How do
I decide which expenses to cut back or eliminate?
The first step is to prioritize your expenses.
There are basically three categories of expenses:
essential, non-essential, and discretionary. Essential
expenses are those that are vital to your survival
and must be paid first. These include rent/mortgage,
utilities, food car, etc. Non-essential expenses
include those that would have no impact on your
survival. Discretionary expenses are those that
can be included in either category depending on
your particular situation.
What if
I am in a financial crisis?
Again, the first step is to prioritize. Place all of
your bills into the three categories mentioned above,
essential, non-essential and discretionary. Essential
bills are those that must be paid when due to sustain
your basic necessities or to avoid damaging your credit
rating. Non-essential bills are those that would have
no immediate impact on your life or credit report if
paid late. These are unsecured debts and include medical,
dental, utilities, newspaper subscriptions, etc. and,
in some cases charge cards. These should be paid after
all essential bills are paid. Discretionary bills are
those that can be included in either category. For example
charge cards could be essential or non-essential depending
on what is being purchased on them and your current credit
rating. For more information,
contact
us .
How do
I dispute inaccurate entries on my credit report?
Once you have obtained copies of your credit report
from the three major credit reporting bureaus you
can dispute any accounts on the report with the
credit bureaus that are reporting it. Write a letter
to each credit reporting bureau disputing the entries.
Make sure to include the account numbers, your
name, social security number, and address in the
letter. Also include your reason for disputing
the entries. You may also be able to dispute erroneous
entries online. For additional help, contact us
. The credit reporting agencies will begin an investigation
with the creditors. The investigation must be completed
within 30 days. Once the investigation is complete,
the credit reporting agencies will send you an
updated credit report. When you receive the updated
report, make sure the items have been corrected.
If not, contact the applicable agency again until
it is resolved or contact us for more information.
What
do I do if I become a victim of identity
theft?
The following is a list of actions you need
to take:
- Contact your creditors immediately.
- File a police report. Occasionally, the
police department is reluctant to file a
report, but insist that they do.
- Contact the three major credit-reporting
agencies to have a "fraud alert" placed on
your file.
- Keep copies of all correspondence. You
want to have proper documentation in the
case that problems arise later due to the
identity theft.
- If your social security number was stolen
contact the social security department and
have them cancel the number and re-issue
a new social security number.
What
about Bankruptcy?
Bankruptcy can stay on your credit report for
up to 10 years and should be used only as a last
resort. The underlying policy of bankruptcy law
is that the honest debtor who is in debt beyond
his/her ability to repay the debt should be given
a fresh start through the discharge of debts
in a bankruptcy proceeding.

Can
I keep my house after bankruptcy?
Depending upon which exemption scheme is selected
and your circumstances, you may exempt up to
$100,000 in equity. When calculating your equity
you should use a value that is based upon a forced
liquidation as opposed to the best selling conditions
to arrive at a value for your home. Once you
know the value, subtract the amount owed plus
selling and transfer costs from the value to
calculate the equity. In the depressed California
market, liquidated properties are often valued
less than what we like to think the property
is worth.
Can
I keep my credit cards after bankruptcy?
Under some circumstances you may keep your credit
cards. There are many factors which must be considered.
Some of those include the credit card balance
at the time of the bankruptcy, what the credit
card company is willing to do and your ability
to pay the present and future credit card debt.
Will
I lose my job?
No. Bankruptcy laws prohibits discrimination
based upon a debtor filing for protection under
the bankruptcy laws.
Will
my employer find out about my bankruptcy?
Under normal circumstances, unless your employer
is a creditor, your employer will not know.
Will
bankruptcy stop a wage attachment?
Yes
Will
bankruptcy stop a judgment?
Yes. Most civil judgments are stopped by bankruptcy.
Will
a bankruptcy remove a lien?
Under some circumstances once the bankruptcy
proceedings have started, special motion can
be filed to remove certain liens. It will take
a bankruptcy court order to remove them. This
is a complicated area of the bankruptcy law and
an attorney should be consulted.
Will
bankruptcy stop an eviction action?
Perhaps. However, this will only delay the inevitable.
The owner is entitled to possession of his property
and at best you will be able to remain in the
property until you have received your discharge
from bankruptcy or the landlord obtains an order
from the bankruptcy court. I must caution you
that if the only reason you filed the bankruptcy
is to stop an eviction then this might be considered
an abuse of Chapter 7. If the bankruptcy court
finds that this is true then the court can immediately
dismiss the bankruptcy and impose other legal
and monetary sanctions on you.
Will
bankruptcy stop a foreclosure?
Yes. However, a home is an asset usually secured
by a deed of trust. The mortgage company is entitled
apply to the court for relief from the automatic
stay, the order preventing creditor action by
virtue of the bankruptcy. Depending upon several
factors, you may be able to prolong a foreclosure
until you have received your discharge from bankruptcy.
Usually, to keep a home that is in foreclosure
you will have to make a deal with the note holder.
Will
bankruptcy wipe-out my obligation to pay
community debts?
In general, you will be discharged from all dischargeable
community debts. However, you should discuss
this with your family law attorney to understand
the other implications of the filing of a bankruptcy
during the pendency of a dissolution action (divorce
case). Also, remember that if you are discharged
from community debts, your spouse is responsible
for the entire balance owing on the debt.
Are
there any debts that I can't wipe out in
bankruptcy?
Yes, there are certain debts that are NOT
dischargeable in bankruptcy. Generally speaking,
the following debts will not be discharged:
- Taxes.
- Spousal and Child Support.
- Debts arising out of willful or malicious
misconduct.
- liability from driving while intoxicated.
- debts from a prior bankruptcy.
- Student loans.
- Criminal fines and penalties.
Those debts which are secured will be discharged,
however, expect the creditor to take the necessary
legal steps to take back any collateral. In
most cases if the debtor's equity interest
in the property is exempt, the debtor may retain
the property by redemption or reaffirmation.
For more information or alternatives
to Bankruptcy,
contact
us