Credit Repair in Irvine

Chapter 7 vs. Chapter 11 vs. Chapter 13

Before you decide on credit repair in Irvine you may first need to decide if you should file for bankruptcy in CR  or not ?  Chapter 7 is the fastest. In many cases, this type of bankruptcy case can be completed in a few months. Chapter 13 cases, on the other hand, cannot exceed five years but usually last about that long. There is no time limit on Chapter 11 plans.  It is an essential strategy to repair credit.

Both Chapter 13 and Chapter 11 may allow you to keep certain assets you may lose under Chapter 7. For example, if you own a recreational boat without debt, you may have to surrender that in a straight bankruptcy, but you may be able to keep it if you pay the trustee the value of the boat in your Chapter 13 plan.

Both Chapter 11 and Chapter 13 may offer more help with Irvine and mortgages. In Chapter 7, if you are behind on these payments and can’t catch up, you may wind up losing that property. Under Chapter 13, you may be able to catch up on those past due amounts over time. In some situations, homeowners can wipe out a second mortgage on an underwater home or negotiate a modification of their primary mortgage by filing for this type of bankruptcy. Chapter 11 may be especially helpful to small business owners or real estate investors with multiple properties by allowing them to restructure their debts or catch up on payments that are behind.  Credit counseling can help with this.

Chapter 7 is generally cheaper than Chapters 13 or 11. With the former, you must pay your attorney upfront. With the latter, you may be able to pay part of your fee over time as part of your plan. Chapter 11 is generally the most expensive due to the higher filing fees and cost of the legal work involved.

removal of bankruptcy restriction

In Irvine use a trusted credit repair company

chapter 7 bankruptcy judgments removal Can a bankruptcy be removed from your credit report?


The credit bureaus have active campaigns online to make you think that it’s not possible. They pretend to be helpful, but they have ulterior motives. They don’t say it outright, but the way they word their interpretation of the FCRA makes people think that it can’t be done. The worst thing about that is that a lot of the top credit sites parrot the information which makes for a lot of misinformation online. However, as you will see below, bankruptcies absolutely can be removed from your credit report.


Removing a bankruptcy requires filing separate disputes with all three credit bureaus. Because of the way the credit bureaus work, you have to word your disputes carefully to avoid having your dispute deemed “frivolous”. While the FCRA offers protections for consumers, credit bureaus have the right to ignore anyone that they feel is abusing the law. Credit repair companies are experts at disputing negative items on your credit reports. They specialize in getting bankruptcies deleted from your credit report. They can also removed the accounts “included in bankruptcy” like charge offs and collections. Read my story below to see how I got my bankruptcy deleted.

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Irvine

Three steps to good credit: Credit repair

early bankruptcy removal When do secured creditors try to remove the stay in order to foreclose on your house?


Secured creditors are likely to ask the court to remove the stay if you are not making payments or the collateral is not adequately protected. (To learn more about secured debts, see What Is a Secured Debt?)


Not making payments on a secured debt. Secured creditors often file motions to lift the stay when the debtor is not making payments. Since property used as collateral must be paid for or returned during bankruptcy, the court will normally lift the stay unless the debtor can bring the payments current or show another good reason to deny the motion (for example, the debtor will use one of the available methods for dealing with secured debts in Chapter 7 bankruptcy, or the debtor has provided for payment of the debt in a Chapter 13 repayment plan). For example, if you are behind on your mortgage when you file for Chapter 7 bankruptcy, your mortgage lender is likely to ask the court to lift the stay so it can continue with foreclosure.


(To learn more about secured debts in Chapter 7, see Secured Debt & Property in Chapter 7 Bankruptcy. For more on the repayment plan, see The Chapter 13 Repayment Plan.)


Lack of adequate protection. A secured creditor may also complain that it is not adequately protected. Lack of adequate protection usually means that there is no insurance on the collateral, or it is likely that the debtor will not make future payments.


A creditor must also prove to the court that it has standing. In these cases standing usually boils down to showing that the debtor is actually indebted to the creditor seeking the relief. During the recent mortgage crisis, standing has been a sore subject for the banking industry. Some banks have been unable to prove standing as a subsequent creditor on mortgages that were transferred several times and the original notes are now lost.


Motions by Unsecured Creditors


Sometimes unsecured creditors and other parties seek to lift the automatic stay. The court will often grant the request if the unsecured debt will be excluded from the bankruptcy discharge, like child support obligations, spousal support, or criminal restitution. This is especially true when the debtor has filed a Chapter 7 bankruptcy case. Chapter 13 debtors are often able to repay these non-dischargeable debts over three to five years and remain under the protection of the bankruptcy court.


A landlord may seek relief in order to evict for non-payment of rent. A bankruptcy debtor’s rent obligation is divided on the bankruptcy filing date into pre-bankruptcy and post-bankruptcy debts. Pre-bankruptcy rents are dischargeable, and post-bankruptcy rents are not dischargeable and not subject to the automatic stay. This means that while the automatic stay would prohibit the landlord from collecting on unpaid pre-bankruptcy rent, the landlord may evict if post-bankruptcy rents are not paid.

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