April 29, 2009

Why Chapter 7 Bankruptcy

If bankruptcy filing is seen to be an opportunity for defaulter to end all his debts for good and anew; perhaps opting for chapter 7 bankruptcy is a way to achieve the result quicker. Filing under chapter 7 bankruptcy means that the government will sell all non-exempt asset of the debtor and appropriate the money among the creditors. Usually, when the debtor goes for chapter 7 bankruptcy, the defaulter will usually be left little property to lose and thus the entire process finish faster.

While there are a number of different types of bankruptcy that defaulter] may consider to file for, but it may be a daunting choice to choose the right law that suits your requirements. As you can well understand from the title, this information here is to focus on Chapter 7 Bankruptcy.

Here are some steps to consider when applying for chapter 7 bankruptcy in the right manner:

- Bankruptcy should be the final avenue and avail it only if you realize that you are left with no other avenues.

- Start with a bankruptcy attorney. An attorney/lawyer possesses enough knowledge and ability to guide your way in the whole process.

- Credit counseling is a must-go.

- File petition. Doing so will prevent your creditors from taking any legal action against you.

- Ensure that you finish all your forms promptly

- Ensure that you make all payments of your fees on time.

- After filing for a petition, a meeting will be held in about a month’s time. In this meeting all your creditors will be there and they might ask you question regarding your assets and financial standing which you need to reply. It is very important that you go to this meeting.

- According to the new bankruptcy laws, defaulter] filing for chapter 7 bankruptcy needs to attend a debtor financial management educational course organized by credit counseling agencies.

So, if you have adhered to the abovementioned steps you should be well on your way clear your debts.

So, now you understand how to file chapter 7 bankruptcy, good luck!

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Chapters of Bankruptcy & which one helps you

In the US law there are a number of new bankruptcy laws being established to keep in check the increasing ocurrances of bankruptcy cases. These different types offer several avenues in how the bankruptcy will work for them, how debts will be cleared|settling the debts and instituting who can file what type of bankruptcy. Not every type of bankruptcy is applicable for every debtor and it is important to make sure that you choose the right type of bankruptcy when filing, so you can get the most out of the process.

There are 3 most common types of bankruptcy:

Chapter 7 Bankruptcy

Chapter 7 bankruptcy can be filed by individuals or businesses. This type of bankruptcy wipes the debts clean with little or no repayment.

Anyone filed under this bankruptcy will find that some of the debtor’s properties can be exempted and everything not exempted is sold to repay debts.

Under this bankruptcy, a person’s debts are cleared.

Chapter 11 Bankruptcy

Chapter 11 bankruptcy can be filed by businesses and individuals. However, this chapter is more skewed to businesses, though.

This type of bankruptcy is best for those with a lot of assets and a lot of debt. It is a repayment plan that allows a person or business to repay debts in a way they can afford while also keeping all their assets.

Under this chapter, businesses can still remain operational, which is a very good option for many.

Chapter 13 Bankruptcy

Chapter 13 is more for individuals. It allows a person to keep their possessions while repaying their debts and avoiding common collection methods.

Any type of bankruptcy protect a person or business from the creditors. The creditors cannot proceed with the collection process once this is filed. Creditors cannot file court charges, send letters to debtors nor to do anything that may harass the debtor.

So which is the best solution? The answer is: It depends. You have to consider your assets and debts. In the end, you should be look at clearing your debts without losing all your current assets. In order to best do this you need to look at what property you own that is exempt and if you have any property that is not exempt.

Bankruptcy should not be seen as an avenue to escape from debt. It should be seen as a way to help a person to restart your life again. Most people prefer Chapter 7 because the debtor can keep some of their properties. The revised laws have imposed rulings that stops many people from filing Chapter 7 because they have the ability to repay debts.

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April 28, 2009

The Reason Banks Sell Bulk REO Properties and Non-Performing Mortgage Notes

Bulk REO Video Training

The impact felt by non-performing assets are detrimental to the economy and mortgage lenders alike.  A defaulted mortgage could greatly limit a bank’s borrowing ability by nearly 900%.  For instance, if a loan of $100,000 is in default, the lender is forbidden from borrowing up to $900,000 until the property is dumped.  Plus, as defaulted assets lose value banks are forced to write down the lower value and bear the loss.

(A quick note from the editor:  For related information, check out Bulk REO Investing.)

Banks have few options that buffer the burden placed on their books by non-performing assets.  The option of foreclosure is always the last resort.  This process includes expensive steps for the lenders that start with high legal fees.  The outcome is pervasisve property management while it continues as REO (Real Estate Owned) property.  There is the concern that damage to REO properties, while they sit vacant, increases and further hurts the chances of any real profits.  It should also be noted that with the selling of real estate also comes transaction fees and marketing expenses.

Lenders also face the issue of staffing.  Still, if a mortgage lender thinks foreclosure is teh only reasonable option, it is faced with the daunting task of finding enough staff to oversee and unload REO’s, especially bulk REO’s.  The last time anyone saw a lending crisis of this magnitude was almost 15 years ago, and not since then have the valuable number of REO experts been lost at such perplexing numbers.  On top of this, the United States has few in-house experts at any of the larger lending institutions who can handle bulk REO’s which need someone to manage them, secure them and sell them with minimal loss.

Today most lenders, bond managers and servicing agencies seem to have one goal: Unload shaky loans for pennies on the dollar ASAP.

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