Tag Archives: consumer bankruptcy

Do I have to be behind on payments before I can file bankruptcy? (Part 1)

Do I have to be behind on payments before I can file bankruptcy?

The short answer is “no.” Being current or behind has nothing to do with your ability to file for Chapter 7 and Chapter 13 bankruptcy. You can be totally up-to-date on all of your bills or you can be years behind.

Maybe you are totally current on all of your bills but you know there is no realistic possibility of paying off the debt. This is a good time to reassess your situation and get help.

Oftentimes, clients are afraid of falling behind because they fear the collection calls. So, you just continue to make the monthly minimum payments on your credit card bill. This is a terrible idea because:

1) you aren’t making any headway in paying off the debt; and
2) you are throwing your hard earned money away.

If you are having difficulty paying all of your bills, focus on paying on those things you need - for example, rent, mortgage, car payments. Additionally, debts that will not be forgiven even after bankruptcy should get paid - such as student loans, alimony, child support and recent taxes. Credit card payments should be last on the list to get paid.


Need help but afraid to ask?

By: Jeena Cho

As a society, there are two things we don’t talk about. Death & Debt. Frequently, when people are experiencing financial distress, they go into denial mode. Instead of assessing their situation and tacking the problem, they deny thinking something will change. Of course, debt problems do not get better without proactive action. It gets worse. Interest rates continue to rise, you borrow from Peter to pay Paul.

If you are experiencing financial trouble, you should seek help. Go see a financial advisor, reach out and ask a friend or a family member. You will soon find that you are not alone in your problems.

For those of you that do not see any hope of being able to reduce your debt, we are offering a free seminar. If you do not want to attend in person, you can attend on the Web. It’s totally confidential. We’ll discuss the different options to deal with your debt including debt settlement and bankruptcy.

Our goal is to educate you with the options available. One of the most frequent comment I get at the end of a consultation is “I feel so much better” or “I should have come in a long time ago.” We hope to do the same through these workshops.

For more information or to register, go to http://www.jclawgroup.com/workshop/

Common mistakes potential bankruptcy clients make

By: San Francisco Bankruptcy Attorney, Jeena Cho

There are lots of common mistake broke people make. I see it all too often. Potential client, sitting in my office, worn out and battered - having fought an unnecessary fight for too long. One of the most frustrating things I find as a bankruptcy attorney is meeting with clients that waited too long to come see me. They did what they thought was right - borrow or liquidate their 401(k), IRA, sell their cars, home, and other belongings, only to end up in my office. What saddens me is that none of that was necessary. It wasn’t necessary to get the second job, sell their assets, etc.

Often, they put themselves in a worse position by doing what they think is right. Let’s consider a hypothetical. A single, 31 year old, at a steady job making $70,000. Mortgage payment of $2,500 per month and a vehicle payment of $400. Credit card debt of $80,000 (interest rate 29.99%). Doing the math, it will take a monthly payment of $1999.61 for THIRTY years to pay off that amount. (Total repayment amount: $719,859.60) Assuming he’s withholding is 20%, his net take-home pay is $4666.67 per month. His credit card payment is almost 50% of his net take home pay.

Doing the math, it is impossible to make his mortgage, car and credit card payments with his current income. So, he sells his home, sells his car. But still, he can’t make his credit card payments. So, he borrows against his 401(k). Let’s say he borrows $20,000. Now, he has no home, no car, and a 20k loan that will be taxed if he does not pay it back within the statutory period. So, now his monthly payment is reduced down to $1499.71. But, he still has to pay back his 401(k).

Now he comes to see me. Well, unfortunately, it will be much more difficult for to put him into a Chapter 7 because he doesn’t have his mortgage or car payment to off-set his income. So, now he’s looking at a Chapter 13 with a repayment period of 5 years. The 401(k) loan, unlike credit card debt is not dischargeable in bankruptcy.

Had he come in to see me before taking any of these actions, I would’ve told him - file for Chapter 7 bankruptcy. Dump your credit card debt, most likely keep your home (depending on amount of equity), keep your car and your 401(k). All exempt property. See Exempt Property.

