will more than likely end up adding another debt to your already growing debt without really taking care of any of your already existing bills. If you find the right Chicago Bankruptcy attorney and you qualify for a bankruptcy you may be able to relieve yourself of all your debt woes. In addition, our firm's unique fee structures may allow you to get your case filed fast and affordable in time to stop those garnishments, levies and harrassing collector calls. So Please call or email our firm today to discuss a possible solution to your Debt problems. Remember, Lose YOUR Debt and KEEP your Dignity. |
|
| Continue reading "Even Governments may be filing Bankruptcies Soon" » |
|
| Permalink |
| |
| June 21, 2010 |
| How a Bankrutpcy Can Actually Help Your Credit Score. |
| Posted By Marc Wagman |
|
Whether you file a Chapter 7 Learn More about Chapter 7 or a Chapter 13 Learn More about Chapter 13 either type of bankruptcy will stay on your credit report for 10 years. Nevertheless, filing either type of bankruptcy with a Chicago Bankruptcy attorney like us may help your credit score more than not filing a bankruptcy. One of the biggest reasons most people wait to file a bankruptcy is that they perceive that their credit will be destroyed forever and that they will not gain access to new credit. See Common Bankruptcy Myths However, with either type of bankruptcy if you are in default on your bills prior to filing your credit score is hurt each month by the defaults. Your credit score will drop each month by any negative or derogatory reporting by a creditor on your credit report. If you have missed a payment on a mortgage or missed payments or been late on bills your credit score will drop each month.
Further, if you have a high debt to income ratio then your credit score will be impacted and any creditor will take that into consideration on whether to grant any new credit to you. However, by filing a bankruptcy and eliminating any future negative reporting and eliminating debt creditors will view any new extensions of credit as a new foundation to build upon. See Our Credit Restoration Page Often a potential client or client will ask how long before I get credit card offers or a home loan. Generally speaking a credit card can be had after the time of discharge or a few months after, same thing goes for a car loan. Purchasing a home usually takes around two years after the discharge. What matters most is what you do after the discharge. It is good to keep in mind that if your bills are in collections or you are behind on your bills your credit score is being hurt every month that you wait. If you are considering bankruptcy contact one our Chicago Bankruptcy Attorneys today Swanson & Wagman LLC Home Page
Marc Wagman
|
|
| Continue reading "How a Bankrutpcy Can Actually Help Your Credit Score." » |
|
| Permalink |
| |
| June 14, 2010 |
| How the Automatic Stay protects you when you file a bankruptcy. |
| Posted By Marc Wagman |
|
The automatic stay is a provision in the bankruptcy code under 11 USC 362. Whether a person files a Chapter 7 Learn More about Chapter 7 or a Chapter 13 Learn more about Chapter 13 an automatic stay goes into place upon the filing of the bankruptcy. The automatic stay is your protection from creditors. In essence, the easiest way to describe it is that it is an injunction which will stop creditors phone calls, collection activities, the repossession of a vehicle, and stop a foreclosure. It is a very powerful tool which keeps any creditor from taking any action against any money or property you may have. Learn More about Creditor Harrassment
The automatic stay also will stop any act to perfect or enforce any liens against real estate or any acts to collect or assess any claims that arose prior to the bankruptcy. The automatic stay also allows for damages if a creditor violates the stay with notice of the bankruptcy and may allow for punitive damages. At Swanson & Wagman LLC, we are here to help you navigate through the complexities of filing a Chicago Bankruptcy. We are Chicago Bankruptcy Attorneys who know how to use the protection offered by the automatic stay for your benefit. See Our Website for More Information and schedule a free consultation today!
