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	<title>Easy Bankrupt</title>
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	<pubDate>Sun, 14 Mar 2010 11:16:07 +0000</pubDate>
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		<title>Consumer Bankruptcy Lawyers Why You Need One</title>
		<link>http://www.easy-bankrupt.com/2010/03/14/consumer-bankruptcy-lawyers-why-you-need-one-12/</link>
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		<pubDate>Sun, 14 Mar 2010 11:16:07 +0000</pubDate>
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		<description><![CDATA[Consumer Bankruptcy Lawyers   Why You Need One  There are some people who love to do everything by themselves  They hate to ask for directions on the highway, and they never read a manual in putting together some home equipment  They&#8217;re the kind of people who don&#8217;t think they need help [...]]]></description>
			<content:encoded><![CDATA[<p><b>Consumer Bankruptcy Lawyers   Why You Need One </b><br /> There are some people who love to do everything by themselves  They hate to ask for directions on the highway, and they never read a manual in putting together some home equipment  They&#8217;re the kind of people who don&#8217;t think they need help from anyone, even when declaring bankruptcy  Do they really need a consumer bankruptcy lawyer? . .I think it&#8217;s admirable to try to do things by yourself, but there is of course a limit  There are situations where you need someone&#8217;s help, whether that help comes from a friend or a professional advisor  If you&#8217;re looking to declare bankruptcy, you obviously have some serious financial problems and need some outside help  . . .After all, chances are you did not see the situation coming, and your choices were not effective in preventing financial turmoil  I don&#8217;t mean to be harsh, and there may be other circumstances that people are simply not aware of  Sometimes an outside force seems to wreak havoc in our financial life, and problems like medical emergencies or other issues may force us to declare bankruptcy even if we&#8217;d been keeping up with our bills each month  . .In any case, you have now reached a point where you need help to solve your financial problems whether you like it or not  In the case of bankruptcy, the situation is complex (especially with the recent changes in the bankruptcy code), and you truly need the assistance of a good bankruptcy attorney to help you through the process  . .The consumer bankruptcy lawyer is best because you need someone with experience in bankruptcy law and not just general practice  In addition, you want someone experienced in helping consumers file Chapter 7 and Chapter 13 bankruptcies instead of some sort of corporate lawyer who specializes in Chapter 11 (business restructuring)  . .Even before you find a consumer bankruptcy lawyer, however, you should go ahead and do your homework before choosing bankruptcy  Look at your other alternatives and see if you can find a better way to solve your problems  Also, try to read other articles and find out the basic rules regarding bankruptcy so you can see how they would apply to your situation  This kind of background is good and will help save time when you speak to your lawyer  Of course, time is money, especially when speaking with a lawyer!. <br /><i>Source: www.rsstnx.com</i></p>
<p><b>Why is There Medical Bankruptcy  </b><br /> You often hear lots of bankruptcy stories  An individual with piles and piles of debts commonly declare bankruptcy  Heck, it&#8217;s actually the dreaded word anyone doesn&#8217;t want to experience  Why do people lead to being bankrupt? For one, getting all sorts of loans and credit cards from financial institutions will surely lead to debt problems when not handled properly  The typical causes of bankruptcies are due to the inability of an individual to pay their liabilities  If they can&#8217;t pay anymore, they have the option under the law to declare bankruptcy  However, there is a specific kind of bankruptcy which is increasing in number  . .The so-called medical bankruptcy is becoming popular to people who undergone medical treatment  As we all know, health care services are becoming expensive  The cost will depend on the type of service you availed and some other related charges  With all the charges like doctors&#8217; fee, medicines, hospital room fees and others, you will surely see yourself going broke  If you met an accident and injured yourself, you are putting your life on jeopardy  Not only that, your financial resources as well will suffer  It&#8217;s OK if you are from an affluent family and can support your bills  What if you&#8217;re income is just enough to cover your everyday expenses  . .Getting a needed medical treatment will surely put your financial situation into a breakdown  That&#8217;s why some people resort to medical bankruptcy  The reason for it is due to lack of financial resources  The medical bills seems too expensive and unreasonable to their finances  Some health institutions offer installment payments but the terms and conditions are just too disadvantageous  Even though you are allowed to pay in installments, the monthly payment is sometimes not affordable  Remember, if ever you undergone medical treatment, your physical body is still weak  Employment seems too impossible and you&#8217;re left with no income at all  . .How can you pay the health institution if you don&#8217;t have money? Unpaid medical bills to some extent can even lose some of your valuable properties like your home  Due to desperation, you will resort to loans which have higher interest rates  But if ever you can&#8217;t pay, the lender has the right to foreclose your property  You have no option but just to declare medical bankruptcy  Moreover, being bankrupt connotes negative consequences on your part  There are limitations set by the court once you declared bankruptcy  You cannot easily borrow from lending institutions for a certain period of time  . .To avoid medical bankruptcy, it is helpful to have medical insurance  In times of health treatments, the insurance company will take care of your bills  That would be very helpful to you  You don&#8217;t have to worry on where to get the money in paying all your bills  You can just relax within the comforts of your home and never get problematic on the matter  As much as possible, medical bankruptcy should be your last option  Find means on how you can fight being bankrupt  Better consult a professional to help with your problem . <br /><i>Source: www.rsstnx.com</i></p>
<p><b>Bankruptcy Explained    </b><br />Whether or not we want it to or mean it to, often times our debt can become out of hand, to the point that we can no longer control it. It does not occur because we expect it, it occurs because we live in an age where credit is everything. In fact, many people do not even accept cash for a variety of things, for example, online shopping. All online shopping opportunities takes credit cards only. We will use credit for so many different items, that before we know it we begin to become overwhelmed and have the inability to pay the credit when the time comes. When it comes to bankruptcy, this means that you are legally declaring that you have the inability to pay your creditors. Bankruptcy was formed in efforts to allow the debtor to have a fresh start within their life, this will allow the debtor to be relieved of most of the debts they have incurred. Additionally, bankruptcy gives creditors some rights as well, because it can allow them to recoup some of their money to the extent of the debtors ability to pay. There are various laws in place that allow the debtor to make use of non-exempt property in efforts to pay the creditors. Many pieces of your property will be exempt; however, it is possible that you have some non-exempt items. Within the United Kingdom, the word Bankruptcy only applies to partnerships and individuals. Corporations are required to declare other types of legal insolvency such as administration, liquidation, and administrative receivership. The typical bankruptcy procedures last no more than one full year, often less depending upon the trustee in bankruptcy. When a person has filed for bankruptcy, all credit collection must end. Companies are not allowed to pursue, call, mail, visit, repossess, or otherwise sue the debtor, for the purposes of debt collection. If a company chooses to do so, they will likely be held responsible by the court of law and to the debtor. Bankruptcy is to be used as a last result; there are many other steps you could take to help eliminate your debt prior to filing for bankruptcy. Other options available to you include debt consolidation, credit counseling, and negotiation with your creditors, make a formal proposal with the creditors, and learn to manage your money yourself. It is important that you fully investigate all of your options and learn what steps you can take to obtain a debt free life. Tim Renolds is the owner of &lt;a href=&#34;http://www.loan-source.co.uk&#34;&gt;Debt Consolidation Loan&lt;/a&gt; providing Uk homeowners with a free loan quote service. Visit us today for a free no obligation quote.    <br /><i>Source: www.ArticlePros.com</i></p>
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		<title>Is Bankruptcy The End Of The Road</title>
		<link>http://www.easy-bankrupt.com/2010/03/13/is-bankruptcy-the-end-of-the-road-23/</link>
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		<pubDate>Sat, 13 Mar 2010 16:14:11 +0000</pubDate>
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		<description><![CDATA[Is Bankruptcy The End Of The Road   When the modifications to U S  Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul  The credit industry worked hard to get this passed, and at first blush, it does appear to [...]]]></description>
