Archive for October 9th, 2009

How To Stop Foreclosure By Filing Chapter 13 Bankruptcy

Tennessee is a non-judicial foreclosure state. This means that your house may be foreclosed on without the lender having to go to court. Generally you will receive notice via mail 20 days or more before the scheduled sale date. The sale is performed by a trustee, not the lender.

Filing a Chapter 13 bankruptcy before the scheduled foreclosure sale will automatically stop the sale. When you file a bankruptcy an automatic stay immediately goes into effect. This automatic stay means that all creditor actions against you and your property must stop, including any foreclosure sale. This means that the automatic stay stops or voids any foreclosure sale of your property.

There are several things you will need to do before you may file a Chapter 13 bankruptcy. You will need to have filed your taxes for the most recent year. You will need to provide proof that you filed these taxes to your attorney. A list of all of your creditors with their addresses is also needed. You will also need to provide pay advices for the previous 6 months prior to filing bankruptcy. Finally, a government issued photo ID and proof of your social security number is required.

Chapter 13 differs from Chapter 7 by having a repayment plan. You propose to pay your creditors, including your mortgage lender, in the Chapter 13 Plan. The Plan will always include paying the regular mortgage note plus an amount that will be enough to pay off the arrears over the life of the Plan – up to 60 months.

If property has a lien on it you must pay for that property in a Chapter 13 bankruptcy if you wish to keep it. These debts are called “secured” debts, for example a debt on a car or a mortgage. Debts that have no property attached are called “unsecured” debts. In a Chapter 13 bankruptcy unsecured debts provide more flexibility in payment, you can pay all or nothing and everything in between on these debts – depending on things like the value of all your property and your income level.

Automobiles and certain other property, but not homes, are subject to cram downs. A cram down occurs when a secured debt is “cram downed” to the value of the property that secures the debt. For example, if you owe $25,000 on a vehicle that is worth $10,000 then a cram-down would result in the secured debt being only $10,000 and the remaining $15,000 would be unsecured. There are special rules for accomplishing a cram-down.

Once you propose a Chapter 13 Plan it must be “confirmed” for it to go into effect. Once a Chapter 13 Plan is confirmed the Chapter 13 Trustee begins to distribute your funds to your creditors. You make payments to the Chapter 13 Trustee either directly or through a wage deduction.

Once you have paid into your Chapter 13 Plan as you proposed and completed all payments you will be current on your mortgage. At that time you will resume paying your mortgage directly to the lender. Any unsecured debts that were not paid during the bankruptcy will be “discharged” – meaning creditors cannot take any action to collect the debts.

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Information On Direct Payday Loan Lenders

Many people in America cannot cover their bills and daily expenses each time they get paid. Many live paycheck to paycheck; they rarely, if ever have extra money to do something fun or act as a buffer for emergencies after bills are paid. When sudden emergencies or unexpected issues arise, these same people cannot make it to the next payday. They may be completely broke, or looking for alternative options to cover the unexpected issues. Enter the direct payday loan lenders…

Often the people with these issues also cannot maintain or do not have access to other lenders or credit card companies, as they will be turned down. A fast, online 10 minute process can result in instant to 24 hour funding for unexpected expenses.

This quick option is also extremely important as people that are in these situations often have no credit or bad credit. They will be turned down by credit card companies or other loan companies.

Most loans are given for two week time frames; at the end of the two weeks, the loan amount plus applicable interest will be debited from the borrower’s account. Approximately 24-48 hours before the loan payment is due, the borrower has the option to contact the loan company and request an extension – this would be paid off with extra interest when the final payment is due at the end of the extended period. There are also usually options to obtain another loan – of equal or lesser amount – as soon as the payment is debited. The new loan funds would be deposited shortly after repayment.

The most reputable companies will be those that present the terms and conditions, interest rates etc. In detail and readily accessible on their website. A good idea might also be to Google the terms “Direct Payday Loan Company Reviews”. These will show companies with the best reputation and longest time in the business.

Another reason to take the extra time to research and try to find the best lender is because of the nature of the personal information needed to qualify for the loan: social security number, address, checking account details and other sensitive private information.

These loans can provide the needed funds and peace of mind in the time of a minor financial crisis. The borrower must make sure to maintain accurate financial and banking records particularly when securing a payday loan. Peace of mind can quickly become another crisis if a payday loan payoff is unable to be made on time.

Although a short term solution, a payday loan can assist an honest, hard working person in obtaining the needed funding to get through a monetary crisis. This will alleviate current stress, and can assist in preventing future stress by allowing the borrower to handle the present unexpected expense so that overdraft and finance charges are not incurred; this would only create a down slide of financial troubles. A quick answer to emergency funding can be found in applying for a loan with a direct payday loan lender.

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