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	<title>Ask Liz Weston &#187; Bankruptcy</title>
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	<link>http://asklizweston.com</link>
	<description>Personal Finance Columnist</description>
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		<title>Bankruptcy may be the best of bad options</title>
		<link>http://asklizweston.com/2012/01/23/bankruptcy-may-be-the-best-of-bad-options/</link>
		<comments>http://asklizweston.com/2012/01/23/bankruptcy-may-be-the-best-of-bad-options/#comments</comments>
		<pubDate>Tue, 24 Jan 2012 00:06:05 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[credit counseling]]></category>
		<category><![CDATA[debt management plans]]></category>
		<category><![CDATA[federal student loans]]></category>
		<category><![CDATA[foreclosure]]></category>
		<category><![CDATA[private student loans]]></category>
		<category><![CDATA[short sales]]></category>
		<category><![CDATA[Student Loans]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3201</guid>
		<description><![CDATA[Dear Liz: I am having a terrible time with my finances. I am a single woman with no kids, and I work as a teacher at a charter school making $40,000 a year. I am working with a debt management program to pay off my credit cards. But I am constantly late in paying my [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I am having a terrible time with my finances. I am a single woman with no kids, and I work as a teacher at a charter school making $40,000 a year. I am working with a debt management program to pay off my credit cards. But I am constantly late in paying my bills and often bounce checks, which costs me money I don&#8217;t have to cover the fees. I can&#8217;t even save. I&#8217;m actively seeking another job or an additional part-time job, but no luck so far. I am in default on my student loans (they want me to pay $700 a month, but I can&#8217;t). I am very depressed and am so tired of this. I have holes in my tennis shoes and I can&#8217;t afford new ones. I am on a strict budget, I use coupons, don&#8217;t go out much anymore (which makes me more depressed because I am cooped up all the time). I have house problems that I need to deal with but can&#8217;t. I hate living like this. I honestly don&#8217;t know what to do. Please help.</p>
<p><strong>Answer:</strong> The first thing you need to do is opt out of your bank&#8217;s bounced-check protection program. You may think you need to borrow money this way to make ends meet, but as you&#8217;ve discovered, it&#8217;s driving you further into the hole.</p>
<p>Next, rethink your participation in the debt management program. It was honorable of you to try to avoid bankruptcy, but it&#8217;s pretty clear you can&#8217;t afford to continue with this program if doing so leaves you in default on your student loan obligations. Credit card debts can be erased in Bankruptcy Court; student loan debt can almost never be wiped out that way.</p>
<p>If you have federal student loans, you may be able to qualify for the income-based repayment program, which caps your payment at a reasonable amount and erases any remaining balance after 10 years in a public service job (such as teaching in the public school system). Otherwise, the balance is erased after 25 years of payments. If you have private loans, you have far fewer options for repayment, but wiping out the credit card debt would free up more money to pay these loans back. Talk to your lenders to see what options you may have.</p>
<p>Another factor to consider is how much you&#8217;re spending on housing. If you own a home, the mortgage and related home-owning costs may simply be too much for you on your current income. Getting rid of the house in a short sale, or even letting it go into foreclosure, may be a far better option than continuing to cling to a home you can&#8217;t afford.</p>
<p>Bankruptcy, short sales and foreclosures are all drastic options. But some financial problems are so great that a drastic solution is the only reasonable choice if you ever want to get back on your financial feet.</p>
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		<title>Recovering from bankruptcy takes 5+ years</title>
		<link>http://asklizweston.com/2011/11/07/recovering-from-bankruptcy-takes-5-years/</link>
		<comments>http://asklizweston.com/2011/11/07/recovering-from-bankruptcy-takes-5-years/#comments</comments>
		<pubDate>Mon, 07 Nov 2011 18:02:05 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Credit Scores]]></category>
		<category><![CDATA[credit scoring]]></category>
		<category><![CDATA[FICO]]></category>
		<category><![CDATA[FICO scores]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3090</guid>