Most people don’t realize how much it actually takes to get out of credit card debt. With creative credit card rules, such as Universal Default to charge the maximum interest rate (currently set at 30% in most states), that 70,000 debt will balloon and triple in no time. I encourage you to take a realistic look at your finances. Figure out the total amount you owe on credit cards, and other debt and use this handy calculator to see what it will take to get out of debt. Ask yourself, how much can I afford each month? At that monthly repayment rate, how long will it take for me to be debt free? If at the end of the day, you do not want to be in credit card debt for 30 years, or 40 years and want to start fresh, you should seriously consider bankruptcy.

 

Do you have questions about bankruptcy or debt settlement? Contact us.

What credit card legislation means for you

Posted by Ismat Sarah Mangla
May 19, 2009 4:18 pm

Consumers scored a major victory on Tuesday as the Senate voted overwhelmingly in favor of a bill that restricts unfair credit card practices. The Credit Card Accountability, Responsibility and Disclosure Act passed by a 90-5 margin. The bill comes on the heels of similar legislation, known as the Credit Cardholders Bill of Rights, that was approved by the House on April 30 in 357 to 70 vote.

So what happens now? The Senate bill heads back to the House for a vote, and there’s a good chance it could hit the President’s desk before Memorial Day. But what do both bills mean for your wallet? Let’s look at the key provisions:

Retroactive rate hikes: Both bills ban hikes to interest rates on existing balances. So say you carry a $1,000 balance at 8%. If the rate on your card changes, the new rate will apply only to new purchases going forward—the issuer won’t be able to start charging 19% on the previous balance. The only catch: If you fail to comply with a debt repayment workout plan or if you are more than 30 days (House bill) or 60 days (Senate bill) late on payments, all bets are off. What’s more, both bills prevent issuers from raising your interest rate during the first year of the card account.

Penalty periods: If you are late and your rate goes up, the Senate bill states that if you pay your bill on time for 6 months in a row, you can reclaim the lower rate.

Advance notification: Time was, your issuer could jack your card’s rate and only give you 15 days notice. No more. Both bills require that issuers must give you 45 days notice before making significant interest rate, fee and finance charge increases.

Teaser rates: Both bills require that promotional rates must be offered for at least six months.

Payment allocation: You may have a balance transfer on your card at one rate, while other purchases or balances accrue interest at a different, higher rate. Before this legislation, banks could apply your payment to the balance with the lowest interest rate first—so your more costly balance just kept racking up interest. Now, payments in excess of the minimum amount owed must first be applied to the balance with the highest interest rate first, and then to remaining balances in descending order.

Due dates: Credit card statements must be mailed 21 days before the bill is due, up from the current 14. And no more odd timing deadlines for payments—payments received by 5 p.m. on the due date are on time. Payments with due dates that fall on holidays or weekends must be accepted by the next business day.

Over-the-limit fees: Before, if you tried to charge above your credit limit, the issuer would approve the transaction and slap you with an “over-the-limit” fee. Now, consumers must opt in for over-the-limit approval—and the fees that come with it.

Cards for young adults: The House bill stipulates that banks can’t issue cards to un-emancipated minors under the age of 18 unless a parent is the account holder. It also limits college students to just one credit card, sets credit limits to a percentage of the student’s income and requires parents to approve increases to credit limits on joint accounts. The Senate bill takes it even further, eliminating credit cards for people under the age of 21 unless an adult co-signs or they can show proof of income.

Gift cards: The House bill doesn’t touch them, but the Senate bill states that gift cards can’t expire in less than five years. Retailers selling Visa, MasterCard, American Express or Discover-branded gift cards will have to print information on dormancy fees—charged when the card goes unused for a while—right on the cards themselves.

Universal default: Both bills eliminate this practice, which allows a card issuer to raise your rates if it learns that you were late on another card.

Account closings: The Senate bill doesn’t address it, but the House bill requires an issuer give you 30 days notice before it closes your account.

Many of the provisions in these bills are already addressed in the Fed’s credit card regulations, which are slated to take effect in July 2010. Will this legislation make it happen sooner? The House bill was scheduled to take effect 12 months after passage, while the Senate bill planned for nine. We’ll keep you updated on what the final law looks like–and when you might start benefiting from it.

http://moneyfeatures.blogs.money.cnn.com/2009/05/19/what-credit-card-legislation-means-for-you/