Published Thursday, September 2, 2010 @ 10:32 am

Last year, one million people filed for bankruptcy, with 2010 on tap to top even that staggering figure. So what’s behind the big bankruptcy bump? A continuing housing crisis, higher health care costs, and unemployment hovering the double-digits. As a result, many people who have already filed in the past may be facing another round of tough financial times, and considering a second-time bankruptcy. But what considerations are there for someone considering a double-dip in the bankruptcy pool?

Well, under current bankruptcy rules, certain conditions apply for a second bankruptcy. In North Carolina, as is the case in all other states, you must wait 8 years between filing a Chapter 7 case and filing another Chapter 7 case; you must wait six years between a Chapter 13 and a Chapter 7, four years between a Chapter 7 and a Chapter 13, and two  years between subsequent Chapter 13 filings.

Given these limitations, here are five quick tips to consider when contemplating a second bankruptcy filing.

Be Thoughtful

In this era of economic strife, many feel they have nowhere to turn but for the benefits of bankruptcy. A sudden medical expense or lay-off can leave you feeling financially destitute. A lot can happen in the years between bankruptcies. In these cases, multiple bankruptcy filings may feel like the only option. Be thoughtful about a second shot at bankruptcy. Be honest with yourself about whether or not this option is best. And, most importantly, don’t be afraid to use the helping hand that bankruptcy can provide—once or twice— if your home, health, or ultimate happiness are otherwise at risk.

Assess Debts
When you take a cold, hard look at your current debt, is it greater or less than the debts that prompted your first filing? What type of debt is it? Is your debt secured or unsecured? The answers to these questions can determine whether you need bankruptcy (i.e., less debt, more income); the particular bankruptcy that can help you most (e.g., Chapter 13 or 7); or whether bankruptcy can help at all (i.e., consumer debt vs. student loans).

Seek Financial Assistance
Considering multiple bankruptcies may signify a larger problem with spending, accumulating unnecessary debt, or other self-destructive traits. Just like you would seek a doctor for a continuing health problem, repeat brushes with insolvency may be a sure sign that you need the help of a financial advisor. Often, a low cost assessment can provide priceless insight into the persistent problems causing your financial failures.
 

Stop the Cycle of Spending
In most cases, Americans filing for bankruptcy today are merely the victims of the unexpected: layoffs, sudden injury or illness, or the fine print of consumer credit. That’s why, the second time around, it’s always important to look beyond the catastrophic event and to potential budgetary behaviors that may be contributing to the systemic problem. In short, curtail any spending habits that might have led you back to this financial place; shore up any spending on luxuries and non-essentials; and finally, and most importantly, because new bankruptcy laws can limit a third try, make this bankruptcy your last.

Get Good Legal Advice
If you’re considering another bankruptcy it’s time to turn to someone who’s got your back when you’re in the process of bouncing back a second time. That “someone” is inevitably a qualified bankruptcy attorney who can help you to conquer your another round of creditors and face your most recent financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond the bankruptcy. The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Wednesday, September 1, 2010 @ 10:07 am

In an era of meteoric unemployment rates, looming layoffs and job uncertainty, income can be a tough thing to talk about these days.

But for those men and women seeking the priceless protections of a bankruptcy—many for the same unfortunate economic reasons listed above—talking about income is at the very core of a successful bankruptcy filing.

Under current bankruptcy law, debtors just like you who are seeking bankruptcy must complete what is known as a Statement of Financial Affairs. On it, you are asked to disclose all earned income: from average employment pay to profits from the operation of a business. In addition, you must also share any income coming from other sources.

To clarify all of the sources that must be disclosed to the bankruptcy court, here’s what you should keep in mind when filling out your personal Statement of Financial Affairs to better assure an informed and effective bankruptcy:

Three Year’s Worth of Income
When considering a comprehensive disclosure for the purposes of your Statement of Financial Affairs, keep in mind you must reveal all income received during the year of your bankruptcy filing, as well as all income accrued two years prior to your bankruptcy filing. In this situation, if you were to file for bankruptcy this month (September 2010), in addition to providing income information for 2010, you would also need to share your earnings for the years of 2009 and 2008. In come can be proven by providing your tax returns, or what’s known as a profit and loss statement for those who are self-employed or own their own business.

The non-filing spouse’s income
If filing jointly with your spouse, both of your incomes will be included when determining your eligibility. If your spouse is not filing, you will probably need to provide some information about the non-filing spouse’s income. This is to make sure that your spouse’s contribution to the household, if any, is included in the total monthly income. If your spouse keeps his/her finances completely separate, it will be necessary to know exactly how much of the household expenses the spouse pays separately for items like mortgage payments, utilities, groceries, etc. Don’t let this easy requirement deter you. Even if you keep your finances completely separate, your attorney should be able to help you make a determination your spouse’s contribution.

Social Security and Child Support Payments
Income in the traditional sense isn’t the only “income” necessary for the purposes of the Statement of Financial Affairs. In addition, you must also include all income—even amounts that would normally be considered exempt for the purposes of your bankruptcy. For example, you must disclose Social Security and child support payments, as well as   any cash or income considered “under the table” for the purposes of traditional personal income. In short, all incoming money should be considered fair game when consulting with your attorney about your personal bankruptcy filing’s Statement of Financial Affairs.

As a result of the intricacies of a Chapter 7, 11, or 13 bankruptcy—especially in a case where there are multiple parties’ incomes at issue—it is essential to consult with a qualified bankruptcy attorney. Your bankruptcy attorney is important during the bankruptcy process to help you navigate any uncertain waters and work in your best interests during the duration of your bankruptcy. The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

Raleigh bankruptcy. Durham bankruptcy. Lumberton bankruptcy. Wilson bankruptcy. Fayetteville bankruptcy. Cary bankruptcy.

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Published Monday, August 30, 2010 @ 2:25 pm

Regardless of your current financial situation—from good credit to no credit—there’s no denying that we’re living in a tough housing market. So if you’re considering bankruptcy, you might think that if it’s a challenge to become a homeowner for those in the best financial times, it might be next to impossible to acquire your dream home if you’re currently recovering from a Chapter 7 or 13 bankruptcy filing.

The hard and fast truth is that getting your financial house in order following your bankruptcy, especially in order to qualify for a mortgage loan to get the home you want, is more possible than you think. That is, provided you follow a few essential steps to begin creating the proper financial foundation for building your own “home sweet home.”

Rebuild Your Credit

It’s always been important to pay your bills during and following your bankruptcy…and that’s especially true if you’re considering major purchases as your credit recovers. But building back your credit, by actions beyond paying your bills, can be the key to opening the door to home ownership yet again. While it’s not always simple to qualify, attempting to rebuild your credit potential through a secured credit card may be the quickest way to prove your financial capacity, responsibility and stability—even in tough economic times. While bad habits may have led to your bankruptcy, fiscal responsibility following your filing can pay dividends as you set your sights on home ownership.

Save All You Can
It’s vital to a more secure mortgage lending opportunity to not only rebuild the credit you have, but also to save money you need. In many ways—from relieving the burden of medical bills to curtailing credit card debt—bankruptcy can allow for the type of savings necessary to have a substantial down payment, and with it, a better shot at the home you want. Closing the gap between the value of your house and the amount your lender needs to provide makes their decision that much easier. You can build a better foundation in the future by being frugal now.

Take Your Time
While tough times might have called for tough measures, including your bankruptcy, it’s important to take a measured approach when trying to bounce back. Qualifying for a home loan post bankruptcy is a journey, not a destination, and can often take months, and more likely years. As a result, it is essential to be patient, and understand the process for generating the financial goodwill to get back in a mortgage lender’s good graces.

In short, financial problems do not represent a terminal condition when considering home ownership. And with the right economic outlook, planning and patience, you can construct a more than proper plan for making that house down the block your home post-bankruptcy.

Still unsure? Feel like you want someone to have your back when you attempt to build back credit post bankruptcy? Knowing a qualified bankruptcy attorney can not only help you conquer your creditors and face your financial fears, but also provide the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond the housing bubble. The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Monday, August 9, 2010 @ 2:00 pm

This unrelenting economic downturn has been tough on all Americans—whether they be single, dating, engaged, married or widowed. But, as anyone who has ever been married already knows: money (or lack thereof) can be the main cause of many couple’s marital strife. As a result, in this especially difficult economic climate—full of job insecurity, foreclosures, and slow economic gains—many have been pushed to the brink of bankruptcy, and, along with them, the people who love and wanted to marry them.

So what should you do if you are preparing to marry someone drowning in debt?

While as a general rule, you are not liable for your spouse’s debt, in some cases the debt follows the “I Do’s” and you may end up paying that debt anyway. For example, consider your new spouse (or future spouse) has $70,000 in credit card debts and other unsecured, consumer debts. He/she has an income of $35,000, below average median income levels. Based on his/her income alone, he/she could easily solve his or her insolvency issues with the benefits of a personal bankruptcy through Chapter 7. By comparison, your income is nearly $80,000 and you have no unsecured debts. This second, higher income could “mean” bad news under bankruptcy’s “Means Test.”

Bankruptcy’s “Means Test” is a formula for determining a debtor’s ability to pay back their debts. An inability to pass this test disqualifies someone from Chapter 7 bankruptcy, making Chapter 13 (or 11 for those with extremely high amounts of income and/or debt) the debtor’s only option. Because income for purposes of the “Means Test” includes “family income,” a new spouse’s income must be considered in determining the debtor-spouse’s “Means Test,” even when the new spouse has no stake in, or need to file for, bankruptcy.

In the above example, the new spouse’s relative affluence can make the debtor-spouse ineligible for the benefits of Chapter 7 bankruptcy. Without the option of a liquidation bankruptcy under Chapter 7, as mentioned, the debtor’s only option is now Chapter 13—a peition requiring a three to five year repayment plan.  As a result, the new spouse “marries into” his or her debtor-spouse’s debt, and the higher salary is forced to subsidize repayment of that debt when the Chapter 7 bankruptcy cannot.

Because of this consideration, couples considering marriage, and bankruptcy, should consult with a qualified bankruptcy attorney when determining the timing of either decision. In some cases, filing for Chapter 7 prior to marriage (or prior to a couple cohabitating in one household), can mean a better result for the debtor under the “Means Test.” In other cases, marriage can increase a household size, thereby qualifying the household for Chapter 7. Other considerations include the fact that marriage can act to bind personal property, real property and other financial assets, making them exempt from the bankruptcy process. In short, a little planning before the nuptials, and your bankruptcy, can pay dividends for the beginning of a lifetime together on the road to financial freedom.

If you are considering filing for bankruptcy to strengthen your union, as well as your finances, knowing a qualified bankruptcy attorney can also help you make the right spending decisions, yielding the right kinds of support, information and insights—at a low cost— for a fiscally viable and secure portfolio.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Monday, August 2, 2010 @ 9:00 am

Despite a continuing overseas economic crisis, the U.S. saw a fourth consecutive quarter of economic growth. This good news is tempered by another economic prediction: with stimulus spending on the decline and the economic recovery sputtering, experts are warning of a troubling new pattern—an economic upturn too slow to put Americans back to work and get the nation back in business.

In fact, according to a recent Washington Post article, “growth was below the long-term trend rate at which the U.S. economy expands and is not strong enough to drive down unemployment. And more worrisome, many of the details of the report point to a continued slowdown of expansion this year…. The new numbers — and the spreading realization that sluggish growth may be a lasting trend rather than a one-quarter phenomenon — hang over the political world heading into November’s midterm elections. The House of Representatives left for its August recess Friday without resolution of policies meant to boost the economy, including legislation to support small-business lending.”

Americans are spending more on goods and services. But in the wake of staggering unemployment, leveling incomes, and staggering debts that linger from pre-recessionary spending, we can’t seem to spend fast enough to help the economy. A weak economy can’t create jobs. And the cycle of tough economic times, low consumer spending, and “too-small-to-help” growth continues.  “The problem is it looks like the consumer was really weakening in June, so you’re starting the third quarter in a position of weakness,” David Shulman, senior economist at the UCLA Anderson Forecast told The Washington Post. “The components of this report are ugly.”

And with the imminent end of certain factors that had helped buttress the U.S. economy over the last year, including boosts from businesses building their inventories, surges from the home-buyer tax credit and the results of federal spending, economy growth is expected to come in the form of “an ongoing sluggish recovery.”

If you feel your own economic recovery is sluggish at best, and you’re continuing to drown in personal or even non-consumer debt, it might be time to take your own financial matters into your own hands and join the millions of people who have already found financial relief in Chapter 7 or Chapter 13 bankruptcy throughout our “Great Recession.” By discharging personal or business debt through bankruptcy you could solve many of your most pressing financial problems—righting your course for a better financial future…just as the country attempts to do the same. This will put you in the right fiscal place at the right time to hit the ground running as the nation tries to right itself, allowing you to start over in a better position than most.

Specifically, a personal bankruptcy through Chapter 7 or 13 bankruptcy will automatically stay creditor action and harassment, including those annoying collection letters, phone calls and repossessions; as well as dispense with much, if not all, of your secured and unsecured debt, either via an exchange of collateral, property or other assets, or through a personally-tailored payment plan that you can afford.

The first step is knowing a qualified bankruptcy attorney who can help you regain your power, conquer creditors and face your financial fears, yielding—all with the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

Cary bankruptcy attorneys. Durham bankruptcy attorneys. Apex bankruptcy attorneys. Raleigh foreclosure relief.

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Published Wednesday, July 14, 2010 @ 5:12 pm

For many people, divorce can cause a huge financial strain in already tough economic times. In others cases, it’s the crushing weight of debt that leads to the dissolution of a marriage.  Whatever the ultimate cause, and effects, when considering bankruptcy amid a divorce it’s important to know a few basics.

Divorce Decrees and Bankruptcies
Because your bankruptcy only includes debts in existence at the time of your bankruptcy filing, a subsequent divorce decree (i.e., a divorce decree following the date of your bankruptcy petition) remains intact and won’t be included in the debt dispensed by your bankruptcy. While few attorneys would urge you to continue in a bad relationship for money, some good advice might be to time your bankruptcy filing so that it follows (and includes) the divorce decree or separation agreement.  Keep in mind that only Chapter 13 bankruptcy discharges debts and equitable distribution obligations, as long as they are not considered alimony or child support or in lieu of either kind of domestic support.  Sometimes, obligations to pay the other spouse’s attorney fees related to the separation or divorce might sometimes be considered domestic support obligations and therefore non-dischargeable. 

All obligations under a separation agreement remain intact and enforceable after a Chapter 7 bankruptcy, as Chapter 7 does not afford the debtor a discharge of any separation or divorce-related obligations.

Preparing for Property Divisions
When a divorce court awards you property or other assets, it remains your property even if your ex-spouse files for bankruptcy. However, in a case where the divorce court orders property transferred to you but your ex does not follow through with the transfer prior to his or her bankruptcy, your ex may be able to evade that debt through bankruptcy. As a result, timing is of the essence and incredibly important to keep in mind—especially if you are considering divorce at the same time your spouse is considering bankruptcy.

180-Day Rule
Short and sweet: if you are entitled to a part of the property divided between you and your ex-spouse, within 180-days of your bankruptcy, you may be forced to forfeit it to the bankruptcy trustee.