		<description><![CDATA[Dear Liz: I filed for bankruptcy this year. There was no way to avoid it. What do I do to start reestablishing credit and raising my credit score? How long does it take for life to get back to normal so that I can go to a regular car dealership to buy a vehicle instead [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I filed for bankruptcy this year. There was no way to avoid it. What do I do to start reestablishing credit and raising my credit score? How long does it take for life to get back to normal so that I can go to a regular car dealership to buy a vehicle instead of using some seedy automobile dealership with 22% rates?</p>
<p><strong>Answer:</strong> It can take five years after a bankruptcy for your FICO credit scores to return to the 680 range, which is about where auto loan interest rates start to get more reasonable. People with FICOs in the 660 to 690 range got interest rates averaging about 7.5%, according to the <a href="http://myfico.com/">MyFico.com</a> site, compared with 11% and up for those with lower scores. It can take seven or more years to boost your scores above 720, which is where the truly low rates (4% and below) can be had.</p>
<p>To rehabilitate your scores as quickly as possible, first review your credit reports at <a href="http://www.annualcreditreport.com/">http://www.annualcreditreport.com</a> to make sure all the debts that were included in bankruptcy are listed that way. If you have any open credit card accounts, use them lightly but regularly and pay them off in full every month. &#8220;Lightly&#8221; means using less than 30% of your credit limits. If you don&#8217;t have a card, consider applying for a secured card, which gives you a credit limit equal to an amount you deposit with the issuing bank, typically $200 to $1,000. You can find secured card offers at several websites, including <a href="http://lowcards.com/">LowCards.com,</a> <a href="http://creditcards.com/">CreditCards.com,</a> <a href="http://cardratings.com/">CardRatings.com</a> and <a href="http://nerdwallet.com/">NerdWallet.com.</a></p>
<p>After a year or so, consider adding an installment loan such as a personal loan or an auto loan to your credit mix. A credit union may give you a more reasonable rate than a traditional bank. Paying off that loan should help boost your scores.</p>
<p>Don&#8217;t close accounts or apply for a bunch of new accounts. Pay all your bills on time and don&#8217;t let disputes or medical bills wind up in collections.</p>
<p>There aren&#8217;t any quick fixes, so don&#8217;t waste your money on credit repair firms or other pitches that promise instant results. What will repair your score is using credit responsibly over time.</p>
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		<title>Like elephants, some card companies never forget</title>
		<link>http://asklizweston.com/2011/09/19/like-elephants-some-card-companies-never-forget/</link>
		<comments>http://asklizweston.com/2011/09/19/like-elephants-some-card-companies-never-forget/#comments</comments>
		<pubDate>Mon, 19 Sep 2011 15:54:02 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[Debts]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3001</guid>
		<description><![CDATA[Dear Liz: I was recently solicited by a credit card company. I didn&#8217;t need another credit card, but this offered airlines miles that I collect, so I applied. They didn&#8217;t approve the application because: &#8220;You have filed for bankruptcy and your previous account(s) with us was included in that filing. This includes any of your [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I was recently solicited by a credit card company. I  didn&#8217;t need another credit card, but this offered airlines miles that I  collect, so I applied. They didn&#8217;t approve the application because:  &#8220;You have filed for bankruptcy and your previous account(s) with us was  included in that filing. This includes any of your accounts issued by  (us) such as Visa, MasterCard, store cards or gas cards.&#8221; Liz, the  bankruptcy was 12 years ago, and I am very well financially situated  now. I thought there was an expiration date on bankruptcies appearing on  your credit report.</p>
<p><strong>Answer:</strong> There is. Bankruptcies have to be removed from your credit reports after 10 years.</p>
<p>Individual  lenders, though, are allowed to have much longer memories. And some  have opted not to forget. If you ever file a bankruptcy that wipes out  debt on one of the accounts they issue, they may never again approve you  for credit. That&#8217;s perfectly legal.</p>
<p>Not all lenders are so unforgiving, of course, and those who  don&#8217;t know about your bankruptcy likely will be perfectly willing to  extend you credit as long as your credit scores are good. But you&#8217;re  probably wasting your time trying to induce this once-spurned lender to  change its mind.</p>
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		<title>Bankruptcy won&#8217;t erase student loans</title>
		<link>http://asklizweston.com/2011/09/06/bankruptcy-wont-erase-student-loans/</link>
		<comments>http://asklizweston.com/2011/09/06/bankruptcy-wont-erase-student-loans/#comments</comments>
