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  • Cars Can Be More Affordable In Bankruptcy

    Cars Can Be More Affordable In Bankruptcy

    Call: 888-297-6203

    It is difficult to avoid car payments. A drop in the value of a used car is inevitable and thus, many people, driving financed vehicles, owe more to the lender than the worth of the asset. However, you can pay the actual worth of the vehicle rather than the amount you owe on it.

    According to 11 USC 722, a bankruptcy debtor is allowed to pay the secured portion of the car debt for satisfying the lien. A “Security” (physical asset) has to be given for a loan which can be exchangeable for satisfying a lien. Typically, a home or a car is used as security. In the case of no-payment on a lien, the lender can take away the security to make up for the lien amount. The extra value is returned to the borrower. When a car or a house is sold for a lesser value than the lien amount, it is known as a “deficiency”. A lender may sue the borrower for such deficiencies (unsecured debts).

    Under 11 USC 722, the creditor’s single claim is bifurcated into two claims by the court – secured (equal to the actual market value of the car) and unsecured (the remaining money). In this manner, the debtor can keep the vehicle by paying the secured portion and can get a discharge on the unsecured portion. The payment of the secured debt is relatively easy through a Chapter 13 repayment plan, typically over the period of 5 years, whereas, in a Chapter 7 bankruptcy, immediate payment of the secured debt is required which is mostly impossible for bankrupt people.

    In Chapter 7, there are usually three options of redemption for the filers:

    • Save a sufficient amount of cash using exemptions for paying the redemption.
    • Take help from a relative or a friend to pay off the redemption.
    • Seek third-party

    There are many businesses specializing in financing payoffs under 11 USC 722, thus, finding third-party financing is not difficult for bankruptcy filers. However, the rates of interest are high (around 28%). But such transactions still make economic sense because the debtor is not obliged to pay the unsecured part of the debt anymore.

    Consult an experienced bankruptcy attorney to know more about whether taking a third party loan or electing yourself for 11 USC 722 will be beneficial for you or not. Contact the Recovery Law Group at www.staging.recoverylawgroup.com or call on 888-297-6203.


      *Are you more than 60 days past due on your mortgage?

      *Do you own a home?

      Are you currently working?

      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

    • Warren Bodeker Forced to Leave His Home in Bankruptcy

      Warren Bodeker Forced to Leave His Home in Bankruptcy

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      A WWII veteran, Warren Bodeker, was forced to leave the house, which he had built for his wife and himself in 2000, because of the bankruptcy laws of Montana. The 89 years old veteran was ordered to vacate the house as the creditors did not exempt it from the collection.

      Many of Bodeker’s angry patriots, who had assisted him with financial contributions, had also sent numerous threats to the bankruptcy trustee of this case. But they did not know the whole story. There were two reasons due to which Warren was losing his house:

      • He wanted to free himself from his debt liabilities, because of which he had file for a bankruptcy.
      • He did not list all his assets while filing for bankruptcy, and thus committed a fraud. He had buried gold and silver of worth $66,000 in his lawn in an attempt to hide it from the court, and also did not mention it as an asset on his petition for bankruptcy.

      Fraud charges were put on Warren and he was even threatened with a jail time. However, he agreed to settle the matter by surrendering the house.

      We might feel sympathetic towards the old veteran, as it will be difficult for him to cope with the poor financial situation, but it was right on the trustee’s part to collect the debts from him as he had committed a crime by trying to defrauding his creditors.

      Warren had admitted on several occasions that the documents provided by him were false, and thus, his bankruptcy attorney had withdrawn from the case. If Warren had not lied about the treasure buried in his lawn, he would have been able to retain his home and retire with reverse mortgage. Thus, it is important to have proper counseling in legal matters, especially, bankruptcy. To consult the best bankruptcy attorneys of Los Angeles & Dallas, TX, visit Recovery Law Group or call on 888-297-6203.


        *Are you more than 60 days past due on your mortgage?

