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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>Bad credit traps job seeker</title>
		<link>http://asklizweston.com/2012/01/02/bad-credit-traps-job-seeker/</link>
		<comments>http://asklizweston.com/2012/01/02/bad-credit-traps-job-seeker/#comments</comments>
		<pubDate>Mon, 02 Jan 2012 20:56:55 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Credit Bureaus]]></category>
		<category><![CDATA[Credit Reports]]></category>
		<category><![CDATA[debt]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[employment]]></category>
		<category><![CDATA[unemployment]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=3169</guid>
		<description><![CDATA[Dear Liz: How do you recover from bankruptcy? My daughter lost a very good job and got upside down with her house, so she had to file for bankruptcy. She is working now in a very low-paying job but cannot find a good job in her field of finance. Everything goes well in the interviews, [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> How do you recover from bankruptcy? My daughter lost a very good job and got upside down with her house, so she had to file for bankruptcy. She is working now in a very low-paying job but cannot find a good job in her field of finance. Everything goes well in the interviews, but then they check her records for bankruptcy. Once they learn that she was bankrupt, they will not hire her. How can she dig out of this predicament?</p>
<p><strong>Answer:</strong> Federal law prohibits employers from using a bankruptcy filing as a reason not to hire (or to fire or decline to promote) someone. However, most states allow employers to check credit reports, and employers are allowed to use the negative marks they find there as a reason to not hire someone. Since most people who file for bankruptcy have plenty of late payments and charge-offs leading up to the filing, that gives employers the legal cover they need to refuse to hire someone with a checkered financial past.</p>
<p>Interestingly, there&#8217;s no research or other evidence that indicates bad credit leads to problems on the job, such as theft or even poor performance. Yet employers continue to use credit checks to screen out job applicants for a wide variety of jobs.</p>
<p>Only six states — California, Connecticut, Hawaii, Maryland, Oregon and Washington — restrict employers&#8217; ability to check credit reports, and often there are exceptions for jobs in finance or those that involve access to large amounts of cash.</p>
<p>Unfortunately, that means your daughter&#8217;s troubled financial past may continue to haunt her for years to come unless she finds an employer willing to overlook it. Most negative marks stay on credit reports for seven years, while bankruptcies can stay on for up to 10 years.</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>
]]></content:encoded>
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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>&#8220;Eating healthy&#8221; won&#8217;t protect against medical bills</title>
		<link>http://asklizweston.com/2011/08/15/eating-healthy-wont-protect-against-medical-bills/</link>
		<comments>http://asklizweston.com/2011/08/15/eating-healthy-wont-protect-against-medical-bills/#comments</comments>
		<pubDate>Mon, 15 Aug 2011 17:04:47 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Insurance]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[health insurance]]></category>
		<category><![CDATA[medical bills]]></category>
		<category><![CDATA[medical costs]]></category>
		<category><![CDATA[medical debt]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2938</guid>
		<description><![CDATA[Dear Liz: I really enjoy the columns you&#8217;ve written about living frugally and especially appreciate when you discuss healthcare expenses. I find it extraordinarily frustrating when people who promote a frugal lifestyle answer that they keep healthcare expenses down by &#8220;eating healthy.&#8221; I recently experienced a serious medical situation even though I maintain a healthy [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> I really enjoy the columns you&#8217;ve written about living  frugally and especially appreciate when you discuss healthcare expenses.  I find it extraordinarily frustrating when people who promote a frugal  lifestyle answer that they keep healthcare expenses down by &#8220;eating healthy.&#8221;  I recently experienced a serious medical situation even though I  maintain a healthy weight and otherwise take care of myself. It is in  this area, I believe, the frugal community lacks understanding. Some  believe that you  get sick only because you don&#8217;t take care of yourself,  or assume that their emergency fund will get them through a rough patch  of health issues. Those that believe this are setting themselves up for  disappointment should they have the unfortunate experience of a  healthcare problem. Thank you for drawing attention to the importance of  healthcare and making sure your family is covered.</p>
<p><strong>Answer:</strong> Eating healthful food, exercising, maintaining an  appropriate body weight and investing in preventive healthcare can lower  healthcare costs on average. But no individual, no matter how vigilant,  is immune from an accident or illness that can result in catastrophic  medical bills.</p>
<p>So you&#8217;re right that people who voluntarily go without health insurance  are deluding themselves. They&#8217;re pretending they have the sole power to  determine their future health, when that&#8217;s clearly not the case.</p>
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		<title>&#8220;Piggybacking&#8221; can pose a serious risk</title>
