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understanding bankruptcy laws

A 2nd mortgage loan after a bankruptcy is the easiest way to access cash. With online sub prime lenders, you can qualify for a mortgage as soon as your bankruptcy closes. But for near conventional rates, it is better to wait two years and build a solid credit history. Bankruptcy And Sub Prime Lenders Millions of people file for bankruptcy every year for many understandable reasons, such as job loss or illness. Sub prime lenders understand this and are willing to lend to such people Specializing in high risk loans with unconventional terms, sub prime lenders can work out financing for virtually anyone. Legitimate lenders will offer rates that are competitive
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Ouch! Bankruptcy is Expensive

Thinking about filing for bankruptcy? There are significant upfront costs. The purpose of this article is to give you a general idea of what to expect.

Your minimum cost will be around $350 if you prepare your own forms that you download for free from the courts. These forms are complicated and will take a long time to complete.

COST #1 - CREDIT COUNSELING CERTIFICATE & BUDGET Budget: $50-$60

One of the first things that you will need to do is to contact a court-approved credit counselor. Counseling sessions take anywhere from 45 minutes to 2 hours. Following this counseling, you will receive a certificate and budget which must be filed with the court along with your bankruptcy paperwork. This has to be done within six months before filing your bankruptcy petition. Many of counseling services offer on-line or telephone counseling. If you have a lawyer, sometimes the fee is part of the cost charged by your attorney.

In some cases, this fee can be waived waived or reduced.

COST #2 - PREPARING YOUR BANKRUPTCY PETITION Budget: $0 - $800 +

A. Bankruptcy Lawyers

With the complexities of the new bankruptcy laws, you are wise to hire an attorney. The problem is that the reform bill has made bankruptcy so complicated that attorneys have had to raise their rates. On the low end, I have found some attorneys who charge approximately $800. More likely, you are looking at $1,500 to $2,500 in attorney fees.

Some attorneys will let you pay their fees in installments. If the installments are through a financing house, find out what the interest rate is!

There may be pro bono (free) services available. Check with your State Bar Association to see if there are any attorneys who will handle bankruptcy petitions on a pro bono basis.

B. Document Preparers or Paralegals

If you cannot afford an attorney but are nervous about preparing your own form, a document preparer or paralegal can help. Plan on around $200-$400 for these services. Document preparers cannot give you legal advice or represent you in court.

C. Debt Relief Agency

Attorneys, document preparers, or anyone else engaged in the business of preparing and/or filing bankruptcy forms are considered to be "debt relief agencies," as defined in the Code. A debt relief agency is required to tell you upfront what work will be performed and what exactly it will cost.

D. Bankruptcy Forms and Software

"Fillable" forms range from $0.00 (provided by the bankruptcy courts with minimal instructions) to approximately $700.00. You really should hire an attorney, but if you cannot afford one, many of the forms offer step-by-step guidance, sort of like income tax software that you may have used. You can find some good software packages for under $50.

E. Court Filing Fees

Plan on at least a $250-$300 court filing fee. Check with your local bankruptcy court to get the exact figure.

COST #3 - MORE TO THE CREDIT COUNSELOR

When it's all said and done, you need to get a "pre-discharge bankruptcy education certificate." The average cost is $50.

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This article is not intended to be legal advice, but a simple guide to help you budget and plan for a bankruptcy filing. You can find links to the courts, court-approved credit counselors, attorney searches and affordable software packages at: http://www.bankruptcy-filing.com.



About the author:

For over 20 years, Deborah has worked as a paralegal for large and small firms. http://www.Bankruptcy-Filing.com is one of the websites she developed due to client demand.

Deborah Beeksma

south carolina bankruptcy

Thanks to the new bankruptcy reform laws, many Americans who are overburdened by their credit card debt will no longer qualify for Chapter 7 bankruptcy protection. However, consumers need to know that an alternative exists for people to walk away from 100% of that debt, without bankruptcy, consolidation, or refinancing. The program is applicable to all major credit cards, unsecured lines-of-credit, and signature loans. The process that is used to discharge debt is based off of U.S. Supreme Courts decisions, Title 15 United State Code (USC) section 1692, the Fair Debt Collections Practices Act, section 1601, the Fair Credit Billing Act, the Uniform Commercial Code (UCC), section 203, and numerous Banking
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Have you been through a bankruptcy? Have you wondered whether you could possibly refinance your mortgage loan or obtain any mortgages after bankruptcy? You will be pleased to learn that there are mortgage lenders that will help you obtain a mortgage loan and even save you money by lowering your monthly payments. Local mortgage lenders are ready to help you find the best refinancing package available for your special circumstances. Having to file a bankruptcy does not have to mean you are stuck with a high interest rate and less than desirable mortgage terms. Mortgage lenders will consider refinancing mortgages after bankruptcy because the risks involved in refinancing mortgages are
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