        *Do you own a home?

        Are you currently working?

        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

      • Keeping The Non-Exempt Property In Bankruptcy

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        Most of the people are concerned about the effects of bankruptcy on the property they owe. If you have been a resident of Florida for some time now, you will be allowed to keep the exempted property under Florida Law. A general view of the exemptions is as follows:

        You might keep –

        • Personal property worth $1000.
        • Vehicle equity worth $1000.
        • Either equity in homestead property or an additional property worth $4000.

        Any other property, which does not come under exemptions, is solely left at the whim of the court-appointed trustee. The trustee takes the non-exempt property of the debtor and the auctions off those goods. Then these liquidation funds are utilized to pay the fees of the auctioneer, repossessing agent and the trustee (usually 25%). The leftover funds are paid to all those creditors of the debtor, who file the claims on time.

        The trustee cannot claim an interest in the debtor’s property, simply because it is non-exempt. Sometimes, repossession and auctions are impractical. Liquidation of an asset should be determined on the likelihood of sale and analysis of cost benefits of the proceeds from the auction.

        Although there is no specific amount to rely on for abandoning an asset, many trustees do not repossess the assets that earn less than $1000. Because of the subjective nature of such decisions, Trustees often agree to the debtor’s request for a cash settlement to keep the asset. Thus, there is no harm in trying.

        Consult an experienced bankruptcy attorney to know more about keeping your non-exempt property with you in bankruptcy. Contact the Recovery Law Group at www.staging.recoverylawgroup.com or call on 888-297-6203.


          *Are you more than 60 days past due on your mortgage?

          *Do you own a home?

          Are you currently working?

          By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

        • Difference Between Secured And Unsecured Debts

          Difference Between Secured And Unsecured Debts

          Call: 888-297-6203

          While filing for bankruptcy you will be required to list all the creditors (people and businesses) to whom you owe money. Secured and unsecured creditors have separate sections in the bankruptcy petition.

          In a secured debt, collateral is required. So, if you fail to repay the debt, your creditor can repossess your car or house to make up for the owed money. However, the debtor will be required to pay the deficiency (difference), if the creditor is able to sell the collateral for less than the money that is owed.

          In an unsecured debt, there is no collateral required. In it, the creditor’s security is his ability to destroy the debtor’s credit. Items like signature loans, medical bills and most of the credit cards are included in it. Occasionally, an item (jewelry or furniture) purchased using the credit card can be collateralized.

          In Chapter 7 bankruptcy, unsecured creditors are discharged without any payment. In cases where the debtor, filing for bankruptcy, possesses a non-exempt property which can be surrendered for liquidation to the trustee, the unsecured creditor will get paid. In Chapter 7, a secured creditor can be made an unsecured creditor by the surrender of the collateral back to the creditor. In case the payments are up-to-date, the debtor might reaffirm and choose to continue to pay the secured debt.

          In Chapter 13 bankruptcy, a debtor is given an opportunity to bring current late payments on secured debts. Depending on the debtor’s financial situation, the unsecured creditors are paid a portion of the owed money. In many situations, secured debts can be divided or bifurcated into two debts – secured and unsecured. This can prove to be highly advantageous if the debtor is paying a meager amount to unsecured creditors.

          It is very important to know about paid and unpaid debts to create a successful bankruptcy plan. Thus, you should contact the best bankruptcy attorneys for proper guidance. You can visit Recovery Law Group or call on 888-297-6203 to consult the Recovery Law Group, the best bankruptcy attorneys of Los Angeles & Dallas, TX.


            *Are you more than 60 days past due on your mortgage?

            *Do you own a home?

            Are you currently working?

            By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

          • Evictions in Florida Can be Stopped by Bankruptcy

            Evictions in Florida Can be Stopped by Bankruptcy

            Call: 888-297-6203

            It was determined by the Jacksonville, Florida court in 100 B.R. 579. pdf, that an automatic stay will provide protection not only against evictions but also against the damage that occurs due to evictions done in a wrong manner.

