Tags: Chapter 7 Title 11 United States Code

Just Filed My Chapter 7 Case – Now What?

Richard AvatarWith many clients, once the attorney and client have reviewed the bankruptcy petition, schedules, statements, worksheets and calculations, and their case is ready to file, I am often met with a perplexed look and a question:  ”So what happens next?”What happens next is a flurry of deadlines and court control dates, some of which require the client’s participation (such as responding to the Trustee’s requests for additional information), some do not require the client’s participation, and others may require the attorney’s participation, depending on how the case progresses.

Often, the client is overwhelmed with the detail and the numerous dates, and simply wants to know that they will get their discharge in “about four months”. However, some clients with more complex cases appreciate the added detail, which is why we have added a convenient Chapter 7 Timeline to our website.

The new addition allows a client or prospective client to input their Chapter 7 Filing Date and Section 341(a) hearing date (if known), and will output a scaled timeline with the important dates. Links to the relevant portions of the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure are also included for cross reference at the bottom of the timeline page.

We hope this tool will help clients, prospective clients and attorneys alike better understand and navigate the meticulous and often trap-ridden world of bankruptcy law.

Richard Simpson

770-623-6341 Desk

404-788-4420 Cell

rsimpson05@bellsouth.net

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When Uruguay striker Luis Suarez raised his hands to block a sure goal from the opposing Ghana side, he committed a foul and paid the penalty — but Uruguay won the game and Ghana’s World Cup team packed its bags.

Suarez got a red card that removed him from the game and suspended him from the semifinal that Uruguay got to play thanks to his unsportsmanlike conduct. There is no goaltending rule in soccer, and Ghana failed to make the ensuing penalty kick and then lost the overtime penalty shootout.

Suarez and Uruguay earned universal opprobrium, but, hey, all the rules were applied and they won the game. “Truth is, it was worth it,” a grinning Suarez said after the game.

Richard AvatarIn thwarting the extension of unemployment benefits, Senate Republicans are playing with Uruguayan tactics, manipulating the rules in a brazenly unsportsmanlike attempt to win the game at any cost.
AM Report: Jobless benefits spark fierce debate

Jobless benefits are leading to a fierce debate: Do they prompt jobless workers to be pickier in their searches? Or is employment insurance a prudent response to the worst recession in decades?

Using the pernicious filibuster rule, the minority party is breaking with a long tradition of automatically providing federal support in times of high unemployment, imposing further hardships on thousands of families.

It is bad politics, bad economics, and just plain nasty, but Republicans are clearly intent on sabotaging the Obama administration no matter what the cost to individual Americans.

The Republican objections about not wanting to extend unemployment unless it is “funded” because they don’t want enlarge the federal deficit are bogus and hypocritical. They never hesitated to add to the deficit when it was a question of tax cuts for the wealthy, estimated to have cost $2 trillion over six years. The $35.5 billion for the unemployment benefits is negligible compared to that figure.

Sacrificing such a relatively small expenditure on the altar of fiscal rectitude really does turn deficit hawks into deficit terrorists, to use economist Bill Mitchell’s phrase. To insist on this sacrifice when unemployment is at nearly 10% and Treasury yields are at historic lows is truly foul play.

No less an authority than Mark Zandi, the Moody’s economist who was one of John McCain’s economic advisers during his presidential campaign, said it is vital to extend the benefits regardless of the deficit. The risk of a double-dip recession by not extending them more than outweighs any harm done through a short-term blip in the deficit, Zandi said in congressional testimony last week.

The denial of unemployment benefits to hard-pressed Americans is just the latest tactic in the Republican’s scorched earth strategy.

“Paying for it…should not be a precondition for Congress to provide more financial help to unemployed workers, strapped states and municipalities, and small businesses looking to expand,” Zandi told the House Budget Committee. “A larger near-term federal deficit is not an economic problem.”

Congress can offset the expenditure a couple of years from now, “when the economy is in full swing,” said this economist, whom no one has ever accused of pandering to the left.

But the unprecedented denial of unemployment benefits to hard-pressed Americans — make no mistake, children are going hungry as a result — is just the latest tactic in Republicans’ scorched earth strategy designed to maximize their political gain in the November midterm elections.

It’s a cruel and cynical strategy that could well backfire, even though it victimizes some of the weakest and most disenfranchised sectors of the electorate.

The Republicans are evidently counting on the rage of voters hurt by the economy to be targeted at the Democratic majority, but people aren’t that stupid. They know that the Senate Republicans — and the unfathomable Nebraska Democrat Ben Nelson — are the ones who blocked the aid.

Matthew Kaminski of The Wall Street Journal cited the Suarez incident as well as some of the big refereeing gaffes in the World Cup competition as the reason why Americans don’t like soccer — it violates our sense of fair play.