Bankruptcy Courts Trump Divorce Court Considerations
A bankruptcy court looks at your actual financial situation and makes determinations about your ability to discharge any and all of your debt.  As a result, obligations that may be deemed non-dischargeable debt by a state court or your spouse (or even you) are not necessarily binding in your bankruptcy result.  Ultimately, the bankruptcy judge will decide who owes what and when post-bankruptcy.  As mentioned before, Chapter 13 discharges most non-domestic support obligations that are part of a separation agreement or divorce order.  A Chapter 7 will not discharge any obligations incurred as part of the separation or divorce.

Spousal Support Remains Exempt Even When Property Does Not
As mentioned, if you’re in the midst of a divorce and are awarded property in the divisions, it is possible that some of the property you are entitled to receive won’t be exempted when creditors come calling following your bankruptcy.   A good bankruptcy attorney will help you with exemption planning – finding legal ways to protect your property with available state law or federal exemptions.  Conversely, if you’re entitled to spousal support when you file, most, and possibly all of that cash, is off-limits to creditors clamoring to take what they can get in your insolvency.

When considering the balance of divorce and bankruptcy, it is essential to let good timing, and better temperament, prevail. If debt does you part, remember to plan ahead and reduce tensions between you and your soon-to-be-ex-spouse; work toward a settlement that is in both of your best interests, including those of the bankrupt party; and explore your financial obligations now—to avoid complicating your divorce with arguments over child and spousal support, insurance, retirement accounts and attorney’s fees.

Most importantly, if you have been affected by the financial downturn, are facing a divorce or separation and are wondering how to get back on track, knowing a qualified bankruptcy attorney can also help you to conquer your creditors, the costs of your marriage dissolution and face any other financial fears, yielding the right kinds of support, information and insights—at a low cost. The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Wednesday, July 7, 2010 @ 8:48 am

For most recent college and post-college graduates, the hot summer months are a chilly reminder that student loan repayment deadlines are mere months away. These impending debts arrive at some of the toughest economic times ever for the newest round of job seekers, as the nation, and especially its youngest workers, continue to face record unemployment and mounting consumer debt. So what happens when poor economic conditions coincide with mandatory payback timelines for budget-busting student loans? Two words: loan defaults. Now, the countdown is on as many recent grads will soon exceed the 270-day window for paying back their educational debts, beginning a bad precedent for staying current in an economy that may or may not be heading into another recession.

As a result, many student loan borrowers are left wondering: can bankruptcy help?

Normally big debts, high interest rates and no job would be the perfect equation for making a new financial start using bankruptcy. Unfortunately, in most cases, student loans debts are exempted from the list of debts absolved during the bankruptcy process. In fact, student loans must be found to create an “undue hardship” in order to be eliminated or reduced in bankruptcy court—creating a high standard for making a dent in a debtor’s often most astronomical debts.

Well, now there’s a little more bankruptcy light at the end of the student loan tunnel. In a recent case, the 8th Circuit Federal Bankruptcy Appellate Panel upheld a bankruptcy court’s decision to discharge $300,000 in student loans. The court in In re Walker found that the debtor’s inability to work due to family circumstances justified a discharge of her student loans. In this particular scenario, the debtor had taken on a large amount of student loans pursuing a bachelor’s degree and several postgraduate degrees while raising five children, two of them with autism. As a result, the student-mom was unable to maintain high-paying employment that would allow her to repay her massive student loan debts.

Ironically, in most bankruptcy cases, the same $300,000, if placed on a credit card or wrapped up in a bad mortgage, could be easily discharged in bankruptcy—automatically expunged under Chapter 7 and significantly reduced in case of Chapter 13 bankruptcy.

However, the liberal decision in In re Walker to forgive the debtor’s student loan debt due to her family circumstances should hearten many recent grads struggling to balance family, low-paying jobs and whopping educational debts. In addition, the tide also seems to be turning at the legislative and executive levels, as the Obama administration and Congress consider making it easier for debtors to discharge private student loan debt.

In short, relieving financial burdens early in your adult life and career can pay dividends later: allowing you to rebuild credit as you build your career and repay your educational loans earlier in the game. As a result, if you too have been affected by the economy and are wondering how to reduce student loan debt—and stress— knowing a qualified bankruptcy attorney can also help you to conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond our own “Great Recession.”  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Saturday, July 3, 2010 @ 5:29 pm

If you’re considering bankruptcy, you may be wondering about the nuts and bolts of the bankruptcy process. One part of this process is the 341 meeting.  After filing your Chapter 13 or Chapter 7 bankruptcy, you are REQUIRED to attend a meeting of your creditors, otherwise known as a “341 meeting.” Named for section 341 of the bankruptcy code that mandates a meeting between a bankruptcy bound debtor and creditors, it normally occurs three to six weeks after your bankruptcy filing. If you fail to attend the 341, it may result in the dismissal of your case.

Purpose of the 341

Despite the fact that the 341 meeting is not attended by a judge, nor conducted in a courtroom, it is part of the bankruptcy legal process, meant to ensure that you openly and honestly represented your assets, debts, and disposable income in your bankruptcy petition. Your appointed bankruptcy trustee presides over the questioning during which he or she joins the creditors (that show up) to ask you questions, under oath, concerning all of your property and your financial situation before and since your bankruptcy filing.

During the 341 Meeting

Since the 341 meeting is part of a legal procedure, you will answer questions under oath after a swearing in. As part of the formal bankruptcy process, the 341 meeting will be recorded as the trustee asks you questions about business interests, debts, income and the assets that you have listed in the petition. Since the 341 meeting is about fact finding, the trustee may require added information on anything you have listed in the bankruptcy petition.

In the case of a Chapter 13 bankruptcy, your trustee may reiterate repayment plan provisions.

Other than the usual fact finding questions, here are just some standard questions that the trustee might ask:

• Your name, address and your social security number?
• Whether you understand your bankruptcy as read or described by your lawyer?
• Any modifications to your payment schedules?
• Did you read all the schedules prior to signing them?
• Did you list all of your assets?
• Did you list all of your debts?
• How did you value the property listed in your petition?
• Have there been any significant changes since you filed for bankruptcy?
• Are the schedules accurately represented?
• Have you lived outside of this state for the past 2 years?

Rest assured the 341 meeting is brief and informal. In many cases, the 341 is the only hearing you’ll ever need to attend as part of your bankruptcy. As a result, it is important to understand the questions that are asked and what exactly the Trustee is looking for.

Purpose of Questions During the 341 Meeting

While the 341 meeting is considered a fact-finding opportunity for the bankruptcy trustee and creditors, the purposes of some of the questions in a 341 meeting may vary based the type of bankruptcy you’re seeking. In a Chapter 7 for example, the trustee is attempting to determine what assets are available for sale. In a Chapter 13, the trustee attempts to solidify the debtor’s repayment plan.

Creditors and the 341 Meeting

For debtors, one of the more nerve-wracking parts in anticipating the 341 meeting is facing creditors. Keep in mind that while your creditors are invited to the meeting, they are not required to attend to challenge the discharge in a Chapter 7 bankruptcy or to object to a payment plan in Chapter 13. As a result, they are normally absent for a 341 meeting.  Even if creditors do attend, so does your bankruptcy attorney. As a result, seeking legal assistance in your bankruptcy is not only smart, but good for added peace of mind.

As you can see, a qualified bankruptcy attorney is important during the bankruptcy process to help you navigate any uncertain waters and work in your best interests during the duration of your personal bankruptcy. The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Thursday, July 1, 2010 @ 1:54 pm

Despite the rumors, stigmas and innuendo, there are a number of things you can keep after filing bankruptcy. Your car, for example, is something that you may be able to keep, provided your debt issues running up to your bankruptcy did not result in a repossession and the equity in your car can be protected with available exemptions.

If you were financing (purchasing) a car when you filed Chapter 7 but did not plan to surrender the vehicle in your bankruptcy, and you continued to keep current on the debt through filing your case and afterwards, you will need to fill out and sign something called a “reaffirmation agreement.” This legal document certifies that you will agree to repay all or a portion of that particular auto loan debt since it would otherwise be discharged along with your other debt. Confusing? A little.

Basically, the reaffirmation says that you agree to re-assume the balance still owed on your vehicle.  The reaffirmation is necessary because most auto financing contracts have a clause that enables the creditor to repossess the vehicle because filing for bankruptcy is considered a default on your loan.  Reaffirmation stops the creditor from asking the court to lift the automatic stay in order to repossess your vehicle prior to your discharge in bankruptcy.

Granted, it seems odd that in the midst of filing bankruptcy that you would want to keep some of your debt, but there are a few good reasons, especially when it comes to you car. Primarily, you may need it to get to your job. Sure, public transportation is cheaper but what if you drive a lot for your job? Sales professionals, consultants and real estate agents often need a personal vehicle as much as an accountant needs a calculator. Construction professionals often conduct all of their business out of their truck and need it to visit sites and haul equipment. So, the affirmation agreement allows you to keep the collateral that secures the specific debt you want to keep.

However, reaffirmation is not always a beneficial process. Some lenders get pretty huffy about it. It’s possible that even though you move forward with your payments, they won’t be reported to the credit agencies. Plus, you walk quite a tight rope with the lender.  Fail to make a payment, and that car may end up repossessed before you can get your favorite CD out of the player.  In addition, the creditor almost always has the upper hand in proposing the terms of the reaffirmation agreement.  There is no real negotiation of the terms between the creditor and the debtor, and often creditors demand payment at the original contract terms when the loan balance may far exceed the present value of the vehicle.  The debtor often feels they have no choice but to agree to the creditor’s terms.

One reason to reaffirm a car loan or lease is to help your credit standing with that particular lender. It demonstrates a tremendous amount of good faith on your part to move forward with your obligations with a particular lender who down the road may be much more willing to extend you another loan. Keep in mind that this doesn’t mean you should jump at the first chance to get a new car or accept credit from that particular lender. The fact is you filed bankruptcy. Thus, you are still not going to get the same type of loan terms as someone who hasn’t, despite your reaffirmation.

Ultimately, after your complete and sign the reaffirmation agreement, the court must also decide if the reaffirmation would result in an undue hardship and that it’s in your best interest to reaffirm the debt.

In the Bankruptcy Court in the Eastern District of North Carolina, which includes the cities of Raleigh, Wilson and Fayetteville, the court sometimes will disapprove reaffirmation agreements on the basis that reaffirming the debt would impose an undue hardship on the debtor.  Often, even though the debtor has remained current up to the point of the reaffirmation hearing in court, the debtor really can barely afford to maintain the monthly vehicle payment, and has often squeezed his/her budget to great extremes just to make the car payment.  Under these circumstances, if the debtor and the debtor’s attorney can demonstrate undue hardship to the court, the judge will often allow the debtor to keep the car and continue to pay for it as long as they can afford to do so, and allow the underlying balance of the loan to be discharged with the rest of their debt.  Under this scenario, if something unfortunate were to befall the debtor or the debtor’s vehicle, they would be able to surrender the car to the lender with no consequences.  However, if the court approves the reaffirmation agreement, based upon a finding that the reaffirmation is NOT an undue hardship – that the debtor can afford the liability on the full balance of the auto loan, the debtor will be able to keep the vehicle and continue to make payments, but would owe a deficiency to the creditor if the car were repossessed, damaged, or otherwise surrendered to the creditor.  This is because the creditor sells the vehicle, usually at auction, for a price that is less than what is owed on it.  Whatever the difference between the balance owed on your auto loan and the amount the creditor gets when they sell your repossessed vehicle is called the deficiency. 

Navigating the reaffirmation process requires a skilled bankruptcy attorney.  The Law Offices of John T. Orcutt offers FREE initial consultations to North Carolinians living in the Raleigh, Durham, Wilson, Rocky Mount, Fayetteville and Lumberton areas.  Call 1-800-899-1414 to schedule your free consultation now.  One of their experienced bankruptcy attorneys will review your information to decide whether bankruptcy is the right option for  you.

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Published Thursday, June 17, 2010 @ 8:17 am

Just when you thought it was safe to call it an economic recovery, the American Bankruptcy Institute (ABI) pointed to a continuing recession with reports last week that personal bankruptcy filings for the month of May 2010 have increased compared with a year ago (May 2009). In this data also reveals figures finding that total bankruptcies dropped slightly in May 2010 versus the previous month of April 2010.

According to the ABI findings, in May 2010, 136,142 personal bankruptcy cases were filed, a nine percent increase from May 2009, when 124,838 cases were filed. May’s total marked a six percent drop from April of this year, when 144,490 cases were filed. Of the cases filed, 26 percent were under Chapter 13 of the U.S. Bankruptcy Code, and most of the remaining 74 percent were under Chapter 7. Based on figures collected so far in 2010, most sources estimate that personal bankruptcy filings this year will total about 1.6 million, a 10 percent increase over the 1.44 million filed in 2009.

While May marked a decline in filings from the previous month, the ABI data is still illustrative of a severe economic crisis—especially the recent year-to-year increase in insolvency.

While the reasons for the rise in personal bankruptcy, and specifically Chapter 7 bankruptcy, aren’t always clear, other economic forecasts in recent months shed some light on the ongoing issues.

First and foremost, an increase in total bankruptcy filings from this time last year could be one of the offshoots of consistent borderline double-digit national unemployment. This persistent joblessness means many average Americans who have been out of work for several months to a year or more are now exhausting their savings and turning to bankruptcy to get a better economic foothold. In addition to pushing people into bankruptcy, unemployment seems to responsible for the fact that Chapter 7 cases outnumber Chapter 13 cases nearly two to one. This data reveals that widespread unemployment may mean many people have too little money coming in to even consider a Chapter 13 bankruptcy repayment plan. As a result, Chapter 7 may be their only hope in an uncertain economic environment.

And there appears to be no help on the home front for those in over their heads and underwater in their mortgages. In addition to long-term unemployment affecting bankruptcy filings, mortgage costs may be pushing more filers toward Chapter 7. As has been well reported, despite efforts from the Obama Administration’s Home Affordable Modification Program (HAMP), millions of Americans with astronomical mortgages and facing foreclosure have not been able to have their loans modified and still owe more than their homes are worth. Stuck with expensive home loans that they can’t afford, many are willing to walk away from the underwater lifestyle using Chapter 7 (versus salvaging their homes through Chapter 13).

So, if you’re one of the millions struggling with unwieldy debt, long-term unemployment, or an unmanageable mortgage, bankruptcy can work for you as it has for so many this year, and last.

Knowing a qualified bankruptcy attorney can also help you to save money, time, and make you more self-sufficient in an uncertain future, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond our own “Great Recession.” The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Tuesday, June 15, 2010 @ 12:16 pm

In an era of extreme economic downturns and job insecurity, having a car at your disposal has never been more necessary for work, job interviews and providing other basic fiscal needs…even as you consider a personal bankruptcy.   Fortunately, in most places a regular car, as in one single car, is usually exempt from bankruptcy to allow average Americans just like you to get to work, school and make runs for basic needs and necessary family errands.

However, if you do find yourself seeking the financial benefits of bankruptcy, it’s important to avoid putting the brakes on regular car maintenance, including basic car insurance and automobile upkeep.