            A lease agreement was signed between the debtor and residential property. An eviction notice was served to the debtor, a few days before the bankruptcy filing. Despite the notice of the bankruptcy filing, the landlady had forcibly entered the debtor’s house and had placed all the belongings on the street. Before the debtor could find out about the eviction, her personal belongings were stolen.

            Under 11 USC § 362, the debtors can sue their creditors for the violation of the automatic stay and for making attempts of collection without the court’s permission, during bankruptcy. An eviction is also considered an attempt of collecting a debt. In this case, the debtor was given $11,311.06 for her stolen property, as the theft was a result of the creditor’s misconduct and wrongful eviction.

            There was a similar litigation case involving an incorrectly repossessed boat. The repossession of the boat was taken by the company financing it, without the permission of the court. During the repossession, the agents tore and removed away from the bimini cover, and also stole many personal items from the boat. This was a clear violation of the automatic stay. Though the company had returned the boat, the debtor might have had received some recovery too.

            To consult the best bankruptcy attorneys of Los Angeles & Dallas, TX, in case of violation of your rights, visit Recovery Law Group or call on 888-297-6203.


              *Are you more than 60 days past due on your mortgage?

              *Do you own a home?

              Are you currently working?

              By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

            • The Means Test in Bankruptcy

              The Means Test in Bankruptcy

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              One of the greatest effects of the changes in the bankruptcy code in 2005 was the Means Test. This amendment was so misunderstood and terrifying for the people that they were in a hurry to file for bankruptcy before the scheduled enactment of this amendment. Some people thought that the Means Test will make it impossible to file for Chapter 7 bankruptcy.

              Of course, not all the rumors were completely accurate. The Means Test takes the number of members in the debtor’s household, into account and compares the debtor’s income with the income of the average American in that area. If the debtor’s income is less than the average, he or she can go for a Chapter 7 filing. In case the income is more than the average, the debtor will have to opt for another chapter and will have to make payments to the creditors because he or she has the “means” to do so (Means Test).

              However, the taking of the Means Test is avoidable for military members and businesses. Thus, a person having an annual income of $200,000 can still file for a Chapter 7 bankruptcy, if he or she is eligible for it under one of these two exceptions.

              It is better to let an experienced bankruptcy attorney calculate your Means Test, even if you think that you will not pass it, as some expenses might be deductible from your income. Moreover, there some kinds of income, like social security, which are not a part of the analysis.

              To learn more about the Means Test, contact the best bankruptcy lawyers of Los Angeles & Dallas, TX, the Recovery Law Group. You can visit www.staging.recoverylawgroup.com or call on 888-297-6203.


                *Are you more than 60 days past due on your mortgage?

                *Do you own a home?

                Are you currently working?

                By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

              • The Deliberate Inclination Of Some Attorneys Towards Specific Bankruptcy Chapters

                The Deliberate Inclination Of Some Attorneys Towards Specific Bankruptcy Chapters

                Call: 888-297-6203

                As a counselor, attorneys need to be honest and fair with their clients. However, when it comes to attorney practice, this idealist principle is rarely found. There are many lawyers who deliberately persuade their clients to file for a Chapter 13 bankruptcy when Chapter 7 would have served them better. This is solely done for the fees.

                A Chapter 13 case has almost twice the fees of a Chapter 7 case. Thus, attorneys intentionally try to convince their clients in favor of a Chapter 13 bankruptcy, in order to get double the fees. Clients don’t fall victim to the greed of the lawyers only. Judge Mark Ciavarella of Pennsylvania, was sentenced to imprisonment for 28 years in 2011, as he had made a deal of “cash for kids” with a local private prison. It meant that the judge was supposed to send a child to the prison in exchange for a cheque. There were suspicions against the judge as he had received nearly a million dollars from the prison as so-called “finder fees”. We won’t ever get to know the number of innocent and guilty children, who were unjustly imprisoned and faced an extension of prison term, respectively, because of this outrageous corruption. But, we have warned you about the lawyers who might be helping you in choosing the right bankruptcy chapter for you.