		<link>http://asklizweston.com/2011/08/01/piggybacking-can-pose-a-serious-risk/</link>
		<comments>http://asklizweston.com/2011/08/01/piggybacking-can-pose-a-serious-risk/#comments</comments>
		<pubDate>Mon, 01 Aug 2011 17:31:42 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Credit Scoring]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[authorized user]]></category>
		<category><![CDATA[Bankruptcy]]></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=2920</guid>
		<description><![CDATA[Dear Liz: You&#8217;ve written about helping teenagers get started with credit. One of your suggestions to parents is to consider adding the youngster to one of their credit cards as an authorized user. I agree with the spirit of the suggestion (that it will help the parent monitor any irresponsible spending), but I think in [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear </strong><strong>Liz:</strong> You&#8217;ve written about helping teenagers get  started with credit. One of your suggestions to  parents  is to consider  adding the youngster  to one of their credit cards as an authorized  user. I agree with the spirit of the suggestion (that it will help the  parent monitor any irresponsible spending), but I think in practice that  can be dangerous to the kid.</p>
<p>At 16, my then-stepmother added me as an authorized user on her credit  card &#8220;for emergencies.&#8221; I never used the card without permission, and I  learned that credit cards are not free money. When I was in college, she  and my father divorced, and we lost touch. I haven&#8217;t used that account  in more than four years. Last fall I applied for a new credit card to  use for business expenses and was rejected. I checked my credit report,  and lo and behold, the account I am an authorized user on is now in  serious straits.</p>
<p>Apparently after  the divorce, my former stepmom had some financial  trouble and eventually ran up that card to its limit, then filed for  bankruptcy in 2010, leaving a glaring (and, according to the bank,  immutable because the account is closed) spot on my credit. I have very  little else as credit history, which makes this an even larger problem.  My fiance and I are planning on buying a home in the next few years, and  we&#8217;ll probably have to leave my name off to avoid serious increases in  interest or even face being turned down for a mortgage.</p>
<p>In uncertain financial times even for the responsible, parents who add  their children to their accounts need to know they are signing up to  pass on all of their credit history, good and bad, to their children.  Sometimes that&#8217;s more of a burden than a blessing.</p>
<p><strong>Answer:</strong> Your experience shows the real potential downside for  anyone who is added as the authorized user of a credit card. But you  shouldn&#8217;t accept the bank&#8217;s initial response as final.</p>
<p>You can be removed from this account if the bank is willing to do so.  Take your case to the bank&#8217;s chief executive. You can find his name and  the bank&#8217;s corporate address on the bank&#8217;s website (check its regulatory  filings under &#8220;investor relations&#8221; if the bank doesn&#8217;t make the  information obvious).</p>
<p>Your experience also shows the importance of checking your credit  reports at least once a year, since you could have spotted the problem  and asked your former stepmother to remove your name from the card long  ago. Also, it&#8217;s important to build credit in your own name rather than  continue to rely on the record of someone else.</p>
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		<title>Debt doesn&#8217;t disappear after lender write-off</title>
		<link>http://asklizweston.com/2011/05/09/debt-doesnt-disappear-after-lender-write-off/</link>
		<comments>http://asklizweston.com/2011/05/09/debt-doesnt-disappear-after-lender-write-off/#comments</comments>
		<pubDate>Mon, 09 May 2011 18:24:13 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[auto loans]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[charge-off]]></category>
		<category><![CDATA[collection agencies]]></category>
		<category><![CDATA[debt collection]]></category>
		<category><![CDATA[Debts]]></category>
		<category><![CDATA[fair credit reporting laws]]></category>
		<category><![CDATA[Fair Debt Collection Practices Act]]></category>
		<category><![CDATA[repossession]]></category>
		<category><![CDATA[statute of limitations]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2771</guid>
		<description><![CDATA[Dear Liz: About two years ago, I bought a new car but was lied to about how much it would cost. After a year I simply could not afford the car and could not refinance as I was incredibly upside-down. The auto lender wasn&#8217;t willing to help, so I did a voluntary repossession. Nissan came [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz:</strong> About two years ago, I bought a new car but was lied  to about how much it would cost. After a year I simply could not afford  the car and could not refinance as I was incredibly upside-down. The  auto lender wasn&#8217;t willing to help, so I did a voluntary repossession.  Nissan came after me for the balance remaining after auction but  eventually wrote it off as a bad debt (this shows on my credit report).   The debt has been sold twice to collection companies that call me on my  cellphone and at work but don&#8217;t leave messages. I can see they&#8217;re  checking my credit but they haven&#8217;t reported the debt on my credit  report. Is this legal? I feel if Nissan wrote the debt off (and I am  suffering from that via credit reporting), there should no longer be  debt to collect.</p>