In short, in bankruptcy, it’s important to keep what you do have intact. So, when you file for a personal bankruptcy, under Chapter 7 or Chapter 13, you are required to keep your vehicle insured even if that personal property is deemed exempt from the bankruptcy coffers; even if the vehicle has been completely paid off; and even if you, as the bankruptcy debtor, do not currently use or drive the vehicle.

Why, you might ask? You must keep your car insured because, upon filing for bankruptcy, your property automatically becomes a part of the larger bankruptcy estate; as such, the bankruptcy estate could be held liable for any claims against you, as the owner of the vehicle; more so, if that vehicle is, you guessed it… uninsured.

In practice, you file for bankruptcy and several days later you find yourself in a fender bender with no car insurance. This triggers a unique situation where the opposing driver can sue you and possibly could sue the bankruptcy estate. And when someone goes after property in the bankruptcy estate it jeopardizes those assets for the purposes of your bankruptcy, creating a situation whereby non-exempt property (property that can be liquidated for the purposes of paying your creditors) could be reduced by a third party and, in the end, reducing the amount of money the creditors receive.

This scenario can trigger a few possibilities.

Stay Uninsured and Face the Consequences
For example, assume you are using a car that you’ve completely paid for with no insurance. You have an accident involving that same car several days after filing for bankruptcy; your part of the property and personal damages is $10,000.  Assume also that your bankruptcy estate is filled with non-exempt assets worth a total of approximately $30,000. In this case, your accident involving your uninsured vehicle could literally cost your bankruptcy estate that same $10k, leaving on $20,000 to pay out to hungry creditors.

Stay Insured and Feel Protected
If, in the alternative, you heed this warning and stay insured throughout your bankruptcy, the insurance can absorb any related damages costs from a car accident, limited your liability both to another driver and the creditors seeking your bankruptcy estate.  In a case where you are willing, but unable, to get the required car insurance, a bankruptcy trustee will sequester that car, and store it,  for the purposes of avoiding any potential liability during the bankruptcy process and repayment plan.

So, to avoid any headaches, hassles or hardships the best rule of thumb is, if you are going to file bankruptcy, do so with insurance…and before your car gets repossessed.

Got more questions about property exemptions in bankruptcy? Well, knowing a qualified bankruptcy attorney can also help you not only conquer your creditors but also keep a much-needed car, yielding the right kinds of support, information and insights—at a low cost— to keep you moving (literally and figuratively) in your fiscally-viable future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button and let these experts take the wheel to so you can start down the road to your next best financial steps.

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Published Friday, June 11, 2010 @ 10:10 am

The summer months are shaping up to be tough times for recent college graduates. This newest round of job seekers continues to face record unemployment and mounting consumer debt. So what happens when these poor economic conditions coincide with mandatory payback timelines for astronomic educational loans? One word: defaults. In fact, many recent grads will soon exceed the 270-day window for beginning paying back their student loan, triggering a default on their mounting student loans—loans that often have high interest rates.

So what can you do if you can’t pay your student loans or have already defaulted?

Categorize Your Loan: Private or Federal
In these default scenarios, the type of student loan can make all the difference. Determine whether your student loan is federal or private. Federal student loans often offer more flexible repayment programs, economic deferments, or temporary forbearances. Alternatively, private student loans can afford less flexibility and fewer repayment options; yet in some cases have ready lenders willing to negotiate repayment with an economy-weary public.

Seek Unemployment Deferments
If you are unemployed and hold a federal student loan, you can qualify for an economic deferment or forbearance. These deferments can provide recent college graduates with precious time to get on their feet, search for steady employment, and pad their coffers for a more fruitful financial future.  For those with private student loans, unemployment status can be a negotiating tool to temporarily lower loan repayment payments and possibly negotiate a deferment of the loan similar to that of federal programs.

Income Contingency Plans or Payment Reductions
What if you do have a job, but your paycheck can’t support your student loan payment? If the money you’re making can’t float the money you owe, federal student loans offer income contingent repayment plans that can more appropriately pair pay to loan payments, giving you a bit of breathing room to work your way up. While most private lenders don’t offer income contingent repayment plans, its in your best interest to try negotiating a temporary reduction in monthly payments. In the world of private loans (amid this economy), it can pay to ask.

Making Breathing Room with Bankruptcy
While bankruptcy [currently] can’t be used to automatically wipe away your student loan debts, what it can do is erase massive credit card debt and other consumer debt loads that are keeping you from repaying your student loans. As a result, bankruptcy can allow you to redirect your paycheck from paying out “bad” consumer debt to repaying “good” educational loans. Further, while it’s difficult, if its found that your student loans create an “undue hardship,” bankruptcy can alleviate student loan woes. Either way, relieving financial burdens early in your adult life and career can pay dividends later: allowing you to rebuild credit as you build your career and repay your educational loans earlier in the game.

As a result, if you too have been effected by the economy and are wondering how to reduce student loan debt—and stress— knowing a qualified bankruptcy attorney can also help you to conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond our own “Great Recession.”  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Wednesday, June 9, 2010 @ 7:23 pm

Despite faint signs of recovery in the business world, bankruptcy courts in America are busy handling more personal bankruptcies. Really busy.

In the last month of the first quarter of this year, more individuals filed for bankruptcy than in any month since last 2005. Back then, there was a last minute rush to seek financial protection because of the soon-to-be-enacted Bankruptcy Abuse and Consumer Protection Act, which made bankruptcy laws what they are today.

March saw 35 percent more people file bankruptcy than in February, when a total of 158,141 petitions were filed. Prior to that, October 2009 held the record but was still 19 percent less than March’s total. And, in at least 12 states in the first quarter alone, personal filings increased by double-digit amounts compared to their 2009 totals.

Impressive, huh?

These numbers indicate a few things. Primarily, they show that the current recession will have a much longer tenure than what the evening news may be figuring. With more people just now filing, that means it will be at least a couple of years before the people behind those numbers can reach their full spending potential within the economy. And even then, they will most likely be living under a “save more, spend less” mindset.

The increase in filings also demonstrates that fewer people view bankruptcy as a sign of financial insecurity or weakness and more as a suitable, legal way to begin anew.

Surprising to many in the industry is that even in states where bankruptcy numbers were already high, the numbers continue to climb. The figures, compiled by Automated Access to Court Records, show that California, Arizona and Florida citizens are still leading the nation in filings after months of suffering the most from the collapse of the real estate market.

The explanations for so many bankruptcies are many, from unemployment to housing trouble. However, personal borrowing is said to be powerful driver of how so many of us wound up in debt. According to a law professor at the University of Illinois, Robert Lawless, the rate of borrowing is 10 times what it was in 1960, when adjusted for inflation. When at one time most people would simply borrow more to stave of creditors, the credit freeze has made re-financing and loan adjustments all but impossible.

The trends are also pointing to a rather steep drop in the number of Chapter 13 bankruptcies, which involve paying a portion of your debt, consolidated, in a series of monthly installments. Now, the vast majority of personal bankruptcies are Chapter 7, which involve complete liquidation of debts and sometimes a loss in personal assets. Essentially, Chapter 7 enables a quicker turn-around. People are able to start fresh, although with not much of a credit rating. At least for a couple of years.

A law professor at UC Berkeley, Katherine Porter, reported that since 2005, Chapter 13 filings are down 35 percent, accounting for only 25 percent of all personal filings. “Systemically,” she said, “that’s a big change.”

Relative to home ownership, the numbers also show that more people are walking away from their mortgages instead of continuing to pay them as part of a Chapter 13 plan. Plus, with the foreclosure rate growing almost as quickly, it’s often the better route.

While there was at one time debate about a mortgage cram-down bill, which would allow bankruptcy judges to reduce mortgage terms to make payments easier for those filing, no such proposal has been passed, leading, in part, to the current state of American home ownership.

If you think you may become part of these statistics, please consider calling us. The sooner, the better.

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Published Wednesday, April 28, 2010 @ 8:23 am

While millions of struggling Americans still working hard to find meaningful employment might disagree, economists are heartened about prospects for growth this year as industries increasingly report better profits and add new jobs, though they still expect the recovery to remain slow, a new survey shows.

As The Huffington Post reported this week, 70% of those recently surveyed by The National Association for Business Economics believe real Gross Domestic Product (GDP)—the measure of our country’s overall economic output— will “grow by more than two percent this year, up from 61 percent who said the same in January. Twenty-four percent are predicting real GDP will grow by more than 3 percent in 2010, up from 14 percent earlier this year. ‘Industry demand moved higher compared to results in the January 2010 report, pointing to stronger growth in 2010,’ said William Strauss, a senior economist at the Federal Reserve Bank of Chicago. ‘After more than two years of job losses, job creation increased in the first quarter of 2010, suggesting a better outlook for hiring over the next six months.’ The NABE forecast…shows fewer jobs are being shed, more are being created and more companies are making money.”

Similarly, HuffPost said that recent growth is said to be at its fastest pace in 10 months.  “American employers March added 162,000 jobs, the most in three years. Wages and salaries also are improving. Respondents reporting higher pay more than doubled to 26 percent, while those reporting a decline in wages slipped to 6 percent from 7 percent in January. The net reading for wages and salaries – planned increases minus planned cuts – was 20, the highest reading since January 2008. Higher salaries would bode well for the recovery, since consumer spending accounts for as much as 70 percent of U.S. economic activity.”

More jobs and higher wages were met by rise in bankruptcy rates last month. In fact, March 2010 marked the highest amount of personal and commercial bankruptcies since 2005. According to data compiled by the Automated Access to Court Electronic Records, there were 158,141 bankruptcies petitions filed this past month—an increase of 20 percent from March 2009.
Thus far, these figures represent the highest number of reported Chapter 7 bankruptcies since 2005, when new laws, including the “means test,” caused a dramatic reduction in bankruptcy cases.

With jobs and wages rebounding in 2010, the record filings are being attributed to the lingering housing crisis, responsible for millions of underwater mortgages, in which the homeowner owes more than the home is now worth. As has been well reported, many are simply allowing banks to foreclose on their houses and filing Chapter 7 in the process, considered the quickest and most common of all bankruptcy, especially for allowing one to “walk away,” from looming debt.  Many are using recent tax returns to sweeten the deal, paying experienced attorneys to help them begin on a path to more a healthy financial future.

If you have been effected by the economy and are wondering how to get back on track, knowing a qualified bankruptcy attorney can also help you to conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond our own “Great Recession.”  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Tuesday, April 27, 2010 @ 10:22 am

The main thrust of 2005’s Bankruptcy Reform Act (unceremoniously known as “BARF”), is a bankruptcy deterrent called the “Means Test”—a formula for determining your ability to pay back your debts. Your inability to pass this test limits your options to filing a Chapter 13 bankruptcy plan, which still discharges your unsecured debt, but takes longer to complete.

With March 2010 figures yielding the highest number of reported Chapter 7 bankruptcies since 2005 (the year the “Means Test,” caused a dramatic reduction in bankruptcy cases), the efficacy of this apparent obstacle to Chapter 7 protections may be of particular interest to many considering personal bankruptcy. Just in time for your filing, here are few fast facts about the “Means Test,” and its actual effects (or lack thereof) on your ability to file for personal bankruptcy.

Means More of a Pain than Preventative
In actuality, unless you fail the so-called “Median Test”—a precursor to the Means Test—you probably won’t have to face the Means Test at all. If your income for the six months preceding your bankruptcy filing is less than the median income for your state, you’ve officially passed the so-called “median,” and thereby bypassed the Means Test altogether. Chances are, you probably are not even subject to the means test.

Dealing in Primarily Consumer Debts
According to the Bankruptcy Code, the Means Test applies only to debtors whose debts are “primarily consumer debts.” Based on the language of the Code, these specific debts include those incurred by an individual for personal, family, or household purchases; including mortgages, but not tax liabilities.

Even if you have a means test problem, an experienced bankruptcy attorney may be able to navigate the issues and get you passing with flying colors.
The justification for the Means Test is simple: it seeks to disallow people who earn more than the median income from simply discharging their debts through Chapter 7 if they can instead afford to be in a Chapter 13 payment plan. Applying these rules to your advantage is the job of your bankruptcy lawyer. In turn, your important role is to provide all of the necessary information your lawyer needs to make the appropriate calculations, including adding up forms of income like:

• Wages, salary, fees, commission, and bonuses
• Compensation for illnesses or injuries
• Gifts and inheritances
• Retirement Income (IRA, 401(k), etc.)
• Tax Refunds
• Scholarships
• Insurance Payments
• Prizes, Awards, Gifts
• Inheritances

Where There’s a Means, There’s a Way
In addition, there are loopholes to the Means Test. For example, you can time your bankruptcy filing so that your average income is as low as possible. So, if you’ve lost your job, an attorney may suggest you delay your filing so that your income for the past six months falls below the “Median,” and thereby bypassing the Means Test.

Whether you’re interested in Chapter 7 or Chapter 13 bankruptcy, knowing a qualified bankruptcy attorney can also help you to conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future beyond our own “Great Recession.”  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Sunday, March 28, 2010 @ 2:30 pm

For all the political uncertainties about health care reform, at least one thing seems clear: when President Obama signed landmark health care legislation into law this week, it marked real changes for Americans facing medical debt.

And, as such, these changes couldn’t come at a better time. Even amid surging unemployment and mortgages underwater, health care expenses have become the primary financial breaking point for millions of Americans. According to a Harvard study recently reported in the LA Times, medical bills played a role in 62% of personal bankruptcies filed in 2007,  up 7% from 2001. Most striking, a vast majority (78%) of these Chapter 7 filers actually had health insurance.

As a result, the Obama Administration is banking on a plan that extends health insurance to 32 million uninsured Americans in order to protect more people from becoming medically bankrupt in several ways:

First, parts of the plan will end co-pays for preventative health services like physicals or mammograms, making it easier and less expensive to ward off injury and illness in the long-run.

Second, other aspects of the plan prohibit lifetime and annual restrictions on benefits, providing unlimited, or, at least, less limited access to cheaper health care when and where you need it.

Third, large businesses are required to insure their employees or face possible fines until they do so.  This added employer coverage may protect many Americans from the perils of being uninsured, including unexpected and acute maladies that can have lasting physical effects and financially devastating consequences for employees and the businesses that rely on them.

Fourth, the legislation will mandate that all Americans citizens have health insurance or they will be forced to pay penalty fees. While this comes as an economic imposition to some, the requirement means that not only will the insured help pay for the new plan, keeping the reforms “budget-neutral” in an already damaged economy, but also this type of comprehensive buy-in can also keep costs down for all Americans—and help keep bankruptcy at bay.

Fifth, children are no longer dropped from their parents’ plans at age 19 or at the end of college. These parental health benefits are now extended until the child’s 27^th birthday; covering even more young adults and preventing medical bills from taking young people to the financial brink in an especially unfriendly job market for recent grads.

Finally, with these reforms, insurance companies can no longer use preexisting conditions to deny individual coverage or charge higher rates based on preexisting conditions, gender, or other formerly exacerbating factors.

Even though many of these reforms will take years to roll out, fortunately, the latter two reforms will go into effect this year.

And while many Republicans argue that this legislation will mean higher taxes for the wealthiest Americans, the plan is being touted as a framework for universal health care in America, giving all citizens a fair shot at avoiding insolvency due to medical matters.

