Bankruptcy Chapter 7

Once again, I am a paralegal not a lawyer. So my articles are in no way to be considered legal advice they are legal information only. Let us not forget when a lawyer or a paralegal becomes involved your problem becomes an ISSUE.

To repeat myself, bankruptcy isn’t as bad as republicans and corporations want you to think, Just because you have a bankruptcy Discharge your life nor your financial life are not going to end, Honest. All you are doing is telling the people you owe

I ain’t got it and I can’t get it! So back off and leave me alone!”

You see the goal of all bankruptcies is Discharge. A Chapter 7 Discharge is when the Bankruptcy Trustee (Judge) says you no longer owe the money and or debts listed in your bankruptcy.

SIDENOTE: After Discharge you will have to be careful. You see There is a catch 22. You see according to Federal Law once you get your Discharge debt collectors are no longer allowed to come after you but there are bad debt collectors who will still come after you and if they can get you to pay so much as $1 it become legal to go after you again. I will get into how deal with these greedy idiots in later articles.

So getting back to after Discharge. Within 30days of getting your Discharge you will be able to get a credit cards. There will be Secured and unsecured credit cards offers. Secured credit cards require that you deposit money into a savings account. The amount you deposit in that credit card company’s savings account will be your credit limit. Six months after Discharge you will be able to buy a new car. If you want to buy a new house and use FHA loan, bummers that means you will have to wait a whole 4 years to get your new house.

SIDE-NOTE: This isn’t legal advice, just my personal opinion. After you get your discharge get a secured card that reports to the credit bureau. It will take some looking but they are out there. Warning, most secured credit cards companies report to nobody.

Now, no employer federal or private can fire you for filing for bankruptcy. You can get fired for other reasons but not for bankruptcy.

Chapter 7 bankruptcy Discharge does not mean you cannot file for unemployment benefits or that your payments are going to stop. This also includes social security or any other benefits you might be entitled to. At least not right now with the crazy republicans in power that will change.

The Discharge itself will only stay visible in your records for only 7 years.

If you are worried about the corporations and people listed in your bankruptcy they will get to deduct what you owe them from their taxes. The only thing they will lose is the interest they get to charge you while you struggle to pay off the debt.

So isn’t bankruptcy just going to destroy your life, like crazy republicans want you to think, or is it a chance to start the game over like it was always meant to be. You decide not the crazy republicans.

Next week I’ll talk about a few bad things concerning bankruptcy and the mechanics of how it works.

Debtors Prison An American Carol

All right, five months ago it is Christmas time. As usual, there was a Christmas Carol movie is playing on a number of different cable stations. I think my three favorite are Bill Murray’s Scrooge, Vanessa Williams’ a Diva’s Christmas Carol and Patrick Steward`s, A Christmas Carol. I think Mr. Steward’s came closest to what Charles Dickens wanted to say. In each movie the main plot was pretty much the same, old greedy Ebenezer Scrooge or a Scrooge type character who refuses to part with a single coin and was out to squeeze every last possible coin from poor souls no matter how or why they got into debt. It did not matter what damage or suffering his greed caused. All that mattered was putting that shiny coin into his pocket.
With that in mind, one of his favorite things to do in getting that coin, in the book, was to buy the debt of others have the unfortunate debtor arrested and jailed as a debt dodge. It didn’t matter if they were employed trying to pay or not. Debt was an actual crime in the 18th and 19th centuries. With his victim in jail, in jail without a trail or due process, Ebenezer would seize and sell their homes, furniture anything with the remotest monetary value, turning the debtors ill parents, wives and children out to suffer in the streets. You know in the real world of the 19th century single and or widowed women with children just as often wound up in debtor’s prison as men did. Debtor’s children and wives were often sent to workhouses and orphanages. Places that were too often a half a step from hell. That is if they weren’t just dumped on the streets after their house was seized.
That would be a scary world to live in wouldn’t it. Thank the Lord we don’t live in such times, right? After all it only happens in fiction and history books, right? I mean such a thing could happen not in today’s America, right?
Wrong Virginia! It is very real! And it could very well happen to you!
Just ask the Minnesota woman, who went to jail over a $250 owed for a credit card she didn’t know she had. Or The Illinois breast cancer survivor who was jailed over a $280 medical bill the hospital told her she didn’t owe. There was a woman sent to jail over a $60 phone bill owed by her husband dead 10 years. Let’s not forget the Kansas City guy who went to jail for $1000 he owed a furniture store after making payment arrangements. This last January a judge sentenced a man in Kenny Illinois to an ‘indefinite jail term’ over $300 he owed a lumber yard.
This doesn’t include to poor souls sent to jail because they didn’t have the money or a job to pay a fine. Only to discover that their $60 fine after 90 days spent in jail is now $6000. After all someone has to pay for the prison, prison guards’, food and uniforms.
After all didn’t one bund ant say “If you were a good person and a favorite of God you would have been born rich?”

