Archive for November, 2009

Credit after bankruptcy

Thursday, November 19th, 2009

Rebuilding credit after bankruptcy is doable…however, you need to do a little work to make sure everything is as it should be.

A common worry I hear from client just out of bankruptcy that credit stuff on their credit reports is wrong. Sometimes things remain as collections on the report that were discharged in bankruptcy. Is this correct? Nope. End of the world? Certainly not. Fixable? Certainly.

The easy fix is to send a note to the credit bureau and the creditor that the debt was discharged by the bankruptcy and should no longer be on the report. Be sure to do in writing. Writing is a pain- I know- it’s also the only proof that you brought it to someone’s attention.

If they still refuse to fix it, the letter is your proof you asked. That proof, along with the motion I would file, would allow the bankruptcy court to sanction the creditor.

Good credit is possible after bankruptcy. With our help, we can get you back on track. Sometimes, just like your bills, you need a little help from us.

Call today. Tomorrow, start working on better credit.

Call us. We can help.

502-716-0000

Will I lose my house if I file bankruptcy?

Saturday, November 7th, 2009

Will I lose my house if I file bankruptcy?

I constantly get asked, “If I file bankruptcy, will I lose my house?”. The short answer to this question is “not likely”.

It’s my experience that a mortgage company would rather get your mortgage payments rather than have yet another house on the auction block. If you’re able to make the payment, chances are the mortgage company will complain not a bit. There are some exceptions, the mortgage company expects you to maintain insurance, pay the Jefproperty taxes, and generally take care of the house (their collateral).

Your probably thinking, “well genius, if I could afford the house, I would not be in this kind of trouble!”. Maybe- I see a lot of people who don’t make the house payment because of credit cards or wage garnishments. Those are two things bankruptcy certainly can fix.

“Well, I’m going to lose my house anyway. I don’t need to file.”. Wrong again. If the bank sells the house at the courthouse door and it brings less than the loan amount, a deficiency is created. This is the amount left over that you still owe. That will be part of the claim against you and can be used to garnish your wages or checking account. Also, because of the automatic stay, the bankruptcy can stall the time it will take the mortgage company to move you out. You will be living rent free.

It’s pretty obvious in most cases, a bankruptcy will keep you in your home- even if for just a little longer.

Call us today to discuss your options. 502-716-0000.

Wantland Law, PLLC
Bankruptcy-Divorce-Personal Injury