		<pubDate>Tue, 06 Sep 2011 17:26:46 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Student Loans]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2974</guid>
		<description><![CDATA[Dear Liz: I was hurt on the job and was fired. I have a lawyer helping me fight the company, but I have no income and I&#8217;m being haunted by collection agencies. I owe $5,000 on credit cards and have a student loan that started at $20,000 but is now $30,000. I was thinking of [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I was hurt on the job and was fired. I have a lawyer  helping me fight the company, but I have no income and I&#8217;m being haunted  by collection agencies. I owe $5,000 on credit cards and have a student  loan that started at $20,000 but is now $30,000. I was thinking of  filing for bankruptcy. I have nothing, and I feel bad all the time. I  can&#8217;t afford Christmas or birthday presents or find a job that I can do.  Any advice would be helpful.</p>
<p><strong>Answer:</strong> Bankruptcy could wipe out your credit card debt but   probably won&#8217;t erase your student loans. Student loan debt usually can&#8217;t  be discharged in bankruptcy unless you&#8217;re totally and permanently  disabled. Since you&#8217;ve been looking for work, that doesn&#8217;t seem to be  your situation.</p>
<p>Besides, filing for bankruptcy costs money that you probably don&#8217;t have. A Chapter 7 filing can easily cost $1,500.</p>
<p>What you might want to do instead is discuss your situation with a  bankruptcy attorney to find out if you might be &#8220;judgment proof.&#8221; If you  are, your creditors can still sue you, but they&#8217;ll be unable to collect  — at least until your circumstances improve.</p>
<p>Many bankruptcy attorneys offer free or discounted initial sessions. You  can get a referral from the National Assn. of Consumer Bankruptcy  Attorneys, or find an attorney through its website at <a href="http://www.nacba.org/">http://www.nacba.org</a>.</p>
<p>In the meantime, you can visit <a href="http://www.debtcollectionanswers.com/">DebtCollectionAnswers.com</a> for strategies on how to deal with collection agencies when you can&#8217;t pay.</p>
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		<title>Big debts may not justify bankruptcy</title>
		<link>http://asklizweston.com/2011/05/09/big-debts-may-not-justify-bankruptcy/</link>
		<comments>http://asklizweston.com/2011/05/09/big-debts-may-not-justify-bankruptcy/#comments</comments>
		<pubDate>Mon, 09 May 2011 18:21:29 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Budgeting]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[credit counseling]]></category>
		<category><![CDATA[Debts]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2768</guid>
		<description><![CDATA[Dear Liz: You dropped the ball badly in your response to the man who was in debt after an ill-advised career change. Why didn&#8217;t you mention the &#8220;B&#8221; (bankruptcy) word? Like the gentleman in your article, my wife and I found ourselves overloaded with debt. We took on too much debt in starting our own [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> You dropped the ball badly in your response to the  man who was in debt after an ill-advised career change. Why didn&#8217;t you  mention the &#8220;B&#8221; (bankruptcy) word? Like the gentleman in your article,  my wife and I found ourselves overloaded with debt. We took on too much  debt in starting our own small business in 2005. Things went very well  for a couple of years and then we, like the rest of America, got caught  up in the Great Recession. We went through consumer credit counseling  and the counselor advised us that bankruptcy was an option we should  consider. We filed in November 2010 and it was finalized in January  2011. We were able to keep our business. We also kept our house and our  vehicles, which have loans outstanding, by &#8220;reaffirming&#8221; those debts.  Bankruptcy is not a crime. It is the last resort, and it is unpleasant  but it is an option. And here&#8217;s the kicker for us: Two months after the  finalization of our bankruptcy, both my wife and I started receiving  credit card offers in the mail (again). Don&#8217;t worry, history will not  repeat itself in our case.</p>
<p><strong>Answer:</strong> Bankruptcy is frequently  mentioned in this column as a possible solution for overwhelming debt.  Having a lot of debt isn&#8217;t the same as being overwhelmed by it, however.  What matters is whether you&#8217;re able to make sufficient progress on  paying down that debt.</p>
<p>The gentleman in question might discover  that getting rid of a too-expensive house frees up money to pay down the  family&#8217;s debt. Otherwise, it would be smart to talk to both a  legitimate credit counselor (the National Foundation for Credit  Counseling, at <a href="http://www.nfcc.org/">http://www.nfcc.org,</a> has referrals) and an experienced bankruptcy attorney (referrals from  the National Assn. of Consumer Bankruptcy Attorneys are at  http://www.nacba.orghttp://www.nacba.org).</p>
