Debt Settlement Resources

It probably won’t surprise you, as an Orlando bankruptcy lawyer, I have seen it first hand: Orlando home values are on the decline, according to an article published recently in the Orlando Sentinel.

This decline is not only seen in Orlando, but also most of Florida. In the current economy, everyone seems to owe more on their home than it is worth. Filing bankruptcy can help. Since the decline began, I have been able to assist my clients in wiping out their liability on their 2nd mortgage by filing a motion in their Chapter 13 bankruptcy case. This motion, when granted by the court, effectively “strips” the 2nd mortgage off of my client’s home.

To be eligible for this type of relief, you must be able show, through an appraisal of your property, that the value of the property is less than what is owed on the 1st mortgage. In a recent blog by a well respected Illinois and Wisconsin bankruptcy attorney, David Leibowitz, David points out the options available to people with regard to stripping of a lien (second mortgage) on their home.

A bankruptcy Judge here in Orlando recently issued an opinion stating that a 2nd mortgage can only be stripped in a Chapter 13 bankruptcy filing and is not an option for those filing bankruptcy under Chapter 7. Additionally, in order to receive the benefit of stripping the 2nd mortgage and eliminating your liability on that mortgage, you must successfully make all of your payments under the Chapter 13 and receive your Discharge from the Court.

Eventually, we should start to see a reverse in the declining home values plaguing Orlando, Florida, and the rest of the county. At that time, those who took advantage of the lien stripping option in Chapter 13 bankruptcy and successfully completed their payment plan, will, hopefully, again have equity in their homes.

By filing bankruptcy under Chapter 13, my clients can attain this goal, along with many others, including saving on their car loans and wiping out credit card debt. With the help of an experienced bankruptcy attorney, debt relief is possible.

If you are considering filing for bankruptcy, make sure you hire an experienced bankruptcy lawyer to work for you. Do you have more questions about filing for bankruptcy before you take the plunge? Check out K. Hunter Goff’s FREE eCourse.

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Ask anyone you know if they have heard of a Scottish Trust Deed and I guarantee you most of they haven’t. Most people think Trust Deeds or a ‘Deed of Trust’ is to do with the property market, which it is to some degree, but the definition of a Scottish Trust Deed is actually a form of debt help for Scottish residents. Debt has become an increasing problem not only in Scotland, but in the rest of the United Kingdom and in fact the rest of the world. Thanks to the banks, the world economy is in a global meltdown. Whilst the greedy high flyers at the top are sitting back and laughing while the government pumps more money into yet another bailout, people are losing their homes and it’s inevitably the taxpayer who picks up the bill. Yes, debt is here to stay, at least for the next couple of decades I imagine and I’m sure our grand children will have to take some of the burden. Anyway, back to the topic…

What is a Scottish Trust Deed? In a nutshell, it’s a legally binding agreement between you and your creditors to repay what you can afford towards your debts over a specific period, which is usually 36 months (3 years), any debt left over after that period is written off. It is a lot like the Scottish equivalent to an IVA (Individual Voluntary Arrangement) although the criteria is slightly different, but more in your favour actually.

IVA’s are not set at 200 per month… Fact If you were to take out an IVA you would find yourself repaying the debt over a longer period of time, 60 months in fact. You also must be able to afford a monthly repayment of at east 200 and owe over 15,000 to 2 or more creditors. There has been a lot of misleading information in the press or from unscrupulous companies that IVA repayments are set at 200 each month, but to be honest, it also depends on other factors, such as the total amount you owe and if you have equity in a property. The most important factor is you must be able to repay 25% of the total amount you owe.

With the Trust Deed solution the minimum criteria is 150 and you only have to repay 10% of the total debt over 36 months, 15% less and 2 whole years earlier than the IVA debt solution. On top of this with a Trust Deed you only have to owe a minimum of 10,000, 5,000 less than the IVA, so as you can see the Scottish debt solution has distinct advantages over its counterpart. If you are a resident in Scotland, have over 10,000 worth of debt to 2 or more creditors and can afford 150 a month to pay it off your in business!

Trust Deeds are not for everyone… So you have decided to look into this, but keep in mind, Scottish Trust Deeds are not for everyone. They are only meant for people who are struggling to repay their debts and cannot find a viable solution to their debt problems. You may have taken out too much debt, had a pay cut or lost your job to redundancy, all of which would be viable reasons to look into this Scottish Debt Solution. If you own your own home a Trust Deed would be the best option if you are in financial difficulty as it can prevent it from being repossessed by the banks.

Another bonus with the Trust Deed solution is the interest and charges are frozen, meaning your debt will not accumulate and means that the repayment you make each month is going directly to clearing the balance, unlike now where the majority of what you are paying will be going towards straight in the pockets of the banks.

There are downsides though. Your credit rating will be affected during the 3 year period whilst you are in the Trust Deed program and wont recover until long after, but if you are in a serious position with your finances the likely hood of you wanting to obtain further credit after the period is slim as most people would want to steer clear of debt for good! So, on that basis you will probably not require the use of your credit rating. Your reputation will also be damaged, although this is not important to everyone. I think relieving the stress of being in debt actually outweighs this by miles!

For further advice on Scottish Debt Solutions or for more Trust Deed information visit our website. Use our free calculator to see if you qualify.