Marc
|
|
| Continue reading "How the Automatic Stay protects you when you file a bankruptcy. " » |
|
| Permalink |
| |
| June 13, 2010 |
| Major Cause Of Bankruptcy Are Medical Bills |
| Posted By KC Swanson |
|
| For the first time in modern Bankruptcy history illness and the related medical bills are the number one cause of Bankruptcy. This is caused by a number of factors and the uniqure double whammy a long term illness can cause a consumer financially. Besides the fact that medical expenses are at an all time high and employees benefits are being cut or lessened more and more everyday it is no wonder that the consumer is really starting to feel the pinch. In addition to this expense the financial impact is doubled because more than likely the consumer is off work and not collecting income or receiving a reduced disability income. So if time off work and/or your medical bills are making you feel overwhelmed it may be time to consider filing a chapter 7 or chapter 13 Bankruptcy. Our firm specializes in assisting people with issues such as overwhelming medical bills and/or loss of income. When you come in for a free consultation we will first determine whether a Chapter 7 or Chapter 13
Chicago Bankruptcy is best for you. If it is then we will create a personalized, affordable payment plan that will allow you to get your case filed as fast and as affordable as possible. We truly believe our phrase "Lose your debt and keep your dignity" because we understand that you cannot control when you get sick and sometimes even the hardest working of us just cannot keep up with the medical bills of ourselves or our loved ones. So if you are feeling stress from this very type of situation I strongly urge you to call or email us, a chicago bankruptcy lawyer, today for your appointment for a free consultation. |
|
| Continue reading "Major Cause Of Bankruptcy Are Medical Bills" » |
|
| Permalink |
| |
| June 01, 2010 |
| Truths about Credit Consolidation and Borrowing More Money to pay your debt |
| Posted By KC Swanson |
|
| In this article, there are many options discussed in how to get out of your debt, including the choice of Bankruptcy. The article specifically states that borrowing more money at high interests rates or credit consolidation are usually not the best choice, but sometimes there are alternatives to filing bankruptcy. However, sometimes Bankruptcy is your only or best choice when it comes to fighting debt. Sometimes a Chicago Chapter 7 or Chapter 13 Bankruptcy can be exactly what your personal financial status needs to begin a true recovery with a realistic time frame to get back to a place where you can move forward. You can fill out our evaluation for free to determine if a Chicago Bankruptcy would be best for you. Also, it is important to choose an attorney who will truly determine ALL your choices and only recommend a chicago Bankruptcy if it is the best choice for you. That is why our firm may be perfect for you because we really push for a personalized experience at an affordable price. So pleasecall or email us today so we can begin the process of your recovery with a Chapter 7 or Chapter 13 Bankruptcy. |
|
| Continue reading "Truths about Credit Consolidation and Borrowing More Money to pay your debt" » |
|
| Permalink |
| |
| October 02, 2009 |
| Many New Chicago Bankruptcy Filings lead to many new Chicago Bankruptcy Lawyer Choices |
| Posted By KC Swanson |
|
| As evidenced by this article on the substantial increase in Bankruptcy Filings there are many more Bankruptcy cases being filed and therefore more than likely there are more Chicago Bankruptcy Attorneys out there to choose from. It is already an overwhelming decision for a person to file a chapter 7 or Chapter 13 Bankruptcy and to also now have to choose between 20 different attorneys for your bankruptcy representation can seem impossible. A few easy steps can make the choice much easier on Chicago consumers when they are seeking out a Chicago Bankruptcy Lawyer. First, communication is of utmost importance. You want to choose a Chicago Bankruptcy Attorney that will be easy to understand and more importantly easy to get a hold of when you have questions or concerns about your Chapter 7 or Chapter 13 Bankruptcy case. Next, you must determine your budget and be able to fully grasp the fee and the fee structure being presented to you by the Chicago Bankruptcy Attorney. If you do not understand or are not sure if your fees are all inclusive or when your Bankruptcy case will actually be filed, DO NOT sign a retainer and DO NOT put money down until you are satisfied and fully understand how the fees and your Bankruptcy case filing will proceed. Finally, you must determine how fast your case needs to be filed. Some Chicago Bankruptcy Lawyers may not be able to meet your urgent need to file your case to stop a garnishment or get your license back asap. At Swanson & Wagman LLC we make sure to address all these issues. We place communication and understanding at the top of the list for our Chapter 7 and Chapter 13 Chicago Bankruptcy clients. We also have personal and affordable fees and payment plans that allow you to have your case filed as fast and as affordable as possible. Finally, we understand there are times when your Chicago Bankruptcy case MUST be filed immediately and we are very capable of having your case prepared to be filed in a matter of days. So please go to our website or call us today to get started on your Chicago based Chapter 7 or Chapter 13 Bankruptcy attorney representation. All first appointments are FREE consultations so please call or email us today! |
|
| Continue reading "Many New Chicago Bankruptcy Filings lead to many new Chicago Bankruptcy Lawyer Choices" » |
|
| Permalink |
| |
| 12 entries found. Viewing page 1 of 1. |
| |