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A District Court judge in Indiana has dismissed claims against one credit reporting agency and granted another a motion for summary judgment in a Fair Credit Reporting Act case involving credit reporting, disputes, and bankruptcy.
THE COMPLIANCE DIGEST IS SPONSORED BY: BK Filings Surge in 2024, Continuing Rebound from Historic Lows Total bankruptcy filings jumped 14.2% WHAT THIS MEANS, FROM LAURIE NELSON OF PAYMENT VISION: The surge in bankruptcy filings in 2024 presents both challenges and strategic opportunities. Ocwen Loan Servicing, LLC, No.
Many people assume that because they have filed bankruptcy, their credit is ruined, and they will not be able to qualify for any loans. There are a number of steps you can take to improve your credit score and to make it likely that you can be approved for a loan. This is not true. More on both of those below.).
It’s tempting to believe that filing for bankruptcy is like having a magical wizard wave his wand to make all of your problems disappear. Bankruptcy isn’t rare in the Hoosier state; Indiana has the 7th highest percentage of bankruptcies in the United States, based on population: 22,748 in 2019, or 3.38 per every 1,000 people.
One issue that you may worry about when filing for bankruptcy is whether or not it will affect your employment. In the midst of a stressful financial time when you are having to accept the idea that your finances are changing, it is normal to believe that there is a stigma attached to bankruptcy. Bankruptcy Code (11 U.S.
A judgment is an order issued by a court of law. If they are successful, the court issues a judgment against you. What Happens After a Judgment Is Entered Against You? The court enters a judgment against you if your creditor wins their claim or you fail to show up to court. What Is a Judgment on Property?
Difficult financial situations are never in our plans, so those who file for bankruptcy are often left with a lot of questions about what they can and can’t do once proceedings are completed. One of the confusing subjects surrounding bankruptcy is car buying. Differences between Chapter 7 and Chapter 13 Bankruptcies.
Filing for Chapter 7 or Chapter 13 Bankruptcy: Chapter 7 will wipe out (discharge) your medical debt along with other unsecured debt, but you must have low enough income to pass the means test in order to qualify for it. Chapter 13 bankruptcy is discussed below. Ten facts About Chapter 13 Bankruptcy and Medical Bills: #1.
If you are thinking of filing for Chapter 7 or Chapter 13 bankruptcy, or if you have already filed, you may be concerned about how long the bankruptcy will stay on your credit report. There is a simple answer to this: It will stay on for ten years if you filed Chapter 7 bankruptcy and seven years if you filed Chapter 13.
Nobody wants to be in a situation where they have to file for bankruptcy, but for the self-employed, it can be a doubly crushing blow. You may even have doubts about whether or not self-employed people are eligible to file for bankruptcy. For both of these types of bankruptcy, you will need to gather some paperwork. Chapter 13.
The Bankruptcy Code enables a trustee to set aside certain transfers made by debtors before bankruptcy. In 2008, Greektown Casino, Holdings, and other related entities filed for bankruptcy. The court thus granted the motion for summary judgment. See 11 U.S.C. §§ §§ 544, 547, 548. financial institution.
If you’re struggling with overwhelming debts, Chapter 7 bankruptcy could be your best option. Chapter 7 is the most common form of bankruptcy for individuals and families, and it allows you to discharge many of your unsecured debts within only a few months. What is Chapter 7 Bankruptcy?
Getting loans, credit cards and other types of credit can be difficult for borrowers without a good credit history, queue, a credit builder loan. What Is A Credit Builder Loan. How Credit Builder Loans Work. Credit builder accounts work like this: It’s a small loan that as you pay to yourself.
A judgment is an order issued by a judge or jury to settle a lawsuit. In this case, the judge may order you to pay the other party as part of the court’s final judgment. The order can be issued in one of two forms: A monetary judgment: A judgment that orders one party to pay the other party a specific amount of money.
