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Monthly Archives: March 2019

How Many Bankruptcies Can a Homeowner File?

22 Friday Mar 2019

Posted by BNG in Bankruptcy, Borrower, Federal Court, Judicial States, Non-Judicial States, Pro Se Litigation, Your Legal Rights

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Attorney Fees, Bankruptcy, bankruptcy court, Bankruptcy Filing Fees, Credit Counseling and Financial Management Courses, homeowners, How Many Bankruptcies Can a Homeowner File, How Much Debt Do I Need To File Bankruptcy

Homeowners often find the need to file for Bankruptcy in order to save their homes. Hopefully, your first bankruptcy filing will be your last, and you’ll be able to start fresh and regain control over your finances. But there are times when people need to file bankruptcy multiple times. For example, a homeowner with serious financial problems may file Bankruptcy not only to save their homes, but equally to protect other assets. Secondly, someone may have a serious medical condition, but can’t get medical insurance. If the medical bills keep piling up, that person may need to file bankruptcy multiple times to get those bills discharged. Homeowners often wonder – how often can we file for bankruptcy?

The Bankruptcy Code does not specify a maximum number of times one can file bankruptcy. Bankruptcy courts are more apt, however, to scrutinize a bankruptcy filing by someone who has already filed previous cases. If the person keeps charging up credit card debt for unnecessary items, the court may dismiss that person’s successive bankruptcy case.

Also, a person may be denied a discharge if he or she received a prior discharge in a previous bankruptcy case. If you file for bankruptcy under Chapter 7, the bankruptcy court may deny your discharge if you already received a discharge in a previous Chapter 7 case filed within eight years of your current case. The court will also deny your Chapter 7 discharge if you previously received one in a Chapter 13 bankruptcy case that you filed within six years of your current case, unless you paid the majority of your creditors in that prior Chapter 13 case. Finally, if you file for bankruptcy under Chapter 13, you’ll be denied a discharge if you received one in a prior Chapter 7 bankruptcy case that was filed within four years of your current case, or in a Chapter 13 case filed within two years of your current case.

There’s a lesson here – if you file for bankruptcy, make sure you do it right, or you may not be able to do it again for a number of years.

Bankruptcy is a federal legal process that consists, at minimum, of filing a court petition, attending credit counseling classes, and meeting with a bankruptcy trustee. In every consumer bankruptcy case there are three categories of fees: (1) bankruptcy filing fees; (2) credit counseling fees; and (3) attorney fees. Filing a bankruptcy case does not have to be expensive or unaffordable. Below are some tips and tricks to keep costs low.

Bankruptcy Filing Fees

Because bankruptcy is a federal legal process, court filing fees are the same throughout the country. For a Chapter 7, an erase-your-debts-start-fresh bankruptcy case, the filing fee is $306. For a Chapter 13, a repayment plan, the filing fee is $281. These fees must be paid to the clerk of the court upon filing. However, with the court’s permission individual debtors may pay in installments. The final payment cannot be later than 120 days after you file the petition. In some rare cases the filing fee may be waived altogether for debtors who earn less than 150% of the poverty level. Bankruptcy filing fees are the same whether a debtor files a single or joint husband and wife bankruptcy.

Credit Counseling and Financial Management Courses

The federal Bankruptcy Code requires each consumer debtor to receive credit counseling from a nonprofit budget and credit counseling agency approved by the United States Trustee within 180 days prior to filing a bankruptcy. This counseling fee is around $50.00 per household and is available in-person, by telephone, or over the internet. After filing, the debtor must complete an “instructional course concerning personal financial management.” This class is also available in-person, by telephone, or over the internet for a fee around $50.00 per filer.

The Bankruptcy Code directs approved providers of the credit counseling and financial management courses to provide services without regard to your ability to pay. If you can’t afford the counseling, the agency may waive the fee or require you to pay a lesser amount.

Attorney Fees

Attorney fees are negotiated between the debtor and the attorney. Attorney fees are paid up-front in Chapter 7 cases. In Chapter 13 cases, the attorney may elect to receive attorney fees in equal monthly installments. The attorney is paid from the debtor’s monthly payment to the trustee, and makes the entire process more affordable. A few not-for-profit agencies and private attorneys provide free bankruptcy representation to indigent individuals.

If you are in need of debt relief, but are afraid that you cannot afford the bankruptcy fees, speak with an experienced bankruptcy attorney and discuss your options. There are strategies that you and your attorney can employ to make the process fit your budget.

How Much Debt Do I Need To File Bankruptcy

There is no qualifying minimum debt limit for an individual bankruptcy in most States. Debtors who otherwise qualify for Chapter 7 bankruptcy can file with any amount of secured or unsecured debt. The purpose of a Chapter 7 bankruptcy is to provide the debtor a fresh start without the burden of overwhelming debt. In some cases this debt may be objectively very small (perhaps only a few thousand dollars), but it be relatively very large to a person on a fixed income from retirement, disability, or otherwise.

