All About Health Insurance

Archive for the ‘bankruptcy’ Category

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

without comments


Among the various reasons to avoid bankruptcy, one of the most important reason that has come up recently is the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). The law introduced some new changes in the way a consumer filled bankruptcy. The laws imposed few additional requirements on bankruptcy filings that made it more difficult and costly for consumers to file. The glance of the BAPCPA Act 2005 is summarized below:
  • After coming up of the BAPCPA Act a debtor need to go through a means test before filling a Chapter 7 Bankruptcy (the bankruptcy which discharges the debts in full). The means test ensures that a consumer is not abusing the bankruptcy privilege and he is really not in a position to repay his debts.
  • Anyone fails in the means test means that he - is able to repay the debts - and must file Chapter 13 bankruptcy, the bankruptcy in which debts are repaid over a 5 year period.
  • A debtor filling a bankruptcy must go through a consumer credit counseling at least six months before filing, from an approved credit counseling agency.
The survey revealed that bankruptcy filings had been dropped significantly after the introduction of the BAPCPA. The statistics shows that total bankruptcy filings in 2006 were 617,660 which was a 70% drop from 2005 total filings - 2,078,415. This is just because of the strict requirements for chapter 7 filling that led to the increased percentage in filling of chapter 13 bankruptcies filling. The chapter 13 filling had showed an increase of 40% while it had declined considerably in case of chapter 7 filling.

Written by Hans

December 24th, 2009 at 4:34 am

Five most common Bankruptcy questions

without comments



Can my creditors harass me after filing bankruptcy?

No, they will not! As per the law, once the bankruptcy documents are files, creditors must cease all the actions against debtors. Creditors cannot continue any lawsuits or call for payments.

Do spouse get affected?

If you spouse is not responsible that is didn't sign a contract or agreement, then they won't be affected. There are few cases where it is must for both husband and wife to sign the contract, such as purchasing or selling of a property. But other debt, such as credit cards, doesn’t require both to sign.

Consult your lawyer for more information on this.

Who can know?

Though Chapter 7 filings are public records, no one will know about that. There will be a record of your filing with the Credit Bureaus and for next 10 years it will remain on your credit record.

Will I ever get my credit again?

Yes! Many banks offer "secured credit cards where debtors need to put up a certain amount of money in account as security and guarantee payment. Initially the credit limit will be equal to the amount deposited and then it increases as per your payment record.

After two year of discharge, debtors can also avail mortgage loans on normal terms and conditions. Filing bankruptcy record stays for 10 yrs on your credit report. After that it becomes less significant.

How much it cost?

Filing chapter 7 bankruptcy will cost you $300 plus the lawyer's fees. Bankruptcy lawyer's fee varies, but should not be more that $2,000.


Written by Hans

September 23rd, 2009 at 10:20 am

How to stop foreclosure and save home

without comments


Foreclosure should be a last resort in the way of save your self out of this recession period. Home foreclosure is one of the common hits in the recent period of financial recession. This situation basically arises when a borrower misses too many mortgage loan installments. Once he receives a warning notice to foreclose his house means the process has already started. Foreclosure is a legal process where the property will be sold and the money collected from the sale process will be used to meet the outstanding debt. This is actually done after all options are failed.

In a legal manner, a borrower must approach the lender stating his financial condition and he has to be honest enough that the lender can consider his request. This could be the one of the ways to protect the home from the foreclosure. Considering all the factors relating to foreclosure, the lender has to take certain decisions because the foreclosure normally has a complex process to deal and takes certain more time. It is a deal of more expensive with time is the crucial factor. One of the important things from the borrower point of view is, his credit will go down if he forecloses his property. It effects on borrower credit rating for more than seven years.

So considering all the above factors, if a borrower is good honest person and submits himself/herself to the lender with actual financial position, the lender may help the borrower in saving your house.

Written by Hans

September 8th, 2009 at 6:47 am

Unemployment rate worried traders

without comments


As per ADP National Employment report, employment fell by 298000 in August following a loss of 360000 in July. It is much less than the number of losses in since last September 2008, but more than expected by the analysts.

This report on unemployment gave investors another reason to worry about what is widely seen as the biggest problem facing the current economy. Unemployment mostly hit consumer market. People are restricted themselves for consumer spending, which accounts for about 70% of U.S economic activity. It will be a real trouble in pulling the economy out of the longest recession after World War II, without getting much help from consumers.

"Until Friday's data comes, no one is really making any big bets," said Neil Massa, senior trader at MFC Global Investment Management. "A little profit-taking looks healthy at this point."getting much help from consumers.

Investors fear to take risk for the reason that a weak job market can effect in pulling up the economy and hit the stock market. For every two stocks, three fell.

The Dow fell 29.93, S&P index fell 3.29, while the Nasdaq fell 1.82. Bond price get a rise. Other smaller companies fell 2.23.

Written by Hans

September 3rd, 2009 at 6:57 am