Chapter. 7 Bankruptcy

Here we are once again. So as before I am a paralegal, I am not a lawyer. My articles are in no way intended to be, to be taken as, mistaken for legal advice. This is legal information only to help you ask the best questions so you can get the best help from your lawyer. Let’s not forget that when a lawyer of a paralegal becomes involved your problem becomes an ISSUE.

All right you are thinking about filing for bankruptcy. 1st thing 1st, contrary to what crazy republican’s would like you to think bankruptcy is not a bad thing. It is not going to destroy your life, it doesn’t mean you are a failure, or that you’re scammer trying to dodge your debt. All a chapter 7 bankruptcy does to restart you financial life. Kind of like asking for a ‘do over’ when you mess up playing a game.

As for your creditors, all you are doing is using the courts to tell them, “I am sorry I haven’t got it and I can’t get it. So back off.”

Now a bankruptcy is supposed to stay on your credit records for no more than 7 years. The story if you file for and are granted a bankruptcy you will be prevented from getting any credit or loans for 7 years. Plus when you do start getting credit again you will have to pay a much higher interest rate.

That is no longer true.

Will it is somewhat true. When you file your 1st bankruptcy form often called the ‘petition’ you will be unable to get any form of credit or loan until get your bankruptcy ‘Discharge’.
SIDE-NOTE: Don’t panic though. If something bad happens and you need to borrow money you have way to deal with it. You will have to get permission from the trustee though.
However not even 30 days after your ‘Discharge’ you will start receiving credit card offers. Everything from the loan shark offers:
These guys will offer high credit limits with very high interest rates. You miss a payment date with these guys by so much as an hour your interest rates will double sometimes triple. Miss a 2nd one and you could be looking at debtor’s prison.
SIDE-NOTE: Thanks to the crazy republicans and growing privatized prison system here the United States debtors prisons have become a a very real and serious threat in over 24 states. Just ask the breast cancer survivor in Illinois who went to jail 5 days after getting home from the hospital. She was arrested and jailed for a $260 hospital bill. A bill the hospital told her she did not owe. It had cost her father a $1500 to get her out. $260 for the bill she didn’t owe, $600 in legal fees, and $740 for the food she ate, for her Dad and lawyer to be processed in to see her. The rest paid for her stay at the Bar Hotel.

Next week I will talk about what debts are covered by a Chapter 7

S.C.R.A IV

Interesting according to Congressional Budget Office Obamacare is going to cost 5 billion dollars less than we’ve been told to expect.

This means according to the Washington post premiums should be going to go down.

Isn’t that just awful and such a really bad thing to have happen. I mean for the past 30 years all my premiums ever did was to go up. This happened every year for the exact amount of my cost of living raise. Isn’t that the way it is supposed to be?

To work than. I am a paralegal not a lawyer so what information you find in my articles are not to be taken as legal advice. My articles are meant to be legal information only. Let’s not forget when a lawyer of paralegal becomes involved your problem becomes an Issue.

OPINION: The fact it can take your lawyer 2 or 3 days to get up to speed on your ISSUE is one of the main reasons why, waiting to the last moment before getting legal help is a very bad idea. It always takes your lawyer and or paralegal awhile process the information and to get up to speed before they can help you. So the more time you can give your lawyer the happier you will be with the results.

Something interesting for soldiers if you get arrested and dropped into a civilian jail and a bail bondsman gets you out you can use the S.C.R.A. to block them from coming after you and forcing you to appearance for your court date until 90 days after discharge from the military.