			<content:encoded><![CDATA[<p><b>Is Bankruptcy The End Of The Road  </b><br /> When the modifications to U S  Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul  The credit industry worked hard to get this passed, and at first blush, it does appear to work against debtors  . .On the other hand, the changes did debtors a favor in some respects  By making it harder to seek bankruptcy protection, the new laws made it mandatory that those who might not need to declare bankruptcy go through credit counseling and enter a repayment plan if possible  The changes also revealed just how desperate creditors are to keep your debts from being written off completely  Armed with that knowledge, there are ways to avoid bankruptcy and right your personal financial ship  . . .Pennies on the Dollar . .Everyone has seen or heard ads for law firms or other agencies that will work with creditors and settle your debts for virtually nothing  This can happen, but there are some caveats  One is that many such agencies are not reliable or trustworthy  If they are full-fledged law firms, they will have some oversight from the state supreme court&#8217;s disciplinary counsel, as well as the local bar association  Even so, be wary and investigate before signing on with anyone  . .Further, these agencies collect your money for a time without paying your creditors  Your accounts will get further behind while you pay them, knocking your credit score down nearly as much as a bankruptcy would  If you are struggling to make ends meet but paying on time or nearly so, this is a fairly unpalatable option  . .Finally, to the extent that these agencies do help, you may be able to do the same for yourself  While some creditors are more willing than others to settle for lower dollar amounts, any of them would rather take something than nothing  Thus, if you are already that far behind, you might try saving yourself some fees that would be charged by the agencies by negotiating for yourself  . .Credit Counseling . .An adage that has been unfairly applied to lawyers is true in the area of credit counselors; 99 percent of them give the rest a bad name  Class action suits against these groups abound, and internet message boards are full of angry stories  A good credit counseling agency can help immensely  . .The way such agencies work is to work out a payment plan with you based on what you can afford  They then apply it to paying off your creditors based on preset rate reductions  They are funded by the credit industry, which is a major turn off for some people  However, the credit industry pays them to do something that helps the consumer; they help you pay your accounts off, at a lower interest rate than you might get otherwise  . .Again, many of these agencies are unreliable, paying late or not at all  Many creditors, upon your telling them you plan to work through a credit counseling agency, will try to talk you out of it for this reason  When they do, listen  You may be able to work out a better deal for yourself than the agency could  The creditors want to be paid to the extent possible; they have no incentive to ruin your credit by forcing you into bankruptcy  . .If you do decide to go through a credit counselor, investigate first  Is the agency accredited? What complaints against them have been filed with the Better Business Bureau and how have they been resolved? Find a place you can trust  . .Conclusion . .There are ways to avoid bankruptcy in most cases  If you have lost everything with uninsured hospital bills, that is one thing  Being behind on your bills and overextended on credit need not push most people over that edge  Creditors want you solvent so they can collect something; you want yourself solvent so you can obtain credit again someday  The U S  government wants you solvent so you can contribute to the economy  Look into your options and you will learn that you can usually find your way out of the bankruptcy hole before you hit bottom . <br /><i>Source: www.rsstnx.com</i></p>
<p><b>7 Reasons Chapter 13 Bankruptcy Might Be Right for You    </b><br />Changes in bankruptcy laws have left many to erroneously think that they can no longer declare bankruptcy. This is not true.   Filing for bankruptcy is a decision that should not be made without first seeking the qualified counsel of a Texas bankruptcy lawyer. A Texas bankruptcy lawyer can help you decide which form of bankruptcy is best for you. Under Chapter 13 a debtor is given the ability to liquidate assets and set up a debt repayment plan that best suits them. This can give you the relief you need from high credit bills and other debt.  The first step under chapter 13 is to receive credit counseling and budget analysis from an approved counseling service. This step can be omitted in a few situations of hardship, but most will have to undergo the counseling. It is an important step that must be taken to prevent your case from being dismissed. Speak with a qualified bankruptcy lawyer today to discuss your options under Chapter 13 bankruptcy.  Generally speaking, Chapter 13 may be right for you if: 1. You have a stable source of income. You must be able to regularly make payments to pay back your debt. 2. You have enough disposable income after all expenses are paid to make regular payments for your debt. There is no set value for this. The courts will require a proposed budget to determine if you satisfy this requirement.  3. Your secured debts are less than $922,975 and your unsecured debts do not exceed $307,675. 4. You are behind on mortgage or vehicle payments you intend to keep 5. You have tax debt, or student loans 6. You have a large amount of non exempt property you do not wish to lose. 7. You have a cosigner on your loans you wish to protectMichele Wallace, author of this article, writes for the &lt;a  href=  http://www.maliselawfirm.com/&gt;&lt;b&gt; MaliseLawFirm&#34;&lt;/b&gt;&lt;/a&gt;.  Hire experienced &lt;a href=http://www.maliselawfirm.com/&gt;&lt;b&gt;&#34;San Antonio  bankrupty attorneys&#34;&lt;/b&gt;&lt;/a&gt; with Malaise and get the debt relief you deserve.     <br /><i>Source: www.ArticlePros.com</i></p>
<p><b>Top 4 Reasons People File For Bankruptcy </b><br /> Bankruptcy can be a way out for many families who find themselves overwhelmed with too much debt  It is a big decision with long-term consequences, and you should never be entered into lightly  Nevertheless, it does provide relief for many people who need drastic assistance in debt relief  . .Here are four common reasons people file for bankruptcy  . .1  Avoiding foreclosure . .Chapter 7 bankruptcy can wipe out many consumer debts, but it doesn&#8217;t guarantee that you&#8217;ll get to keep your assets  For example, if you owe credit card debt, chapter 7 can protect your home from creditors  Credit cards are unsecured debt, which means that there is no collateral backing up the loan  . .However, if you are behind on your mortgage payments and are facing foreclosure, you may need to file Chapter 13 bankruptcy and establish a payment plan so you can catch up on your mortgage payments  This is because Chapter 7 does not eliminate your obligation to the lien holders such as the mortgage company or bank  . .2  Prevent repossession of your vehicle . .Just like your house payments have to be made even if you file for bankruptcy, your car loan has to be paid off if you intend to keep the vehicle  You can use Chapter 13 bankruptcy to form a repayment plan for your debts, usually over the next three to five years  . .3  Medical bills . .A common reason why many families have to end up in bankruptcy court is the high cost of medical bills  Catastrophic events like the need for emergency surgeries can overwhelm a family who is uninsured or underinsured  . .4  Unemployment . .Many unfortunate people have lost their jobs or had their hours reduced during this economic downturn  This reason doesn&#8217;t need much explanation, since it&#8217;s obvious that a reduction in income will make it more difficult to keep up with your bills  What we should say is that filing Chapter 7 or Chapter 13 can help with your situation, but you should explore all options carefully before making a decision  . .Sometimes simple solutions like getting a part-time job or using debt negotiation can solve your problems without resorting to legal action that can damage your credit score for years to come . <br /><i>Source: www.rsstnx.com</i></p>
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		<title>Why is There Medical Bankruptcy</title>
		<link>http://www.easy-bankrupt.com/2010/03/12/why-is-there-medical-bankruptcy-11/</link>
		<comments>http://www.easy-bankrupt.com/2010/03/12/why-is-there-medical-bankruptcy-11/#comments</comments>
		<pubDate>Fri, 12 Mar 2010 18:14:10 +0000</pubDate>
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		<description><![CDATA[Why is There Medical Bankruptcy   You often hear lots of bankruptcy stories  An individual with piles and piles of debts commonly declare bankruptcy  Heck, it&#8217;s actually the dreaded word anyone doesn&#8217;t want to experience  Why do people lead to being bankrupt? For one, getting all sorts of loans and credit [...]]]></description>
