How Will Bankruptcy Affect My Credit?

Clients are always concerned about their credit score. It is not unusual for the question “How will bankruptcy affect my credit score?” to be the first thing that comes out of someone’s mouth when they consider bankruptcy as an option. Although bankruptcy does have an effect on your credit, the effect may not be as bad as many would have you believe. Further, most people fail to compare the alternative effect that not filing bankruptcy will and already does have on their credit. There are a number of facts that will appear on your credit report. Any type of loan, any credit you have taken out, how you use it, whether you have paid it or are in default, are all things that will appear when someone looks up your credit report. Bankruptcy will appear on your credit report for up to 10 years. Any negative occurrences will appear for 7. If your credit is poor, as most people’s is when they consider filing for bankruptcy, bankruptcy may not hurt your credit as much as not … [Read more...]

Getting Credit After Bankruptcy…..Is it really 10 years?

Clients are always concerned about their credit score. It is not unusual for the question “How will bankruptcy affect my credit score?” to be the first thing that comes out of someone’s mouth when they consider bankruptcy as an option. Although bankruptcy does have an effect on your credit, the effect may not be as bad as many would have you believe. Further, most people fail to compare the alternative effect that not filing bankruptcy will and already does have on their credit. There are a number of facts that will appear on your credit report. Any type of loan, any credit you have taken out, how you use it, whether you have paid it or are in default, are all things that will appear when someone looks up your credit report. Bankruptcy will appear on your credit report for up to 10 years. Any negative occurrences will appear for 7. If your credit is poor, as most people’s is when they consider filing for bankruptcy, bankruptcy may not hurt your credit as much as not … [Read more...]

Keeping Your Car When Filing Bankruptcy

I saw this article on a related bankruptcy website and thought it was very good and wanted to share it with you. If you have any questions regarding this issue or are looking into filing bankruptcy, please call us for a free consultation. You Can Keep a Car in Bankruptcy, But Under What Terms? In our current tenuous economic climate, more and more normal, honest, hardworking people are turning to bankruptcy for relief from overwhelming debt. In fact, most people who file for bankruptcy are perfectly responsible citizens who have lost homes, lost law suits, incurred unexpected medical bills or other large, unforeseen expenses. One of the most commonly held beliefs about the bankruptcy process is that by filing, you will automatically lose your car. This is simply not true. If you want to keep a car you are still paying for, you will have to give up some of the very benefit your bankruptcy discharge gives you. Reaffirmation Agreements To keep a car on which you are still making … [Read more...]

Filing Bankruptcy In Maryland

Hey folks. Thank you for visiting our website. I haven't posted on my website in a little while, and I'd like to apologize and explain why. We have been so busy over the past few months filing Chapter 7 and Chapter 13 bankruptcy petitions, we just haven't had the time. Why are we so busy? Because we do a good job for every client and our bankruptcy fees are affordable and usually much lower than our competition. Yes, we do advertise on the internet (that's probably how you found us!), but the large majority of our business comes from referrals from satisfied client's who have used our bankruptcy services and passed on our name to friends and family. Nothing makes us happier than that. Just the thought of having to call an attorney to discuss bankruptcy can be overwhelming. We pride ourselves in taking the time necessary with each new client call to listen carefully to your needs and explain what we can do to help you as clearly as possible. Unlike many other firms, we will tell … [Read more...]

Bankruptcy: What is it and how does it work?

As a Maryland bankruptcy lawyer, I have many clients that know very little about the bankruptcy process when they come in for a consultation. It is important that anyone considering filing for bankruptcy to have a basic understanding of the process before they make the decision to file. Everyone has a right to know what their options are and how these options can affect their future, especially when dealing with a bankruptcy. Types Of Bankruptcy There are two types of bankruptcy and each carry different qualification standards. Filing for Chapter 7 bankruptcy produces a debt elimination at very little out of pocket cost to the debtor. However, a debtor must have a reportable income less than the median income level of their state of residence in order to qualify. This rule prevents abuse of the system by weeding out anyone who may be able to afford to repay their debts rather than have them eliminated. Filing for Chapter 13 bankruptcy allows a debtor to develop a repayment plan … [Read more...]