You’ve probably driven past storefronts with bright lights offering quick cash through payday loans. The companies that offer these short-term loans tout them as a surefire way to get out of a financial bind. Payday loans are incredibly risky. Read on about what payday loans are and why you should think twice before getting one.
One of those methods is through a loan modification. In this blog, we’ll share details about loan modification, who is eligible, how to obtain one to stop foreclosure, and how a lawyer for foreclosure can help. Foreclosure is when a lender exercises its right to seize your mortgaged property if you fail to repay your loan.
Are you considering bankruptcy? Bankruptcy is a challenging, life-altering experience. . If you are considering consulting with an attorney about your debt-relief options, it is essential to remember that each type of bankruptcy comes with its advantages and disadvantages. . Advantages of Chapter 7 Bankruptcy.
Payday loan [p?-?d? A payday loan is short-term credit based on a borrower’s income and credit profile. Payday loans also go by other names, like a cash advance loan or check advance loan – and have even adopted such monikers as deferred deposit or deferred presentment. Why Should You Avoid Payday Loans?
In my recent experience, it’s not hard to remove judgments from your credit report as long as you follow the proper steps. Many readers assume it’s impossible to have the credit bureaus remove civil judgments because they involve the court system. It’s still possible you could see a judgment pulling down your credit score.
What is Bankruptcy? Bankruptcy is an opportunity for someone to forge their way through what seems like an impossible debt-ridden situation and come out the other side. Although businesses can also declare bankruptcy, we will focus on personal bankruptcy in this article. Which Debts Cannot be Discharged in Bankruptcy?
Failing to respond can result in default judgment, allowing the creditor to take action by seizing your assets or withholding your wages. Filing for Bankruptcy One option is filing for bankruptcy, which can help to immediately stop collection actions, including the lawsuit itself, through an automatic stay.
Federal Student Loan Debt: No. Your stimulus payment won’t be used to offset student loan debt if it’s a federal loan. This is not necessarily true for private student loans, though. Bankruptcy: Probably Not. Delinquent Loan Debt: Yes. Child Support: No. Debt Collections: Yes.
A judgment lien against you can have a variety of distressing and negative consequences. Read on to learn everything you need to know about judgment liens in Indiana, including how they work and how to avoid them. What Is a Judgment Lien? Judgment Liens in the Hoosier State In Indiana, judgment liens last for 10 years.
In sophisticated real estate financing transactions, most prudent lenders attempt to deter borrowers from filing for bankruptcy before loans are paid in full by providing in loan documents that such a filing constitutes an event of default. Bankruptcy Code to delay the foreclosure.
Negotiating discounts, consolidating loans, crowdfunding, and arranging payment plans are possibilities. We also strongly urge clients to make sure they get all of the money they are owed before taking out additional loans. Declare Bankruptcy. Before declaring bankruptcy, talk to a professional to understand the likely outcome.
Declaring bankruptcy can be incredibly daunting, but sometimes it’s the best option for moving forward to financial freedom. If you’re at risk of losing your home, Chapter 13 bankruptcy could be your best option. Even with the helpful resources on our site and other sites, filing for bankruptcy can be incredibly confusing.
Even if the lender does forgive the amount of the loan not paid upon closing, you may be taxed on this money by the IRS. If you are struggling to pay other debts, a bankruptcy will make more sense for you. What if you file for Chapter 7 bankruptcy? Is it better than bankruptcy? In a word (okay, two words), probably not.
Find Out the 10 Common Questions About Bankruptcy with Colorado Bankruptcy Lawyers. The decision to file for bankruptcy is a significant one, and we are here to assist you in determining whether bankruptcy is the best course of action for your circumstances. Do bankruptcies come in different types?
If these options are not possible, you may consider filing for bankruptcy. No matter how you handle it, bankruptcy can have a lasting impact on your life. If you handle it right, bankruptcy can give you the relief you need to get back on your feet financially. And if you mismanage it, bankruptcy can compound your financial woes.