			<content:encoded><![CDATA[<p><b>Why is There Medical Bankruptcy  </b><br /> You often hear lots of bankruptcy stories  An individual with piles and piles of debts commonly declare bankruptcy  Heck, it&#8217;s actually the dreaded word anyone doesn&#8217;t want to experience  Why do people lead to being bankrupt? For one, getting all sorts of loans and credit cards from financial institutions will surely lead to debt problems when not handled properly  The typical causes of bankruptcies are due to the inability of an individual to pay their liabilities  If they can&#8217;t pay anymore, they have the option under the law to declare bankruptcy  However, there is a specific kind of bankruptcy which is increasing in number  . .The so-called medical bankruptcy is becoming popular to people who undergone medical treatment  As we all know, health care services are becoming expensive  The cost will depend on the type of service you availed and some other related charges  With all the charges like doctors&#8217; fee, medicines, hospital room fees and others, you will surely see yourself going broke  If you met an accident and injured yourself, you are putting your life on jeopardy  Not only that, your financial resources as well will suffer  It&#8217;s OK if you are from an affluent family and can support your bills  What if you&#8217;re income is just enough to cover your everyday expenses  . .Getting a needed medical treatment will surely put your financial situation into a breakdown  That&#8217;s why some people resort to medical bankruptcy  The reason for it is due to lack of financial resources  The medical bills seems too expensive and unreasonable to their finances  Some health institutions offer installment payments but the terms and conditions are just too disadvantageous  Even though you are allowed to pay in installments, the monthly payment is sometimes not affordable  Remember, if ever you undergone medical treatment, your physical body is still weak  Employment seems too impossible and you&#8217;re left with no income at all  . .How can you pay the health institution if you don&#8217;t have money? Unpaid medical bills to some extent can even lose some of your valuable properties like your home  Due to desperation, you will resort to loans which have higher interest rates  But if ever you can&#8217;t pay, the lender has the right to foreclose your property  You have no option but just to declare medical bankruptcy  Moreover, being bankrupt connotes negative consequences on your part  There are limitations set by the court once you declared bankruptcy  You cannot easily borrow from lending institutions for a certain period of time  . .To avoid medical bankruptcy, it is helpful to have medical insurance  In times of health treatments, the insurance company will take care of your bills  That would be very helpful to you  You don&#8217;t have to worry on where to get the money in paying all your bills  You can just relax within the comforts of your home and never get problematic on the matter  As much as possible, medical bankruptcy should be your last option  Find means on how you can fight being bankrupt  Better consult a professional to help with your problem . <br /><i>Source: www.rsstnx.com</i></p>
<p><b>Don   t Lose Your Home! Contact a Bankruptcy Attorney Today!    </b><br />The decision to file bankruptcy is a serious decision but it is a decision that can give you a fresh start if there is no other way out. Bankruptcy is a legal way to discharge unsecured debt that can provide an overwhelmed debtor with a new beginning. It may be possible to keep your present home and your car after filing bankruptcy. A law firm such as the Malaise Law Firm, with attorneys skilled in San Antonio baenkruptcy law can help you decide if bankruptcy is the correct decision for your particular situation. If the decision is made to file bankruptcy, they will explain to you the pros and cons of the two types of bankruptcy available to individuals, Chapter 7 and Chapter 13.   Chapter 7 is what most people usually think of as bankruptcy.  In Chapter 7 bankruptcy, a debtor   s non-exempt assets are liquidated or sold with the proceeds used to pay toward unsecured debts such as credit cards, loans, and medical bills.  In the majority of bankruptcy cases people do not lose any property and the unsecured creditors get nothing. Several months after filing bankruptcy the unsecured debts are discharged and the creditors can never collect on the debt. A secured creditor may still enforce a lien to recover property secured by the lien.   Chapter 13 is a debt reorganization or consolidation bankruptcy.  If a debtor has regular monthly income, their debts including mortgage arrears, car payments, credit card bills, medical bills, loans, student loans, etc. are combined into one low monthly payment.  Since the debtor is paying back their creditors through a repayment plan, the debtor does not risk losing their assets as they may under Chapter 7 bankruptcy laws.  During the repayment plan creditors are prevented from contacting the debtor without first going through the debtor   s bankruptcy attorney and the court. Millions of people declared bankruptcy in 2007 to get the fresh start they needed.  Contrary to popular belief, your credit is not permanently damaged and it is still possible to get credit after filing bankruptcy.   At the Malaise Law Firm, our San Antonio bankruptcy attorneys have over 40 years experience helping people file bankruptcy, with two board certified attorneys.  We put our emphasis on helping our clients do what is in their best interest and our clients needs always come first.   The Malaise Law Firm serves the residents of San Antonio, Houston, Dallas, Fort Worth, Corpus Christi, Harlingen, Brownsville, and McAllen, Texas with all of their legal needs including bankruptcy. If you would like to see what we can do to help you please contact The Malaise Law firm today at  http://www.malaiselawfirm.com/contactus or call 1-800-BANKRUPT for immediate assistance. or call 1-800-BANKRUPT for immediate assistance.Tom Moss writes about &lt;a href =&#34;http://www.MalaiseLawFirm.com&#34;&gt;Bankruptcy San Antonio&lt;/a&gt; laws.    <br /><i>Source: www.ArticlePros.com</i></p>
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		<title>Shouldn   t you be able to discharge your student loans in a bankruptcy?</title>
		<link>http://www.easy-bankrupt.com/2010/03/11/shouldn-t-you-be-able-to-discharge-your-student-loans-in-a-bankruptcy-12/</link>
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		<pubDate>Thu, 11 Mar 2010 19:42:14 +0000</pubDate>
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		<description><![CDATA[Shouldn   t you be able to discharge your student loans in a bankruptcy?    Many students today leave college and graduate schools with mounting bills before they ever commence their employment life.   In many cases these student loans can amount to an excess of $200,000.  The monthly payments [...]]]></description>
			<content:encoded><![CDATA[<p><b>Shouldn   t you be able to discharge your student loans in a bankruptcy?    </b><br />Many students today leave college and graduate schools with mounting bills before they ever commence their employment life.   In many cases these student loans can amount to an excess of $200,000.  The monthly payments new graduates face can be as significant as $1,200 per month.  Couple that payment with the uncertainty of the US and world economy and the situation truly appears to be grim.  Many of today   s young professionals and working class amass large unsecured debt through credit card purchases just to get by.  They do not earn even as much money as the median person in their state.  Many have purchased homes with current fair market values worth many thousands of dollars less then their mortgages, and in many cases fall behind on their payments.  What are their options negotiate with their creditors?  If these debtors can not afford to commit to the massive payments, then negotiation is not an option.  Their only true salvation is a chapter 7 bankruptcy.    The debtors certainly can get some relief from filing for bankruptcy.  If they have incurred massive credit card debt, medical bills, or even judgments for failure to pay debts, those all can be wiped out as unsecured debt.  If they can not afford their home, they can always walk away from it.  Even if the bank can not recoup their money and obtains a deficiency judgment against the debtor, that judgment is not secured as the mortgage was, it can also be stripped.  However, many young debtors largest concern and most significant payment comes in the form of their student loan.  What happens to that debt?  Currently, a student loan is not secured in any collateral, but it is considered a priority debt, and can not be wiped out quite so easily.  In order for a debt to be discharged, it first must be classified as a consumer debt.  The debt must have been incurred for a personal, household or family purpose. For example, most courts have held that taxes are not consumer debts within the meaning of the Bankruptcy Code.  Debts incurred in the production of income are generally not considered consumer debts.  Compass Bank v. Meyer (In re Meyer), 296 B.R. 849 (2003).  Other courts, including two courts of appeals, have adopted the &#8221;profit motive&#8221; test.  Baskin v. G. Fox and Co., 550 F. Supp. 64 (D. Conn. 1982). Under this test, a debt is not a consumer debt if it &#8221;was incurred with an eye toward profit.&#8221; In re Booth, 858 F.2d 1051, 1055, (5th Cir. 1988).  If a debt is incurred partly for business purposes and partly for personal, family or household purposes, the term &#8221;primarily&#8221; in the definition suggests that whether the debt is a &#8221;consumer debt&#8221; should depend upon which purpose predominates. Presumably, this determination would normally turn on the purpose for which most of the funds were obtained. In re Booth.  Under this test, courts have concluded that student loans may or may not be consumer debts, depending in part on the motivation for obtaining them. In re Stewart, 175 F.3d 796 (B.A.P. 10th Cir. 1997).  The court held a student loan classification depends on facts; in the case, classification of a portion of medical school loans as consumer debt was not erroneous.  If a court determines that a student loan is a consumer debt, which in and of itself still will not provide grounds to discharge the loan.  A court must find pursuant to Section 523(a)(8) of the US Bankruptcy Code, that the student loan qualifies as an    undue hardship which allows the court to discharge an otherwise nondischargeable priority debt if excluding the debt from discharge will necessitate an undue hardship on the debtor or the debtor&#8217;s dependents.  Such a judicial decision is discretionary with the bankruptcy judge in determining whether payment of the debt will cause undue hardship on the debtor, thus defeating the &#8221;fresh start&#8221; concept of the bankruptcy laws.  The most widely used test for evaluating the dischargeability of a student loan under section 523(a)(8) states that the debt is dischargeable if three conditions are met:  1. The debtor cannot maintain, based on current income and expenses, a &#8221;minimal&#8221; standard of living if forced to repay the loans; 2. There are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3. The debtor made good faith efforts to repay the loans. Brunner v. New York State Higher Educ. Servs. Corp., 831 F.2d 395 (2d Cir. 1987)  The Supreme Court has stated that section 523(a)(8) is &#8216;&#8217;self-executing&#8221; and that &#8221;[u]nless the debtor affirmatively secures a hardship determination, the discharge order will not include a student loan debt.&#8221;  Tennessee Student Assistance Corp. v. Hood, 541 U.S. 440 (2004).  