June 24th, 2008 by debt-advisor

When a creditor requests court permission to continue collection activities it is called a relief from stay. If the court grants the motion, the stay is lifted for this creditor only. A relief from stay motion cannot be sought just because a creditor is angry at being included in a bankruptcy. If that were true, then every creditor would file a similar motion. No, there are only a few, specific circumstances where a relief from stay will be sought and granted.
Normally, if you have no equity in a secured item, such as a car or house, and you stop making payments, the court will grant relief from stay because the lender’s interest in the property is not being protected. For example, Vicky was two months behind on her mortgage and on the verge of foreclosure when she filed her Chapter 7. She intended to catch up her mortgage with the extra money she anticipated having after filing, but she never did. A month after filing, she was three months behind on her mortgage. In that case, her mortgage company would probably go to court and request relief from stay so that it could continue to foreclose. Because Vicky was continuing to fall behind on her mortgage, the court would likely grant the motion, and the automatic stay would be lifted as to this creditor.
The stay stops all proceedings against you. If you are involved in a dispute unrelated to your bankruptcy, such as a divorce, the stay can be lifted as to that matter.
Category: What can go wrong in Bankruptcy |
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June 24th, 2008 by debt-advisor

If you are looking for business loans, you should be sure that you are able to gather all significant advantages, all for yourself. Many business loans provider give benefits like no application fees and any hidden charges. They should also guarantee a free credit pull with one-two days of approval period.
It would be better if the fund can be taken in a week or so.
Even if you have a quick cash on your hand you should be aware that it is just another debt that you should repay. Just use it wisely.
Category: Budget Basics |
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June 24th, 2008 by debt-advisor

Most bankruptcies proceed without a hitch. If you are honest in your petition and schedules, your discharge will be granted. For most debtors, the process from filing to hearing to discharge is seamless and surprisingly simple. However, sometimes problems do arise, either during the case or soon after the discharge is granted. Most are fairly easy to deal with if you understand your rights. The automatic stay remains in effect for the duration of your case. Yet sometimes creditors want to continue collection activities despite the stay. Usually, they will request permission from the court to do so. That is legal. Sometimes, however, a creditor continues to proceed against a debtor, but it does so without court permission. Doing so is illegal. While this does happen, luckily it is a fairly rare occurrence.
Category: What can go wrong in Bankruptcy |
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June 17th, 2008 by debt-advisor

If you have determined that you fall within the Chapter 13 parameters and that it will solve your financial problems, things proceed in a somewhat similar fashion as in a Chapter 7. First of all, you will need to have your Chapter 13 petition and schedules drafted and filed.
You will also need to file a plan detailing how much you have to pay into the plan every month, how much total will be paid over the entire course of the plan, the percentage return you propose to pay your unsecured creditors, and how long the plan is expected to last. You will need to make your first payment into the plan within a month of filing your documents. Failure to make plan payments will get your case dismissed. A month or two after everything has been filed, you will attend the first meeting of creditors. Unlike Chapter 7 creditors’ meetings, Chapter 13 creditors’ meetings often require more than one appearance, and creditors often show up. Unlike a Chapter 7 creditor meeting, which is intended to quickly discover if there are any unlisted assets or changes in the paperwork, a Chapter 13 meeting is a chance for the trustee to go over the plan in detail. He will ask questions such as
- Does the plan meet all legal requirements?
- Is the plan proposed in good faith?
- Will the plan pay everyone back in the requisite number of months?
The trustee may request that the debtor make some changes to the plan or may ask that some documentation be provided.
After the meeting of creditors has been concluded, you may be required to attend a valuation hearing, which occurs only if a creditor objects to the value you list in your schedules for its secured merchandise.
For example, maybe you think that your car is worth only $4,000, and your lender thinks it is worth $8,000. A judge will decide who is right. Finally, your plan must be confirmed by the bankruptcy court after the trustee signs off on it. If it is not confirmed, your case will be dismissed. In some jurisdictions, confirmation is accomplished without an actual hearing. Confirmation usually occurs about two months after filing the case.
Plan payments will be due every month, and payments are made to the trustee’s office. Other than that, you will probably have little substantial interaction with the trustee for the duration of your case. After you have made all of your plan payments, you will get your discharge.
Category: Dealing with a Chapter 13 Case |
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June 17th, 2008 by debt-advisor
Last week, I went to Alicante at the Eastern coast of Spain for a business trip. Back in times of Roman it was called Lucentum, which also meant The City of Light.
In a business trip, unlike in a holiday trip, car rental absolutely necessary due the tight schedule that must be met. It’s too risky to depend on mass transportation, when we do not fully understand the route and the local culture.
As usual I consulted Carrentals.co.uk, a Car Hire comparison engine to find the best car rental in Alicante. It only takes 150 Poundsterling to rent a medium-sized SUV for nine days, I can end up renting twice the price if I dont use this comparison engine.
Category: Random Thoughts |
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June 17th, 2008 by debt-advisor