If you’re struggling with overwhelming debt, you may be wondering if bankruptcy is the right solution for your financial situation. One of the most common questions people have is “How Much Debt is Needed to File for Bankruptcy?” However, that doesn’t mean bankruptcy is the best option for everyone with debt.
It’s normal to have a lot of questions about the process and impact of bankruptcy. Even though there are hundreds of thousands of Americans who file for bankruptcy every year, it is still a pretty mystifying experience for most people. Bankruptcy Means Addressing Debt, Not Monitoring Your Spending. How Far Back Can They Look?
Second, the court rejected the consumers’ shape-shifting positions from the bankruptcy court to the district court, correctly holding they were precluded from taking positions contrary to those from which they previously benefitted. Read on to hear what the experts have to say this week.
Filing for bankruptcy can provide you with a much-needed second chance when it comes to your finances. However, the process of going through Chapter 7 can be complicated and stressful to ensure you can keep what you need to continue living your life even after bankruptcy. What is Chapter 7 Bankruptcy?
Unauthorized credit card charges, bogus loan applications, missing money, and other financial violations make fraud a major nightmare. Sometimes, fraudsters make a lot of credit card and personal loan applications in a short period of time, so if you see a recent list of unknown inquiries, someone might be trying to steal your identity.
The stress leading up to a declaration of bankruptcy can be intense. You may also worry that your bankruptcy will become public knowledge and affect other aspects of your life. Let’s begin by discussing the ramifications of bankruptcy on your current employment. Bankruptcy Code. Will your boss and co-workers find out?
In reviewing a loan file after a default by a borrower, lenders should evaluate whether the loan includes an acceleration clause and whether the loan is secured by any personal guaranties. The loan documents also typically include one or more personal guaranties. Acceleration of the Loan. & Loan Ass’n, 538 So.
It’s normal to have a lot of questions about the process and impact of bankruptcy. Even though there are hundreds of thousands of Americans who file for bankruptcy every year, it is still a pretty mystifying experience for most people. Bankruptcy Means Addressing Debt, Not Monitoring Your Spending. How Far Back Can They Look?
Bankruptcy may appear to be a scary process, but it does not have to be. You may be able to apply for one of many different types of bankruptcy, each of which accomplishes various aims, depending on your specific situation. Consumer debts include credit card debts, vehicle loans, medical costs, and school loans.
So far the offers have been vague, the most likely concessions will be for your lenders on your home and cars to allow you to move a monthly payment to the end of the loan and for credit cards to temporarily reduce your interest rate. There are more tools for dealing with your mortgage than any other type of loan. Student Loans.
When a company files for bankruptcy and it owes you money, it means you have a “claim” in the debtor’s bankruptcy proceedings. The bankruptcy court will establish a deadline, or “bar date,” by which claims must be filed. A claim, in short, is a right to payment. By When Must You File a Claim?
American Bankruptcy Institute Law Review Staff. . . Generally, student loan debt will not be discharged in a case under title 11 of the United States Code (the “Bankruptcy Code”) unless there is a showing of “undue hardship on the debtor and debtor’s dependents.” Julia Merani. John’s University School of Law.
It’s smart to know how to remove negative items from your credit report, especially if you are soon to be applying for a mortgage or car loan. This would be money well spent if it restored your good standing with lenders in time to secure a loan with low-interest rates. Bankruptcy. You may spend $400 to $500. Ads by Money.
It can determine whether you can buy a home, get an auto loan, secure an apartment, and, in some cases, land a job. But if you keep working at it, you can repair your credit score and improve your financial options (like applying for a new apartment, car loan, credit card) and probably save yourself on interest in the long-term.
Noting a rise in credit card delinquencies, the Consumer Financial Protection Bureau (CFPB or Bureau) released a new blog post analyzing civil judgments, the final recourse for creditors to collect on unsecured debt. According to the CFPB, civil judgments are “”both common and unevenly distributed.””
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