Should I file for bankruptcy or do I have other options?

While this question might be broad, it allows your lawyer to discuss all of your options. Your lawyer can discuss the benefits of Chapter 7 and Chapter 13, as well as options other than bankruptcy that you may not have considered yourself. This overview may provide you with a clearer understanding of the pros and cons of filing bankruptcy.

Who will actually be handling my case?

In some cases, the lawyer you consult with will not actually be handling your case. It is important to know who will handle your case and also whether this person is a lawyer. In many consumer bankruptcy “mill” practices, a non-lawyer performs the majority of the work on your case.

How much of your time is devoted to bankruptcy cases?

Though some lawyers have 20 years of experience, they may only work on two or three bankruptcy cases a year. Therefore, they will not be as experienced as lawyers who work bankruptcy exclusively for much shorter periods of time. Bankruptcy laws have recently changed so it is important to know that your lawyer is familiar with these new laws.

How much do you charge for your services?

This might seem like an obvious question to ask initially but there are benefits to waiting until the end of the consultation. First of all, you can evaluate all of the other services the lawyer plans to provide. Many of the consumer bankruptcy “mills” advertise a low price but their services are very limited and exclude many of the customary services. Thus, your fee will increase exponentially to file your case. Also, it is important to know if there are any other expenses that may be incurred during the process that may be charged to you. With a lawyer, as with so many other goods and services, you get what you pay for.

Randy M. Creighton, Esq.

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First-Time Homebuyer Credit

 If you purchased a home in 2009, or the first four months of 2010 and are a first-time homebuyer or a long-time resident purchasing a new home,  you may be eligible to claim the First-Time Homebuyer Credit.  Here are five key factors to consider when claiming the tax credit:

  • You must enter into a binding contract to buy a principal residence on or before April 30, 2010.  If you enter into a contract by this date, you must close on the home on or before June 30, 2010;
  • A first-time homebuyer is someone who has not owned another principal residence during the three years prior to the date of the purchase;
  • A long-term resident homebuyer is someone who has lived in the same principal residence for any consecutive five-year period during the eight-year period that ended on the date the new home is purchased;
  • The maximum credit for a first-time homebuyer is $8,000 and the maximum credit for a long-term resident homebuyer is $6,500; and
  • You must file a paper return and attach a Form 5405, which must include a copy of a properly executed settlement statement used to complete such purchase.

For more information about the First-Time Homebuyer Credit, including details about documentation and other eligibility requirements, visit: www.IRS.gov/recovery.  

Randy M. Creighton, Esq.

Rebuilding your credit score after bankruptcy is not as difficult as one might imagine.  Whether you file bankruptcy or not the most important factor in improving your credit score is the ability to demonstrate a positive-payment history which really comes down to common sense. With that in mind, below are some common sense ideas to help you get started:

First, pay the debts that survive bankruptcy ON TIME.  Certain debts may be non-dischargeable such as student loans. Other debts, such as car loans may have been reaffirmed during the bankruptcy.  Pay these monthly debts religiously and early!

Second, you can obtain a secured credit card from a bank. A secured credit card is a type of credit card secured by a deposit account owned by the cardholder. Typically, the cardholder must deposit between 100% and 200% of the total amount of credit desired.  For instance, the cardholder who puts down $1,000 will be given credit in the range of $500 to $1,000.  However, do not make the mistake of using your available credit. Maxing out your credit cards hurts your credit score.

Also, all secured credit cards are not the same.  Before signing up for a secured credit card, look for the following:

  • No application fee and reasonable annual fee. Some secured cards tack huge upfront and annual charges onto their accounts; you do not need to pay these to build your credit;
  • Reporting to the major credit bureaus. You are not helping your credit score unless your payment history is being reported to the three major bureaus: Equifax, Experian and TransUnion.  Before you apply for a card, call and ask if the issuer regularly reports to all three; and
  • The option to convert to an unsecured card after 12 to 18 months of on-time payments. Good behavior should get you upgraded to a regular credit card within a year or two.

Third, obtain revolving debt.   It is very difficult on the immediate months after receiving a discharge for a bankruptcy to obtain revolving debt.  However, in some cases, a friend or family member may be able to add you as an authorized user to an existing credit card account.  If the card holder is responsible with the monthly payments, the credit card company will report these payments as a positive payment history on your credit report.

Fourth, a high-interest credit card, should be considered as a last resort because the terms and interest rates are horrific.  People who have recently declared bankruptcy tend to be amazed at the number of credit card offers they receive after their bankruptcy.  Remember that using these types of cards got you into this mess to begin with.  Therefore, be judicious and sensible in deciding which offers to accept.

Finally, monitor your credit reports from all three bureaus: Equifax, TransUnion, and Experian, on a regular basis.  It is very common for a credit report to have numerous errors.  If there are errors on your credit report, FIX them.  To fix a mistake, go to each credit bureau website and file a formal dispute.  Since you just filed bankruptcy, your credit score is VERY fragile and requires vigilance and regular attention.  A single late-payment further hurt your already-damaged credit score beyond repair.

The ultimate goal in rebuilding your credit is to demonstrate a history of responsible credit management. This requires time and effort. Remember, because of the bankruptcy on your record, your credit score is very fragile and requires vigilance and regular attention. Fortunately, with each month, and each on-time payment, your credit score will increase.

Randy M. Creighton, Esq.

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The information contained on this site is designed to enable you to learn more about the bankruptcy services that Black & LoBello offers to its clients. These materials do not, and are not intended to, constitute legal advice, nor are they intended as a source of advertising or solicitation. Your use of this blog does not create or constitute an attorney-client relationship. You should not consider these materials to be an invitation for an attorney-client relationship. Further, you should not rely on the information provided on this blog without first obtaining separate legal advice.

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