When it comes to finances, sometimes it’s easy to get in too deep, find yourself deep in debt, and not know how to get out of the situation. If it gets to be too much, it may be a good idea to get professional help. Debt management companies can be the answer to get you back on your feet, whether you’re just beginning to get into trouble and don’t think you need help, or even if you’re overwhelmed and on the verge on bankruptcy.

Debt management companies will work with you to make a financial plan that you can live with and that will satisfy your debtors. Most kinds of unsecured debt qualify for mediation through a debt management company, including money owed to the IRS, medical bills, credit card bills, student loans, and utility bills. Debt management companies can also help with “credit repair,” making sure everything on your credit report is accurate.

A good debt management company will usually provide several services. They will examine your income and expenses and work with you to determine a livable budget while allocating a set amount to put in a special account each month that will go toward paying your debt. Counseling clients on income management is also a part of the services they offer. A “debt management plan,” or DMP, in writing should be provided to clients.

Creditors are used to working with debt management companies, and will cooperate with them to create a repayment plan. It is in the creditor’s best interest to have your debt paid, and they will often waive fees, lower interest rates, and reduce monthly payments to ensure the debt is paid. Money you deposit into the specified account is then used to pay the creditors on a regular basis- monthly, semi-monthly, or weekly.

Collection agencies and creditors will stop calling for payment and stop sending bills when you work with a debt management company. They know that by working with the debt management company, they are more likely to be paid, and are more than happy to make arrangements.

When you choose a debt management company, check with the Better Business Bureau in the company’s city and make sure they are accredited. Carefully read the service agreement and study their fee structure. Remember that Non-Profit just means the company doesn’t pay taxes. Ask friends for referrals; word of mouth is a good indicator of reliability, and a reliable company can turn a nightmare into relief.

Next : Debt Management

If your debt has grown beyond your control, an Individual Voluntary Arrangement, or IVA, could be the solution that saves you from bankruptcy. While there are advantages with an IVA, there are many disadvantages as well, so it’s best to investigate all of your options carefully before deciding on a plan.

To qualify for an IVA, you must be at least 15,000 in debt and you must have a regular income. If your income doesn’t leave anything left over after your essential monthly bills, bankruptcy may be the better option. An IVA is a legally binding agreement arranged through an insolvency practitioner between you and your creditors, and can last for up to five years.

With an IVA, your insolvency practitioner meets with your creditors and presents them with a plan of repayment. The creditors will usually agree to plan to reduce your debt to pence per pound, sometimes up to 75% less than the original debt. At least 3/4 of your creditors must agree to accept the plan for it to become legal. If they don’t, the practitioner must amend the terms until an agreement is reached. Once it is approved, you pay a monthly sum that is split between the creditors. Part of the insolvency practitioner’s fees will come from that monthly sum.

An IVA can have many advantages. You do not risk losing assets like your home during an IVA, your debt can be considerably lowered, interest charges cease, and it is usually less expensive than a bankruptcy. Payments you make toward your debt are determined by your income and can change with it. However, just like bankruptcy, an IVA will stay on your credit file for six years. Unlike bankruptcy, a debtor in an IVA can legally obtain credit if a lender will give it.

Although less costly than bankruptcy, compared to other debt solutions, an IVA can be expensive. Insolvency practitioner fees are high. If you choose this method, be prepared to have your finances closely scrutinized for the duration, and be prepared to explain any income anomalies to the insolvency practitioner. Also, be prepared to hand over an extra money that comes your way during the agreement, like pay bonuses or inheritances. If you should fail to meet the IVA terms, you may be left with bankruptcy as your only alternative.

More : IVA

With the excess lending practices of the last few decades, before the recession caught up to us, many people have found themselves in deep waters financially. After all, it’s easy to spend money offered to you today that you hope to have in the future to pay back. But what if that money offered gets you so far into debt that you can’t see the light at the end of the tunnel? Whom can you turn to for help with your debt?

Debt repayment is not a “one size fits all” kind of plan. You have options, but only you can determine which the best for your circumstances is. There are debt management companies, debt consolidation companies and loans, or you can try to do it yourself. Examine your credit report so you know exactly where you stand. Can you handle repayment on your own? Do you need professional help and how much will pay for it? Determine what affect each kind of repayment will have on your credit.

You will have to contact your creditors to make self-payment arrangements if you decide to go it alone. Most credit card companies and creditors are more than happy to work with you to make payment arrangements. They may even offer a settlement arrangement that could cut your bill in half. While this will negatively affect your credit score, it does have advantages. It can free up money to pay other debts and could save you from bankruptcy. If you do this for several of your debts, you could save thousands of dollars.

A debt management company can be a great tool to get debt under control. A debt management company will examine your finances and create a DMP, or debt management plan for you, contact your creditors for you to work out a repayment plan, and help you determine an amount you can pay each month for your debts. This amount will go either into a special account or directly to the debt management company to pay on your behalf. Fees charged by debt management companies vary and some are less than reputable, so be sure to research the company and examine any agreements they offer.

When you work with a debt settlement company, they will make the debt settlement arrangement with your creditors for you, and if they are good, they will get you better terms than you would if you tried on your own. They will however, charge fees for their services, usually based on the amount you owe. Try to find a reputable debt settlement company that doesn’t charge until your dept is paid. Make sure they are listed with the Better Business Bureau and are accredited.

Whatever method you decide to use, take steps to keep yourself from falling into the same spending habits in the future. While a debt management company can give you financial counseling, you can easily examine your own finances and discover many ways to keep you out of debt in the future.

Find Out More : Debt Help