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		<title>Don&#8217;t count on bank&#8217;s &#8220;goodwill&#8221;</title>
		<link>http://asklizweston.com/2011/04/04/dont-count-on-banks-goodwill/</link>
		<comments>http://asklizweston.com/2011/04/04/dont-count-on-banks-goodwill/#comments</comments>
		<pubDate>Mon, 04 Apr 2011 17:04:31 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[bank fees]]></category>
		<category><![CDATA[banking]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2679</guid>
		<description><![CDATA[Dear Liz: I opened a free checking account at a bank that has since been bought out by another. Recently the new owners started charging a $10 monthly service fee. How are they allowed to do this? Aren&#8217;t accounts &#8220;grandfathered&#8221;? Or is that up to the bank? In today&#8217;s economy with unemployment so high and [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I opened a free checking account at a bank that has  since been bought out by another. Recently the new owners started  charging a $10 monthly service fee. How are they allowed to do this?  Aren&#8217;t accounts &#8220;grandfathered&#8221;? Or is that up to the bank? In today&#8217;s  economy with unemployment so high and more and more people, like me,  living below the poverty level, this seems a step backward for any bank.  With the recent bank bailouts and the bad reputation banks have, it  would seem that &#8220;goodwill&#8221; would matter at least a little. When I asked  the teller to justify the change she replied, &#8220;This is a huge bank. We  don&#8217;t have to justify anything we do.&#8221;</p>
<p><strong>Answer:</strong> Your teller gave you your answer. Goodwill doesn&#8217;t count for much when banks are trying to maximize revenue.</p>
<p>And  there&#8217;s certainly no law requiring the new owner to honor the old  bank&#8217;s promises. The new owners can charge new fees, alter policies and  change interest rates on savings accounts and certificates of deposit.</p>
<p>Checking  account fees are making a big comeback lately. Banks are claiming these  new fees are necessary because regulators restricted one of their big  sources of income: bounce fees. Starting last summer, banks were  required to get customers&#8217; permission before signing them up for  &#8220;courtesy overdraft&#8221; services that allowed the banks to charge $35 or so  each for over-limit transactions. When finally given the choice, many  of those customers declined to opt in to the expensive programs and  bounce fee income plummeted.</p>
<p>So banks are experimenting with other  fees, but you still have options. Often the fees are waived if you  maintain a minimum account balance, for example. In your case, that  might be tough, so you might want to consider moving your accounts to  another bank or a credit union. Credit unions are member-owned financial  institutions, and many still offer free checking or have lower fees for  low-balance accounts. To see which credit unions you might join, visit <a href="http://findacreditunion.com/">http://www.findacreditunion.com</a>.</p>
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		<title>Even bankruptcy doesn&#8217;t kill your scores forever</title>
		<link>http://asklizweston.com/2011/03/07/even-bankruptcy-doesnt-kill-your-scores-forever/</link>
		<comments>http://asklizweston.com/2011/03/07/even-bankruptcy-doesnt-kill-your-scores-forever/#comments</comments>
		<pubDate>Mon, 07 Mar 2011 18:48:49 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Credit Scores]]></category>
		<category><![CDATA[credit scoring]]></category>
		<category><![CDATA[FICO]]></category>
		<category><![CDATA[FICO scores]]></category>
		<category><![CDATA[mortgages]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2629</guid>
		<description><![CDATA[Dear Liz: In my late teens, I bought a fairly new race car despite my minimum wage job. I soon realized that car payments and insurance premiums would require more than what I was being paid. A friend suggested that I should declare bankruptcy and let the bank take the car away. I am not [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> In my late teens, I bought a fairly new race car  despite my minimum wage job. I soon realized that car payments and  insurance premiums would require more than what I was being paid. A  friend suggested that I should declare bankruptcy and let the bank take  the car away. I am not blaming anyone and should have done my research.  Now it has been almost 10 years and I am making close to $60,000. I have  always paid my bills on time since the bankruptcy, but the bankruptcy  remains on my credit report until July 2011. I would like to buy a house  soon, but I wanted to start looking now. Even though it&#8217;s been 10  years, I worry the bankruptcy is going to cost me higher rates and a  bigger down payment. Should I wait until August to start applying for a  home loan?</p>