In cases where the amount of dis-chargeable debt is objectively small, both the bankruptcy attorney and the client should take care to consider all of the consequences of filing. First, bankruptcy is not cheap. There is a court filing fee, a credit counseling fee, a personal financial management course fee, and, of course, your attorney’s fees. In some extreme cases some or all of these fees may be waived. Second, a bankruptcy filing can significantly impair the debtor’s ability to borrow money and obtain credit, at least for the short term. Finally, non-exempt property may be at risk. For many poor debtors, these consequences have little, if any, affect. Many poor debtors seek bankruptcy protection simply to rid themselves of the nuisance of debt collection.

While there is no minimum amount of debt required to file a Chapter 13 bankruptcy, the bankruptcy laws set a ceiling on the amount of secured and unsecured debt a person can have in a Chapter 13 case. These limits as of April 1, 2010 are $1,081,400 for secured debt and $360,475 for unsecured debt. The Chapter 13 debt limits adjust every three years. Cases that exceed these limits are ineligible for Chapter 13 bankruptcy, but may qualify under Chapters 7 or 11. There is currently some confusion in our courts as to how these debt limits apply in a joint husband and wife Chapter 13 case. Some courts will separately consider debt that is individual and not joint, effectively increasing the Chapter 13 limits.

An experienced bankruptcy attorney can evaluate your case and discuss any issues surrounding your case. Whatever the amount of your debt, if you are unable to pay, the federal bankruptcy laws can offer you substantial relief. Speak with an experienced bankruptcy attorney and discover how the federal bankruptcy laws can help you.

If you are experiencing financial difficulty and are considering bankruptcy, discuss your case with an experienced bankruptcy attorney.

If you are a homeowner already in Chapter 13 Bankruptcy and needs to proceed with Adversary Proceeding to challenge the validity of Security Interest or Lien on your home, Our Adversary Proceeding package may be just what you need.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

If you have received a Notice of Default “NOD”, take a deep breath, as this the time to start the FIGHT! and Protect your EQUITY!

If you do Nothing, you will see the WRONG parties WITHOUT standing STEAL your home right under your nose, and by the time you realize it, it might be too late! If your property has been foreclosed, use the available options on our package to reverse already foreclosed home and reclaim your most prized possession! You can do it by yourself! START Today — STOP Foreclosure Tomorrow!

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How Homeowners Can Avoid Mistakes During Bankruptcy

22 Friday Mar 2019

Posted by BNG in Bankruptcy, Federal Court, Fraud, Judicial States, Non-Judicial States, Pro Se Litigation, Your Legal Rights

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Avoid Mistakes During Bankruptcy, Avoid Mistakes in Bankruptcy, Bankruptcy, Bankruptcy Attorney, bankruptcy court, bankruptcy mistakes, bankruptcy process, Bankruptcy Trustee, Borrower, Creditor, debtor, federal bankruptcy laws, filing for bankruptcy, fresh financial start, homeowners, Plan for Bankruptcy

Homeowners must do their very best to avoid making mistakes during Bankruptcy Proceedings.

The federal bankruptcy laws promise a fresh financial start for the honest but unfortunate debtor. Bankruptcy balances the interests of the debtor to obtain a fresh start and the interests of the creditor to see that the debtor pays back whatever he or she can afford. But all too often, a debtor makes mistakes in bankruptcy, seriously compromising his or her case before it’s even filed.

In order to help homeowners avoid those unnecessary complications, we’ve prepared this list of the 7 biggest mistakes in bankruptcy:

1. Paying an Insider Creditor

The bankruptcy laws attempt to ensure that all creditors receive fair treatment during the bankruptcy process. One concern is that the debtor will pay loans to family or friends before filing bankruptcy, and therefore deprive other creditors from receiving payment.

Family, friends, business partners, and other creditors who have close relationships with the debtor are called “insider creditors,” and transfers to insider creditors can be avoided by the bankruptcy trustee if the transfer occurred within one year before the bankruptcy filing.

For instance, if you gave your mother $1,000 from your income tax refund as payment for a debt, and then filed bankruptcy two months later, the bankruptcy trustee can sue your mother to recover the $1,000. To make matters worse, often the debtor could have protected the cash money during the bankruptcy and paid the debt without difficulty after the case was filed.

2. Incurring Debt After Deciding to File

Some people decide to charge up credit cards or take payday loans just before filing bankruptcy. If you have decided to file bankruptcy, do not incur additional debt. Taking loans with no intention to repay the creditor could be fraud, which is a crime.

3. Transferring Property Before Bankruptcy

Anytime an individual transfers property for less than full value shortly before a bankruptcy filing, the transfer seems “suspicious.” The bankruptcy trustee scrutinizes all property transfers before bankruptcy, and if a property transfer was not a fair and honest exchange, the trustee may avoid the transfer and get the property back.

One common bankruptcy mistake is transferring property to a friend or family member in an effort to hide it from the bankruptcy court. This is a very bad mistake that can result in: (1) losing the property anyway; (2) denial of your bankruptcy discharge; and/or (3) criminal prosecution for bankruptcy fraud.

If you need to sell or transfer property before your bankruptcy, contact an experienced Bankruptcy Attorney and discuss your options!

