For bankruptcy cases filed after March 15, 2010, new means test and median income figures apply. The details are available here: http://www.justice.gov/ust/eo/bapcpa/20100315/meanstesting.htm
Probably. If you miss a couple of payments the Trustee will likely argue that your plan is no longer feasible — that you cannot make the payments and therefore your creditors aren’t getting paid and protected through bankruptcy.
Your best shot is to remember that old scout creed about being prepared. You’ll have to show the court that you can get back on track with your plan, or propose an amended plan with payments that are feasible for you and provide a sufficient amount to your creditors.
If the court agrees with the trustee and dismisses your case, you’ll owe your creditors the current balance on your debts — that is, what you owed at the start of your bankruptcy case, less the amounts you paid through your repayment plan — plus the interest that stopped accruing while you were in bankruptcy.
But the key is to be in constant contact with your attorney. If you cannot make a payment it is always better to call your attorney to have him or her work out the issues with the Trustee.
If you have any questions please contact us.
Randy M. Creighton, Esq.
Bankruptcy has a bad reputation in our culture but the truth of the matter is that, for many people, it is absolutely the best option to escape the stress of insurmountable debt and to gain a fresh financial start. Here is a list of some potential benefits to filing for bankruptcy protection:
- End those harassing phone calls and letters from debt collectors during the bankruptcy process and, for those debts that are discharged, for good! Creditors and debt collectors must stop contacting you for the duration of your bankruptcy case.
- Stop repossession of your property and force creditors to return property that was already repossessed.
- Halt wage garnishment during the bankruptcy process.
- Put an end to the foreclosure process and give yourself time to catch up on payments. Just knowing that you won’t immediately lose your home can benefit you in so many ways.
- “Strip down” your second mortgage to reduce overall house payment. If the home’s value is less than or equal to what is owed on the first mortgage, Chapter 13 can be used to change the second, third etc. mortgage(s) into unsecured debt which doesn’t necessarily have to be paid in full, thereby reducing the overall house payment. Legislation is being considered right now, that may allow certain filers to “strip” the home down to its actual value which crams down both mortgages.
- Dispute any claims from creditors that you believe are false or inflated to gain more from you than what they are owed.
- Prevent your utilities from being cut off or, if they are cut off, require the utility company to restore service.
- In a Chapter 13 bankruptcy, you may repay past-due taxes, alimony, child support, mortgage and car payments over a period of 3-5 years.
- Possibly the most important benefit of bankruptcy is the allowance for the discharge, or forgiveness, of most, if not all, of your debts. Once you receive a bankruptcy discharge, you are no longer legally obligated to pay off those forgiven debts.
If you are seriously considering filing for bankruptcy protection, you may wish to consult a reputable and experienced bankruptcy attorney who can help guide you through the confusing and complicated process. Having an attorney on your side can provide you with the peace of mind that comes from knowing all your bankruptcy bases are covered.
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.