However this only works if you are in combat. If you are stationed at a base in the States of an Ally country the bondsman can go your commanding officer and ask for you. Or the bondsman can go to your base legal office and get the base court to cancel that part of your S.C.R.A.

Now getting back to what your spouse can do with S.C.R.A. As I said before using the S.C.R.A. your spouse can stop a foreclosure on your house or stop a rental eviction. Also Using the S.C.R.A your spouse can stop a foreclosure on your storage unit.

Life Insurance: Okay if you or your soldier has one of those life insurance policies you can borrow against and your soldier uses it as collateral before going on active duty. Using the S.C.R.A. you can prevent the creditor from seizing the money. Unless the insured dies or the premiums don’t get paid.

Now it is always a good idea to have a back-up P.O.A. /Power of Attorney. A back-up P.O.A/Power of Attorney doesn’t come into play unless your spouse is out of it. It also helps is States that still won’t see same sex unions.

Getting back to the S.C.R.A. If your spouse is out of the game whoever is listed on your back-up P.O.A can use the S.C.R.A., too protect your assets.

Next week a little more on the S.C.R.A. I will be moving onto Chapter 7 Bankruptcy

S.C.R.A III

Interesting, our House of Representatives has actually held a vote on 4/10/14. 219 crazy republicans have voted to cut and end food stamps, Medicare and Medaid, Unemployment insurance, welfare and other much needed social programs. For example, there would be cuts to the Pell grant making it 10 times harder for a poor kid to get education or training needed so they can climb out of being poor. Of course, let’s not forget Obama care this budget will be taking away medical insurance from 8 million working families. After all the poor and handicap are just lazy people bleeding this country dry.

All this so they can to give poor rich people a much needed tax cuts. Poor, Poor rich people. I swear Serf-Dom is on its way back. Once we have Serf-Dom slavery is not even a half-step away.

Oh well, Once again as Ed Shultz from the Ed Show says ‘Let’s go to work’. I am not a lawyer, I am a paralegal. So what follows is in no-way to be taken as, intended to be legal advice. This is legal information only. Let us not forget when a lawyer or paralegal becomes involved your problem becomes an Issue.

Picking up on the S.C.R.A. I am constructing a second page dedicated to listing phone numbers, addresses and websites of military legal assistance organizations. I found this listing on the Department of Justice website. Theses organizations’ should and will be able to help you if you decide to pursue an S.C.R.A/Serviceman’s Civil Relief Act type of bankruptcy. If you live near a military base you can also start with local military base’s legal offices.

If you are a service member and or the service member’s spouse starting an S.C.R.A you will need to have this the information you need to have on hand when you make your 1st call:

Service member’s full and complete name, rank and current posting or where they are currently stationed. Of course don’t forget your soldier’s social security number.

Next gather together all information you can about the money matter you need help with. This includes all bills, demand letters, contracts, deeds and bills of sales. This also includes any legal documents, like Reposition demands, notices of evictions, and foreclosures’ notices. Make sure you have all this information organized in such a way you can easily find what information you need while are talking with your lawyer.

It will help to write down a list of your questions and concerns before making your 1st call and have it on top of your paperwork.

Once you have gotten all your information put together, you can make your 1st call.

SIDENOTE: Do not be surprised or appalled if after the intake operator takes your phone number and some information about your issue they tell you someone will be calling you back. This is a legal and governmental office you are dealing with after all. It could be 2 or 3 days before someone call you back but I guarantee someone will call. However if someone is pounding at your door about the debt make sure the intake operator is aware! Someone will call you back a lot sooner.
If someone from that office doesn’t call in that time frame or the collection agent starts getting scary you can call the intake operator again ask them to hurry it along.

More about the S.C.R.A next week. Then there should be a couple more S.C.R.A postings and then I will be moving on to Chapter 7 bankruptcy.

