Posts Tagged ‘bankruptcy’

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

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)

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)

How Will Filing Bankruptcy Affect My Credit?

Wednesday, October 20th, 2010

A major concern that most of our clients have is the extent to which their credit will be affected by filing a Chapter 7 bankruptcy. Your credit will be adversely affected by filing a Chapter 7 bankruptcy. There is no question about that. The fact is that your filing will be reflected on your credit report for a period of ten (10) years from the date your petition is filed. That, however, is not the main issue. It is important to recognize that your underlying financial problems are the real cause of your negative credit, not the bankruptcy. Actually, the bankruptcy code can be the first step in re-establishing your credit. As stated, a Chapter 7 will be on your credit report for a period of ten (10) years. However, any negative or bad information currently on your credit report will stay on your credit report for a period of seven (7) years but that time period does not start until you pay off your creditors in full or it is “written off” as a bad debt. As a practical matter, your credit will be affected for a period of at least seven (7) years without doing anything. The reason we say that filing a Chapter 7 bankruptcy may be the first step in reestablishing your credit is that it provides a cut-off, or a beginning point for you to obtain a fresh start.

Written by Bradford W. Botes

Are houses protected in bankruptcy?

Friday, October 1st, 2010

The federal bankruptcy law and each state has laws that protect certain amounts of equity in residences.   As part of your bankruptcy petition your bankruptcy attorney cites the relevant federal or state law to protect that  equity.  If you have more equity in your home than the law allows to be protected under the exemption statutes in a chapter 7 you can still protect your home by filing the chapter 13 debt consolidation bankruptcy.

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