<p><strong>Answer:</strong> If you&#8217;ve been paying your bills on time  since the bankruptcy and have reestablished credit, much of the  effect  of your filing should have been erased by now. Where you might be in  trouble is if you didn&#8217;t reestablish credit and instead have paid in  cash all these years. Then there would be little new, positive  information to offset your mistake.</p>
<p>Before you apply for any major  loan, you should see where you stand with lenders, and that requires a  peek at your FICO credit scores. You can buy two of your three FICOs at  MyFico.com for $19.95 each. (Your third FICO score is not available  because one of the credit bureaus, Experian, no longer sells FICOs to  consumers although it continues to sell them to lenders.)</p>
<p>Checking  your own scores does not hurt your credit rating, and it&#8217;s an essential  step so you know what you&#8217;re likely to face when you start shopping for  a loan. Although the picture you&#8217;ll get is somewhat incomplete, since  you can&#8217;t see your Experian FICO, you&#8217;ll have at least some idea of  whether you&#8217;ll pay a higher interest rate. Charts at  MyFico.com can let  you know what interest rate to expect on a mortgage given your scores. A  loan professional can give you an idea of how big a down payment you&#8217;re  likely to need.</p>
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		<title>Don&#8217;t drain your retirement to pay debts</title>
		<link>http://asklizweston.com/2011/02/21/dont-drain-your-retirement-to-pay-debts/</link>
		<comments>http://asklizweston.com/2011/02/21/dont-drain-your-retirement-to-pay-debts/#comments</comments>
		<pubDate>Mon, 21 Feb 2011 21:42:53 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Retirement]]></category>
		<category><![CDATA[Debts]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2612</guid>
		<description><![CDATA[Dear Liz: My husband and I are struggling with whether to file for bankruptcy. We have $80,000 in credit card debt, which has ballooned because of high interest rates and our paying only the minimum. My husband and I were both laid off in 2008. I collected unemployment for not quite a year and still [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> My husband and I are struggling with whether to file  for bankruptcy. We have $80,000 in credit card debt, which has ballooned  because of high interest rates and our  paying only the minimum. My  husband and I were both laid off in 2008. I collected unemployment for  not quite a year and still have not been able to find work. My husband  found a job after a year and a half, but then was injured at work and  faces another four to six months of recovery, so he is  receiving only  67% of his former wage. Now we can&#8217;t  keep up with our bills. We have  stopped paying three of our credit cards and are getting hounded to no  end. We are trying to sell our house but even that is not selling. We  have nothing left. No retirement, no savings, just debt. We are  drowning. We both have such a hard time with the idea of filing for  bankruptcy, but is it time?</p>
<p><strong>Answer: </strong>People can sometimes avoid bankruptcy if they seek help  early enough. If they&#8217;re able to pay more than the minimums on their  credit cards, for example, they may be able to use a legitimate credit  counselor&#8217;s debt management plan to pay off their debt.</p>
<p>But debt management plans require that you have at least some disposable  income. If you can&#8217;t keep up with your bills or find employment,  that  doesn&#8217;t describe your situation.</p>
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<p>You still can contact a creditor counselor via the National Foundation for Credit Counseling at <a href="http://nfcc.org/">http://www.nfcc.org,</a> but you also should contact an experienced bankruptcy attorney (you can  get referrals from the National Assn. of Consumer Bankruptcy Attorneys  at <a href="http://nacba.org/">http://www.nacba.org</a>). You may not want to file, but you may not have much choice, particularly if you want the collection calls to stop.</p>
<p>What&#8217;s especially sad is that you apparently drained your retirement to  pay your bills. Your retirement money would have been protected from  creditors, but you essentially threw good money after bad. Retirement  money should be left alone for retirement, so you can support yourself  in your old age. Anyone who&#8217;s considering draining a retirement account  or home equity to pay credit card debt or medical bills should first  consult a bankruptcy attorney to understand the ramifications of this  often-foolish act.</p>
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		<title>What to do when bankruptcy won&#8217;t work</title>
		<link>http://asklizweston.com/2011/01/31/what-to-do-when-bankruptcy-wont-work/</link>