And yet the Republican strategy of winning at any cost — any cost to the American people, any cost to the common weal — is a much greater violation of any sense of fair play, with much graver consequences.

The Netherlands handily defeated Uruguay in the semifinal and his red card was the last action Suarez saw in the contest. If the American sense of fair play kicks in this November, a number of Republicans may be looking at their own red cards

NEW YORK (CNNMoney.com) — If you’re delinquent on your mortgage, your credit score will suffer. Everyone knows that. The question is, by how much?

Until recently, those answers were hard to come by. Credit bureaus were uncommunicative about expressing, in points, just how much impact different foreclosure types of mortgage delinquencies have on scores.

chart_credit_score.gif

Recently, Fair Isaac, which developed FICO scores, pulled back the curtain a bit, revealing some estimates of point-score declines following mortgage delinquency problems.

Here are the average hit your credit will take:

30 days late: 40 – 110 points

90 days late: 70 – 135 points

Foreclosure, short sale or deed-in-lieu: 85 – 160

Bankruptcy: 130 – 240

To come to these figures, Fair Isaac created two hypothetical consumers, one who starts out with a fair-to-middling score of 680 and the other with a very good one of 780. (FICA scores range from 300 to 850.)

The hypothetical person with the 780 FICA has 10 credit accounts versus six for the 580, plus a longer credit history, lower utilization of total credit limit and no missed payments on any account. The other consumer has two slightly damaged accounts. Neither have any accounts in collection or adverse public records.

See the chart above to see how each scenario affected each borrower.

Notice that for both borrowers a single one-time black mark results in steep drops, but it is when they fall further behind that things get really harsh, according to Craig Watts, a spokesman for Fair Isaac.

“The lending industry tends to regard an account differently when it has become 90 or more days late,” he said, “The likelihood that consumers will resume paying their overdue obligations drops off significantly after the delinquencies have reached 90 days.”

One reason credit companies were so closed-mouthed is that they often can’t definitively state how much each delinquencies will affect scores because there are too many variables.

Some borrowers will fall much more steeply than others for the same payment problem, according to Maxine Sweet, vice president for public education at Experian, one of the nation’s main credit bureaus.

“If you picture someone who has just one mortgage and one other credit account versus a mature credit user like me with 15 accounts, if they miss one payment that would impact their scores a lot more,” she said. “For me, one missed payment would just be a blip.”

The point loss also depends on the borrower’s starting point: People with very high credit scores have more to lose than low-score borrowers; the impact of a single blemish on an 800 score is more than on a 500.

0:00 /2:23Homeowners overtaxed

Of course, it just gets worse when you face foreclosure.

Mortgage borrowers can lose their homes three basic ways: a foreclosure; a short sale, where the home is sold for less than than is owed and the bank (generally) forgives the difference; or a deed-in-lieu, in which the borrower gives back the property and the bank again forgives any unpaid balance.

Sweet said credit bureaus generally slash scores equally for those three resolutions to someone losing their home. The important factor, she said, is that “it’s reported that you paid less on a settled account.”

Some borrowers may think that because they never missed a payment, they can “walk away” from their homes with relatively little impact on scores. Not true. “When a deed-in-lieu or short sale is reported as a partial payment, it’s treated as a serious delinquency,” Watts said, “just like a foreclosure.”

Even if borrowers made payments faithfully for years before short selling or doing a deed-in-lieu, their credit score will still take a hit. The total decline will run about 85 points for the 680 score borrower to as much as 160 for the 780 score.

Mortgage debt, combined with other financial problems, can send borrowers into bankruptcy, the worst thing that can happen to your credit score.

The effects are long-lasting, according to Sweet. In a Chapter 13 bankruptcy, which involves partial repayment over several years, the stain will take seven years to remove. A Chapter 7 bankruptcy, which involves liquidation, takes 10 years to get over.

It’s gonna cost you

Absorbing a big credit-score hit can make many transactions more costly. It’s not just paying more for credit card debt and auto loans, insurance can cost more as well.

The average savings for someone with a good versus mediocre credit score is about $115 a year for auto insurance and $60 for home, according to Loretta Sorters, of the Insurance Information Institute.

A low credit score can even make it harder to rent a home because landlords often use credit scores to weed out prospective renters.

Despite the problems a poor credit score can cause, Experian’s Sweet recommends that people who are in financial dead ends, like totally unaffordable mortgages, it’s better to recognize that and cut your losses quickly; don’t prolong the problem.

“You need to do what you need to do to get your finances back in order,” she said. “Don’t worry about your credit score.” To top of page

Richard Simpson  770-623-6341

I have discovered how I can help you to avoid Mortgage Foreclosure!

We offer a FREE one (1) hour counseling with a Certified Forensic Mortgage auditer to review your  loan documents given to you at closing.