4. Paying Off Loans Before Bankruptcy

If you pay off a loan shortly before filing for bankruptcy, the bankruptcy trustee will be very interested in that payment. If you paid a large sum of money to one creditor just before filing, the trustee may ask the creditor to return the money.

Also, paying off an unsecured debt that is otherwise dis-chargeable (like a credit card or payday loan) is like throwing your money away. You need that money to help rebuild your finances after your case is completed.

And even paying off a secured debt can cause you problems. Bankruptcy exemptions commonly apply only up to a certain amount of equity. Your equity in some property is the difference between the fair market value of the property minus any secured loans.

When you pay off a secured loan, you increase your equity in the property. If that causes your equity to exceed the exemption limit, the bankruptcy trustee may ask you for the property or the cash difference between the equity and the exemption amount.

Bottom line: don’t pay off loans before bankruptcy!

5. Cashing out Retirement

Most retirement funds are fully protected from creditors and the bankruptcy trustee. That means if you file bankruptcy, you keep your retirement money. Congress wants you to have money for your retirement.

Unfortunately, some people are unaware of these broad protections and cash out their retirement savings out of fear that it will be taken during the bankruptcy. Along with the obvious problems associated with losing your future retirement money, cashing out retirement funds is also a huge mistake because:

Your attorney may no longer be able to protect available retirement money converted into cash; and
If you used your retirement funds to pay off an unsecured loan, the bankruptcy trustee may be able to undo those payments. Money paid to creditors before bankruptcy does not improve your financial situation or help you recover from bankruptcy.
In short, always discuss cashing out 401(k) or IRA retirement funds with your attorney prior to your filing bankruptcy.

6. Failing to Plan for Bankruptcy

The federal bankruptcy process is full of traps for the unwary—or the hasty. Most of these problem areas can be avoided with careful planning and a thorough pre-bankruptcy investigation.

When a client needs to file a bankruptcy quickly, the attorney relies heavily on the client to provide complete and accurate financial information. In some cases the client is not able to obtain those important records. To compound the issue, sometimes financial transactions are forgotten or overlooked.

Mistakes like these in hastily-filed bankruptcy cases can lead to big problems. For instance, a debtor who rushes into bankruptcy may forget an employment bonus that was paid or that is owed or underestimate an income tax refund. Under-reporting income can disqualify the debtor from receiving a discharge at the conclusion of his or her case, undermining the entire point of bankruptcy.

Many bankruptcy mistakes can be avoided by consulting a bankruptcy attorney early. Preparing a bankruptcy petition does not take long, but your attorney needs time to analyze your case, review your financial documents, and ask the right questions to avoid problems with your case.

7. Being Dishonest

This is the worst mistake of all because the bankruptcy laws do not protect a dishonest debtor. Failure to truthfully list all of your assets, debts, income and expenses is grounds for dismissal of your case, or you may have to answer allegations of bankruptcy fraud (a federal crime).

The Best Way to Avoid Mistakes in Bankruptcy

If you are experiencing financial difficulty and are considering bankruptcy, discuss your case with an experienced bankruptcy attorney.

If you are a homeowner already in Chapter 13 Bankruptcy and needs to proceed with Adversary Proceeding to challenge the validity of Security Interest or Lien on your home, Our Adversary Proceeding package may be just what you need.

When Homeowner’s good faith attempts to amicably work with the Bank in order to resolve the issue fails;

Home owners should wake up TODAY! before it’s too late by mustering enough courage for “Pro Se” Litigation (Self Representation – Do it Yourself) against the Lender – for Mortgage Fraud and other State and Federal law violations using foreclosure defense package found at https://fightforeclosure.net/foreclosure-defense-package/ “Pro Se” litigation will allow Homeowners to preserved their home equity, saves Attorneys fees by doing it “Pro Se” and pursuing a litigation for Mortgage Fraud, Unjust Enrichment, Quiet Title and Slander of Title; among other causes of action. This option allow the homeowner to stay in their home for 3-5 years for FREE without making a red cent in mortgage payment, until the “Pretender Lender” loses a fortune in litigation costs to high priced Attorneys which will force the “Pretender Lender” to early settlement in order to modify the loan; reducing principal and interest in order to arrive at a decent figure of the monthly amount the struggling homeowner could afford to pay.

If you find yourself in an unfortunate situation of losing or about to lose your home to wrongful fraudulent foreclosure, and need a complete package that will show you step-by-step litigation solutions helping you challenge these fraudsters and ultimately saving your home from foreclosure either through loan modification or “Pro Se” litigation visit: https://fightforeclosure.net/foreclosure-defense-package/

If you have received a Notice of Default “NOD”, take a deep breath, as this the time to start the FIGHT! and Protect your EQUITY!

If you do Nothing, you will see the WRONG parties WITHOUT standing STEAL your home right under your nose, and by the time you realize it, it might be too late! If your property has been foreclosed, use the available options on our package to reverse already foreclosed home and reclaim your most prized possession! You can do it by yourself! START Today — STOP Foreclosure Tomorrow!

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