debt

Ways to Improve Your Bankruptcy Recovery Time

Statistics reveal that in 2017 more than 700,000 people filed for bankruptcy. While it is true that a bankruptcy can remain on a person’s credit report for up to 10 years, there is no reason for a person to wait to begin taking steps to reduce the negative effects of bankruptcy. Instead, if you have a plan and follow it responsibly, it is possible to recover from bankruptcy much more quickly than 10 years. With the assistance of a skilled bankruptcy attorney, you can even create a strategy to quickly build up your credit. Use a Secured Credit Card to Raise Your Credit Rating After bankruptcy is discharged, many people benefit from opening secured credit cards that do not charge annual fees. As these people rebuild credit, it is a wise idea to place at least one charge a month on the card. Once the credit card statement is received, you should then make sure to pay off your balance each month on time. Using a credit card in such a way is one of the easiest and quickest ways that you can improve your credit rating. Join a Free Monitoring System To make it easier to understand the pace     Read More

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Establishing Trusts When a Family has Debt

More than many other estate planning tools, trusts are capable of protecting a family’s assets for future generation. However, if either the person creating the trust or the beneficiary has debt, the trust will likely not be able to protect the assets from creditors. This means that if someone in the family files for bankruptcy, there is a risk that the trust could be seized for the repayment of debts. The Difference Between Revocable and Irrevocable Trusts The role of debt in the creation of a trust emphasizes the distinction between irrevocable and revocable trusts. A person who creates a revocable trust is in control of the trust until his or her death, which means that assets in this type of trust are considered property during the creator’s lifetime and will pass to beneficiaries after the creator’s death. Irrevocable trusts are not in control of the trust’s creator, but sometimes a “spendthrift”  provision can be added to the trust to protect it from creditor seizure if a beneficiary of the trust later files for bankruptcy. The Advantages of a Trust There are some distinct advantages to both irrevocable and revocable trusts. Irrevocable trusts offer the benefit of reducing estate tax,     Read More

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Common Questions About Creditor Harassment and Reporting After Bankruptcy

If you have to obtain a bankruptcy discharge after declaring either Chapter 7 or Chapter 13 bankruptcy, you are likely anxious to begin the process but are uncertain about how to proceed. While there are numerous areas in which questions arise, one of the most common types of questions that people who have to obtain bankruptcy discharge ask are about creditor harassment and credit reports. This article will provide some of the most commonly asked questions regarding these subjects. As always, while navigating the bankruptcy process, it can help significantly to rely on the assistance of a seasoned attorney who has helped others navigate the process. Question # 1: What if a Creditor Tries to Collect on a Discharged Debt? If a creditor contacts you after your debt has been discharged through bankruptcy, the best way to respond is to notify the creditor that the debt has been discharged. If the creditor contacts to you despite knowing the discharge has occurred, this is viewed as a serious violation of the Bankruptcy Code and likely violates the Fair Debt Collection Practices Act. As a result, a creditor can end up paying significant fines. Question # 2: What if You Forgot to     Read More

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Things to Avoid During the Bankruptcy Process

For people who have a significant amount of debt, filing bankruptcy is often a wise idea. The bankruptcy process not only lets a person eliminate debt, but in many cases a person is also able to obtain manageable payments and begin planning for a better future. Many people discover that a seasoned bankruptcy attorney is able to help them overcome their financial hardships and determine their available legal options. There are some important things, however, that a person should avoid while declaring bankruptcy. Avoid the Accumulation of New Debt Many people feel the temptation to obtain a new credit card or even personal loan during difficult financial times. There is a risk, however, that creditors might view any financial agreements entered shortly before bankruptcy as a sign that the individual did not intend to repay the amount. In some cases, a person might even be charged with fraud. As a result, individuals should avoid obtaining any type of new debt during this time. Avoid Moving or Transferring Assets As part of the bankruptcy process, a person must list all of his or her assets, which includes any assets that were recently disposed. Some people who recently sold or transferred assets     Read More

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SCOTUS Ready to Settle Bankruptcy Issue

The Supreme Court recently granted certiorari to review a case that will require the Court to decide the question of whether bankruptcy courts should apply federal or state law when deciding how to recharacterize a debt claim as a capital contribution. The manner in which this case is decided will have a significant influence on how bankruptcy cases proceed. The Role of Recharacterization Recharacterization presents an important role to lenders and investors in companies facing financial difficulties. Current bankruptcy law allows secured creditors to receive top priority while equity interests have a lower priority and are frequently wiped out during bankruptcy. Applicable federal law currently results in the recharacterization of debt to equity, while state law does not always result in this type of recharacterization. The Circuit Split on Recharacterization of Debt Many circuits follow the federal rule in recharacterization of debts and apply a variety of multi-factor tests when determining whether to recharacterize debt as equity. The Third, Fourth, Sixth, Tenth, and Eleventh Circuit Courts hold the perspective that debt should often be recharacterized as equity, while the Fifth and Ninth Circuit apply state law. As a result, Oklahoma is part of the Tenth Circuit Court which characterizes debt     Read More

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