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Disclaimer

Nov 1, 2009

DISCLAIMER: The information contained in this distribution is intended for informational purposes only. It is not intended to be legal advice.  Your situation may vary and different facts creates different advice.  So do not take legal action based on this content!  Always contact a lawyer near you.  The attorney’s posting this advice are licensed in IOWA only and thus there may be a dramatic difference in procedures in any other state.  This is not an advertisement for legal services except where permitted by law.

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What has your credit card company done for you lately?

Oct 27, 2009

If anything good has come out of the recent financial crisis, it’s the awareness that credit card companies don't play fair.  The credit card companies are a business and are out to make a profit, no one would fault them for that; however the current leaders in Washington have pulled the covers back to reveal unethical practices, tricky hierarchy payment schemes and just plain bad business practices!

If you're a candidate for bankruptcy and have credit card debt, you may be interested to learn a little more about the type of "business" these credit card companies are conducting with you:

1.      Undisclosed rates during application.  Have you ever bought something without seeing it?  Of course not, so why should getting a credit card be any different?  You may be a conscious consumer and carefully study rates of competing creditors in order to find a card that fits your needs.  You may fill out an application online or fill out an application and return by mail. Either way, you would expect to know the interest rate of the card, and your credit limit at the time you sign up.  Unfortunately, this doesn't always happen.  You may not even discover the issued rate of the card and your limit until the card shows up in the mail.  This can get especially risky when you are transferring balances.  Cards may advertise 0% offers for "up to" a certain amount of time, only to find out that once you've been approved for credit, you get the touted rate of 3 months, after which time your interest rate accrues at 22%.  

2.      Reporting “some” truth to the credit bureaus. Correcting misinformation on your credit report can be a hassle. In the scheme of things, the creditors hold seemingly limitless power in this regard. One trick of credit card companies is not to report your credit limit in which case the bureaus use the “highest balance charged”. It works like this: If you use $100 of a $1000 credit limit, then you’re only using 10% of your credit power and this is favorable. However, if no limit was reported by your credit card company then your credit limit registers as you using $100 out of $100 available, inaccurately showing you “maxed out.” This acts negatively towards your credit score.

3.      Raising the rate after 1 day late. Late payments can happen to the best of us. Payments get lost in the mail, computers glitch in online payment processing, or people just plain miss a payment. The credit card companies know the difference between an intentional non-payment (those of 30 days+ late) and an accidental goof. Regardless, these companies flex their power muscle and will take advantage of your mistake by raising your rate to double, or sometimes even triple your original APR.

You may have a sense of loyalty to your American Express, Discover, or VISA card because you’ve done business with them for 5, 10 or even 20 years. Perhaps this article will give you a different perspective.

You can track the proposed legislation at http://www.govtrack.us/congress/bill.xpd?bill=s111-392.

If you’re overwhelmed with credit card debt and you need to know your options, email us at melissaatthompsonlaw@gmail.com.

 

 

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You're Not Alone

Sep 28, 2009

 

                                                           
Our clients often comment to us, “I never thought this would happen to me.”  Well, just who does bankruptcy happen to? The stigma of bankruptcy has caused many false concerns and unnecessary speculation. As we all know, life can take unexpected turns. Job loss, divorce, sickness, and failed business ventures occur at the most inopportune times and can send our finances into a tailspin. It’s important (now more than ever) to realize that bankruptcy isn’t exclusive to the poorest of us. In today’s financial climate, we’re seeing more and more upper middle class and working middle class families having to file for relief from their debts. Bankruptcy provides relief to overwhelmed, overextended and underwater consumers… little did you know that these consumers also include the “rich & famous.”
 
 Some of you may think that bankruptcy only happens to a certain social class of people, but in fact it can—and does—affect every social class. The wealthy, well-known, celebrity types are no exception to this rule.
 
            Donald Trump is one of the most famous businessmen in the United States and a highly regarded celebrity worldwide. We’ve all seen his beautiful family, his impressive offices and casinos, and his television shows. Did you also know that one of those impressive Trump casinos has gone bankrupt not once, not twice, but three times!?  Nothing keeps the Trump down, not even bankruptcy.
 