Unlike a Chapter 7, which permits anyone to file, regardless of employment status or debt levels, a debtor contemplating a Chapter 13 must meet certain requirements.
Unless you meet these prerequisites, your case will be dismissed:
- Be an individual with regular income. Only individuals can file a Chapter 13. The only business entity that can file a Chapter 13 is a sole proprietorship, and even then, it can do so only in the name of the individual who owns the business. Corporations and partnerships must either file a Chapter 7 (which would cause the business to be shut down) or a Chapter 11 (which allows the business to stay open but is quite expensive).
- Have regular income. The individual who files must have a source of regular and stable income (usually a job) so that the court can be assured that the Chapter 13 plan payments can be made. Social security, welfare, or owning a small business would also constitute stable income, as would alimony, child support, or rental income. Because unemployment benefits are for a limited duration, they probably would not constitute stable income.
- Have disposable income. The heart of a Chapter 13 is the repayment plan. As such, you must be able to afford plan payments. So not only must you have regular income, but your income must also exceed your expenses by enough so that you will be able to repay your entire plan. When you fill out your budget (Schedules I and J), you must show that you have enough money left over at the end of every month to fund your plan. This strategy differs significantly from what you want to do in a Chapter 7.
- Be under the debt ceiling. In a Chapter 7, there is no limit as to how much debt you can have. You can have $10,000 in unsecured debt or $500,000. You can have $10,000 in secured debts or $1 million. It makes no difference. In a Chapter 13, your unsecured debts cannot exceed $250,000, and your secured debts cannot exceed $750,000.
- Give your “best effort.” The plan has to be the very best effort that the debtor can put forth. That means that the debtor will live frugally, without expending money for luxuries. Beyond that, best effort varies from district to district. In some places, it means that all creditors, secured and unsecured alike, must be paid in full. In others, it means that the debtor will pledge all disposable income to the plan.
In most places, as long as you propose a budget that is fair and modest (but not necessarily spartan), pledges all available extra capital to the plan, pays back secured and priority creditors 100 percent, and attempts to give your unsecured creditors something, the plan will be confirmed.
Category: Dealing with a Chapter 13 Case |
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June 16th, 2008 by debt-advisor
video conferencing equipment is already an ordinary office equipment all across the globe and we have representatives and also clients all around the world. However, many people make mistake when buying by only focusing on the equipment and place a little emphasis on the connection.
A few time, I joined a video conference station where the video streaming stuttered and even stuck due to bad internet connection, so it’s useless to have a top notch equipment if you can’t use effectively. The video equipment and a fast internet equipment will be installed in a couple of days and we hope that, it will improve our performance and coordination with our reps and clients all around the world.
Category: Random Thoughts |
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June 16th, 2008 by debt-advisor
The advantages of filing Chapter 13 should be fairly apparent. You are able to keep your property, make up any arrears you may have on your own terms, rid yourself of debts that you could not get rid of in a Chapter 7, and discharge any other debts. Depending upon the circumstances and the laws in your district, you may be able to get rid of unsecured debts for pennies on the dollar. On the whole, a Chapter 13, if it applies to your situation, may be the best thing you can do for yourself.
On the downside, paying the trustee back each month, every month, will surely get tiresome. Attorney fees are significantly higher in a Chapter 13 case than in a Chapter 7 case because a lot of work has to go into the plan and the various hearings. Also, your credit rating will be negatively affected. And what if you cannot finish your plan payments? You may end up in Chapter 7 anyway at that point. This possibility is discussed in detail at the end of this chapter.
Category: Dealing with a Chapter 13 Case |
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June 16th, 2008 by debt-advisor
There are so many online business loans provider today, with its own different loan and payment rules. But as a client you should choose a Business Loans service that can maximize your advantage. The most important consideration is its reputation; a good lending service would not require any payment during application process. Another important factor is low interest rate with APR approximately at 6%. The last one; is the ease of application process. Some business loan services even do not require documents for loan up to $350,000, all you need to do is to fill some forms and supply contact information.
Even with all of these advantages and ease in application process, you should still need to pay your debt regularly to avoid any unnecessary legal cases.

Category: Handling Business Debt |
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June 16th, 2008 by debt-advisor

Either of the following is also a legitimate reason for filing a Chapter 13:
- You received a discharge in a bankruptcy within the past six years. If you received a Chapter 7 discharge, you must wait at least six years before filing Chapter 7 again. If you received a Chapter 13 discharge, you must wait at least six years before filing a Chapter 7 (unless you repaid your creditors at least 70 percent of what you owed them). But in either case, you can file a Chapter 13 at any time.
- You want to wipe out debts that cannot be discharged in a Chapter 7. One of the true advantages of a Chapter 13 is that you can get debts discharged that cannot be discharged in a Chapter 7. Debts incurred by fraud, larceny, embezzlement, credit card fraud, assault, battery, false imprisonment, or defamation are not dischargeable in a Chapter 7. But in a Chapter 13, these debts can be repaid.
Category: Dealing with a Chapter 13 Case |
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