In other words, student loan debt remains due until there is a determination that the loan is dischargeable.  Underwood v. United Student Aid Funds, Inc. (In re Underwood), 299 B.R. 471 (Bankr. S.D. Ohio 2003).  To demonstrate the current criteria used by the Bankruptcy court to discharge a student loan, the district of Massachusetts has set a high bar. The debtor was a 32 year old unmarried woman who suffered from relapsing, recurring Multiple Sclerosis. The debtor&#8217;s currently monthly income totaled $ 1101.  The court found that the debtor&#8217;s minimum expenses exceed her income. The debtor would have to give up her telephone and her gas money to become even marginally solvent. The court also found that the debtor had made Herculean efforts to both find work of a type she could perform and actually work despite facing daunting physical obstacles. Finally, the court found that the debtor&#8217;s current condition, which had worsened since she first became symptomatic, would continue to impair her ability to find employment that would improve her financial status. The court reasoned in part that it had been able to observe many of the debtor&#8217;s symptoms first-hand.  Denittis v. Educ. Credit Mgmt. Corp. (In re Denittis), 362 B.R. 57 (First Circuit for the District of Massachusetts 2007).  As a further example of how precarious a debtor   s situation must be, the same court as above denied the debtor   s motion to discharge her student loan.  The court held the educational loans were not dischargeable under 11 U.S.C.S.    523(a)(8) because the debtor&#8217;s prospects for increasing income over time were promising and, by slightly cutting her expenses, she could make the minimal payments towards her student loan obligations under the Income Contingent Repayment Plan.  Brunell v. Citibank (SD) N.A. (In re Brunell), 356 B.R. 567 (1st Circuit, 2006).The forgoing article on bankruptcy relief from student loans was drafted by Attorney Michael Goldstein, a &lt;a href=&#34;http://www.goldsteinandclegglaw.com/bankruptcy_blog&#34;&gt;Massachusetts Bankruptcy Attorney&lt;/a&gt;.    <br /><i>Source: www.ArticlePros.com</i></p>
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		<title>Debtor&#39;s Rights - Credit Report</title>
		<link>http://www.easy-bankrupt.com/2010/03/10/debtors-rights-credit-report-9/</link>
		<comments>http://www.easy-bankrupt.com/2010/03/10/debtors-rights-credit-report-9/#comments</comments>
		<pubDate>Wed, 10 Mar 2010 20:24:06 +0000</pubDate>
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		<category><![CDATA[Easy Bankrupt]]></category>

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		<description><![CDATA[Debtor&#39;s Rights - Credit Report    A bad credit report can prevent you from obtaining credit. If you have trouble obtaining credit, it might be because a credit agency has issued a bad report on you. You might be able to obtain a copy of your report and -if it contains false information [...]]]></description>
			<content:encoded><![CDATA[<p><b>Debtor&#39;s Rights - Credit Report    </b><br />A bad credit report can prevent you from obtaining credit. If you have trouble obtaining credit, it might be because a credit agency has issued a bad report on you. You might be able to obtain a copy of your report and -if it contains false information - get it corrected. Can I see my credit report? If you are denied credit, you are entitled to a free copy of the consumer credit report that formed the basis of the denial. The creditor is required to tell you the name of the credit reporting agency that prepared the report on you. You must request a copy of your credit report from the agency within sixty days of the denial. The three major credit reporting agencies are: Experian, (800) 301-7195 Equifax, (800) 525-6285 Trans Union, (800) 680-7289 When the creditor tells you the name of the reporting agency that furnished the report, call them to find out their address. Then write a letter to the agency requesting a copy of your report. Even if you have not been denied credit, it is probably a good idea to check your credit report for accuracy periodically. They often contain mistakes, and when you want to get a loan, you may not have time to correct them. Because you haven&#8217;t been denied credit, the report isn&#8217;t free. The credit reporting agency is allowed to charge you no more than $8.00 for a copy of your report. What information is in a credit report? In general, your credit report will contain information about your credit history during the last seven years. It will show: Whomyou have borrowed money from The amount of the debt Whether or not you made the promised payment on time and in full The identity of any creditor who has requested information about you If you file bankruptcy, the information remains on your credit report for ten years. What if my credit report is incorrect? You have a legal right to challenge the completeness and accuracy of any item in the report. Write a letter to the credit reporting agency explaining that some of the information in the report is incomplete or inaccurate. The agency must investigate your claim - without charge - within thirty days. The agency is required to delete any information that is inaccurate or whose accuracy cannot be verified. If the credit reporting agency&#8217;s investigation does not resolve the dispute, you have the right to send the agency a brief statement (generally 100 words or fewer) explaining your position. Your statement will become a part of your credit report and will be disclosed to creditors together with the other information in your file. If you believe a credit reporting agency has violated your rights, contact the Federal Trade Commission or see a lawyer who specializes in consumer rights. Henry Dahut. Please Visit Us at www.GotTrouble.com    <br /><i>Source: www.ArticlePros.com</i></p>
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		<title>Why is There Medical Bankruptcy</title>
		<link>http://www.easy-bankrupt.com/2010/03/09/why-is-there-medical-bankruptcy-10/</link>
		<comments>http://www.easy-bankrupt.com/2010/03/09/why-is-there-medical-bankruptcy-10/#comments</comments>
		<pubDate>Tue, 09 Mar 2010 22:16:04 +0000</pubDate>
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		<description><![CDATA[Why is There Medical Bankruptcy   You often hear lots of bankruptcy stories  An individual with piles and piles of debts commonly declare bankruptcy  Heck, it&#8217;s actually the dreaded word anyone doesn&#8217;t want to experience  Why do people lead to being bankrupt? For one, getting all sorts of loans and credit [...]]]></description>
			<content:encoded><![CDATA[<p><b>Why is There Medical Bankruptcy  </b><br /> You often hear lots of bankruptcy stories  An individual with piles and piles of debts commonly declare bankruptcy  Heck, it&#8217;s actually the dreaded word anyone doesn&#8217;t want to experience  Why do people lead to being bankrupt? For one, getting all sorts of loans and credit cards from financial institutions will surely lead to debt problems when not handled properly  The typical causes of bankruptcies are due to the inability of an individual to pay their liabilities  If they can&#8217;t pay anymore, they have the option under the law to declare bankruptcy  However, there is a specific kind of bankruptcy which is increasing in number  . .The so-called medical bankruptcy is becoming popular to people who undergone medical treatment  As we all know, health care services are becoming expensive  The cost will depend on the type of service you availed and some other related charges  With all the charges like doctors&#8217; fee, medicines, hospital room fees and others, you will surely see yourself going broke  If you met an accident and injured yourself, you are putting your life on jeopardy  Not only that, your financial resources as well will suffer  It&#8217;s OK if you are from an affluent family and can support your bills  What if you&#8217;re income is just enough to cover your everyday expenses  . .Getting a needed medical treatment will surely put your financial situation into a breakdown  That&#8217;s why some people resort to medical bankruptcy  The reason for it is due to lack of financial resources  The medical bills seems too expensive and unreasonable to their finances  Some health institutions offer installment payments but the terms and conditions are just too disadvantageous  Even though you are allowed to pay in installments, the monthly payment is sometimes not affordable  Remember, if ever you undergone medical treatment, your physical body is still weak  Employment seems too impossible and you&#8217;re left with no income at all  . .How can you pay the health institution if you don&#8217;t have money? Unpaid medical bills to some extent can even lose some of your valuable properties like your home  Due to desperation, you will resort to loans which have higher interest rates  But if ever you can&#8217;t pay, the lender has the right to foreclose your property  You have no option but just to declare medical bankruptcy  Moreover, being bankrupt connotes negative consequences on your part  There are limitations set by the court once you declared bankruptcy  You cannot easily borrow from lending institutions for a certain period of time  . .To avoid medical bankruptcy, it is helpful to have medical insurance  In times of health treatments, the insurance company will take care of your bills  That would be very helpful to you  You don&#8217;t have to worry on where to get the money in paying all your bills  You can just relax within the comforts of your home and never get problematic on the matter  As much as possible, medical bankruptcy should be your last option  Find means on how you can fight being bankrupt  Better consult a professional to help with your problem . <br /><i>Source: www.rsstnx.com</i></p>