                                                                                                                                                                                                             Larry King, the infamous late night talk show host, has interviewed Presidents, dignitaries and countless celebrities; making him a celebrity in his own right. However, early in his career before he rose to his current status, he was forced to file bankruptcy. Bankruptcy didn’t stop Larry King from living out his dream. Now, his show is aired on CNN in over 200 countries.
  
Even the cartoonist and visionary Walt Disney himself had to file a bankruptcy after his early company struggled so much they couldn’t even make payroll. Eight years later, he created “Mickey Mouse,” and well, you know the rest of the story.
             
            This list is only the beginning. It’s not meant to critique any of these celebrities, but rather how they each were able to overcome the stigma of bankruptcy and continue on with productive lives filled with success. The same is true for you. Life goes on after bankruptcy. You will be able to get credit again, to buy a home, a car, get a job and take a vacation. The first step is recognizing that you’re in over your head. If you’ve come to that point, and you need relief from your debts, contact our office at 515.875.4850 to discuss your options. You can also email your own story to us at melissaatthompsonlaw@gmail.com. We can help!
 

 

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Foreclosure in Iowa

Mar 20, 2008
The most common method of foreclosure in Iowa is called "foreclosure without redemption." In this type of foreclosure a creditor (usually by the county sheriff) serves notice of the foreclosure following a 30 day notice of the right to cure the default. On the petition of foreclosure there will be in large bold print that the creditor has chosen to foreclose without redemption. This means that once the house has been sold the homeowner cannot "redeem" the property after it's been sold by the sheriff. A homeowner can request that there be a delay of the sheriff's sale. The delay will be twelve months unless the creditor has waived its right to a deficiency judgment. If the creditor has chosen to waive any right to get a judgment if the house doesn't resell for the amount of the loan, then the delay will be for six months. There are some variations on these processes that a mortgage lender might choose so it's important to contact me immediately if you get served with a foreclosure petition. We can talk about how a Chapter 13 bankruptcy can stop the foreclosure and cure the default.
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Discharging Income Taxes

Feb 8, 2008
Many people think taxes can't be discharged in bankruptcy but that's not always true. Some taxes can be discharged but it's important to know how old the taxes are and what kind they are to determine whether bankruptcy can be used to eliminate tax debt. Here is a shorthand way to determine whether taxes can be discharged. There are four questions to ask and the correct answer is in parentheses following the question. 1. Are these income taxes? (Yes.) 2. When was the tax return due? (More than three years ago --remember that tax returns are due on April 15th of the following tax year.) 3. When was the tax return filed? (More than two years ago.) 4. When was the tax assessed by the IRS? (More than 240 days ago -- the date of assessment can only be obtained from an IRS tax transcript.) If all four answers are correct than the taxes should be dischargeable. Property taxes assessed before bankruptcy, sales taxes and withholding taxes are never dischargeable.
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Chapter 13 bankruptcy

Feb 1, 2008

Chapter 13 bankruptcy helps a person reorganize debts and may be one of the best ways to save a home. Over a 3-5 year period debtors make payments to a trustee, who disburses the funds to creditors. Unpaid debts remaining at the end of the 3-5 year period are discharged, just as they would be in a Chapter 7. Secured creditors may be paid by the trustee or directly by the debtor. Unsecured creditors receive payments only if there is income left over each month beyond what is necessary to pay living expenses, secured creditors, and any priority creditors, such as the IRS or a child support obligation. Chapter 13 is often used to “cure” defaults on residential mortgages and allow homeowners to reinstate delinquent home mortgages. Debtors might also be required to file Chapter 13 if they are above the state’s median income and have income left over after living expenses and debt repayments are deducted. However, just because you're over median income doesn't necessarily mean you must file a Chapter 13. Frequently, because of the deduction of expenses, even people above median income can qualify for a Chapter 7. Chapter 13 may also be used to keep nonexempt property that would otherwise be sold in a Chapter 7.


There are several reasons why filing Chapter 13 is preferable to a Chapter 7. These include the ability to repay nondischargeable debts like taxes, child support obligations and student loans; the ability to “cram down” the debt on some vehicles; the ability to repay pension loans; the exclusion of child support income from your required budget; the increased protection for co-debtors; the reduced impact on your credit score; and the ability to address complex issues like excess equity in a homestead.

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