Unfortunately, disease, illness and other health problems can occur suddenly and may not wait for reforms to go into effect. Regardless, health insurance is no guarantee that injuries or illness won’t turn into a bracing financial burden.

If you are suffering from illness, injury and out of control debt, and considering filing a medical-related bankruptcy, it is important to understand that medical bills are considered unsecured debt and can be discharged entirely under Chapter 7 and Chapter 13. Bankruptcy may be just what you need to help you get back on your financial feet again.

The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button and let these experts smoke out your next best financial steps.

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Published Sunday, March 7, 2010 @ 8:10 am

Before you begin the bankruptcy process, it’s important to understand a few helpful hints to make it a more painless process:

(1) Remember: You are not Alone.
Maybe you think of bankruptcy as something for “other people.” But the days of bankruptcy as a means of financial respite for the perpetually poor are no more: everyone from the solidly middle class to formerly wealthy Americans are being forced into bankruptcy more than ever before. Because of steady declines in real estate values, and rises in health care costs, credit card interest and unemployment in all sectors, more than 8% of bankruptcy filings in 2009 came from people who made over $60,000. So, begin by dispensing with any preconceived ideas of bankruptcy in lieu of a successful strategy for setting off on a sound path to personal financial freedom.

(2) Personal Bankruptcy Puts You in Control
While people who drown in debt remain at the mercy of their creditors, bankruptcy can actually be a better way to take control of your financial future. If you file for Chapter 13 bankruptcy, you play an integral role in determining how you’ll pay off your debt, including a trusty payment plan that works for you. Even Chapter 7 bankruptcy can buy precious time to halt creditor harassment, save money and plan your next best fiscal moves.

(3) Bankruptcy Can Be a Key to Better Credit
As counter-intuitive as it may seem, bankruptcy could potentially improve your credit scores in the long run. Obviously, the immediate effect of bankruptcy is a lowering of your credit scores. However, filing can be the better option for your long-term credit than enduring late payments on credit cards for years in an attempt to stave off what is more than likely inevitable: default. Because some 35% of your credit score is based on your payment past, it is vital to your financial future to avoid missed payments and establish new credit as soon, and as much, as possible. Even though bankruptcy stays on your credit report for 7 to 10 years, it does not necessarily follow that your credit score will be low for that entire time. If you take steps to rebuild after your bankruptcy, your FICO score can quickly be restored to where it was prior to your filing.

(4) With Bankruptcy, Timing is, in Fact, Everything
When you’re facing insolvency, timing can be especially important. And that’s also the reason it’s the best time to talk to a qualified bankruptcy lawyer. But just because you’ve consulted a lawyer does not necessary mean that bankruptcy is the next step. While it’s hard to believe, it is sometimes your best move to hold off on your filing until the worst of your financial situation is over. For example, if you are facing impending medical costs, you may want to wait to file until you’ve recovered fully before filing for bankruptcy, simply to avoid accruing more medical expenses during the process. In the alternative, some situations demand that you file sooner than later, such as if your car’s been repossessed and you need it back immediately. As a result, consulting a bankruptcy expert is your best bet to making your bankruptcy work for you.

(5) With Bankruptcy, You Never Have to Go it on Your Own
Bankruptcy isn’t a cakewalk, but you never have to go it alone. In fact, knowing a qualified bankruptcy attorney can also help you conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future. The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Tuesday, March 2, 2010 @ 10:09 am

Developed to slow the rate of Chapter 7 bankruptcy filings, the Means Test helps determine whether or not someone qualifies to file Chapter 7, and in a Chapter 13 bankruptcy, to what extent you might be able to pay back some of your creditors. It’s become a very frustrating part of the bankruptcy process because it implies, “Hey, you just don’t want to pay your bills.”  Not only that, it also subjects filers to additional frustration, confusion and widens the gap between citizens and the law in place to protect them.

However, there are ways to overcome the restrictions and complications of the Means Test.  Of course, this is where the insight of an experienced bankruptcy attorney is especially beneficial, as it can take some time and expert handling.

Called “special circumstances,” a judge may grant you permission to file Chapter 7 in spite of failing the Means Test. (Failing, in this context, indicates that you have some ability to pay and that you would have to file under Chapter 13 and pay your monthly disposable income to your unsecured creditors through a Chapter 13 plan.)  If you are a member of the Armed Forces and a call to duty dramatically alters your income and there is no reasonable alternative money source, the results of the Means Test can be rendered non-applicable.

You can also be granted a special circumstance for a sudden, serious illness that will take you out of your job or further damage the economic viability of your family.  Job loss, in some cases, can lead to ability to file under the “special circumstance” exception to means test applicability.  However, the job loss would have to be sudden, proven legitimate (you can’t be found to have provoked it) and the income from that particular job itself would most likely have to had been the reason you failed the test.

There are other ways the results of the Means Test can be put aside. However, it is very important for you to understand that these are actual, legal strategies, not encouraged methods by which to circumvent the court. That’s called fraud, and you’ll be nailed for it.

The means test uses an average of your income over the six months prior to filing your case.  That being said, you have the ability to time your bankruptcy filing according to a period in time when your income will be at its lowest. If you know bankruptcy is on the horizon but can sustain a few months without employment, you can file down the road to ensure your last six months of income fall below the state median, which is a major factor in the Means Test.

Additionally, expert bankruptcy attorneys can advise you on a number of ways that you can reduce the amount you will have to pay through a Chapter 13 plan.  This is what bankruptcy professionals call “means test planning.”  Need health insurance? Purchasing a plan for you and your family before your bankruptcy is a good way to add expenses and reduce income. The code allows you to deduct what you pay for health insurance. The same applies for disability insurance.  Been wanting to put away more for retirement?  You can increase your 401(k) or 403(b) contributions through your employer and take the contributions as a deduction against your six-month average income in the means test.

You may not realize it, and in fact, they may be a reason for your having to file, but your rising mortgage and car payment may contribute to your passing the means test. Or, if you are expecting an increase in any of the interest rates on those loans, considering waiting until they kick-in to file.

The term “household” does not mean family. It means, quite literally, how many your “house holds.”  This means relatives, children who have moved back in after the backpacking trip around Europe and even that weird guy that rents the storage loft in the garage. And since the reform act in 2005 bases the median incomes for the means test on “household” and not family, the size of your household can have a serious impact in your favor.  The more people who live in a house, the higher the threshold of income required to qualify for the means test.

It can be scary thing, the means test. It literally changed the benefits of bankruptcy for thousands and thousands of Americans. If you are worried about it or just have additional questions, don’t hesitate to contact us.  We have helped over 40,000 North Carolina families through the process of bankruptcy and our attorneys know the means test inside and out.  Call The Law Offices of John T. Orcutt to schedule your FREE consultation at 1-800-899-1414.

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Published Sunday, February 28, 2010 @ 9:26 pm

Bankruptcy is one of the most important decisions you may ever have to make. It’s not a decision to take lightly, and our office understands that you and your family have a lot of questions. While many of the same laws apply to many cases, rarely is your financial situation the same as another person’s. We all have different reasons for needing to rely on the bankruptcy code and just about every reason is as justifiable as the next.

To assist you in the most direct and non-invasive method possible, we have created three communication vehicles by which you can begin to explore why bankruptcy may be your best way out from under an impending financial crisis.

1. First, you can arrange a face-to-face meeting with us. Our practice serves North Carolina residents in 30 of our 100 counties and we have offices in Raleigh, Durham, Wilson and Fayetteville.

We structure these meetings to be confidential and without obligation. That means you are not encouraged to file bankruptcy or beholden to us in any way. We feel that because financial stress can be such a difficult matter with which to cope, it is best for us to be there for people who have questions. Maybe you’re worried about a collection agency. Or your bank isn’t returning calls about a mortgage modification. Whatever the nature of your debt question, a one-on-one meeting in one of our four offices can help you get it answered.

And best of all, there is no charge for this meeting. The introduction of money to a meeting such as this would only apply undue pressure and in many cases, add to your debt load. That is not what we want.

if you feel a personal meeting is for you, call us at 1.800.899.1414.

2. Another way to get things started or to ask questions is over the phone. If you can’t make it to one of our offices or only have time on your lunch break, maybe a phone call is the best way.

We understand that those in serious debt often develop a mistrust of those who want to help, especially given the ubiquity of shady “credit doctors” and debt settlement programs. Too many people have lost a lot of money to these bogus outfits. Please understand, we’re here to help you get out of debt using the strength of federal bankruptcy law. If you don’t believe us, take a look at our client testimonials at http://www.billsbills.com/testimonials.php. Talk to us in person or over the phone. We’ve helped thousands of families get through the very same financial challenges you’re going through right now.

3. Lastly, you can reach us via the Web. Our site, www.billsbills.com, has an easy form, available here, that you can fill out for us to call you. If you choose too, you can add some basic information about your situation, which will help us get some questions answered before we speak and thus, help you make a decision quickly about the best way to proceed. It won’t take more than five minutes to complete.

Again, we know that making the decision to file for bankruptcy is a serious one that deserves a lot of research. Our goal is to help you clearly understand the nature of your debt and how it can best be settled. If you can think of some additional ways to engage us or have suggestions for us, please let us know.

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Published Tuesday, February 9, 2010 @ 6:39 pm

If you couldn’t tell by the utter onslaught of tax preparation service ads and the sudden presence of temporary cubicles in that once abandoned retail space at the corner of your favorite strip mall, let us be the first to remind you that it’s tax season.

We take interest in this time of year because tax returns can mean one of two things to our readers: more debt or more money. Since we are all about helping you figure out what to do with your debt, we hope this post will educate you regarding what tax season can mean for your financial well-being.

There are number of tax deductions out there that get ignored by a lot of families. Worse yet, they are not even addressed by many of the “come-and-go” tax return preparation services out there. On that note, we encourage you to take caution when deciding who to work with if you are not someone who handles returns on your own. We should also point out that there is good reason to hire someone to help with your tax returns, primarily to alleviate stress and ensure they get done correctly.

That being said, make sure that the person you hire is an actual financial professional, not someone who was just trained to punch data into a computer program. Ask friends or co-workers if they can recommend a reliable Certified Public Accountant that has a tax service. Yes, it will cost you more money, but not that much more.

If you have no choice but to use a temporary tax shop, ask for the most senior member of the team. Many of these operations do have supervisors on staff with actual accounting and tax experience. Remind them that there are countless shops just like theirs that would prefer your business to encourage the top person to give you appropriate attention.

To further ensure you are getting the service you deserve, remind your tax preparer about the most often missed tax deductions. An article on MSNBC.com highlighted seven of them, which do require you to itemize:

• Home ownership deductions can include mortgage interest, property taxes, fees involving the sale of your home and agent commissions.
• In North Carolina, the personal property tax you pay on your car each year can also be a deduction.
• Always hang on to your receipts for charitable donations, even the bags of clothes you gave to Goodwill. When any charity asks you if you want a receipt, say yes.
• Did you know you can deduct mileage expenses if you use your own car in a charitable effort? You can. Go back and write down when you did and even keep receipts for bus trips to the location of your volunteering. Parking fees and other tolls count, too.
• If you had to travel for work, keep track of any dry cleaning and laundering receipts for clothes you needed on behalf of the company. This only counts if you are required to look the part and don’t try it with the torn jeans you wear on the flight.
• Also related to business travel are the costs of shipping materials or paying for your baggage, which many airlines now require. So hang on to those receipts as well.
• Other miscellaneous deductions related to work include costs for faxes, Internet access or hotel phone calls.  You may also be able to deduct moving expenses. Make sure you provide good proof that the costs you incurred are directly related to the available deduction category.

We would hate to see your tax bills become the reason you have to file bankruptcy.   However, if you have been stuck with a large tax bill from the past, or if you anticipate owing taxes that you can’t pay all at once, you should consider bankruptcy as an option to either discharge taxes eligible for discharge or pay certain taxes that can’t be discharged over a period of several years through a Chapter 13 plan.   If you have any questions about how tax bills are handled in Chapter 7 or Chapter 13 bankruptcy, give us a call, we’ll be glad to help.  Call 1-800-899-1414 to schedule a FREE consultation with an experienced bankruptcy attorney at the Law Offices of John T. Orcutt.

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Published Sunday, February 7, 2010 @ 7:43 am

Facing foreclosure.

Escalating medical costs.

High interest credit crunch.

Rising unemployment.

And that’s just January 2010.

While times are admittedly tough for everyone—with the poor getting poorer and even the recently rich and famous falling on hard times—a truly unique phenomenon of the recent global recession and continual economic downturn is how catastrophic it’s been for our country’s middle class, driving many in the majority further and “further from the American Dream” and, in some cases, “directly into poverty.”

As The Huffington Post reported this week in Laura Bassett’s insightful article “Middle Class No More, Families Struggle to Fight off Homelessness,” those in power are not blind to the desperate bind of average Americans: “President Obama, in his remarks to Senate Democrats on [February 3], pointed out that the middle class was hurting even before the recession. ‘Part of the reason people are feeling anxious right now, it’s not just because of this current crisis — they’ve been going through this for 10 years. They’ve been working and not seeing a raise. Their costs have been going up, their spouses going to the workforce — they work as hard as they can. They’re barely keeping their heads above water. They’re trying to figure out how to retire. They’re seeing more and more of their costs on health care dumped in their lap. College tuition skyrockets….They are more and more vulnerable, and they have been for the last decade, treading water.’”

As part of Huff Post’s Bearing Witness 2.0 project, the online aggregator has culled a host of local stories of formerly middle-class folks who are now “struggling to stay afloat.” If you or someone you know is similarly situated, you’re encouraged to e-mail your story.

One such troubling tale is that of construction worker Troy Renault who, along with his wife and five children, has been forced from their 1900 square foot home in Lebanon, Tennesse into a donated 215 square foot trailer nestled in a local campgrounds. The cause of their “slide into homelessness?” Renault lost his job two years ago and the family was forced to make difficult choices. As Renault told Mike Osborne for Voice of America News, “You wind up starting to think to yourself, ‘Okay. Do we go ahead and make the house payment and keep a roof over our head but have no lights and no water, or do you go ahead and keep those utilities on and forego the house payment, and hope that you can get it caught up?’ And it just kept going where it got further and further behind until we wound up losing the home.” Osborne writes: “Tammy Renault says her family is getting a crash course in what it means, socially, to be labeled homeless. ‘It’s being called names. It’s being ridiculed. It’s running into people that have seen you in your highest and are not even speaking to you anymore because they’re too afraid for where you are and don’t know what to say.’

Stories like the Renault’s are made more difficult with the onset of winter, as many former middle class citizens, and now, newly disenfranchised, are forced to make decisions of life or death.  As Steve Neavling reports in the Detroit Free Press, Michigan area middle classers can barely afford heating bills that would keep their families warm in another brutal Midwest winter. “Unemployed and unable to find work, 42-year-old Jim Lowe received a shutoff notice at his home last week and says he’s unable to pay the $174 that’s overdue. ‘It’s definitely a wake-up call,’ Lowe told Neavling. ‘We’re three months behind on all of our bills. I just pray this gets better soon.’ State and local agencies estimate an unprecedented 150,000 metro Detroiters are at risk of having their heat shut off if they don’t receive help paying their bills. The number of people seeking state assistance so far this winter jumped 30% over last year at this time, according to the state Department of Human Services.”