<p><b>Filing For Bankruptcy    </b><br />Bankruptcy should be seen as the last resort for people who have got themselves into too much debt. It may seem the answer to all your prayers but bankruptcy is only able to solve certain debt issues. Remember, if you have filed for bankruptcy you may find it difficult to obtain credit in the future unless your bankruptcy has been cleared, or discharged for a number of years. Bankruptcy is very good for wiping out credit card debt. Unless you have a special secured credit card, your credit card balance is an unsecured debt. That means that the credit card company has no hold on anything that belongs to you if you do not pay back your debt. This is specifically the kind of debt that bankruptcy is designed to remove. Apart from credit card debt, you may have other unsecured debts, and bankruptcy can eradicate these as well. However, bankruptcy will not discharge your obligations to some other kinds of debts, including child support, alimony, tax debts, student loans, and any secured debts. If you are reading this then the chances are that you are considering filing for bankruptcy. Your debts have got to the point where you cannot afford the monthly payments that your creditors are demanding. However, there are numerous bankruptcy alternatives. The most important thing is not to panic and to sit down and look at your financial situation. If you reach the stage where you are in so much debt that you are considering bankruptcy then there are a number of measures that you can take to avoid bankruptcy. Firstly, you should cut up all of your credit cards. This may seem drastic, but it is the only way to avoid bankruptcy by guaranteeing that you do not increase your level of debt by charging more onto your credit cards. All lenders would prefer to receive some money rather than none at all and when you file for bankruptcy a number of your creditors will receive little or none of the proceeds. This is especially the case with your unsecured loans, such as credit cards. You should contact all of the people that you owe money to and explain the situation. Most will work out a repayment schedule with you as a bankruptcy alternative, giving you longer to pay off what you owe and sometimes even freezing the interest. John Rivers is owner of &lt;a href=&#34;http://www.financialadvisorynetwork.com&#34;&gt;Financial Advisory Network&lt;/a&gt;. His website offers information on financial planning, estate planning, and investment management.    <br /><i>Source: www.ArticlePros.com</i></p>
<p><b>Basic Information About Bankruptcy </b><br /> How will Filing for Bankruptcy Affect my Credit? . .Bankruptcy is a life changing event in any person&#8217;s life, with long lasting consequence  For example, a record of the bankruptcy will appear in the Public Records section of your consumer credit report for the next ten years  Having said that, however, consumers can and do seek and obtain credit after going through bankruptcy  . .What Information will be on my Credit Reports? . .In addition to the public record of the bankruptcy, each of your creditors that were included in the bankruptcy will update your account to reflect the bankruptcy  The exact information reported will vary based upon the history of the account at the time the bankruptcy is filed  In general, most accounts should be reported as &#8220;Included in Bankruptcy &#8221; Some may refer to the specific type of bankruptcy with remarks such as &#8220;Chapter 7&#8243; or &#8220;Wage earner repayment plan &#8221; . .After bankruptcy, the balance, current payment, and amount past due should all reflect zero dollars  However, if you were late on your bills before your bankruptcy was filed, those notations may or may not appear on your credit reports  The last part of this article discusses how to dispute false information on your credit reports after bankruptcy  . .Will I be Able to Get Credit after Bankruptcy? . .For the majority of consumers that file for bankruptcy and either obtain a discharge (Chapter 7) or complete their repayment plan (Chapter 13), the answer is &#8220;Yes&#8221;  It is likely that credit will be more costly than prior to bankruptcy, which may be reflected in higher interest rates, security deposits, or lower amounts of credit offered  The two most important factors in being able to obtain credit after bankruptcy are 1) paying all of your bills on time after bankruptcy; and 2) the length of time that passes after your bankruptcy  Obviously, you have control over the former, but not the latter  Consumers can rebuild their credit after bankruptcy by using low limit or secured credit card accounts, and conscientiously paying them off each and every month  . .How to Dispute False Credit Reports after Bankruptcy . .As noted above, post-bankruptcy credit reports should show discharged accounts as &#8220;Included in Bankruptcy&#8221; with a zero balance and zero past due  Often these accounts are reported inaccurately, or have not been updated with the correct information  Under the Fair Credit Reporting Act, consumers have the right to dispute false or incomplete information in their credit reports  . .First, get a copy of your credit report  Consumers can request their free annual credit report by writing to Annual Credit Report Request Service, P O  Box 105281, Atlanta, GA 30348-5281  The request form is available at the annualcreditreport com website  . .Next, send a written dispute letter to the credit reporting agencies  Tell them that you filed for bankruptcy, and give them the bankruptcy court case number  List the specific accounts and account numbers which were discharged  Send your letter via certified mail, with a return receipt requested  Keep a copy of your signed, dated letter, along with copies of enclosures  . .If you cannot get false information deleted from your credit report, you may want to talk to a consumer protection attorney about your rights under the Fair Credit Reporting Act . <br /><i>Source: www.rsstnx.com</i></p>
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		<title>Is Bankruptcy The End Of The Road</title>
		<link>http://www.easy-bankrupt.com/2010/03/08/is-bankruptcy-the-end-of-the-road-22/</link>
		<comments>http://www.easy-bankrupt.com/2010/03/08/is-bankruptcy-the-end-of-the-road-22/#comments</comments>
		<pubDate>Tue, 09 Mar 2010 00:48:01 +0000</pubDate>
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		<description><![CDATA[Is Bankruptcy The End Of The Road   When the modifications to U S  Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul  The credit industry worked hard to get this passed, and at first blush, it does appear to [...]]]></description>
			<content:encoded><![CDATA[<p><b>Is Bankruptcy The End Of The Road  </b><br /> When the modifications to U S  Bankruptcy Code made it more difficult for people to declare bankruptcy and have debts forgiven, many consumer rights activists cried foul  The credit industry worked hard to get this passed, and at first blush, it does appear to work against debtors  . .On the other hand, the changes did debtors a favor in some respects  By making it harder to seek bankruptcy protection, the new laws made it mandatory that those who might not need to declare bankruptcy go through credit counseling and enter a repayment plan if possible  The changes also revealed just how desperate creditors are to keep your debts from being written off completely  Armed with that knowledge, there are ways to avoid bankruptcy and right your personal financial ship  . . .Pennies on the Dollar . .Everyone has seen or heard ads for law firms or other agencies that will work with creditors and settle your debts for virtually nothing  This can happen, but there are some caveats  One is that many such agencies are not reliable or trustworthy  If they are full-fledged law firms, they will have some oversight from the state supreme court&#8217;s disciplinary counsel, as well as the local bar association  Even so, be wary and investigate before signing on with anyone  . .Further, these agencies collect your money for a time without paying your creditors  Your accounts will get further behind while you pay them, knocking your credit score down nearly as much as a bankruptcy would  If you are struggling to make ends meet but paying on time or nearly so, this is a fairly unpalatable option  . .Finally, to the extent that these agencies do help, you may be able to do the same for yourself  While some creditors are more willing than others to settle for lower dollar amounts, any of them would rather take something than nothing  Thus, if you are already that far behind, you might try saving yourself some fees that would be charged by the agencies by negotiating for yourself  . .Credit Counseling . .An adage that has been unfairly applied to lawyers is true in the area of credit counselors; 99 percent of them give the rest a bad name  Class action suits against these groups abound, and internet message boards are full of angry stories  A good credit counseling agency can help immensely  . .The way such agencies work is to work out a payment plan with you based on what you can afford  They then apply it to paying off your creditors based on preset rate reductions  They are funded by the credit industry, which is a major turn off for some people  However, the credit industry pays them to do something that helps the consumer; they help you pay your accounts off, at a lower interest rate than you might get otherwise  . .Again, many of these agencies are unreliable, paying late or not at all  Many creditors, upon your telling them you plan to work through a credit counseling agency, will try to talk you out of it for this reason  When they do, listen  You may be able to work out a better deal for yourself than the agency could  The creditors want to be paid to the extent possible; they have no incentive to ruin your credit by forcing you into bankruptcy  . .If you do decide to go through a credit counselor, investigate first  Is the agency accredited? What complaints against them have been filed with the Better Business Bureau and how have they been resolved? Find a place you can trust  . .Conclusion . .There are ways to avoid bankruptcy in most cases  If you have lost everything with uninsured hospital bills, that is one thing  Being behind on your bills and overextended on credit need not push most people over that edge  Creditors want you solvent so they can collect something; you want yourself solvent so you can obtain credit again someday  The U S  government wants you solvent so you can contribute to the economy  Look into your options and you will learn that you can usually find your way out of the bankruptcy hole before you hit bottom . <br /><i>Source: www.rsstnx.com</i></p>