<p><strong>Answer:</strong> When a lender charges off a bad  debt, the debt itself doesn&#8217;t disappear. The lender is simply declaring  that it doesn&#8217;t think it will be able to collect. The debt can be sold  to collection agencies, which can post the collection account on your  credit reports.</p>
<p>The charge-off is what typically does the most damage to your credit scores, although the collection accounts increase the toll.</p>
<p>There  are limits to how long creditors can pursue you in court over debts.  The limits vary according to each state&#8217;s statute of limitations. There  is also a limit on how long bad debts can show up on your credit reports  (typically seven years and 180 days from when the account first went  delinquent).</p>
<p>But debts only disappear when you pay them or have them legally erased in U.S. Bankruptcy Court.</p>
<p>One  of the things you should learn from this experience is not to trust a  lender to tell you how much you can afford to borrow. The other is that  you should always arrange financing in advance before you venture onto a  car dealership lot. If the dealership can beat the deal you get from  your bank or credit union, great. Otherwise, you&#8217;ve got financing you  know you can afford.</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>What to do when you can&#8217;t afford your life</title>
		<link>http://asklizweston.com/2011/04/25/what-to-do-when-you-cant-afford-your-life/</link>
		<comments>http://asklizweston.com/2011/04/25/what-to-do-when-you-cant-afford-your-life/#comments</comments>
		<pubDate>Mon, 25 Apr 2011 16:53:29 +0000</pubDate>
		<dc:creator>lizweston</dc:creator>
				<category><![CDATA[Credit & Debt]]></category>
		<category><![CDATA[Q&A]]></category>
		<category><![CDATA[Retirement]]></category>
		<category><![CDATA[Bankruptcy]]></category>
		<category><![CDATA[Budgeting]]></category>
		<category><![CDATA[career change]]></category>
		<category><![CDATA[college costs]]></category>
		<category><![CDATA[Credit Cards]]></category>
		<category><![CDATA[Debts]]></category>

		<guid isPermaLink="false">http://asklizweston.com/?p=2729</guid>
		<description><![CDATA[Dear Liz: I am 54 and my wife is 49. Because of a career change I made four years ago and my wife&#8217;s layoff, we have run up $50,000 in credit card debt and $61,000 on a home equity line of credit. In addition, our home is worth at least $40,000 less than what we [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Dear Liz: </strong>I am 54 and my wife is 49. Because of a career change I  made four years ago and my wife&#8217;s layoff, we have run up $50,000 in  credit card debt and $61,000 on a home equity line of credit. In  addition, our home is worth at least $40,000 less than what we owe on  it. I have tried twice for a loan modification but was turned down. We  had a late payment one month, so the bank will not consider a refinance  for at least a year. We are current on everything, but just barely. We  have no savings because we use all our income for bills. We have a child  in college and another who is a junior in high school preparing for  college. I feel like a hamster on a treadmill just waiting for a total  financial collapse and certainly have no hope of ever retiring. In  addition, I totally hate my job and its industry and feel like I&#8217;m in  living hell. I have an MBA but think I may need more training to make me  more competitive in the job market. Any suggestions?</p>
<p><strong>Answer:</strong> Clearly you can&#8217;t afford your life. The fact that you  incurred debt to switch to a career field you now hate indicates that  you&#8217;re prone to making rash decisions. So the most important thing is  that you thoroughly research your options before making your next step.</p>
<p>Contact a housing counselor approved by the Housing and Urban  Development Department to discuss your loan modification options. You  can get referrals from <a href="http://www.hud.gov/">http://www.hud.gov</a>.  The modification process is so torturous and complex it can really pay  to have an experienced hand guide you, but you shouldn&#8217;t pay thousands  of dollars to an attorney or other &#8220;expert&#8221; when you can get low-cost or  even free advice from a HUD-approved housing counselor.</p>
<p>If you can&#8217;t get a modification and your home costs are eating up more  than 30% of your monthly income, seriously consider a short sale so you  can move to a more affordable place. Here you will want an attorney&#8217;s  help, because short-sale negotiations can be tough and the lender can  keep you on the hook for the remaining debt if your agreement isn&#8217;t  worded properly.</p>
<p>You&#8217;ll need to have a talk with your children as well. This will be  difficult, but if you aren&#8217;t saving sufficiently for retirement, you  can&#8217;t afford to help them with education costs. Your kids can get a  college education on their own by working and using federal student  loans, but they may need to switch to cheaper schools.</p>
<p>Think long and hard before you borrow any more money, for job training  or anything else. A session with a career counselor could help you  define other jobs you could get with your existing credentials. If you  do need more training, get it the most cost-effective way possible.  Nonprofit community colleges offer inexpensive courses at night that  would allow you to keep your day job.</p>
<p>Although you don&#8217;t think you&#8217;ll ever be able to retire, at some point  you won&#8217;t be able to continue working. Your priority should be to pay  off your debt and build up your retirement savings so that you have more  to live on than Social Security checks. Everything that doesn&#8217;t serve  those goals has to be discarded, as difficult and painful as that may  be.</p>
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