Archive for the ‘Uncategorized’ Category

How To Value Your Property For Your Schedules

Monday, January 17th, 2011

When you leave your attorney’s office and sit down to fill out your bankruptcy paperwork, one of the most difficult tasks is figuring out what amount to list as the value for your property. Most people do not want to put anything down that may not be completely accurate but some values are more difficult to arrive at than others.

For instance, when determining the value of a late model vehicle, it is an easy process of visiting the website of NADA (nada.com) or Kelly Blue Book (kbb.com). Just select the year, make and model of your vehicle and the value is presented. Often less valuable items such as inoperable vehicles and household furnishings are the most difficult for people to assign a value.

As a general rule, you should list most items using a “yard sale” value. If you were to set your possessions out in your front yard and hold a one day sale, what would the items sell for? For an old car which is no longer working without some expense, ask yourself what you would pay for the car in its current state, not what you would pay after the car is fixed or refurbished. This is the most proper methods to use when assigning values to your possessions.

Written by: Kenneth Elmer (Bond, Botes, Reese & Shinn, P.C.), Jasper & Birmingham, AL

What If I Want To Pay A Particular Creditor After Bankruptcy?

Tuesday, December 21st, 2010

A debtor may repay as many dischargeable debts as desired after filing under Chapter 7. By repaying one creditor, a debtor does not become legally obligated to repay any other creditor. The only dischargeable debt that a debtor is legally obligated to repay after filing under Chapter 7 is one for which the debtor and the creditor have entered into what is called a reaffirmation agreement. If the debtor was not represented by an attorney in negotiating the reaffirmation agreement with the creditor, the reaffirmation agreement must be approved by the court to be valid. If the debtor was represented by an attorney in negotiating the reaffirmation agreement, the attorney must file the agreement and a statement with the court in order for the agreement to be valid. If a dischargeable debt is not covered by a reaffirmation agreement, a debtor is not legally obligated to repay the debt, even if the debtor has made a payment on the debt since filing under Chapter 7, or has agreed in writing to repay the debt, or has waived the discharge of the debt.

Written By:  Bradford W. Botes

Will I have to go to court if I file bankruptcy?

Friday, November 19th, 2010

Yes, you will have to go to the courthouse at least once for the Meeting of Creditors hearing.  This meeting is usually held about a month after your bankruptcy petition is filed with the court.  This hearing gives your creditors and the bankruptcy trustee an opportunity to ask you questions under oath regarding your assets and liabilities.  This meeting is informal, meaning a judge does not preside over the hearing and it may not even be held in an actual courtroom.  Instead, the bankruptcy trustee or bankruptcy administrator directs this meeting.

Your attendance at the Meeting of Creditors is mandatory.  You will receive a notice in the mail from the bankruptcy court, usually within a week of filing, giving you the date and time that you must attend this hearing.  You can usually expect to be at this meeting anywhere from 10 minutes to an hour.  It really depends on where you fall on the docket for that day.

You should receive instructions from your attorney on what to bring to this meeting.  If you have filed a chapter 13, it is important that you make at least one payment prior to this meeting and bring proof of that payment with you to court. 

Written by:  Mary Conner Pool – Bond, Botes, Shinn & Donaldson, P.C. (Montgomery & Selma)

Beware of Loan Modification Scams

Friday, November 12th, 2010

Almost daily our attorneys meet with individuals who have been scammed out of large sums of money with the promise of getting their mortgages modified.  A good rule to be reminded of is . . . if it sounds too good to be true, it probably is.

If you receive a call from someone telling you that you can get your mortgage modified if you send them $2,000 (or some other amount).  Do not send them money.  A third party cannot force your mortgage company to modify your mortgage regardless of the amount of money you pay them.  These companies are charging you money for what you can do for FREE.

The best way to modify your mortgage is to deal directly with your mortgage company.  Contact the loan loss mitigation department at your mortgage company to discuss your modification options.  Usually, your mortgage company will send you information by mail to get the modification process started. 

If you have already fallen for this scam, you are not alone!  It is important for you to consult with an attorney to understand all of your options.

If you are facing foreclosure or have fallen behind on your mortgage payments, call your local Bond & Botes law office today for a free consultation with an attorney to understand your rights. 

Written by:  Mary Conner Pool – Bond, Botes, Shinn & Donaldson, P.C. (Montgomery and Selma)

Do Debt Consolidation/Settlement Agencies Really Work?

Tuesday, November 2nd, 2010

 

Today, maybe more so than ever, many Americans find themselves struggling with too much debt. With unemployment at a 26 year high, record foreclosures and a financial industry seemingly oblivious to these hardships, countless people everyday find that they can no longer make ends meet and continue to pay their debts. These people are not nameless, faceless, carefree beings that simply chose not to pay their bills; they are good, hard working people stressed with trying to raise and provide for their families in the face of these very difficult times. Bankruptcy is the last thing most people want to consider. 

Enter the “Debt Consolidation/Settlement” agencies. Realizing the current economic and financial environment combined with people’s desire to avoid bankruptcy, Debt Consolidation/Settlement companies are popping up everywhere. And they promise the best of both worlds: pay back your debt, at least a percentage of it, and avoid filing bankruptcy. But do they work? 

A recent article from CNN (see link below) shines some light on these companies and details some new regulations regarding when and how they collect there fees. While the new regulations are very limited (it only applies to companies that use telemarketing to contact people), it is a step in the right direction. Hopefully, as more people become aware of how misleading Debt Consolidation/Settlement companies are, more laws and regulations will be passed that are designed to protect good, hardworking people who are only trying to do the right thing. 

http://money.cnn.com/2010/10/27/pf/debt_settlement_fee_rule/index.htm 

Every Bond and Botes office offers a free, no obligation consultation. This consultation allows you to discuss your personal financial situation with an attorney familiar with debt settlement, credit counseling, debt consolidation, personal finance, as well as bankruptcy. We believe it is always a good idea to educate yourself as much as possible before making any decisions regarding your finances. Deciding how you handle this situation is very important. Let us know if we can help. 

Written by:  Cynthia T. Lawson – Bond, Botes & Lawson, P.C. (Knoxville & Loudon, Tennessee)

What are exemptions and why are they important?

Friday, October 29th, 2010

In your bankruptcy case you have to list all your assets and all your liabilities.  Your assets are the things that you own, and each state allows you take certain specified exemptions on some or all of your assets.  These exemptions allow you to protect your belongings, up to that stated amount.  There are several types of exemptions for certain categories of property, and you are allowed to take the maximum amount of each exemption, if you have those items.  If the value of what you own is less than the allowed exemption amount, then that entire item is exempt.  If the value of your property is more than the allowed exemption amount, then you can protect only the allowed amount and the overage is paid to your unsecured creditors through your chapter 13 plan payments or in a chapter 7, the trustee may sell an asset that is unprotected.  The exemptions are important because they protect your property from creditors.

Written by: Amy M. Hampton – Bond, Botes, Shinn & Donaldson, P.C. (Selma)