The Pitfalls of Procrastination: Don’t Delay Filing for Bankruptcy

Too many people wait until their back is against the wall to file bankruptcy.  For example, they receive a notice of wage garnishment, their bank account is frozen, or their vehicle has been repossessed.  Just as it is easier in medicine to treat a disease in its beginning stages, it is much easier and much less stressful to file bankruptcy before the creditors are pressuring you in full force.

It is a misleading notion to believe that all is well as long as you are making the minimum payments on your credit cards.  First of all, you are throwing away money since the payments are only paying the interest and not the principal.  In time the creditor will sue you for the balance, and once the creditor obtains a judgment against you, there is the possibility of losing your property. Continue reading

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Why Use a Lawyer to File Bankruptcy?

Preparing a bankruptcy petition is not just a matter of filling out forms.  Trying to file bankruptcy on your own or relying on a petition preparer can result in negative consequences and missed opportunities.

A bankruptcy petition in Chapter 7 or 13 has many complex provisions.  One of the most complicated forms is the MEANS TEST.  This form alone can take over an hour to complete if you are above the median income, and you have to understand the law to fill it out correctly.  An error in the means test can lead to disastrous results such as dismissal of your petition, which can lead to loss of property.

In addition, an understanding of permissible exemptions is essential, since failing to exempt permissible property can result in the trustee requiring its sale to satisfy debts under Chapter 7, or substantially higher payments to the trustee in a Chapter 13 bankruptcy.

Also, preparing a Chapter 13 plan takes much analysis.  One who is not familiar with bankruptcy may miss many opportunities.  Just as an expert in tax law can help maximize tax savings, an expert in bankruptcy law can help identify opportunities to eliminate debt, minimize payments, and protect assets. Continue reading

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The Pitfalls of Negotiating with Creditors

Many people do not want a bankruptcy on their credit history and think that they can solve their financial issues by negotiating directly with creditors.  Think again.

First of all, in a debt renegotiation there will still be a negative impact on one’s credit score, since the debt is not being paid in full.  However, in most consumer scenarios, creditors will not negotiate with debtors unless the debtor is willing to make a lump sum payment.  The attorneys who do consumer debt collection will not make any payment plans since once they get a judgment, they can try to garnish wages or levy assets and can pursue judgments for up to 20 years. Continue reading

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The Religious Origins of Bankruptcy

Bankruptcy is not some new concept that came about as a response to the credit card and foreclosure crisis in America.  It has its roots in the book of Deuteronomy.

Deuteronomy 15:1-2 states the following: “At the end of seven years you shall institute a remission.  This is the matter of the remission.   Every creditor shall remit his authority over what he has lent his fellow;  he shall not press his fellow or his brother, for he has proclaimed a remission…” Continue reading

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Help, I’ve Fallen Into Debt and Can’t Get Out!

Q:  I just was served papers by New Century Financial.  They have already begun to garnish my wages.  Now I am afraid that I won’t have enough money to pay my electric bill this month.  I am really scared since I have this garnishment and am only getting deeper in debt.  What can I do?

A:  A Bankruptcy petition is the only way to stop wage garnishments, and it will also prevent any other creditor from harassing you or threatening to levy your bank accounts or garnish your wages.  Also, if any creditor has seized over $600 within 90 days prior to your filing for bankruptcy, you are eligible to have the funds returned to you.  To learn more about how filing for bankruptcy can help you, please visit our website at www.taieblaw.com. Continue reading

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The Loan Modification Fiasco

How many of you have seen your homes depreciate substantially in value?  Has the recession hit you hard, making it difficult for you to pay your mortgage?  Have you applied for a loan modification only to spend months sending the mortgage company documentation without satisfaction?  To add insult to injury, they keep saying that they have not received the documents.  The banks have been given 75 billion dollars by the government, and you’re not getting your modification.  Meanwhile, you are getting deeper in debt on your mortgage arrears. Continue reading

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The Mininum Payment Trap

The typical American family with credit card debt owes on average $15,799 on credit cards (1), and 56% Americans do not pay their credit card balances in full each month (2). In addition, 84% of college students (3) and 33-40% of high school students (4) have credit cards. Ironically, a higher percentage of college students (65%) (5) compared to the general population (44%) (6) paid their credit cards in full each month. Continue reading

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Lessons from Hurricane Irene

Storms can cause costly damage to homes, businesses, and vehicles.  Whether you lucked out and escaped damage or found your home flooded and without electricity, the recent hurricane gave us all a moment to reflect on our level of preparedness for natural disasters.   With many people living from paycheck to paycheck, unexpected major expenses due to storm damage could drive up debt and even lead to bankruptcy for those having trouble just getting by.  Although there is not much that you can do if you’re out of work a few days because the roads are flooded or your company has no power, you can take steps to mitigate your losses by ensuring that your health and property are well protected. Continue reading

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The Credit Card Trap

Are you wondering what your options are since you were served with a summons and complaint by New Century Financial for $6,000?  This is in addition to your $200 monthly car payment, the cost of maintaining your car, and staying current with your utilities and mortgage. Continue reading

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Stopping Utility Shutoffs in New Jersey

In the state of New Jersey the utility companies cannot just shut off your utilities.  There is a customer bill of rights that explains your options and rights if you face utility shut off orders.  In fact, New Jersey’s Board of Public Utilities has ordered the state’s biggest power company to stop shutting off power to people who were behind on their bills and were not properly notified. Continue reading

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