Be sure to read my post about MERS (Mortgage Electronic Registration Systems www.mersinc.org

Contact me for a  True Forensic Audit of  all of your loan documents that the lender gave you upon closing your loan to purchase or refinance your home.

This will be a true life saver for you and your family! Afterward completing your Mortgage Forensic Audit I our Attorney and home counsler will want to share the  good news with you on how you can now avoid a very painful situation with your mortgage .

I have been a Mortgage Banker for the past 25 years and have never seen more good honest people in such dire straights financialy that we see today.

Homeowners faced with Foreclosure often find themselves in the mix of new terminology they have not heard before. Below your will find some of the things you might find helpful if you are facing foreclosure. Make sure you understand what you are being told by your lender.

Knowledge is the best weapon to have when fighting your Foreclosure!

My niche is paying attention to the needs of the people that I work with.  Striving to take the uncertainty and stress out a loan that you now have for your home and saving your home.

Richard Simpson

Avoid Mortgage Foreclosure
Desk:  770-623-6341

Bank of America is considering a special program for unemployed borrowers that would offer as many as nine months of no mortgage payments while they hunt for a new job.

A spokesperson for BofA told HousingWire that the program is still pending regulatory approval. Whether or not the payments are forgiven or just deferred has not been solidified yet, but according to the spokesperson, a likely option would be to capitalize the past due payments into the new permanent modification.

If the borrower finds employment during the nine-month period, BofA would structure a loan modification using its own programs or the Home Affordable Modification Program (HAMP).

BofA completed almost 32,900 HAMP permanent modifications through March, up from 20,666 in February. BofA was the first to commit to the HAMP second-lien program from the Treasury and the first to offer principal write-downs as part of the servicing process.

If the borrower cannot find a job after nine months, the borrower would enter into a previously agreed upon deed-in-lieu of foreclosure arrangement. BofA would offer a minimum $2,000 “cash-for-keys” check to the homeowner.

“Sustained recessionary impacts and their effect on the unemployed, in particular, demand we consider creative solutions above and beyond what is currently available to put these customers in the best possible position to sustain homeownership,” the BofA spokesperson told HousingWire.

The savings bank Flagstar put in a new unemployment insurance program earlier in the month that would cover mortgage payments if the borrower lost his or her job. Genworth Financial (GNW: 18.28 -0.33%) is providing insurance to the program that comes at no charge to the borrower.

This month, 15m people held no job, and the overall unemployment rate stayed at 9.7% in March – the same as February, according to the US Department of Labor.

Richard Simpson 770-623-6341

rsimpson@helptoavoidmortgageforeclosure.com

Myth: The bank wants your house

Truth: The bank almost never wants your house, they want the money they lent you paid back with interest. In fact, banks usually hate going through the foreclosure process and will bend over backwards to work with homeowners in avoiding a foreclosure. Often the bank’s flexibility still doesn’t go far enough in stopping the home foreclosure. Never confuse that with the bank “wanting” your house. Treating the bank with contempt or completely avoiding them because you think they “want” your house may only serve to hasten the result that neither of you want, that they “get” your house.

Myth: The bank will not take my payments, I can do nothing else
Truth: At some point many banks say if you do not pay all of your arrears in full they will not accept a partial payment. Maybe a month later you get that figure together only to find the bank sends it back because another month has gone by and now the “all or nothing” requirement has grown. Do not fear! If you and the bank can not get together on a solution for stopping foreclosure a mortgage negotiation professional can set up a plan for you to pay just a portion of the arrears now if along with the partial mortgage arrears payments you set a plan to pay future current payments and catch up on the remaining arrears over time, sometimes months, sometimes the life of the balance of the loan or extending the loan. The foreclosure process stops and as long as you stick to the plan you keep the home. Don’t miss a payment under the new plan or the foreclosure process can pick up where it left off and banks rarely give second chances with this type of plan for avoiding foreclosure. If this fails you may still have the option of a Chapter 13 bankruptcy to save the house from foreclosure. Don’t forget when the bank stops accepting your mortgage payments do not spend all your money elsewhere, you will need it to save the house. Read more on this at “Who to pay when you can’t pay everyone”.

Myth: I received a foreclosure notice; I have to move out now
Truth: Most states have a very long foreclosure process, even after failure avoiding foreclosure you do not have to move. Following a foreclosure you must go through an eviction hearing. Eventually you will be physically removed. I’m not suggesting you hold out until the end, but making sure you know you get to stay and fight if you want. Time can be on your side if you take action early and don’t waste the opportunities for stopping the house foreclosure.

Myth: I’m in foreclosure, no bank will refinance me out of this foreclosure
Truth: If you have enough equity in your home, typically 60%-70%, specialty lenders will refinance the house to pay off the old bank and stop the foreclosure.