		<comments>http://asklizweston.com/2011/01/31/what-to-do-when-bankruptcy-wont-work/#comments</comments>
		<pubDate>Mon, 31 Jan 2011 17:32:16 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[credit counseling]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[debt settlement]]></category>
		<category><![CDATA[Debts]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2564</guid>
		<description><![CDATA[Dear Liz: I am 70 and still working hard to retire attorney fees from my divorce while paying my daughter&#8217;s college tuition. I met with a bankruptcy attorney and got not-very-encouraging news. The attorney told me it would cost $2,000 to file for bankruptcy and there was no guarantee that my $36,000 in credit card [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I am 70 and still working hard to retire attorney  fees from my divorce while paying my daughter&#8217;s college tuition. I met  with a bankruptcy attorney and got not-very-encouraging news. The  attorney told me it would cost $2,000 to file for bankruptcy and there  was no guarantee that my $36,000 in credit card debt would be retired.  Instead, I might have to repay the debt over two to five years. He left  me with the impression that there would be no debt relief, just a delay  with a set repayment schedule. I have made no decision about how I will  proceed, but the credit card payments are killing me. Can you advise?</p>
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<p><strong>Answer:</strong> Not everyone can  qualify for a Chapter 7 liquidation bankruptcy, which typically erases  credit card debt. If your income is above the median for your area, or  you&#8217;re trying to protect assets that would be taken in a Chapter 7 case,  you could wind up in Chapter 13 bankruptcy, which requires a repayment  plan.</p>
<p>The best way out of your situation may be to buckle down and  pay off the debt as quickly as you can, even if it means your  daughter&#8217;s taking a sabbatical from school for a while. You also could  sell or cash in some non-retirement assets, if you have them, to pay off  your debt.</p>
<p>If you really can&#8217;t afford these bills, you could  contact a legitimate credit counselor such as one affiliated with the  National Foundation for Credit Counseling at <a href="http://nfcc.org/">http://www.nfcc.org</a> to see if you could swing a debt management plan that would allow you to pay off these bills at a lower interest rate.</p>
<p>If  that won&#8217;t work, another option is to try to negotiate a settlement  with your creditors. Settlements trash your credit scores, and your  creditors could sue you if you stop paying your bills, so this solution  isn&#8217;t for the faint of heart. You may want to return to that attorney  and ask for guidance before you take such a drastic step.</p>
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		<title>Creditors may go after your equity</title>
		<link>http://asklizweston.com/2011/01/17/creditors-may-go-after-your-equity/</link>
		<comments>http://asklizweston.com/2011/01/17/creditors-may-go-after-your-equity/#comments</comments>
		<pubDate>Mon, 17 Jan 2011 22:17:42 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Creditors]]></category>
		<category><![CDATA[creditors' claims]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[Home Equity]]></category>
		<category><![CDATA[homestead]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2533</guid>
		<description><![CDATA[Dear Liz: I am 72 and have some credit card debt I can&#8217;t pay. I live on Social Security and a small pension and am still paying a mortgage on a house I own in another state. (I&#8217;m currently renting.) I&#8217;ve been trying to sell the house for quite some time with no success. Can [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I am 72 and have some credit card debt I can&#8217;t pay. I  live on Social Security and a small pension and am still paying a  mortgage on a house I own in another state. (I&#8217;m currently renting.)  I&#8217;ve been trying to sell the house for quite some time with no success.  Can my creditors take my income or my house?</p>
<p><strong>Answer:</strong> Creditors other than the federal government are not allowed to garnish  your Social Security benefits. Many pensions are exempt as well.</p>
<p>Your  equity in your home, however, may be fair game. States have &#8220;homestead  exemptions&#8221; that protect a certain amount of equity in a primary  residence, with the amount varying by the state. But creditors may be  able to go after equity above those amounts, or any equity in a property  that&#8217;s not your primary residence.</p>
<p>You need to find an  experienced bankruptcy attorney familiar with the laws of both states to  give you advice. You can get referrals from the National Assn. of  Consumer Bankruptcy Attorneys at http://www.nacba.org.</p>
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