And yet while unemployment, arrears in a mortgage, and other unexpected challenges for members of the middle class may be life-altering, they need not be life-threatening. Bankruptcy provides, in the form of Chapter 13 and Chapter 7,  an undeniable array of options for those with mounting debt and facing foreclosure.

The key is knowing who can help. A qualified bankruptcy attorney can assist proud, but struggling, citizens to conquer their fears of losing it all.  Specifically, the bankruptcy attorneys at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button. We’re here to help.

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Published Tuesday, February 2, 2010 @ 2:30 pm

Many of our clients automatically assume they will lose their rental property if they file for bankruptcy. Isn’t that the whole idea of bankruptcy? That you give up everything you have, with a few exceptions, in exchange for getting the debt collectors off your back?

Well, no. Many factors come in to play in determining whether or not you will be forced to sell your rental property, including whether you file chapter 7 or chapter 13, how much money you owe on the property and how much income you receive from it.

Let’s start with chapter 7. If you file chapter 7, you get an exemption for the equity in your primary residence – how much depends on the state you live in – but rental property doesn’t qualify for the standard residence exemption. Therefore, you will only be able to protect the property from sale if you can cover it under your available wildcard exemption. The North Carolina wildcard exemption is $5,000.00 per filer- not much. However, your state may have additional protections if you own the property jointly with your spouse. In North Carolina, if you own the property jointly with your spouse, the property is only subject to claims of joint creditors. If all of your debt is in the name of one spouse or the other, the property may be protected- regardless of the amount of equity. Talk to a experienced bankruptcy attorney, who can examine how you hold title and if you have any joint debt.

But what if you don’t have any equity in the house, or minimal equity? What if, for example, the house is worth $100,000 and you owe $120,000, or even $99,000? The trustee’s job is to determine whether or not there is money for your creditors, not to take away everything that belongs to you. He will determine the property’s worth, then subtract the projected sales costs, selling it and paying taxes on the proceeds. If it’s not worth the trustee’s time and effort, it’s unlikely that he will try to sell it.

With Chapter 13, there are additional caveats and concerns. In general, you should be able to keep your rental property in a Chapter 13 filing. In fact, since the rental property is not your primary residence, you might be eligible for cramdown under chapter 13 – meaning that if you owe more than the property is worth, the bankruptcy judge is able to alter the terms of the mortgage to reflect the property’s current value rather than the amount you originally agreed to pay for it. This could lower your monthly mortgage payments, as well as the long term amount you have to pay to the bank for the property. Cramdown isn’t allowed on primary residences, but it is allowed on other secured debts, including rental property.

Do note, however, that rental property can, under certain circumstances, cost you money. The trustee in a Chapter 13 case will look at all the costs associated with the property – your mortgage payments, plus taxes, insurance, upkeep and repairs. If these costs outweigh the income the property brings in, the trustee may object to your plan on the basis that the money you’re spending on the property should be distributed to your unsecured creditors. In such a case, surrendering the property may be your best option. However, this is a very fact-sensitive issue and depends on how your jurisdiction interprets very complex provisions of the bankruptcy code. Only an experienced bankruptcy attorney can advise you on your specific situation. Bottom line- if you’re deeply in debt, talk to a bankruptcy attorney and get the real facts. In North Carolina, call the Law Offices of John T. Orcutt. Convenient office locations in Raleigh, Durham, Wilson and Fayetteville. Call today: 1-800-899-1414 or visit www.billsbills.com for more information.

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Published Tuesday, February 2, 2010 @ 7:49 am

The Triangle is a well-known national business center. With major universities driving innovation and a healthy collection of global technology and pharmaceutical companies touching all of its borders, history tends to be on our side in times of financial worry. Our area is known for entering recessions late and coming out of them sooner.

However, all those big companies, six-figure jobs and our collective entrepreneurial spirit has not done much to curb the rate of bankruptcies in Wake County, the heart of the Triangle.

The Triangle Business Journal reported recently that in 2009, Wake County bankruptcies grew by almost 37 percent during the last year. The total number of filings, both personal and business, is now at its highest level since 2005, when scores of Americans filed in order to avoid strict legislative changes that added a significant number of legal hurdles to the bankruptcy code.

In October alone of that record year, 1,210 bankruptcy filings went on record in Wake County. The total for 2005 was still significantly higher than 2009′s, coming in at 4,036.

The United States Bankruptcy Court for the Eastern District of the state, which counts all areas from Wake County to the coast, reported 2,961 Wake County bankruptcies for 2009. The year prior tallied 2,170. For the entire district, the court reported 11,592 bankruptcies. A little more than half were individual Chapter 13 cases and Chapter 7 filings totaled 4,532.

There were 142 Chapter 11 business reorganization cases. Chapter 12 bankruptcy, a section of the bankruptcy code pertaining to family fishing and farming businesses, saw only five cases.

In Wake County, where growth has always been a concern, the housing market drove a number of current personal and business financial collapses. Developers, appraisal companies, real estate agents, contractors and mortgage brokers were all deeply affected by the reach of the real estate crash. Many neighborhoods around Wake County remain unfinished, showcasing empty cul-de-sacs with “available lot” signs barely visible through knee-high weed creep and vacant streets that lead to long-settled dirt mounds.

The real estate industry has seen a culling of sales professionals like never before. Many Triangle-area professionals who switched careers to latch on to the real estate sales train found themselves catching it right as the market dropped into a seemingly bottomless valley of recession.

Chief Judge of the Eastern District court, Randy Doub, attributes the rise in part to the housing industry. “Much of it is related to the downturn in the home-building industry. The trend in the filings is upward.”

Wake County, which includes Raleigh, is not the only component of the Triangle that experienced a dramatic rise in 2009 bankruptcies. Durham and Orange, which are blanketed by the Middle District, saw increases of 20.5 percent and 44 percent, respectively. Orange County includes the towns of Chapel Hill and Hillsborough.

The numbers are scary. Being on the front lines, we can clearly see that for many of Americans, not much has changed since the recession began. Jobs simply are not coming back fast enough. The more fearsome revelation is that many positions will never come back; instead, they will remain forever lost in the debris of a shattered U.S. economy.

If you’re one of the many North Carolina residents struggling to find your financial footing, you need to speak with a qualified bankruptcy attorney. Call the Law Offices of John T. Orcutt for your completely free, no-obligation debt consultation. 1-800-899-1414 or visit www.billsbills.com. Convenient offices in Raleigh, Durham, Fayetteville and Wilson.

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Published Monday, February 1, 2010 @ 4:46 pm

You may have read on the blog, or elsewhere, that many are calling our current economy a “middle class recession.” This is because the numbers are way up on bankruptcies filed by those who make more than $60,000 per year, up 6.9 percent from 2008. Bankruptcies on the whole are up 36.5 percent from this time last year.

So why does it matter how much money a person makes when filing bankruptcy? Well, because bankruptcy is often considered an escape route for the financially unreliable or worse yet, “something poor people do.” It’s just not true.

Today, bankruptcies are increasing among people in the real estate profession, namely developers and agents. When the housing bubble dissolved, so did the incomes for a lot of American families.

There are different types, or “chapters” of bankruptcy for a reason. Basically, some versions are better suited to different situations. Chapter 7, for example, is typically filed by those who may have lost a job or for some reason may not have regular source of income. It wipes out all debts, but also mandates a person dispose of their “non-exempt assets” as a way to repay creditors to whatever extent possible. If you have equity in property beyond available exemption limitations, you may have a “non-exempt asset”.  Many states’ exemptions, as well as the federal exemptions, provide some measure of protection for everything from your home to retirement accounts. It is not often the case that a family has assets beyond what available exemptions can protect.  Even if available exemptions do not cover all of a person’s property, Chapter 13 provides a way to pay the equity above available exemptions to unsecured creditors, so that a person may keep his property, if he can afford to do so.

For those who are still earning a living or at least have a source of money, Chapter 13 creates a three- to five-year payment plan. Your plan payment will largely consist of secured debt, like your car and mortgage payments. Because the plan payment can include your attorney fees, Chapter 13 is an attractive option if you do not have enough up-front money for Chapter 7 attorney fees.

Maybe you’re giving some thought to a debt-settlement firm instead of bankruptcy. Sure, it’s natural for you to want to negotiate your way out of debt. Unfortunately, many of these companies position themselves as an alternative to bankruptcy that will save your credit. More often, however, these debt settlement companies end up doing far more damage to your credit than if you had simply filed for bankruptcy from the start. Remember, just because you’re in a “debt-settlement” program, your creditors will continue to report your missed payments to the credit bureaus. A bankruptcy, while causing an initial hit to your credit score, will stop the negative reporting and allow you to rebuild your credit score faster.

Bankruptcy is an organized, legal process with pre-defined results. Debt settlement firms function under very little regulation and ask for payments before all the debts are settled, therefore the incentive to settle the debt is not as strong as if they were paid based on results or after everything is taken care of.  Thus, your “debt settlement” is by no means guaranteed.

And one more point on debt settlement agencies: the IRS considers forgiven debt as taxable income. In contrast, debt erased as part of a bankruptcy is not taxable.

Another important point about bankruptcy has to do with timing. It’s key that you don’t file too early or wait too long. Start by simply adding up what you owe and making a simple estimate on what it would take to pay it off yourself. If the discrepancy seems impossible to make up, or would force you to sacrifice your family’s needs just to make a dent in your debt load, then consult an experienced consumer bankruptcy attorney.

On the other hand, don’t wait until the car has been repossessed or the foreclosure notices start arriving. Use your head, remain calm, and speak with an attorney. The bankruptcy concept itself is fairly straightforward.  The process however, requires a good deal of legal expertise.  Engage it wisely.  Take time to understand the basics of filing.

From the Law Offices of John T. Orcutt.  Helping families through bankruptcy since 1995. Call today to set up a free initial debt consultation in one of our 4 convenient office locations. Raleigh, Durham, Fayetteville and Wilson.

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Published Monday, February 1, 2010 @ 4:15 pm

Can your landlord evict you if you declare bankruptcy? That depends on the circumstances. If you’re not behind on your rent, your landlord may never have to know about your bankruptcy. As long as you keep paying your rent, it’s not really his business. A landlord can’t evict you just because you filed for bankruptcy.

If you are behind on your rent, however, the landlord is in a different position. If he’s already completed the proceedings for eviction, the landlord can proceed to evict you, despite the bankruptcy. Some states do not allow you to challenge this procedure. In states where you can challenge it, the proceedings are fairly onerous: you must file a paper stating that state law gives you the right to tenancy if you pay all the back rent, and immediately pay any current rent that is due. Then you have 30 days to pay all the back rent that you owe. If you don’t comply with these regulations, then eviction proceedings can continue. Note, too, that this doesn’t apply in the event that the owner can prove you’ve been doing drugs on his property or damaging it.

If the owner hasn’t yet filed for eviction, you’re in a much stronger position. Once you file for bankruptcy, the court imposes an automatic stay, which prevents the landlord from evicting you. The landlord can, however, apply to the court to lift the stay. In this case, eviction proceedings could begin in 2-4 weeks. You can use that time to look for a new place. Also, remember your rights during this time: the landlord cannot lock you out or remove your property until he gets a court order; he can’t barge in and he can’t threaten you. The sheriff can serve eviction papers, but she can’t arrest you.

If the landlord doesn’t apply to the lift the stay, you will have the length of the bankruptcy proceedings before eviction proceedings resume. Once again, we have the 2005 bankruptcy law to thank for this tilt of the law in favor of the creditor against the debtor. The law specifically allows for a ‘fast track’ proceeding to make evictions easier during bankruptcy.

Note, however, that filing for bankruptcy can still be helpful if you’re behind in your rent. If you owe back rent, that is included as a part of your unsecured debt – to be discharged in a Chapter 7 bankruptcy, or paid out over time or partially or fully discharged in a Chapter 13 filing.  Any rent that comes due after you file for bankruptcy won’t be included in the petition, however, and you will remain responsible for it.

As a final point, there are a few rare cases where your landlord might become involved in your bankruptcy even if you’re current on the rent. If you paid a rent deposit when you moved in, you have to list it as an asset. Unless it’s an extremely large security deposit, however, it’s most likely exempt and the trustee won’t bother with it. In addition, if you’ve filed for Chapter 13 bankruptcy, the trustee will examine your lease. Most likely he will approve it; moving is expensive and it’s not in your creditor’s interest to have you shelling out money to find and move to a new place. You’d only be forced to move in the unlikely event that you’re paying way over market value for your apartment and there are an abundance of cheap places available.

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Published Monday, February 1, 2010 @ 10:48 am

The decision to file for bankruptcy is never an easy one, especially where married couples are involved. Spouses must settle issues of dishonesty, mistrust, and frustration–and that’s even before any of the complex steps of collecting necessary documents and filing papers.

But the story for insolvent couples does have a caveat: joint bankruptcy protection. Married debtors can file their cases jointly with one trustee, one filing fee, and one total case. Debtors can bring to the table their joint debts as well as debts they hold only in their name. To be a joint case, the debtors need only be legally married.  And they must be a man and a woman.

Sounds simple right?

Well, for thousands of individuals living in America today, the latter designation raises difficult questions—especially in the growing number of states that recognize same-sex marriage or its legal equivalent (“civil unions”). Yet, as the constitutionality of laws and amendments forbidding marriage equality continue to be litigated across the country, same-sex debtors seeking bankruptcy relief  face even tougher challenges.

Because it is generally accepted that the Defense of Marriage Act (“DOMA”) would preclude the filing of a joint bankruptcy petition by a same sex married couple, these folks face two very different options: (1) make two separate bankruptcy filings, or (2) pursue the right to seek bankruptcy relief as would an opposite-sex married couple. 

While the second option would be a precedent-setting endeavor, fulfilling the true meaning of marriage equality, in reality pursuing this groundbreaking goal is largely antithetical to the larger motivations of most bankruptcy bound individuals, gay or straight: getting out of debt.

In practice, a married same-sex couple will need, more than their heterosexual counterparts, the assistance of a qualified bankruptcy attorney to pull together all of their required financial information;  ensure that it is complete and their disclosures accurate; and research and prepare a case that anticipates a variety of motions attacking the joint filing. Regardless of what “party-in-interest” files the case (as defined by the Bankruptcy Code and common law), the filing will likely be challenged, even before a judge reaches such substantive issues as income, assets, liabilities, and creditors.

In this case, like others for same-sex couples seeking right-giving precedents, while the Bankruptcy Code provides one standard, constitutional arguments will inevitably reveal others that need to be briefed and raised.  Same-sex couples must expect that any decision in their favor will be appealed, perhaps more than once to a US District Court, a Bankruptcy Appellate Panel, a Circuit Court of Appeals, or maybe even the Supreme Court of the United States.  For debtors, this type legal wrangling adds ,ore time, more fees and inevitably more stress to what is undoubtedly an already nerve-racking situation.

As a result, for a married same-sex couple facing the need to file bankruptcy, the next steps can mark a tough decision: file singly or fight the system; seek your family’s financial security or a denigrated group’s fundamental rights; moving forward for your family or moving your family forward.  In the end, changing the current state of the law will take either an act of Congress or one or more very brave and very patient married same-sex couples who find themselves drowning in debt and who–in spite of these debts—also feel empowered to fight the good fight.