Myth: If I go through a foreclosure I can never buy a house again
Truth: From a banking point of view foreclosures can be viewed as one of the worst things ever on a credit report. Even so, some banks will make you a loan very soon after a foreclosure. Be prepared for very large down payments and high interest rates. Most often the terms of these loans prevent people from buying another house not that funding does not exist. In time provided you work hard to rebuild your credit you can go to a bank almost as if the foreclosure never happened, although expect that may take 4-7 years. Click here for an article about bad credit mortgages or applications for loans after foreclosure.

Myth: On the foreclosure auction day everyone in the world is going to invade my house
Truth: While some foreclosure sales may be held “at” the property no one will come inside unless you invite them.

Myth: A chapter 7 bankruptcy will stop my foreclosure and save the house
Truth: A chapter 7 bankruptcy will stop the home foreclosure on a temporary basis only.

Eventually you need to do something else to keep the house in the long run if you are facing foreclosure.

Myth: Homeowners can come up with all sorts of creative ideas for stopping home foreclosure and the bank will go along with the smart plans
Truth: Bank’s organizations in most cases involve complex bureaucracies and specific procedures. Most times the smartest plans remain destined for rejection. Stick to a plan within formats and parameters the bank works with everyday for avoiding foreclosure, get a foreclosure prevention professional to help you if needed.

Richard Simpson  / call 770-623-6341

RichardFor Free Stop Foreclosure Consultation                                   Call 770-623-6341!

Stop Foreclosure Center: Are you tired of not knowing what you need to do to stop a foreclosure?

Stop Foreclosure Center: Do you have Unanswered questions?

Stop Foreclosure Center: Are you seeking mortgage assistance?

Stop Foreclosure Center: Are you 3- 5 or more payments behind?

Stop Foreclosure Center: Are you worried about having a bankruptcy on your credit for at least the next 7 years?

Stop Foreclosure Center: Why NOT talk to an Expert about this?

If you are now facing a home foreclosure, the best advice we can give you is consider all of your options and act now to preserve your home by stopping foreclosure. Time is of the Essence!

Many people facing home foreclosure simply do nothing and hope for a miracle.  Don’t fall into that trap!

Once a foreclosure action starts, a time clock begins, so you can’t waste any time!

SO, WHAT ARE THE POSSIBLE SOLUTIONS TO STOP FORECLOSURE?

If you are like most people faced with the decision of how to handle your mortgage and other debts, you may spend a lot more time worrying about how you are going to make it through each month than actually considering lasting solutions for your problem.

There are really only about SIX main categories of solutions to consider in stopping a foreclosure. The pros and cons of each category are listed below. While there is no way out that is completely painless, you may find the solution that will be the best for you.

Stop Foreclosure Center:   RESTRUCTURE LOAN - This is what we usually suggest as the best way to stop home foreclosure.

Stop Foreclosure Center: REFINANCE PROPERTY -

While this may seem like the best alternative right now, often it is not!

Stop Foreclosure Center: OPTIONS UNDER LAW -

These options, including bankruptcy, should be looked at as a last resort.

Stop Foreclosure Center: DISPOSE OF PROPERTY -

In a distress sale, often you can only get 65% of actual property value.

Stop Foreclosure Center: DO IT ALL YOURSELF – This can be very dangerous and you could make a very expensive mistake.

Stop Foreclosure Center: PAY ALL MONEY DUE -

If you cannot pay the entire amount in full, you will need another option.

Let us Help Save YOUR Home!

Call the Stop Foreclosure Center / Richard Simpson /   770-623-6341 rsimpson@helptoavoidmortgageforeclosure.com

Time is        ticking...  Stop  Foreclosure NOW!

Under the current Bankruptcy Code, a debtor who files a Chapter 7 bankruptcy will not receive a discharge from debts defined in paragraph 5 of 11 U.S.C. § 523(a) as “domestic support obligations” or debts under 11 U.S.C. § 523(a)(15) owed “to a spouse, former spouse, or child of the debtor and not of the kind described in paragraph (5) that is incurred by the debtor in the course of a divorce or separation or in connection with a separation agreement, divorce decree or other order of a court of record, or a determination made in accordance with State or territorial law by a governmental unit.”

“Domestic support obligations” are defined by 11 U.S.C. § 101(14A) as debts “in the nature of alimony, maintenance, or support” owed to a spouse, former spouse, or child.

These limitations on dischargability therefore apply to both child support and alimony, as well as other potential obligations under a divorce decree, such as agreements to pay joint debts or obligation to pay an ex-spouses attorney fees.

RichardIf your ex-spouse does file for bankruptcy, you may need to file responsive pleadings and argue this issue in front of a Judge if the debtor seeks to discharge the debt. If you fail to dispute the discharge, that could result in the debt being discharged. Though this is very unlikely, if you are not sure how to protect your rights you should consult with an attorney.

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