                In the United States, an individual has options of four chapters of bankruptcy to choose from. Each chapter has its own usefulness in different situations. There is even a great difference in their costs. It is the responsibility of your bankruptcy attorney to determine the best bankruptcy chapter befitting your financial situation. They should always properly explain the suitability and unsuitability of the bankruptcy chapters to you. Thus, you should hire an experienced, honest and trustworthy attorney to guide you throughout the bankruptcy process. You can contact the Recovery Law Group for the same at www.staging.recoverylawgroup.com or by calling on 888-297-6203.

                In a Chapter 7 bankruptcy, the lawyer’s fee is half of the fee in a Chapter 13 bankruptcy, across the United States. But, the filing fee of the court is nearly the same. A Chapter 11 case is normally filed by individuals or businesses involving a huge amount of money or debt, and thus, has a huge attorney fee in comparison to other chapters. Its filing fee is also thrice of that of Chapter 7 or Chapter 13.

                It is a bit difficult to even approximate the fee of a Chapter 12 bankruptcy case, as it is extremely rare to occur. This chapter is typically meant for commercial fishermen or farmers and is similar to a Chapter 13 bankruptcy case. Thus, we can guess its fee to be somewhere similar to that of a Chapter 13 case, although, the court fee is slightly less than that of Chapter 7 or a Chapter 13 case.


                  *Are you more than 60 days past due on your mortgage?

                  *Do you own a home?

                  Are you currently working?

                  By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                • Citizens of Florida Can Retain Many Cars in a Chapter 7 Bankruptcy

                  Citizens of Florida Can Retain Many Cars in a Chapter 7 Bankruptcy

                  Call: 888-297-6203

                  Many citizens of Florida, who are thinking about filing for bankruptcy, believe that they are allowed to keep only one of their cars in bankruptcy because the statutes of Florida have an exemption of up to $1,000 for only one motor vehicle. There is also a wildcard exemption of $1,000 and also a house or an additional wildcard exemption of $4,000, available in Florida. The debtor can use these exemptions for retaining a vehicle also. So, in case the debtors own vehicles worth less than $4,000, they can keep all of them with themselves. Remember that the exemption amounts can only be used on vehicle equity. A car worth $4,000 and with a balance of $5,000 on the note will have no equity, and thus, the debtor can keep it without any exemptions in bankruptcy.

                  In Chapter 7 bankruptcy, a vehicle with too much equity can be kept using two ways. The first way is to take a loan from a bank and keep the vehicle as a security. The loan money can be utilized to pay for the necessary and reasonable living expenses, including the attorney’s fees. After this, the debtor can reaffirm the car debt and keep the vehicle in bankruptcy.

                  Another way to keep a vehicle is to sign a buyback agreement with the bankruptcy trustee. In case you are unable to exempt your vehicle, the trustee will be responsible for auctioning off your car. Thus, they might be willing to re-sell the car to you for a lesser amount than the original value of the car. This way they won’t have to pay any fees for action or repossession. You will also be allowed to make these payments over a reasonable period of time, often as long as a year.

                  In order to know more about your chances to keep your vehicles with yourself in a bankruptcy filing, visit www.staging.recoverylawgroup.com or call on 888-297-6203.


                    *Are you more than 60 days past due on your mortgage?

                    *Do you own a home?

                    Are you currently working?

                    By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                  • Homestead in Bankruptcy

                    Homestead in Bankruptcy

                    Call: 888-297-6203

                    It is fortunate to have equity in the home in Florida, as it offers one of the most generous exemptions in a homestead in the United States. Although, exemptions are offered at the federal level, but the residents of a state must use their state exemptions in case their state decides to create their own exemptions. However, states like Pennsylvania have no exemption in the homestead at all.