The state of marriage equality is not yet where it should be in the United States, and this seriously affects the legal rights of same-sex families.  But until the law changes, same-sex couples need expertise in the handling of their cases.

If you live in North Carolina where same-sex marriage is not legal, but are still considering bankruptcy, the bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Sunday, January 31, 2010 @ 6:04 pm

I’ve never known a person who believed that declaring bankruptcy was an easy solution to their problems. I have never heard anyone suggest that bankruptcy should be used as a tool to intentionally shaft creditors out of spite, or to gain power. Nor have I come across anyone who garnered some sort of perverse pleasure in leaving legitimate creditors, be they large companies or individuals, to twist in the wind.

What I have seen is honest, hardworking people from all walks of life: young, middle aged, or nearing retirement age, who stay trapped and buried under a mountain of debt out of a sense of honor and duty to repay it, even with very little prospect for doing so. These people cannot progress in their lives. Their families are strained, their health is often compromised. They have no choices in their lives because of the debt and they are, in effect, slaves to it. Many may slave for years.

These are people who believe declaring bankruptcy is morally wrong. Who do everything in their power to pay their bills and take care of their families.

Until one day, something happens to make it impossible for them to continue to serve the debt. Sometimes a new crisis occurs, such as the loss of a job, a health problem, an elderly parent needing help, a natural disaster, or other calamity. In some cases, that event is the creditor’s demanding higher interest rates, fees, or minimum payment amounts, despite a person’s diligence and timeliness in making their monthly payment, which pushes the debtor to the breaking point.

Any number of things could become the “straw that breaks the camel’s back” which eventually lands the debtor in a bankruptcy attorney’s office feeling defeated and humiliated.

How did bankruptcy become an issue of morality? Well, most US citizens are Christian or have hailed from a Christian, or other strong religious tradition, which teaches a high regard honesty and integrity in one’s dealings with others. The Psalm 37:21 seems to make a pretty blunt case against the morality of the bankruptcy option: “The wicked borroweth, and payeth not again” (Psalm 37:21). Pretty strong deterrent for the faithful, wouldn’t you say?

But what of the idea of being enslaved by debt? Is this any more morally correct? Especially when creditors have had free reign to pile on additional fees and ever increasing interest rates for so long.

Returning to scriptural reference, the writers of the Old Testament recognized and warned against the imbalance of power between a creditor who has it, and debtor, who doesn’t. Deuteronomy 15:1-11 enacted what is essentially the first bankruptcy law. It states that at the end of every seven years, debtors must cancel debts. In 1800, Congress used this as the basis for the first bankruptcy statutes when it said that a person can file bankruptcy every seven years.

Modern bankruptcy laws propose to alleviate the imbalance of power between the debtor and creditor by sheltering debtors and their families through a series of protections, including the discharge of debts and the ability to exempt certain property from creditors.

Bankruptcy does not forgive debt. It grants a discharge to the honest but unfortunate debtor. There is a significant moral difference. A discharge simply prevents a creditor from enforcing the debt against the debtor, as in a forceful taking of the debtor’s property. There is no proscription against a debtor repaying a debt that has been discharged in bankruptcy if he becomes able to do so later.

It is unfortunate that the issue of debt forgiveness is still morally suspect. This brings about difficult policy as well as personal conflicts that are not easily resolved. Scripture does make it clear that a creditor, who is likely in a more powerful position than his debtor, should do everything possible to keep from embarrassing or crippling his debtor, including forgiving the debt. For those uncomfortable about resolving issues scripturally, the question could be settled another way, by asking: as a society, what benefit do we receive when large segments of the population are enslaved to smaller, but more powerful ones?

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Published Sunday, January 31, 2010 @ 7:38 am

There is so much we do not know about the things that put us into debt. From credit card fine print to car lease agreements and as the last few years have demonstrated, even the most basic facts about our home loans.

To anyone with the ability to fog a glass, it is more than evident that our collective ignorance on these matters is precisely what causes our country to carry so much personal debt. And despite the government’s best effort, whether in credit card reform or mortgage assistance programs, the only way to solve our financial problems is for the American consumer to educate itself as to the practices, jargon and bureaucracy that obfuscate the critical, debt-inducing rules of credit and loan products.

However, education, specifically student loans, is one of the things helping to add weight to America’s debt anchor. They have caused countless bankruptcies and yet remain a non-dischargeable debt under Chapters 7 and 13 unless you can prove that paying them will cause a substantial hardship on your family. As if the bankruptcy itself was not enough hardship.

Those in the student loan profit circle are hesitant to ever address the debt issue in public, despite it’s prevalence on so many household balance sheets.

In a Wall Street Journal column, an expert on the student loan debt problem cited a 2003 report by the Department of Education with some staggering statistics. It stated that default rates for loans that cover 4-year, 2-year and for profit colleges are 25 percent, 35 percent and 45 percent. In simpler terms, around one in three students default on the loans they accepted to pay for education.

Not sinking in yet? Try this: the student loan default rate is higher than credit cards, sub-prime mortgages and even over the counter payday loans. Yet, the issue is never introduced or addressed in Washington circles, even in the midst of today’s middle class stabilization efforts.

Even though the Department of Education (DOE) created and published the report demonstrating the nation’s difficulty in repaying student loans, it later boasted complete confidence in a full return on every loan it issues plus a 20 percent boost in interest and fees on forbearance, adjustments and default penalties.

Now, mix in organizations like Sallie Mae, who buy, issue and oversee billions in student loans and also own collection companies to track down those who can’t pay, and it’s easy to understand just how much money is being made on the back-end of our college diplomas.

The higher-ups in Washington are in on it too, as a number of very common consumer protections that apply to most loan vehicles, such as the bankruptcy code and truth in lending requirements simply can’t be found in the fine print of your student loan. Thus, the DOE is the lone source of control when it comes to student loans, wielding powers over your wallet and financial stability like no other wing of our democracy.

And it’s only going to get worse.

Reuters is reporting that the rate of student loan growth in the last two years is close to setting records, jumping 29 percent. In total, there are now close to 69 million student loan accounts open in the United States. This is primarily because the recession has put so many people back into the classroom to refresh job skills, obtain additional degrees or change careers. Additionally, with so many parents out of work, more children have to apply for loans to cover their schooling.

In total, the country now owes close to $527 billion in student loans. And just about every penny of it will be repaid. Plus interest.

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Published Saturday, January 30, 2010 @ 12:36 pm

Another company bites the dust, as the economic downturn takes its latest–and one of few– entertainment victims.

Air America Media ended its live programming operations this week. The company touted as the “only full-time progressive voice in the mainstream broadcast world” acknowledged its Chapter 7 bankruptcy filing in its final broadcast:

It is with the greatest regret, on behalf of our Board, that we must announce that Air America Media is ceasing its live programming operations as of this afternoon, and that the Company will file soon under Chapter 7 of the Bankruptcy Code to carry out an orderly winding-down of the business.

Thank you.

The moral of this radio story?  In tough economic times, bankruptcy affects the best and brightest of us.  It is essential to understand that bankruptcy can work for you…and isn’t a failure… but the possible key to a stronger and more productive financial future. For more information on finding a smooth transition to the next step through bankruptcy visit the experienced bankruptcy lawyers of The Law Offices of John T. Orcutt.

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Published Monday, January 25, 2010 @ 6:33 pm

It’s tax season. Which means that for most people, it’s time to realize just how much we give to Uncle Sam every year. For some, the prospect of a refund provides a glimmer of hope that some new money is coming in soon to pay off debts.

Just a quick little note on your tax dollars before we get into the meat of this post: it is actually better to owe just a little bit of money after filing because that means that you have used more of our your own money throughout the year instead of giving it all to the government. Sure, a nice windfall come April is a nice thing. But keep in mind that it’s your money—you’re just getting it later. And, when it comes to investing, “money now” is always better than “money later.”

Because it’s tax season, we thought it important to discuss how taxes and personal bankruptcy can relate to one another. It is possible to use bankruptcy as a way to get rid of large, outstanding tax obligations but it’s not as easy as discharging a few grand in credit card debt.

Chapter 13 bankruptcy in most cases requires you to pay back what’s owed within your monthly payment plan and Chapter 7 rarely allows for the complete expulsion of your tax debts. (If you’re not sure of the differences between Chapters 13 and 7, simply do a search on our blog for each.)

There are, however, some precedents set for removing tax obligations as part of a bankruptcy. Although we encourage you to understand that it is a complicated process and the results are not always what you may be hoping for.

(Understand this post is only scratching the surface. Only in person can we provide a full breakdown of taxes and bankruptcy.)

One reason tax debt and bankruptcy tend to get tangled is that past due taxes can fall into all three categories of debt type: Dischargeable, Nondischargebale priority debts, and Nondischargeable priority debts.

Provided you filed your taxes on time, legally and provide no evidence of tax evasion other than legitimately being unable to pay, you can discharge tax debt in Chapter 7 and 13. Still, what’s owed must be more than three years late and assessed more than 240 days before you file. That means that you were officially declared late and in debt that many days before you filed. This ensures the IRS that you are not declaring just to get rid of a recent tax debt.

BUT (you knew there was one), that 240 day window starts only after the last extension expires, not when the original debt was assessed. Other impediments to that three year time-frame include a 90-day addition if a previous bankruptcy case of yours was still open while you were assessed the tax debt; the addition of any time the IRS was prevented from collecting as a result of a court ordered due process hearing plus an additional 90 days; and any time that a debt assistance professional formally asked the IRS to temporarily halt collection efforts.

Basically, any effort you make to delay the collection of tax debt, even if perfectly legal, counts against your ability to discharge tax debt in a bankruptcy.

The key to bankruptcy and taxes, like all things in life really, is to be completely honest and upfront. Any attempt to hide or even coyly plead ignorance will be considered an attempt to obscure or defraud the court and even worse, the IRS. Not being able to pay your taxes, especially after a mid-year job loss, is a common thing. Don’t make it worse.

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Published Monday, January 25, 2010 @ 8:41 am

Part of understanding bankruptcy is knowing who the professionals are that you will meet and deal with along the way. From your attorney to even your creditors, it helps provide a solid foundation of comfort to actually understand the role of those who are playing a role in your financial future.

One of those individuals is the case Trustee, the most prominent member of the bankruptcy process. And, the involvement you have with the case trustee depends on which chapter of bankruptcy you are filing.

As you may know, the 2 main “chapters” are 7 and 13. Well over 95% of all bankruptcy cases filed are filed under Chapter 7 or Chapter 13.

Let’s start by talking about the Chapter 7 trustee.

In every district in the country, there are 1 or more attorneys who have been appointed to act as a Chapter 7 Trustee. These Trustees are also sometimes called panel Trustees. When you file a Chapter 7 bankruptcy, one of these panel Trustees is assigned to your case.

The best way to think of this person is as an intermediary between you and the Court, an attorney whose job it is to make sure you have told the truth, the truth and nothing but the truth, to make sure that you have disclosed everything you are legally obligated to disclose, and to find and sell any ‘assets above exemptions’.

Fortunately, in our experience, in about 98% of Chapter 7 cases filed, there are no ‘assets above exemptions’ to sell. What does this mean for you? Just that if you file Chapter 7, there is very little chance you will lose any property you don’t want to lose.

As long as you have told the truth, disclosed everything, cooperate, and have no assets that cannot be protected by available ‘exemptions’, your contact with the Trustee should be a positive one.

However, the best approach is to assume that the Trustee assigned to your case is not your friend, so that you stay cautious and alert.

In most cases, you are first introduced to the trustee at your 341 meeting, also known as the “Meeting of Creditors”. Technically speaking, this meeting is held to provide your creditor an opportunity (in most cases, one last opportunity) to ask you questions. However, most of the time, none of the creditors show up, and then, it’s just you, your attorney and the Trustee. At this meeting the Trustee will ask you questions necessary to get to know you and your case better and necessary for the Trustee to carry out his or her duties. (There a number of posts here on the blog about this meeting. Take a look.)

Let’s say you are unlucky enough that your case falls in the approximately 2% of cases with more assets than can be protected. In this case, it is important that you understand that it is the Trustee’s duty to sell or dispose of those assets ‘above exemptions’, and to then distribute the proceeds to your creditors. Basically, anything not considered exempt property must be seized and sold by the trustee.

The type and amount of exemptions are, for the most part, set by the law of the State where you live. There are exceptions. Being set by State law, exemptions vary greatly. However, since in 98% of bankruptcy cases filed, there are no assets not covered by available exemptions, the exemptions statutes are, for the most part, fairly generous. However, make no assumptions in this regard. Always, always seek the help of an experienced, full time bankruptcy attorney. Such an attorney will be an expert in what exemptions are available in your State and how best to apply them. Such an attorney will also be able to tell you what is not protected.

The Chapter 7 Trustee is also responsible for tracking down any gifts you made just before filing, whether or not they were made in an attempt to hide assets or not. For example, if your nephew got a few thousand from you for his birthday the week before you filed bankruptcy, rest assured that your Trustee will be looking to get this money back. And, it’s not even safe to pay back relatives or friends prior to filing. These people are generally considered “insiders”, and, subject to certain exceptions, paying back insiders during the 12 months before filing bankruptcy is a “no no”, which will result in your Trustee being forced to try to get the money back.

Chapter 7 trustees are paid by a commission based on the amount of money they recover, so it stands to reason they’ll work hard to find and sell what property they can.

Now, let’s talk about Chapter 13.

The Chapter 13 Trustee, aka the Standing Trustee, is also first introduced to you at the 341 meeting. However, their role is more about ensuring your income is sufficient to pay your monthly Chapter 13 plan payment and that your proposed Chapter 13 plan is properly calculated. Assuming all goes well, it is then this Trustee’s job to collect from you your plan payment and to distribute it to your creditors.

Like the Panel Trustee, the Standing Trustee is paid a commission. However, unlike a Chapter 7 Trustee, the Chapter 13 Trustee gets his commission not from what he takes and sells, but rather out of the money you send in each month. Chapter 13 Trustees do not sell things. That’s just not his job.

The best way to think of your Chapter 13 Trustee is as the Chief Financial Officer in charge of your Chapter 13 plan. He runs the business of your Chapter 13 case. He figures out what is needed, and then accounts for and distributes the money you send in each month.

Your relationship with your Chapter 13 Trustee will be vastly different than the one you would have with a Chapter 7 Trustee. Chapter 7 Trustees live, for lack of a better way of saying it, for what they can “kill and eat”. Chapter 13 Trustee do not. Chapter 13 Trustees live off a percentage of what you send in each month. The Chapter 13 Trustee only succeeds in getting paid, if you succeed in making your payments. Therefore, as a general rule, Chapter 13 Trustees, at least those who recognize, so to speak, which “side their bread is buttered”, will go everything in their power to help you make a go of it in Chapter 13.

In most cases, as long as you make your required Chapter 13 plan payment, you can think of the Chapter 13 Trustee as more of a friend than adversary. He or she still has to do the job, but doing the job includes doing the best that can be done to make sure you do yours and that you get the full benefit of bankruptcy, all the way to the desired “discharge”.

