Archive for Feb, 2010

Feb
22

New Chapter 13 Debt Limits

Currently the maximum debt limits for Chapter 13 are  $1,010,650 in  secured debt, and $336,900 in unsecured debt.  On April 1, 2010, those debt limits will likely increase to $1,081,500 for secured debt, and $360,525 in secured debt.  While these increases are not exactly exponential,  these days every little bit helps.

 

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Feb
12

Filing Bankruptcy and Keeping Your Tax Refund

Your ability to keep your tax refund while filing a Chapter 7 Bankruptcy may largely hinge on whether qualify for the Oregon or Washington Bankruptcy exemptions. This is so because there is no exemption in the state of Oregon that allows you to keep your much of your refund; whereas, in Washington there is an exemption available that will normally allow you to keep your refund in full.

Unless you have lived in either Oregon or Washington continuously for the last two years, the determination of which state’s exemptions apply is likely not as simple as you might think. For this reason and many more, discussing your potential refund with an Oregon or Washington Bankruptcy Attorney prior to filing is an important part of bankruptcy planning.  

Feb
05

Finding Your Creditors Prior to Filing Bankruptcy

Debtors across both Oregon and Washington often wonder how they will possibly discover all their creditors prior to filing bankruptcy. Luckily, Under the Fair and Accurate Credit Transactions Act,  you are entitled to a free copy of your credit report each year.

While it is possible to access your credit report online, many  credit reporting companies require you to give up many of your rights prior to giving you access to your credit report through their websites. Even after they give you access to your report,  you have to make your way through a maze of offers to purchase services that you do not necessarily need. This being the case, the reality is that the best way to get your report is to request it by mail.

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Feb
04

Getting Ready to File Bankruptcy

Steps to Take Before Filing A Bankruptcy In Oregon or Washington

  • Do your best to limit the the amount of purchase activity in the ninety days prior to the actual filing of your case.
  • Stop using all of your credit cards today.
  • If you have made big purchases, executed balance transfers or taken cash advances in the last year, try and make sure that there have been at least three payments on each relevant credit account. If not, you may want to make such payments until your case is filed.
  • Get your state and federal tax records for the last year that you filed.
  • Make copies of all pay-stubs for the last seven months and continue to collect them up until the filing date of your case. Get copies of any paperwork  that would document any other income such as social security, unemployment and the like for the same period.
  • Do not transfer any bank accounts, real estate or valuables out of your name without speaking to your Oregon or Washington Bankruptcy Attorney. If you must do so, make sure that the sale does not involve a friend or family member.
  • Do not–I repeat, do not– make any repayments on debts to friends and family members prior to filing.
  • If you already have a judgment against you, do not tell a creditor that you are going to file bankruptcy.  It may provide motivation for them to seize assets while they can.
  • Continue to make payments to secured creditors for property that you want to keep.  This is very important if you want to keep your car and house.
  • Perform a title search on your home to make sure there are no unknown liens.
  • Disclose all property that you may have an interest in to your attorney. This includes bank accounts held with parents as cosigners, potential legal claims, personal injury cases, and any debts that are owed to you.

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Feb
02

Payday Loans Cause Bankruptcy?

Payday loans are hazerdous to your financial health: People who take out payday loans are nearly eight times more likely to file bankruptcy than those who don’t.  Yet each year eleven million American families take out payday loans often at a 500% yearly interest rate.

Not suprisingly a clear correlation between payday loans and bankruptcy has now been established.  Recent studies have shown that upon approval, first-time payday loan applicants in both Oregon and Washington become nearly twice as likely to file bankruptcy.

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Feb
01

Bank Accounts and Your Bankruptcy

Clients often worry about whether they will be able to open or even keep bank accounts while their bankruptcy is pending, or even after their bankruptcy is closed.  In both Washington and Oregon, there are no bankruptcy laws that would prevent you from opening or keeping a bank account.  There may, however, be some issues to resolve

If you are in the process of getting your case ready for filing and have a bank account with a bank or credit union that has also loaned you money, you may want to open an account at an institution to which you are not in debt.  This is so because banks and credit unions generally have the right to set off the money you are holding in your account against the debt that you owe them.  Even if you are current, the money in your account may be used as collateral for the debt.  Granted not all institutions follow this practice, but it is often impossible to determine which ones will. In Both Washington and Oregon, credit unions are the lenders most likely seize funds held  in accounts. Credit unions will often seize funds deposited after filing so watch out.

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