Utility Bills and Bankruptcy

Two Rules for Utilities and Bankruptcy When people are current with their utility bills, utilities rarely become an issue in bankruptcy.  That is because Section 11 U.S.C. § 366(a), prohibits utility companies from discriminating against people based solely on bankruptcy filing. However, often being current is not the case and people seek to discharge their back utilities debts through bankruptcy. You can do that, but keep in mind there are two issues to consider.  First, pursuant to 11 U.S.C. § 366(c)(4), a utility company has a right of set-off against your deposit.  Meaning, the utility company can keep your deposit and apply it to your pre-petition debt. Second, pursuant to 11 U.S.C. § 366(b), the utility company may shut off your service on the 21st day following the filing of your bankruptcy petition if you are discharging a debt to the utility company and have not paid a post-petition deposit.  In other words, if you file a bankruptcy and plan on discharging a debt … [Read more...]

Have a Debt Free 2012!

Happy Thanksgiving to all.  If you are visiting our website during this time of the year, and you are thinking about filing for bankruptcy, you have taken the first step in the right direction to make you 2012 your best year ever.  Too many Marylanders have so much credit card debt and other other debt that they literally cannot go entire day without thinking about their financial woes.  Many, many years ago, our founding fathers realized that life, liberty and the pursuit of happiness INCLUDES the ability to seek debt relief and a fresh start in difficult times.  That is why the right to file bankruptcy was inluded in the first draft of our United States Constitution.  It is your right, and if you don't use it, you are giving up one of the greatest benefits of living in this country. Chapter 7 bankruptcy in Maryland allows you to eliminate credit card debt, medical bills, judgments, garnishments, repossessions and all other unsecured debts except student loans and most debts to … [Read more...]

Ten Things To Do BEFORE FILING BANKRUPTCY

Bankruptcy is very often a time-sensitive process and pre-bankruptcy planning can be critical in protecting assets. Chapter 7, in particular, the trustee’s responsibility is to “look back” at the actions the debtor has taken to insure that there hasn’t been a fraudulent conveyance of assets, a non-allowed preference payment to creditors or other actions that might leave assets exposed. It’s critical, if you are considering bankruptcy, to consider taking the following steps to insure a successful filing: 1. Consult with an attorney. The bankruptcy laws have become so complex that consumers should not attempt to file by themselves. It’s a very risky process to try to do on your own. Since 2005, there is a complicated “Means Test” required, government-approved credit counseling, as well as other changes which made the filing of Bankruptcy much more complicated. Even if you eventually file pro-se (representing yourself) consult an attorney and ask questions about whether … [Read more...]

Chapter 7 Maryland Bankruptcy or Chapter 13 Maryland Bankruptcy?

Bankruptcy may provide some relief to a borrower under financial stress and overwhelmed with debt. Typically, there are two types of bankruptcy available to a debtor, Chapter 7 bankruptcy and Chapter 13 bankruptcy. The requirements and benefits offered by the two types of bankruptcy differ greatly. A Maryland bankruptcy attorneycan explain the differences between the two chapters in detail and help ensure a successful bankruptcy filing. It is highly recommended that a debtor consult a bankruptcy lawyer for help determining which bankruptcy chapter is best suited for their situation. An incorrect or incomplete bankruptcy petition can create long-lasting consequences for the debtor. Chapter 13 is considered a restructuring bankruptcy because the debtor continues to make payments to their creditors according to a court approved payment plan. The payment plan outlines how the income the borrower receives will be used to pay off the debts owed. Once the payment plan is confirmed by the court … [Read more...]

Third Most Chapter 7’s In Maryland Filed!

Usually I write about or I find important or interesting issues on Bankruptcy and post them on this blog for anyone who happens to drop by the website to see.  Today, however, my post is a little different.  Today it's about my bankruptcy firm, and yes, I am going to do a little bragging.  I have been practicing bankruptcy law in Maryland for almost 20 years.  In 2005, however, when the laws changed, I stopped doing it for a while.  My thought was that everyone and their mother (sometimes literally) had just filed Chapter 7 bankruptcy in Maryland during that prior year and the amount of people in Maryland to help with bankruptcy's would be very few in the next few years.  So I changed my practice and concentrated more on Family Law.  But in 2009, shortly after the recession hit full swing, I realized that, with so many people out of work and out on disability and without health insurance, the need for Chapter 7 and Chapter 13 bankruptcy's in Maryland would soon rise again.  So, … [Read more...]