If all of this is confusing and scary, we understand. Bankruptcy law is complicated and complex, to say the least. Need an expert? In North Carolina, there are many, good, experienced bankruptcy attorneys.

One is the Law Offices of John T. Orcutt, serving 30 counties in middle and eastern North Carolina. John Orcutt offers a Free initial consultation at 4 different locations: Raleigh, Durham, Fayetteville and Wilson. Call toll free to 1-800-899-1414 or visit his website for tons of info on bankruptcy: www.billsbillsb.com .

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Published Sunday, January 24, 2010 @ 10:36 am

It’s almost February and ‘tis the season for thinking about tax time—even more so if you find yourself considering the benefits of bankruptcy. So, if you believe you’re bankruptcy bound in 2010, in addition to trying to get your 2009 taxes filed in a timely manner, you may also be wondering whether you can discharge any income tax debt in your bankruptcy filing.

Well, it’s also time for insolvent taxpayers to take heart. When filing for bankruptcy a qualified attorney will compile a list of all of your debts, including credit cards, medical bills, car loans, mortgage debts, lawsuits and even information about stuff that you think you may owe, but for which creditors have yet to come calling.  In this long list of potential debts and inferences of insolvency, the lawyer will also require information about your taxes, including any federal income taxes you may owe, along with income tax due to your state or to any other state where you may have lived.

This comprehensive look at your debts, including your tax debt, is a good thing.  You are not only required by the Bankruptcy Code to include income tax debt in the common Chapter 7 or Chapter 13 case, but also because, in some cases, your tax debt can be minimized or completely eliminated by bankruptcy.

The question of whether your income tax can indeed be discharged by filing for bankruptcy ultimately depends on how old the tax debt is and when you filed that tax return.  In order to be dischargeable, your tax debt for the tax year in question must meet the following conditions:

• The due date for filing your tax return is at least three years ago.
• Your tax return was filed at least two years ago.
• The tax assessment is at least 240 days old.
• Your tax return was not fraudulent.
• You are not guilty of tax evasion.

For example, say you filed your 2005 tax return showing $6000 in outstanding debt on April 7, 2006.   On April 16, 2009, (three years later) that $6000 became dischargeable, meaning the tax debt could be eliminated in a Chapter 7 filing and treated as just regular old dischargable, unsecured debt in Chapter 13 bankruptcy. If, on the other hand, you did not file your 2005 return on time, waiting until December 15, 2009 to do so, your tax debt would not be dischargeable as of today (January 16, 2010) because fewer than two years had passed since you filed your return. In this case, you would simply have to wait to file bankruptcy until at least December 16, 2011.

Not surprisingly, the rules about discharging tax debt in bankruptcy can be confusing. For instance, only “income” taxes can be discharged in bankruptcy, whereas employee withholding (form 940 and 941) and sales taxes cannot.

Also…tax returns filed on your behalf by the IRS do not count for purposes of discharging tax debt.

And…tax debt that is secured by a tax lien may be dischargeable, but may still need to be paid to the extent that the lien is secured by the things you own. 

As a result, if you’re considering bankruptcy in 2010 and are concerned about the tax implications, including when to file, whether you can keep your tax refund, whether your tax debt is dischargeable, and any other factors in your personal circumstances that might require consideration, it’s important to speak with an experienced bankruptcy attorney who can competently guide you on the right path to the best result.

The bankruptcy lawyers at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Saturday, January 23, 2010 @ 7:15 am

You know your creditors: those nice folks who give you something you want — goods, services, or money — in exchange for your promise to pay them back at a later date.  In practical terms, a creditor can be a credit card company, a bank, a hospital, your local dentist, or any person or company to whom you owe a debt.

But, in these unfriendly economic times, [exactly] what happens when you can’t or won’t pay back that debt? What should you do when your creditors come calling? Can you keep creditors at bay or are you bankruptcy bound? Conquer your fears of dealing with your debt and remember the bankruptcy basics necessary to keep you from a creditor crunch.

Remember: Filing a Lawsuit Against a Debtor is not a Creditor’s First Choice
Keep in mind, creditors normally don’t want a lawsuit any more than you do. In fact, a creditor will not normally file a lawsuit against you until after many months and sometimes years of pursuing you for non-payment. Plus, creditors know that even if they file a lawsuit, it can be quickly neutralized by your bankruptcy filing—dispensing with your unsecured, and in some cases, even secured debt.

To Answer or Not to Answer
When you fail to respond to a creditor’s lawsuit, the creditor will gain a default judgment. This judgment will give the creditor the right to take certain collection actions against you, which could include seizing your bank accounts or garnishing your wages. In the alternative, if you respond to a creditor’s lawsuit—providing an “answer”—it can buy you precious time to secure more savings or take an excellent opportunity to file Chapter 7 or Chapter 13 bankruptcy.

The Consequences of Judgment Day
A judgment is a judicial order that, if it is not obeyed, will invoke legal consequences.  In extreme cases, a failure to pay a judgment filed on behalf of your creditors could result in a bench warrant issued by the court for your arrest. Keep in mind, only bankruptcy can help you avoid this type of judgment.

Settling What Constitutes A Settlement
Creditors file lawsuits because they simply want some kind of payment and, in the process, are often willing to settle for a lesser amount for repayment. Yet, while creditors want these types of settlements, it’s important to make sure your settlement offers are in writing.  Additionally, you should also be wary of so-called “debt settlement” firms who claim they can settle your debts for pennies on the dollar. Remember: you don’t need a firm to settle your debts…creditors filing lawsuits often offer settlement amounts; but the forgiven debt may be taxable. In the end, keep in mind that debts settled or discharged in bankruptcy are not taxable.

Worried About Wage Garnishment?
As mentioned, any creditor who wins a judgment against you can also garnish your wages or seize your bank accounts.  Only bankruptcy can stop your wages garnishment or a bank seizure order to raid your valuable accounts.  If a creditor seizes your wages or accounts after you file bankruptcy, you do have legal recourse and it’s even possible to get those assets back.

Knowing a qualified bankruptcy attorney can also help you conquer your creditors and face your financial fears, yielding the right kinds of support, information and insights—at a low cost— for a viable and secure future.  The bankruptcy experts at the Law Offices of John T. Orcutt offer a totally FREE debt consultation and now, more than ever, it’s time to take them up on their offer. Just call toll free to 1-800-899-1414, or during the off hours, you can make your own appointment right online at www.billsbills.com. Simply click on the yellow “FREE Consultation Now” button.

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Published Thursday, January 21, 2010 @ 11:50 am

The latest chapter in the Obama administration’s attempts to make lenders modify mortgages is to send SWAT teams – no, I’m not kidding, really, SWAT teams – into the call centers of major lenders to try to ensure that they follow the proper procedures and actually modify loans. Seriously, wouldn’t it be a whole lot easier just to pass cramdown and allow bankruptcy judges to modify mortgages than to try to sweet talk, bribe or otherwise convince bankers to do it on their own?

Because they’re not. Making Homes Affordable, the program implemented by the government last May, is designed to encourage banks to modify the loans of homeowners who are having trouble making mortgage payments. Mortgage companies are reluctant to do that, however: they make more money in interest and fees when a mortgage goes into foreclosure, than they make from the government when they successfully modify it. The government had hoped to have 3-4 million mortgages modified by the end of last year. As of mid December, the count was at 750,000 – the vast majority of those were still in the trial stages.

The news reports of lenders dragging their feet are backed up with anecdotal evidence from homeowners, who report that they call the lenders over and over, file and refile the same documents, and then call back, only to be told that no one knows anything about their case. Lenders counter that people don’t send them the requested documents. Really? Desperate homeowner, one last shot at keeping their home, and they can’t be bothered to fax some papers? The lender argument is a little hard to believe.

Hence, the SWAT teams. These are teams of three people, sent into the call centers of the seven largest loan servicers to make sure that the bank representatives are giving accurate information, filing forms properly, etc. Experts are not impressed – many say the initiative is unlikely to work. Some have called for putting permanent government observers in the call centers. They note that private insurers already have their people inside the call center, to help prevent the loans they’ve insured from going into foreclosure.

Unfortunately, neither temporary nor permanent government observers in the call centers seems likely to work. This is another initiative – like the ‘foreclosure hall of shame’ that was supposed to embarrass the lenders into modifying loans – that the banks will evade and ignore until the administration acknowledges it isn’t working and moves on to something else. The fact is, lenders aren’t going to modify substantial numbers of mortgages until they are forced to. Unless an initiative like cramdown is passed, which takes the decision to modify or not and how much out of the bank’s hands and gives it to a neutral party, foreclosures will continue to rise.

Fortunately, homeowners finding it difficult to pay their mortgage may have another option to save their home: bankruptcy. Your bankruptcy attorney will return your phone calls, keep your files organized, and not make you fax documents four or five times. In addition, he or she will help you map out a plan that will lead you to financial freedom. The Obama administration may sincerely want to help homeowners. But as long as they expect bankers to do it out of the kindness of their hearts, you’re probable better off filing for bankruptcy.

Brought to you by the Law Offices of John T. Orcutt. Providing North Carolina homeowners real foreclosure relief since 1995. Is your lender not working with you? Call today and find out how a bankruptcy can save your home. 1-800-899-1414. Convenient offices in Raleigh, Durham, Fayetteville, and Wilson.

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Published Thursday, January 7, 2010 @ 9:25 pm

The bankruptcy numbers for 2009 are out, and as expected, they’re high. According to a report in the Associated Press, 1.4 million people declared bankruptcy last year. That’s the seventh highest number ever, and the largest number since the change in the 2005 bankruptcy laws. 110,000 people declared bankruptcy in November, marking the 9th straight month of more than 100,000 bankruptcy filings.

The news isn’t surprising, as the economic downturn takes its toll on more and more American families. Even while some economists suggest that the recession is over, unemployment remains high, and many people are suffering from months of reduced income, which results in credit cards, mortgages and other bills piling up.

However, buried in the AP story was one very interesting fact. While all bankruptcies have increased over the last year, Chapter 7 bankruptcies are up 42% and Chapter 13 bankruptcies are only up 12%. That means that the share of people filing Chapter 13 is down to 28%. This is surprising, considering that the 2005 bankruptcy law is specifically designed to encourage – sometimes even force – people to file Chapter 13 instead of Chapter 7.

Why are fewer people filing for Chapter 13? There are no definitive answers, but it’s possible to speculate. For one thing, a Chapter 13 filing requires a debtor to have some form of income. The purpose of the Chapter 13 filing is to pay some or all of your debts, both secured and unsecured, over a period of 3-5 years. In order to do that, you need to have money coming in. Given the millions of people who’ve lost their jobs over the past two years, it’s not surprising that fewer debtors have enough income to file Chapter 13. While unemployment benefits do count as income, the length of this recession means that – despite the efforts of the federal government to increase these benefits through the stimulus – more and more people have lost their benefits before they’re able to find a job. And it’s likely that many of these people may have run up large credit card bills over the course of their unemployment, bills they have no way to pay.

A second possibility has to do with the foreclosure crisis. Many people who choose to file Chapter 13 do so as part of an effort to keep their home. Many people who bought homes during the housing bubble are now stuck with enormous mortgages. Since underwriting was so lax during that time, these mortgage payments may be far more than the one third of household income that’s recommended by banking standards, making it impossible to make the payments if your income has decreased for any reason. In other words, these debtors may have some income, but not enough to make the mortgage. In addition, housing prices have decreased across the country, in some markets by as much as 66%. Some homeowners may feel it’s not worth it to try to keep their homes, if they have negative equity. Filing Chapter 7 bankruptcy gives them a fresh start, and if they work quickly and steadily to rebuild their credit, they could apply for another mortgage in less than 5 years.

Finally, it’s possible that as bankruptcy lawyers become more familiar with the bankruptcy law, they become better positioned to advise their clients. Debtors who might seem required to file Chapter 13 on the face of it, may actually have other options that their lawyers can point them to. Just one more reason why it’s wise to seek out an experienced attorney before filing bankruptcy.

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Published Thursday, January 7, 2010 @ 9:24 am

Well, this isn’t really good news: the number of bankruptcy filings by businesses in the U.S. is officially rising faster than the rate at which individuals file.

The less stability in the business world, the less stability in the job market. In turn, meaning that those on the brink of serious financial trouble, may soon go beyond the brink. And, for those trying to make a successful transition out of bankruptcy, the lack of work opportunities are making it exponentially more difficult.

You may be reading about faint signs of recovery from the Great Recession. A rally on Wall Street; rising new home sales and a better than expected holiday sales season. Well, what we are not reading about is the pain being caused by the exceptional unemployment rates. And as long that hovers around double digits, we shouldn’t not expect a full recovery. That’s why more business bankruptcies are a little scary.

A service called Automated Access to Court Electronic Records compiled data that indicated more than 15,000 businesses filed for Chapter 11 bankruptcy in 2009, an increase of 50 percent. Small business Chapter 7 liquidations jumped 38 percent from 2008. Each number, respectively, was more than double the increase between 2007 and 2008.

The rate for individual bankruptcies climbed by only 32 percent. Unfortunately, a large percentage of those came at the hands of unemployment. And in light of the recent news concerning the rate of business filings, it only looks as if the two statistics are going to continue intertwining, wrapping our nation in a perpetual dance of financial misery.

Thankfully, the number of filings for 2009 still remain just below the record set in 2005 before the Bankruptcy Abuse Prevention and Consumer Protection Act was enforced.

In the last two weeks before the reforms became official, 630,000 people filed bankruptcy to avoid the more difficult path to Chapter 7 via the Means Test, a component of the new law that “qualifies” people for Chapter 7.

But now, with Chapter 7 numbers back at their pre-2005 rate, many who had thought they would fail to qualify for bankruptcy are finding out that the Means Test is no big hurdle.

However, the greatest fear to emerge from the increases in both commercial and individual bankruptcies is the notion that the credit industry make begin to seek tougher amendments to its 2005 action or worse yet, lobby for new anti-bankruptcy laws. Scary thought.

Ronald Mann, a Columbia law professor, believes the 2005 law was not warranted and that ” … it was largely ineffective. I don’t think anybody who’s knowledgeable about the bankruptcy system thought the statute was well crafted.”

Recent filings are showing a shifting demographic in the bankruptcy system. When at one time those who made between $40,000 and $80,000 were prevalent, salary ranges of those who file is beginning to grow into the $100,000 to $300,000 range.

There is no denying the connection between business bankruptcies and the rate at which individuals file. It’s all in the jobs report. And as both types continue to impact the country, we need to keep our other eye on the lobbying efforts of the lending and credit industries. There is no telling what they may think of next.

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Published Tuesday, January 5, 2010 @ 6:29 am

The New York Times recently published an insightful article detailing the struggles of homeowners facing foreclosure in the outer boroughs of New York City. At the New York State Supreme Court building in Jamaica, Queens, they come face-to-face with the lawyers representing the banks and the loan servicers that are pursuing foreclosure on their homes. These lawyers oversee large caseloads and don’t appear to the Times reporter have the time to delve into each individual matter.

New York state lawmakers have passed laws requiring lenders to negotiate with homeowners in court. That’s why the court’s docket is full of homeowners facing foreclosure. However, the banks in question, and the loan servicers that represent them, aren’t cutting deals to modify mortgages, despite the efforts of lawmakers to force the banks to do so. As a court referee says in the article, “I have yet to see an attorney for a servicer cut a deal.”