<p><b>Bankruptcy Alternatives Explained    </b><br />There are many steps you can take in efforts to improve your credit, eliminate your debt, and avoid bankruptcy. Which should be the ultimate goal of all people, while bankruptcy is an excellent method of helping you clear up your debt, it should only be used as a last resort. Bankruptcy remains on your credit for up to ten years and it could result in the inability to retain any other type of credit until it has been removed or several years has passed. On thing that a debtor can do, this is especially true if they have no income or assets, is to do nothing. Yes that is right nothing, if you have no assets or income that can be garnished bankruptcy would not benefit you in any way, your financial situation would not change as a result. It is likely that without anything of high value, credits would not attempt to take any court action against you because there would be nothing they could collect. Another step you could take is to undergo credit counseling, you would learn how to manage your money to reduce the debt. You could create a budget that contains your monthly income and expenses, thus reducing expenses. By doing this, any extra money you have could go towards reducing the debt you owe to creditors. You could also begin negotiation with your creditors, most of them realize that bankruptcy is a viable option for those who have more debt than they can handle. For this reason, most will be willing to ?take what they can get? rather than get nothing if the debtor files bankruptcy. This option requires that the debtor has income or assets that can be used in efforts to raise money to apply towards the debt you owe. Additionally, this can allow you to rebuild your credit instead of applying a negative bankruptcy on it. Debt consolidation is another bankruptcy alternative that many could consider, by consolidating your debts into one low monthly payment you could easily reduce the amount of your debt, get the creditors off your back and avoid bankruptcy. Finally, another option of avoiding bankruptcy is to make a formal proposal directly to your creditors. This proposal or also knows as a deal, will allow you to create a payment plan. It is all dependent upon what area of the world you live in and the laws surrounding the area of debt compromise. Tim Renolds is the owner of &lt;a href=&#34;http://www.loan-source.co.uk&#34;&gt;Debt Consolidation Loan&lt;/a&gt; providing Uk homeowners with a free loan quote service. Visit us today for a free no obligation quote.    <br /><i>Source: www.ArticlePros.com</i></p>
<p><b>Different Ways to File the Bankruptcy    </b><br />A bankruptcy is the last option any businessman wants to take. They can cause a big dent on their credit rating and deeply ruin their reputation. But sometimes filing for bankruptcy is the only solution to get a person out of dire straits.  An important thing when looking for the right form is location. Make sure it is for the state and whatever locality that you are in. State laws vary widely, so it is especially important to find the form for the state you live in. It is worthless if it&#8217;s for the wrong state. Also, make sure that the form is official. Look for government seals, or compare it with the others, and it will be easy to see whether it is or not. Filing with an illegitimate form won&#8217;t do you much good.  There are various steps which you must follow when you want to file the bankruptcy. First, you have to fill out a bankruptcy form where you will provide your personal information and information on your finances, recent financial transactions, secured and unsecured debts, expenses, creditors, assets, and tax returns. This will serve as a petition. Upon filing, you will have to submit one original copy plus three other copies to your local United States bankruptcy court. You will keep one copy for yourself for reference. At this stage, you can ask the help of a bankruptcy lawyer to help you decide on what kind of bankruptcy you want to file. If you choose to file a Chapter 13 bankruptcy, you will be required to pass a repayment plan of three to five years.   Research your options as it relates to filing. Some people choose to file without the aid of a lawyer. But it&#8217;s highly recommended to hire a lawyer. Your research should help you decide on a lawyer. In most cases, people who choose large firms to represent them will work with a paralegal and not the lawyer. Try to find a firm in which you have direct contact with your lawyer.  In filing a bankruptcy case, do not use your credit cards. If you do so with the intent to file, a creditor can challenge the discharge of the debt owed or even your right to discharge any debt. If you obtained the debt knowing that you could not repay it, you may not be able to discharge that debt if the creditor challenges it through a lawsuit, or adversary proceeding, in your bankruptcy case.  Immediately upon filing, there will be a provision to prevent creditors from contacting you or laying claim on your property for a month. After a month, the bankruptcy trustee will call for a meeting where you and your creditors will have to attend. This meeting is called the 341 meeting. This meeting usually lasts just five minutes. If both parties are not able to compromise and an objection is made, a judge will intervene. If a compromise is reached however, a notice from the court will be sent to you after four to six months discharging you from debts.Steve Buchanan writes article on many topics including &lt;a href=&#34;http://www.bankruptcyinformations.com&#34;&gt;Bankruptcy advice&lt;/a&gt; and &lt;a href=&#34;http://blog.bankruptcyinformations.com&#34;&gt;bankruptcy information&lt;/a&gt;.     <br /><i>Source: www.ArticlePros.com</i></p>
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		<title>How to Avoid Bankruptcy</title>
		<link>http://www.easy-bankrupt.com/2010/03/08/how-to-avoid-bankruptcy-9/</link>
		<comments>http://www.easy-bankrupt.com/2010/03/08/how-to-avoid-bankruptcy-9/#comments</comments>
		<pubDate>Mon, 08 Mar 2010 05:28:05 +0000</pubDate>
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		<category><![CDATA[Easy Bankrupt]]></category>

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		<description><![CDATA[ How to Avoid Bankruptcy    Although bankruptcy offers some people a clean slate, it is by no means an easy solution. Bankruptcy will destroy your credit and may possibly force you to sell your assets. It could also affect your future employment. In addition, 2005 bankruptcy reform laws made it more difficult [...]]]></description>
			<content:encoded><![CDATA[<p><b> How to Avoid Bankruptcy    </b><br />Although bankruptcy offers some people a clean slate, it is by no means an easy solution. Bankruptcy will destroy your credit and may possibly force you to sell your assets. It could also affect your future employment. In addition, 2005 bankruptcy reform laws made it more difficult to file for chapter 7 bankruptcy, and limited other bankruptcy rights.  If you want to preserve your credit, you will be much better off if you do whatever you can to avoid bankruptcy. Although it&#8217;s not easy, it&#8217;s worth the effort.   Follow these steps to avoid bankruptcy.  Total All Your Debts  Only once you have a true picture of your debt can you take the next steps to avoid bankruptcy. Gather every bill, every statement, and every document that has an effect on your financial situation. Total up both your debts and your assets. Include your mortgage as a debt and the value of your home as an asset.  Now break down those debts into good and bad categories. Good debts are home loans and student loans. Bad debts are credit card debts, personal loans, high-rate car loans, and medical bills.  You should also list the interest rates and minimum payments for all your debts.   Reduce Your Expenses  Now total up all your expenses &mdash; everything you spend. Even the $1 you spend in the vending machine at the office should be included. Divide those two figures into necessities and non-necessities. Necessities are items you need to survive, like groceries and housing.   Non-necessities are nice things to have, but which you don&#8217;t need, like that vending machine candy bar or designer sneakers.  Add up the minimum payments on your debts and the monthly cost for necessities. This is the minimum amount you need to cover your bills for the month. If you don&#8217;t earn enough to cover them, then you need to find a way to reduce your minimum debt payments or necessities. Even little steps like switching from name brands to generics and canceling cable can help.  If you can cover your monthly bills, but aren&#8217;t making enough to pay down debt, then start cutting non-necessities until you free up enough money to reduce your debt.  Consolidate Debt  If you have multiple small debts, getting rid of any one of them can be a challenge. By consolidating debt, you not only reduce the total number of bills and minimum payments you owe, but you also reduce the interest rate. So you can reduce your debt faster. In addition to consolidating debt, you can get out of debt faster by paying more than the minimum payment every month. Funnel as much money as you can towards your debt every month.  Consult a Credit Counselor  Contact a reputable credit counselor if you need help totaling your debts, finding ways to reduce expenses, or consolidating debt. In addition to teaching you money management, they can help you qualify for a consolidation loan, whether it&#8217;s in the form of a home equity loan or a personal loan. In some cases, they can help you set up a debt management program. Although there are fees, it may be what you need to avoid bankruptcy.  Consider Debt Settlement  If your debt vastly outweighs your income, then you may need to consider debt settlement. A credit counselor may be able to negotiate with your creditors to reduce the balance owed. Although debt settlement will ding your credit, it&#8217;s not as big a hit as bankruptcy. Debt settlement shouldn&#8217;t be taken lightly, but it is a way to avoid bankruptcy if you&#8217;ve exhausted all other options. No matter how you got into debt, you can get out of it without resorting to bankruptcy. Although there are situations where it&#8217;s the only reasonable option, it&#8217;s best for your credit and your financial future to avoid it.Justin narin has 5 years experience as a financial adviser; his key areas are loan consolidation, debt relief, mortgages etc. For more free articles and advice visit http://www.bills.com/avoid-bankruptcy/    <br /><i>Source: www.ArticlePros.com</i></p>