                    In Florida, the property should either be 1-half acre (within the municipality) or 160 acres (outside municipality) to be eligible for a homestead exemption. This benefit is largely unincorporated and is an exceptional benefit for a lot of folks of the Fleming Island. This means that a person can keep a home with $2,000,000 in equity under property exemption, after a bankruptcy filing. Moreover, if the property is an unincorporated area, it can cover many acres of land.

                    The Constitution of Florida outlines this exemption in Article X, § 4. A previously unincorporated land, now located within a municipality, can still come under homestead unless its owner agrees to include in the municipality.

                    Although these homestead defining rules are mentioned here in terms of bankruptcy, they are also applicable to the more famous Florida Homestead Taxable Value Exemptions of home value of $25,000 (exempted from all taxes) and an additional exemption (from all taxes except for the ones providing for education) of $25,000.

                    To know more about your homestead in property and the incorporated or unincorporated status of it, contact the best bankruptcy attorneys of Los Angeles & Dallas, TX, at www.staging.recoverylawgroup.com or on 888-297-6203.


                      *Are you more than 60 days past due on your mortgage?

                      *Do you own a home?

                      Are you currently working?

                      By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.

                    • Effects of Bankruptcy on Credit

                      Effects of Bankruptcy on Credit

                      Call: 888-297-6203

                      People filing for bankruptcy are often scared about the effects of it on their loved ones. Debtors often believe that their credit gets merged with their spouse’s credit or that the liability of their debts will fall on their children in case they are still remaining at the time of death. Such rumors are untrue and misleading.

                      Firstly, the credit scores of the spouses are independent of each other. The credit score of one partner might be extremely good while the other’s may not. Sometimes, one spouse owes all the unsecured debts while the other has the home mortgage liability in his name. At times, the home mortgage liabilities are so big that the bank requires income commitment from both the spouses to risk giving a loan. This does not mean the merging of credit. Thus, spouses, signing a mortgage note on a house, are equally liable for that debt. So, if anything goes wrong, both will be equally responsible for it. This is the reason why most of the people opt for a bankruptcy filing after the completion of their divorce.

                      The idea of inheriting debt liabilities is a thing of the past. Still, there are reasons for the children to feel that they have inherited a debt. For example, in case of the death of an estate owner, the accounting of the property becomes the responsibility of its personal representative and the distribution of the property to the heirs is done after the creditors are paid off. This might make the heirs feel that they have inherited the debts of the dead. However, the catch here is that the debts are being paid using the dead person’s funds and not of the living heirs. The only way to be liable for a deceased person’s debt is if the heir had co-signed for the debt with the dead person. This way the living person might feel that he or she has inherited the debt, although technically that is not the case.

                      Moreover, an heir can make a voluntary choice to assume a deceased parent’s debts. It can sometimes be done to prevent the repossession of the assets.

                      To summarize, debts cannot be inherited like the inheritance of a property. In order to know more about the effects of your debts on your heirs, contact the Recovery Law Group at www.staging.recoverylawgroup.com or call on 888-297-6203. They provide the best bankruptcy attorneys in Los Angeles & Dallas, TX.


                        *Are you more than 60 days past due on your mortgage?

                        *Do you own a home?

                        Are you currently working?

                        By clicking “Submit”, whether I do or do not purchase any products or services on this website, I hereby give my express written consent to receive calls and SMS/text messages, including calls and SMS/text messages made and sent using automated dialing equipment and/or pre-recorded or artificial voice technology and email, about offers and deals that I wish to be kept informed about from (“Partners”), at the phone number and/or email address provided on this form, including any wireless numbers provided, even if I have previously registered the provided number on any Do Not Call Registry. If I do not make a purchase on this website, it is expressly understood that the Partners retain permission to contact me as specified earlier in this paragraph. Carrier SMS/MMS and data messaging rates apply. I also agree that by clicking “Submit” that I agree to the Privacy Policy and Terms and Conditions.