Archive for Mar, 2008

Mar
29

Complaints Rising About Collection Efforts

In both Oregon and Washington, one business is going strong in a flagging economy: debt collection. With a growing number of collectors chasing down debtors, complaints are also rising about how debts are being collected.

The Better Business Bureau expects the number of collector complaints to rise once 2007 figures are calculated. The trend has been upward in the past few years. In 2006, debt collector complaints were up 21 percent from the previous year, according to Edward Johnson, president and chief executive of the Better Business Bureau in the District of Columbia.

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Mar
29

Famous Bankruptcies

Noted Individuals Who Have Filed for Bankruptcy Protection
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Lionel Bart . . . British composer-lyricist-playwright (1972).
Kim Basinger . . . Oscar-winning actress (1993).
Jay Black . . . rock star; lead member of “Jay and the Americans” (1986).
Lorraine Bracco . . . Oscar-nominated actress (1999).
Matthew Brady . . . portrait/U.S. Civil War photographer (1872).
Toni Braxton . . . rock star (1998).
Anita Bryant . . . singer; American author; 1958 Miss America 2nd runner-up (1997 and 2001).

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Mar
13

Consumer Bankruptcies to Rise in 2008

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Mar
12

What Can a Chapter 7 Bankruptcy Trustee Can Ask Me at My Hearing?

The list below includes just about every question under the sun that a trustee might ask you in a chapter 7 proceeding in Oregon and Washington. You will notice that there is not a single question requiring you to justify your spending or judgment in the years leading up to your filing. Again, this is a nearly exhaustive list and it is extremely doubtful that the Trustee would ask you more than five of the questions listed below. Most of those questions will be drawn from the first ten questions listed below.

1 Did you receive the Statement of Information Sheet as required by the United States Trustee?

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Mar
11

Where is My Case Filed and Where is My Hearing?

Please note that just because your case might be filed in a particular city does not mean that you would have to attend your Meeting of the Creditors in that city. There are a host of different bankruptcy hearing locations across both Oregon and Washington.

Where you file your bankruptcy case depends on where you reside or have your principal place of business or principal assets.

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Mar
10

After Your Chapter 7 Bankruptcy Case is Filed

HOW CREDITORS ARE NOTIFIED

After you sign your petition, your case will be sent to the Bankruptcy Court for filing. After the Court receives it, the Court will prepare and mail you a notice which confirms the filing and schedules the meeting of creditors in your case. At the same time, the Court will send this notice to each of your creditors. This usually takes between ten days and three weeks. Once the creditor receives the notice, the creditor is supposed to stop sending bills, stop calling, and stop trying to collect money.

CREDITOR CALLS:

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Mar
09

Balance Transfers: Bankruptcy Substitute?

Balance transfers are often advertised in both Oregon and Washington with an offer of radically reduced introductory rates for borrowers who are willing to move their balances onto a new credit card. Additional credit cards though are almost never the answer for managing debt. In fact, they usually exacerbate the problem. Many people keep their existing credit card accounts open, amassing even greater debt. Balance transfers do not address the core issue for most debtors: insufficient income to reduce existing debt. In contrast, Chapter 7 and Chapter 13 bankruptcies are effective because they address the root cause by eliminating or reducing the total amount of debt.

The dangers presented by balance transfers are usually found in the small print. Low preliminary interest rates are used to get people to transfer their balances onto one credit card, and often seem so attractive that the concealed fees and costs are difficult to detect let alone understand. The low interest rate usually lasts for only a limited amount of time. Soon the introductory interest rate rises, sometimes to a higher rate than that of the original credit card. The low introductory rate period is often cancelled if the borrower makes any late payments on the account. The interest rate offered may only be applicable to balance transfers, and a different interest rate will be applied to all cash advances and purchases. Usually, payments made will be applied to the lower balance first, leaving the balances with the higher interest rates continuing to rack up interest.

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Mar
08

Overview Of Chapter 7 Bankruptcy

Chapter 7 is the more traditional type of bankruptcy, and is often referred to as a “liquidation” or “straight” bankruptcy. In a Chapter 7 proceeding, a trustee is appointed by the Court to oversee your case. The trustee has the responsibility of determining if you have any assets that are not considered exempt under the law, sell such assets, and use to proceeds to distribute among creditors.

The ability to exempt assets in bankruptcy depends on two things. First, how much the assets are worth. Second, what state or states have you lived in over the course of the three years prior to the filing of your bankruptcy petition. During the initial consultation, most firms will quickly determine whether or not you are likely to have any non-exempt assets. The fact is that in well over 95% of Chapter 7 cases are called “no-asset” cases, meaning that there are no assets to distribute to creditors.

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Mar
08

Ten Things to Consider Before Getting a New Credit Card After Bankruptcy

1. Do not apply for a credit card until you are ready. It is a really bad idea to apply for new credit before you can afford it. Use the information, skills and insight you picked up in your consumer counseling sessions and make wise decisions.

2. Avoid accepting too many offers. There is very rarely a good reason to have more than one or two credit cards. Having too much credit can lead to bad decisions and unmanageable debts, and it will lower your credit rating. This can make it harder for you to get other lower interest rate loans. Avoid accepting a credit card just to get a discount at a store or a ‘‘free’’ gift.

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Mar
07

15 Myths about Bankruptcy in Oregon and Washington

Myth 1: Everyone will know you have filed for bankruptcy.

Unless you’re a prominent person or a major corporation and the filing is picked up by the media, the chances are very good that the only people who will know about a filing are your creditors and the people who you tell. While it’s true that your bankruptcy is a matter of public record, the number of filings is so massive, that unless someone is specifically trying to track down information on you, there is almost no likelihood that anyone will even know you filed. However, telling someone that someone else filed bankruptcy is good gossip. Just like telling someone you heard so-and-so is getting a divorce. So, if you don’t want everyone you know to know you filed bankruptcy, you need to keep the information to yourself. As for newspapers, our experience is that most papers don’t include information about who filed bankruptcy, and even if they did, think about it, who would be interested enough to read that stuff.

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