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		<title>Shouldn   t you be able to discharge your student loans in a bankruptcy?</title>
		<link>http://www.easy-bankrupt.com/2010/03/07/shouldn-t-you-be-able-to-discharge-your-student-loans-in-a-bankruptcy-11/</link>
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		<pubDate>Sun, 07 Mar 2010 07:18:02 +0000</pubDate>
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		<description><![CDATA[Shouldn   t you be able to discharge your student loans in a bankruptcy?    Many students today leave college and graduate schools with mounting bills before they ever commence their employment life.   In many cases these student loans can amount to an excess of $200,000.  The monthly payments [...]]]></description>
			<content:encoded><![CDATA[<p><b>Shouldn   t you be able to discharge your student loans in a bankruptcy?    </b><br />Many students today leave college and graduate schools with mounting bills before they ever commence their employment life.   In many cases these student loans can amount to an excess of $200,000.  The monthly payments new graduates face can be as significant as $1,200 per month.  Couple that payment with the uncertainty of the US and world economy and the situation truly appears to be grim.  Many of today   s young professionals and working class amass large unsecured debt through credit card purchases just to get by.  They do not earn even as much money as the median person in their state.  Many have purchased homes with current fair market values worth many thousands of dollars less then their mortgages, and in many cases fall behind on their payments.  What are their options negotiate with their creditors?  If these debtors can not afford to commit to the massive payments, then negotiation is not an option.  Their only true salvation is a chapter 7 bankruptcy.    The debtors certainly can get some relief from filing for bankruptcy.  If they have incurred massive credit card debt, medical bills, or even judgments for failure to pay debts, those all can be wiped out as unsecured debt.  If they can not afford their home, they can always walk away from it.  Even if the bank can not recoup their money and obtains a deficiency judgment against the debtor, that judgment is not secured as the mortgage was, it can also be stripped.  However, many young debtors largest concern and most significant payment comes in the form of their student loan.  What happens to that debt?  Currently, a student loan is not secured in any collateral, but it is considered a priority debt, and can not be wiped out quite so easily.  In order for a debt to be discharged, it first must be classified as a consumer debt.  The debt must have been incurred for a personal, household or family purpose. For example, most courts have held that taxes are not consumer debts within the meaning of the Bankruptcy Code.  Debts incurred in the production of income are generally not considered consumer debts.  Compass Bank v. Meyer (In re Meyer), 296 B.R. 849 (2003).  Other courts, including two courts of appeals, have adopted the &#8221;profit motive&#8221; test.  Baskin v. G. Fox and Co., 550 F. Supp. 64 (D. Conn. 1982). Under this test, a debt is not a consumer debt if it &#8221;was incurred with an eye toward profit.&#8221; In re Booth, 858 F.2d 1051, 1055, (5th Cir. 1988).  If a debt is incurred partly for business purposes and partly for personal, family or household purposes, the term &#8221;primarily&#8221; in the definition suggests that whether the debt is a &#8221;consumer debt&#8221; should depend upon which purpose predominates. Presumably, this determination would normally turn on the purpose for which most of the funds were obtained. In re Booth.  Under this test, courts have concluded that student loans may or may not be consumer debts, depending in part on the motivation for obtaining them. In re Stewart, 175 F.3d 796 (B.A.P. 10th Cir. 1997).  The court held a student loan classification depends on facts; in the case, classification of a portion of medical school loans as consumer debt was not erroneous.  If a court determines that a student loan is a consumer debt, which in and of itself still will not provide grounds to discharge the loan.  A court must find pursuant to Section 523(a)(8) of the US Bankruptcy Code, that the student loan qualifies as an    undue hardship which allows the court to discharge an otherwise nondischargeable priority debt if excluding the debt from discharge will necessitate an undue hardship on the debtor or the debtor&#8217;s dependents.  Such a judicial decision is discretionary with the bankruptcy judge in determining whether payment of the debt will cause undue hardship on the debtor, thus defeating the &#8221;fresh start&#8221; concept of the bankruptcy laws.  The most widely used test for evaluating the dischargeability of a student loan under section 523(a)(8) states that the debt is dischargeable if three conditions are met:  1. The debtor cannot maintain, based on current income and expenses, a &#8221;minimal&#8221; standard of living if forced to repay the loans; 2. There are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3. The debtor made good faith efforts to repay the loans. Brunner v. New York State Higher Educ. Servs. Corp., 831 F.2d 395 (2d Cir. 1987)  The Supreme Court has stated that section 523(a)(8) is &#8216;&#8217;self-executing&#8221; and that &#8221;[u]nless the debtor affirmatively secures a hardship determination, the discharge order will not include a student loan debt.&#8221;  Tennessee Student Assistance Corp. v. Hood, 541 U.S. 440 (2004).  In other words, student loan debt remains due until there is a determination that the loan is dischargeable.  Underwood v. United Student Aid Funds, Inc. (In re Underwood), 299 B.R. 471 (Bankr. S.D. Ohio 2003).  To demonstrate the current criteria used by the Bankruptcy court to discharge a student loan, the district of Massachusetts has set a high bar. The debtor was a 32 year old unmarried woman who suffered from relapsing, recurring Multiple Sclerosis. The debtor&#8217;s currently monthly income totaled $ 1101.  The court found that the debtor&#8217;s minimum expenses exceed her income. The debtor would have to give up her telephone and her gas money to become even marginally solvent. The court also found that the debtor had made Herculean efforts to both find work of a type she could perform and actually work despite facing daunting physical obstacles. Finally, the court found that the debtor&#8217;s current condition, which had worsened since she first became symptomatic, would continue to impair her ability to find employment that would improve her financial status. The court reasoned in part that it had been able to observe many of the debtor&#8217;s symptoms first-hand.  Denittis v. Educ. Credit Mgmt. Corp. (In re Denittis), 362 B.R. 57 (First Circuit for the District of Massachusetts 2007).  As a further example of how precarious a debtor   s situation must be, the same court as above denied the debtor   s motion to discharge her student loan.  The court held the educational loans were not dischargeable under 11 U.S.C.S.    523(a)(8) because the debtor&#8217;s prospects for increasing income over time were promising and, by slightly cutting her expenses, she could make the minimal payments towards her student loan obligations under the Income Contingent Repayment Plan.  Brunell v. Citibank (SD) N.A. (In re Brunell), 356 B.R. 567 (1st Circuit, 2006).The forgoing article on bankruptcy relief from student loans was drafted by Attorney Michael Goldstein, a &lt;a href=&#34;http://www.goldsteinandclegglaw.com/bankruptcy_blog&#34;&gt;Massachusetts Bankruptcy Attorney&lt;/a&gt;.    <br /><i>Source: www.ArticlePros.com</i></p>
<p><b>6 Things to do if involved in a Motorcycle Accident    </b><br />Motorcycle accidents have a reputation for being some of the deadliest. Motorcycles offer little protection to riders in the event of an accident; therefore the injuries are often severe requiring long recovery periods.   Usually, motorcycle accidents are not the biker   s fault. Due to the size difference between a motorcycle and passenger vehicle, motorcycles are harder to see and are frequently lost in the passenger vehicle   s    blind spot.    Due to this fact biker   s are often sideswiped by vehicles that simply did not see them.  Some shocking statistics from the National Highway Traffic Safety Administration show that motorcyclists are 32 times more likely to die in an accident than passenger vehicle occupants, and 6 times more likely to suffer injuries. It is important to remember that biker   s are entitled to compensation for injuries due to someone else   s negligence as well as passenger vehicle drivers.   If you are involved in a motorcycle accident it is important to remember the following things: 1. Report the accident to police. The police report is helpful to your auto accident injury lawyer in determining fault.  2. Record the names and statements of witnesses to your accident. Take pictures and record any unusual circumstances or whether that may have contributed to the accident. This will be especially useful should your case go to court. 3. Do not speak with any insurance agents or adjusters that may show up at the scene. This is an unscrupulous tactic sometimes used to get people to admit fault or say something that could hurt their claim. 4. Call your insurance company to report the accident. Do not speak with the other party   s insurance carrier. Let your motorcycle accident injury lawyer deal with them. 5. Even if you feel you haven   t sustained a serious injury, it is a good idea to get checked out by a physician. Some brain injuries do not show up right away and insurance companies may be reluctant to pay for an injury later on. 6. Contact a motorcycle accident injury lawyer as soon as possible.Michele Wallace, the author of this article, writes for the &lt;a  href=  http://www.maliselawfirm.com/&gt;&lt;b&gt; MaliseLawFirm&#34;&lt;/b&gt;&lt;/a&gt;. Malaise handles motorcycle accident cases for the citizens of San Antonio.      <br /><i>Source: www.ArticlePros.com</i></p>