SCRA or Service members’ Civil Relief Act II

Okay once again, I am not a lawyer I am a paralegal. So this is not legal advice this is legal information only. Also when you talk to a lawyer or a paralegal your problem becomes an ISSUE.
The SRCA not only protects active duty members of the army, air force navy and marines but also reservist, members of the national guard, the air national guard and commissioned officers of public health service, and or national oceanic and atmospheric service.
Here are some of the benefits you’re loved on and or family can get when they talk to a military base legal service and or independent lawyer with military experience about filing a SRCA bankruptcy.
There have been some recent changes SCRA or the Service member’s Civil Relief Act. Such as, if you are renting a house or an apartment and paying $3,139 or less a month the landlord must get a court order before they can evict your wife or husband while you are on active duty. Even if you signed the lease before joining an armed service. This also includes mortgage payments. The only condition is that the soldier or sailor must have actually lived there and still lists it as his/her home address.
While a SCRA is being processed it also can limit interest rates to 6%. On such things as credit cards, mortgages payments or any other loan you have. Even loans you entered into before going on active duty falls under SCRA protection. Also because of the interest rate restriction an SCRA can reduce the monthly payments on these accounts. Including your car payments.
While the SCRA is in effect lenders cannot cancel or change their rules on your loans or credit cards. After a SCRA has been completed lenders cannot use the fact you have used the SRCA as a reason to deny you a credit card or a loan.
Now let’s say someone files a civil suit against you. For example your spouse files for divorce, or your spouse gets bullied into foreclosure proceedings, or a standard bankruptcy. You can still get SCRA protection
Side-Note: Secretary of Defense Panetta in a memo dated February 11, 2013, confirmed that the SCRA protection also extends to and includes same-sex couples as well as traditional couples
Side-Note: On February 2, 2013 President Obama signed a law increasing the SCRA foreclosure protection from 90 days after military discharge to 9 months. Unfortunately this extension ends midnight January 1 2015.
However, part of the law says that before the extension ends President Obama wants to know how many people have used this extension.
Next week, more on the SCRA or the Service members Relief Act.
Most importantly how to get the damn thing started.

SCRA or Service Member’s Relief Act

And so once again, I am a Paralegal I am not a Lawyer. So this is in no way be taken as legal advice. This is legal information only. Also let us not forget when a lawyer or a paralegal becomes your problem becomes an ISSUE.
As I said last week, with the end of the “Unemployment insurance gray train is over.” I think information about Bankruptcies will be very important. There are 3 types of bankruptcy most people will most often need.
As a veteran, I want to talk about is the SCRA or Service Member’s Civil Relief Act bankruptcy 1st. It was created in 1940 with the name of Soldiers and Sailor’s Act. This act can be found at 50 U.S.C. app. §§ 501 et seq.
The right to file for SCRA bankruptcy lasts the entire term of being on active duty plus 90 days. So if things crash or you discover things have crashed while out processing you can still ask for SCRA protection.
The major thing about the SCRA is a soldier or sailor’s wife or husband can start a SRCA for Bankruptcy protection. While a soldier or sailor is out of contact and or busy fighting for our country. Using the SRCA you can get help with debts like, past due credit cards, mortgage payments, back taxes and lease evictions.
It goes back to the promise we make our service personal, ‘If you risk all to protect us, we’ll protect the loved ones you leave behind.’
Okay, if your family’s major money maker is on active duty overseas or stationed someplace like and a creditors wants to file for a default on debt complaint. A creditor must file an affidavit proving that the military debtor is available. That they had made every effort to contact the active duty debtor and s/he has ignored the situation. This must be done before the judgment can be entered. If creditor does get the default judgment, you or your lawyer or legal service can file an affidavit telling the court that yes the military debtor was not available. This will stop things until the military debtor can be contacted. If the creditor challenges your affidavit the trustee can’t decide who is telling the truth h/she can appoint an attorney to protect the military debtor. Also another option the Trustee could make the creditor pay a bond before allowing a default go into collections.
SIDE-NOTE: A Bankruptcy Trustee 9.9 times out of ten is a lawyer employed by the Federal Bankruptcy courts. A Trustee more or less act as the judge in administering the bankruptcy cases making sure everything is done correctly.
SIDE-NOTE: A surety bond is an amount of money equal to the current market value of the property the Trustee is going to allow the creditor to take. The bond will be held by the court until the Trustee is sure no one was cheated.
Next week I am going to repost an article about presidential orders. Then I will move back to bankruptcy. Also I should have my scheduling problems worked out.

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