The evidence suggests there isn’t enough incentive for lenders and servicers to try to bargain with homeowners. The federal government has provided small financial incentives to services to allow loan modifications. But, because the servicers also make money from the foreclosure process, especially through fees charged to homeowners, the servicers don’t have as much of a reason to take the federal government’s money.

Even when modification is a possibility, the modification process often breaks down over logistics. For instance, homeowners often struggle to produce all of the paperwork lenders demand to see in order to process a modification. The Times also reports on an initiative to bring the documentation process online, allowing homeowners to store their documents in a database for safekeeping and to electronically track the progress of their modification efforts. A consultant quoted by the Times, however, remains pessimistic, stating bluntly, “[m]arginal improvements are not going to have a significant impact on increasing loan modifications.”

It should be good news for homeowners that the federal and state governments have stepped in to provide incentives for lenders and servicers to modify mortgages. However, an incentive is only an incentive, and sadly, evidence suggests that lenders and servicers generally choose to foreclose rather than modify. If you are a homeowner experiencing difficulty making your mortgage payments or facing foreclosure, relying on modification as a last resort may land you in a lot of trouble.

Filing for bankruptcy, on the other hand, can in many instances protect your home from creditors and keep foreclosure out of the picture. If you have a regular income, a Chapter 13 bankruptcy filing offers the opportunity to catch up on your missed mortgage payments, and your home will be protected by the bankruptcy court’s automatic stay, which stays, or freezes, collections actions, including foreclosures. A Chapter 7 bankruptcy filing may also protect your property, depending on the circumstances and the extent of your other outstanding debt. If you are looking for bankruptcy advice you can trust, do not hesitate to contact the attorneys at The Law Firm of John C. Orcutt.

If you’re one of the many North Carolina homeowners facing foreclosure, contact the Law Offices of John T. Orcutt today to discuss how Chapter 13 bankruptcy can save your family’s home. Call today: 1-800-899-1414.

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Published Wednesday, December 30, 2009 @ 10:49 am

You don’t have to be Chrysler or GM to consider bankruptcy. Maybe you are a small business owner with just a few employees and are struggling to keep everyone on the payroll while you fight off creditors, waiting for the next big contract to come through. You’re not alone. Here are the things you might consider as you look down the road.

This article assumes you’ve exhausted your credit and financial resources and are considering bankruptcy. Your best option when considering bankruptcy is to consult with a qualified bankruptcy attorney who can counsel you on your specific situation. You may find that bankruptcy is not the best move for you, but a qualified attorney will help you make that decision.

There are several different kinds of bankruptcy which may come in to play for you, as a small business owner. Here is a brief overview.

Chapter 7 Bankruptcy:
This is sometimes called “straight bankruptcy,” as it is what most people associate with the term “bankruptcy” comes up. Depending on which set of exemptions are available to you under state or federal law, there is often a lengthy list of items of property which you can exempt from liquidation when you file for Chapter 7 bankruptcy.  However, if there are any assets outside of your available exemptions, the Chapter 7 trustee will likely seize and sell that property and distribute the resulting proceeds amongst your unsecured creditors.

Chapter 11 Bankruptcy:
You may have heard of a company that goes into “reorganizational bankruptcy.”  Most often, this refers to Chapter 11 bankruptcy. Although this type of bankruptcy is often used by large corporations, small business may also file for protection under Chapter 11. As with the other forms of bankruptcy, certain rules and qualifications apply which may not make Chapter 11 a proper fit for your business’s needs.

Chapter 12 Bankruptcy:
If your business is a family farm, or a family fishing business, Chapter 12 bankruptcy may be your best option. Chapter 12 is tailored to the special conditions that come from individuals, families or small businesses which make their living from the land, streams or sea.

Chapter 13 Bankruptcy:
You may consider Chapter 13 bankruptcy if your business is just yourself, or if your business is unincorporated and operates as a sole proprietorship.  As with personal Chapter 13 bankruptcy, this process gives you a chance to reorganize and repay many of your debts under court protection, rather than wiping debts clear from your books.  Under some circumstances, you may not have to pay any of your unsecured debt.  Only an experienced bankruptcy attorney can properly advise you on your particular set of circumstances. Chapter 13 stops the clock on debt collection while you make progress to get back on your financial feet by paying a monthly amount as part of your Chapter 13 personal reorganization.

As with any major decision in your personal or professional life, you should consult with an attorney who is an expert in bankruptcy before moving ahead. A qualified bankruptcy attorney will give you sound advice on whether or not bankruptcy is the right choice for you, and under which of the various chapters of bankruptcy you should file for protection from your creditors.

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Published Monday, December 28, 2009 @ 7:10 am

The New Year is a few days away. And without doubt, millions of Americans will welcome 2010 with grand hope, desperate to put 2009 far behind them, the year the Great Recession took hold of our collars and shook us into submission. Unfortunately, many Americans will greet the end of the 2000′s first decade still in debt and financially directionless.

But that doesn’t have to be the case.

Bankruptcy, despite all you may think you know about it, can make 2010 the year you really start over, the year things become as you make them, the year you regain control.

The federal government is reporting that with 2009′s end, so goes the worst national economic era to strike the 50 states in decades. Much of this optimism, unfortunately, has failed to provide security. The talus is simply too loose, the slope too steep and the edge too precipitous for Americans to feel confident in the footholds being provided. Unemployment continues to shroud our workforce in a cloak of despair and frustration. All the positives can be too easily brushed off as temporary, government-designed band-aids that do nothing for long-term care and instead will soon peel off, exposing our credit card cuts and sub-prime avulsions to additional economic bacteria.

However, treatments are plentiful. And bankruptcy is one of them.

The bankruptcy process, when handled by a competent, established attorney, is a very respectable way to handle the stress and prevent the longstanding financial damage that un-attended-to debt can do to a family.

Most people who give thought to bankruptcy quickly brush it off as an escapist’s tool; something the irresponsible do to cover their mistakes. Well, if you were to start asking around, it would take little time for you to uncover that most of those who have filed for protection are professional, educated and careful with their money. You will also find that things like sudden unemployment, medical bills and emergency life expenses do not discriminate. They affect everyone and if we were universally prepared for those types of setbacks, we wouldn’t need the bankruptcy code.

Back in 1934, the U.S. Supreme Court established the need for a federal measure that could assist the honest debtor in repairing their economic wherewithal. That same year, an opinion was written on the matter that said:”(Bankruptcy) gives the honest but unfortunate debtor … a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.”

A few years ago, the lending industry powered a major revision to the bankruptcy code called The Bankruptcy Abuse Prevention and Consumer Protection Act. Despite its title, it was designed to make filing bankruptcy more difficult. It was meant to perpetuate the stigmas and make people less tolerant of those who have to file.

The law changes included the “Means Test,” which was designed to qualify a person for Chapter 7. If you made too much money, suddenly you are not eligible to file under the same guidelines as others. The questionable constitutionality aside, the law served to make the bankruptcy code that much more tedious and frustrating for people. Without question, it prompted many people to avoid filing altogether and made the protection of our established laws that much more difficult to obtain. But don’t buy into the myths or the hype. For 99.9% of you, bankruptcy is still a valid option. And the Law Offices of John T. Orcutt know how to make the new bankruptcy laws work for you!

If you want 2010 to ring in on a positive note, don’t do what you did in 2009. Let facts drive your decisions, not misappropriated stigmas and half-truths. It’s your New Year, give yourself a reason to make it a happy one.

In North Carolina, contact the Law Offices of John T. Orcutt. 1-800-899-1414.

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Published Sunday, December 27, 2009 @ 5:31 pm

If the present economic environment wasn’t Scrooge enough, just in time for the holidays, it appears the Obama Administration’s Making Home Affordable foreclosure prevention plan has failed to meet its goal of helping millions of Americans avoid foreclosure.

In fact, according to a recent Treasury Department report, 27 percent of the 650,000 homeowners taking part in the mortgage modification program are now delinquent on their mortgage payments.  Reflecting the mortgage industry’s aversion to permanently modify mortgages, of that number, only 1,711 participating homeowners attempting to avoid foreclosure have been able to convert their modifications to permanent status. Homeowners facing foreclosure and needing help to secure a loan modification were encouraged to visit http://www.makinghomeaffordable.gov.

Crunching these paltry numbers translates into even more disturbing results for many seeking good news about federal mortgage relief and a way to save their homes.  According to Shahien Nasiripour’s recent report in The Huffington Post, results of the President’s $75 billion foreclosure program mean that, for example, out of every 100 homeowners who came to JPMorgan Chase for modification assistance under Making Home Affordable, just 15 have or will likely receive a permanent payment reduction. So, what happened to the other 85? Nasiripour says:

“for every 100 trial plans initiated from April through September 2009 under the Home Affordable Modification Program:

• 29 borrowers did not make all required payments under their trial plan;
• 20 borrowers did not submit all documents required for underwriting;
• 31 borrowers submitted all required documents but the documents did not meet HAMP underwriting standards, due to such things as missing signatures or nonstandard formats;
• 4 borrowers were or are likely to be rejected for undisclosed reasons;
• 1 borrower will not or is not likely to get their payment lowered.”

This Huff Post data comes from the prepared remarks bank officials planned to make before the House Financial Services Committee. The testimony was posted on the committee’s website.

To date, critics say the response of legislators and the Treasury Department to this dire news has been sorely inadequate. While several weeks ago mortgage lenders were threatened with losing access to precious incentives if they didn’t increase permanent mortgage modifications, with millions of homeowners facing foreclosure, failing banks still received billions in bailout money with no real implications for not helping the same struggling borrowers, and by extension communities, avoid the negative impact of foreclosure.  While the Treasury Department has recently extended the modification program, this system on its own appears to have provided few long-term solutions to this continuing housing crisis.

To help homeowners avoid foreclosure in the long-term, industry insiders and other commentators insist legislators will need to force banks to modify mortgages in ways that are affordable over the long-term. Since many the rising numbers of unemployed homeowners are unable to pay their mortgage even with unemployment insurance benefits, one suggested change would be to allow unemployed homeowners a mortgage deferment while they’re looking for work.

Homeowners who are having difficulty making their mortgages may be considering filing for Chapter 7 or 13 bankruptcy protection. Another option for legislators is giving the bankruptcy courts the power to modify these same underwater mortgages during Chapter 7 and Chapter 13 bankruptcy.

As American homeowners languish waiting for more immediate mortgage help, many are turning to bankruptcy to stop foreclosure and other creditor actions. For reliable bankruptcy advice that you can trust, contact The Law Firm of John T. Orcutt. And to find out more about your bankruptcy options, visit The Law Offices of John T. Orcutt’s “Things to See and Hear” information.

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Published Tuesday, December 15, 2009 @ 1:48 pm

In these painful financial times, the toughest bind facing many Americans is financing their well- being. While it’s vital to stay healthy and seek medical help when necessary, with health care costs on the rise and health care reform largely in limbo, the results of putting wellness over wealth can be financially devastating.

As the New York Times reported, (from the November 25, 2009, article “From the Hospital Room to the Bankruptcy Court” by Kevin Sack), many Americans are merely “one accident or illness away” from a “medical bankruptcy.” And while there is no medical bankruptcy per se—rather merely a standard filing that includes the wiping away of medical bills—more and more people are filing for bankruptcy because of these bills with the ubiquitous term “medically bankrupt” having become largely a sign of the economic times. “This has really become the insurance system for the country,” said Susan R. Limor to the New York Times in the same article. Limor is a bankruptcy trustee who calculated that 13 of the 48 Chapter 7 liquidation cases on her docket included medical debts of more than $1,000. Under Chapter 7, a debtor’s assets are liquidated and the proceeds are used to pay creditors; any remaining debts are discharged, and filers are left with a 10-year mark on their credit ratings.  “You can’t believe how many people discharge medical debts,” Limor said. “It’s a kind of trailing indicator of who’s suffering in this economy.”

And those suffering are not alone. According to a recent study from Harvard University, today medical bills make up well over half of all bankruptcy filings (62% in 2007), accounting for the bankruptcies of between 1.5 to 2 million Americans each year. Moreover, of those filing for bankruptcy, three-quarters have medical insurance.  In many cases, this crippling debt is the result of insurance co-pays and deductibles, which can run into the tens of thousands of dollars. Yet, some who file for “medical bankruptcy” do so even with relatively small medical bills because, left to their own devices, many hospitals and medical practices refuse to make arrangements for debt relief or installment plans.

As such, the alternatives to a medical bills-inspired bankruptcy can be worse. Medical debt—from hospitalization to medication—is unsecured with no guarantee available for creditors, like insurance companies, hospitals and doctors, to take back. As a result, without filing medical bankruptcy, health care debts can be tied to the collateral you do own. A hospital or insurance company can also garnish your wages, and even claim a portion of the equity in your home, business or other large assets.

As the New York Times article illustrated, if you’re plagued by medical debts and other related health care costs, Chapter 7 bankruptcy may be the only viable solution for you. Filing for Chapter 7 can eliminate most of your debts, including those arising out of medical expenses—whether they’re billed from your hospital or charged on your credit card.  An experienced attorney can evaluate your precise financial problems—medical or otherwise—and work out how the implications are likely to affect you. You’ll also learn the best ways to most effectively deal with creditors, along with possible solutions to improve your credit scores and credit ratings so that any effects of the bankruptcy might be minimized. The same lawyer can help you file for bankruptcy, as well as represent you in the bankruptcy court. For more information about the benefits of filing for bankruptcy, including alleviating medical debts, visit the experienced attorneys of The Law Offices of John T. Orcutt online.

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Published Sunday, December 13, 2009 @ 6:54 pm

In Part I of the Preventing Foreclosure series, you received an introductory look at how to keep your home, with Part II of this six-part series emphasizing the power of being proactive, providing even more specifics on the best ways to prevent impending foreclosure proceedings by working directly with your mortgage lender before you find yourself falling behind.

If you are already behind on your mortgage payments, it’s hard to negotiate with your lender. With so many Americans behind on their mortgages, loan servicing companies simply don’t have the manpower to address every delinquent mortgage. But you have options- Chapter 13 or Chapter 7 bankruptcy proceedings can force creditors to end their collection activities and delay a foreclosure sale.

Part III – Chapter 13 Bankruptcy

When examining your options for saving your home, if you find you are in arrears, but also have regular income to catch up with those back payments, just not all at one time, you may find that Chapter 13 bankruptcy is your best first step in protecting your biggest asset. As such, filing a Chapter 13 bankruptcy stops foreclosure on your home and restructures your debt into a more manageable payment plan— allowing homeowners to pay back what they owe on their mortgage over time, often at a percentage of the cost.

Good Way to Pay With the Automatic Stay

Under the Bankruptcy Code, a debtor in Chapter 13 bankruptcy is protected by the automatic stay. This stay stops creditors in their tracks and prevents their collection actions, including foreclosures. This stay continues working throughout the duration of your bankruptcy case, as long as you adhere to the guidelines set by the court; meaning as long as you remain current on your payments to your bankruptcy trustee, you should come out of the bankruptcy current on your mortgage and with your home.