<p><b>Advice To Help You Choose The Best Bankruptcy Lawyer </b><br /> Bankruptcy is a heartbreaking situation, and in these difficult economic times it is no surprise that many people who thought they were financially solvent are now finding themselves in situations where they have to declare bankruptcy  . .If you are a Dallas resident and find that you are faced with the definite or possibility of having to declare bankruptcy, you might want to consider hiring a bankruptcy attorney to assist you  You can do a bit of research using the Internet, where you will find sites for many Dallas bankruptcy firms  Most professionals now have a website, and luckily many of these include professionals in the legal field  . . .A very important thing to remember is that the first Dallas bankruptcy lawyer you come across is not always going to be the best for your situation  If you are looking at the attorney&#8217;s website, try to find a portfolio that describes the firm&#8217;s specialty, as well as background information and experience  This can be evident in a win/lose ratio, where the lawyer went to school, how long they have been practicing law, and where they have practiced before  . .You&#8217;ll also want to look at the cost of an attorney  Granted, you don&#8217;t want a bargain basement bankruptcy attorney; but you do want someone who&#8217;s not going to rob you blind  You are after all in a financial mess, and there&#8217;s no reason to dig yourself farther into the hole  . .It is safe to assume that in a city as big as Dallas, you will have a massive amount of Dallas bankruptcy lawyers to choose from, so it&#8217;s okay to be a little finicky when it comes to choosing one  Your case is important and you should only choose an attorney which you feel you can get along with so you can easily communicate and discuss your options  You are entrusting not only your case, but your trust and confidence into this person, so be sure you do your homework and choose wisely!. <br /><i>Source: www.rsstnx.com</i></p>
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		<title>Consumer Bankruptcy Lawyers Why You Need One</title>
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		<pubDate>Sat, 06 Mar 2010 11:54:03 +0000</pubDate>
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		<description><![CDATA[Consumer Bankruptcy Lawyers   Why You Need One  There are some people who love to do everything by themselves  They hate to ask for directions on the highway, and they never read a manual in putting together some home equipment  They&#8217;re the kind of people who don&#8217;t think they need help [...]]]></description>
			<content:encoded><![CDATA[<p><b>Consumer Bankruptcy Lawyers   Why You Need One </b><br /> There are some people who love to do everything by themselves  They hate to ask for directions on the highway, and they never read a manual in putting together some home equipment  They&#8217;re the kind of people who don&#8217;t think they need help from anyone, even when declaring bankruptcy  Do they really need a consumer bankruptcy lawyer? . .I think it&#8217;s admirable to try to do things by yourself, but there is of course a limit  There are situations where you need someone&#8217;s help, whether that help comes from a friend or a professional advisor  If you&#8217;re looking to declare bankruptcy, you obviously have some serious financial problems and need some outside help  . . .After all, chances are you did not see the situation coming, and your choices were not effective in preventing financial turmoil  I don&#8217;t mean to be harsh, and there may be other circumstances that people are simply not aware of  Sometimes an outside force seems to wreak havoc in our financial life, and problems like medical emergencies or other issues may force us to declare bankruptcy even if we&#8217;d been keeping up with our bills each month  . .In any case, you have now reached a point where you need help to solve your financial problems whether you like it or not  In the case of bankruptcy, the situation is complex (especially with the recent changes in the bankruptcy code), and you truly need the assistance of a good bankruptcy attorney to help you through the process  . .The consumer bankruptcy lawyer is best because you need someone with experience in bankruptcy law and not just general practice  In addition, you want someone experienced in helping consumers file Chapter 7 and Chapter 13 bankruptcies instead of some sort of corporate lawyer who specializes in Chapter 11 (business restructuring)  . .Even before you find a consumer bankruptcy lawyer, however, you should go ahead and do your homework before choosing bankruptcy  Look at your other alternatives and see if you can find a better way to solve your problems  Also, try to read other articles and find out the basic rules regarding bankruptcy so you can see how they would apply to your situation  This kind of background is good and will help save time when you speak to your lawyer  Of course, time is money, especially when speaking with a lawyer!. <br /><i>Source: www.rsstnx.com</i></p>
<p><b>Finding that Perfect Bankruptcy Attorney isn   t that Hard    </b><br />Bankruptcy can be a very confusing time in one   s life because although it means seeking out a bankruptcy attorney to bring about some sort of financial stability, it also means putting your immediate financial future on hold.  On the other hand, you won   t have to worry about creditors harassing you anymore.  Even though filing bankruptcy constitutes a fresh start, the fresh start doesn   t begin until ten years after your bankruptcy is discharged. In the meantime, it is possible to acquire some credit from those creditors who are friendly to those who have filed bankruptcy.  But you must first find a bankruptcy attorney to get the ball rolling. Some charge different rates to get your bankruptcy started, so you want to find an attorney who has reasonable rates.  A great place to check is the website Get Lawyer Advice where you can get legal advice and a list of lawyers for each state. Upon locating the appropriate bankruptcy attorney, you can begin your journey to financial stability.  Whether you are filing a chapter 13 bankruptcy or chapter 7, your attorney is going to ask that you put some money down or pay the entire amount toward filing your bankruptcy.  After you have put down the specified amount, your bankruptcy attorney will then look at creditor statements, etc. to ensure your amount of debt exceeds the specified amount that enables you to file bankruptcy. Once this is determined, your attorney will fill out a petition and by law you will be required to attend a credit counseling session.  Unfortunately, if you are not happy with the attorney performing your bankruptcy, they may not refund your money. There are cases in which this has happened and clients have had to move on to another attorney. Again, this is why it is important that you research who you want to be your representing attorney and the internet is a great way to do that.  Just remember that finding a good bankruptcy attorney does not have to be difficult with powerful tools such as the internet. Simply look at what other people have to say regarding the various attorneys, look at track records, and years of experience. With this, you will surely find yourself a competent attorney to handle your bankruptcy inquiry.  To find that perfect bankruptcy attorney, go to www.getlawyeradvice.com to locate a bankruptcy lawyer within your state and learn valuable information regarding bankruptcy laws and procedures.http://www.getlawyeradvice.com     <br /><i>Source: www.ArticlePros.com</i></p>
<p><b>Top 4 Reasons People File For Bankruptcy </b><br /> Bankruptcy can be a way out for many families who find themselves overwhelmed with too much debt  It is a big decision with long-term consequences, and you should never be entered into lightly  Nevertheless, it does provide relief for many people who need drastic assistance in debt relief  . .Here are four common reasons people file for bankruptcy  . .1  Avoiding foreclosure . .Chapter 7 bankruptcy can wipe out many consumer debts, but it doesn&#8217;t guarantee that you&#8217;ll get to keep your assets  For example, if you owe credit card debt, chapter 7 can protect your home from creditors  Credit cards are unsecured debt, which means that there is no collateral backing up the loan  . .However, if you are behind on your mortgage payments and are facing foreclosure, you may need to file Chapter 13 bankruptcy and establish a payment plan so you can catch up on your mortgage payments  This is because Chapter 7 does not eliminate your obligation to the lien holders such as the mortgage company or bank  . .2  Prevent repossession of your vehicle . .Just like your house payments have to be made even if you file for bankruptcy, your car loan has to be paid off if you intend to keep the vehicle  You can use Chapter 13 bankruptcy to form a repayment plan for your debts, usually over the next three to five years  . .3  Medical bills . .A common reason why many families have to end up in bankruptcy court is the high cost of medical bills  Catastrophic events like the need for emergency surgeries can overwhelm a family who is uninsured or underinsured  . .4  Unemployment . .Many unfortunate people have lost their jobs or had their hours reduced during this economic downturn  This reason doesn&#8217;t need much explanation, since it&#8217;s obvious that a reduction in income will make it more difficult to keep up with your bills  What we should say is that filing Chapter 7 or Chapter 13 can help with your situation, but you should explore all options carefully before making a decision  . .Sometimes simple solutions like getting a part-time job or using debt negotiation can solve your problems without resorting to legal action that can damage your credit score for years to come . <br /><i>Source: www.rsstnx.com</i></p>
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