Written October 16, 2008 by Jay Fleischman, New York Bankruptcy Lawyer
Bankruptcy is not the end of your world. It is a chance to start anew with a better understanding of how to handle your finances.
You can buy anything you want after bankruptcy - a car, a home, anything at all. Go out and win the lottery, and it’s all yours.
The question isn’t whether you can buy something, it’s whether you will qualify for financing.
Tqo different questions, two very different answers.
You will have to work hard to restore your credit. You can do this in steps. You will need to open a checking account and be very careful not to bounce any checks. Then open a savings account and try to make regular deposits. Having accounts with utility companies will also help, just be sure to make your payments on time. Pay your rent early.
Decide if you want a credit card or not. If you get one, use it carefully and pay the balance each month.
Restoring your credit won’t happen overnight. It will take some time. After all, it took years for you to get to the point where you had to file for bankruptcy. Be patient and meticulous with your payments. Keep a check on your credit report.
If you need a car right away, save enough to buy a beater car and drive it until you have repaired your credit.
Once you have reestablished your credit, it is possible to finance a car after bankruptcy.
You will see many car dealers that advertise bargains for bankruptcies. These dealers can be unscrupulous and charge extremely high interest or have hidden fees. Be aware that they may not have your best interest at heart. Shop around and ask about any fees or interest rates before you commit to buying. You will most likely have to pay a higher interest rate to purchase a car since your bankruptcy will have an impact on your credit report for years, but you don’t have to succumb to shady car dealers out to make a buck at your expense.
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Written September 13, 2008 by Jay Fleischman, New York Bankruptcy Lawyer
You file for Chapter 7 bankruptcy and forget to list one of your debts. Is it still discharged, or do you have to pay it? After all, a discharge in bankruptcy is a powerful remedy.
You are required to list every outstanding debt you have, along with current contact information for every creditor. Finding this information can require some searching and it’s not uncommon to forget some of the ones that haven’t been enthusiastically pursuing you. As trying as the process can be, it is important to get complete and accurate information to the courts.
When you file for bankruptcy, you’re required to list all of your outstanding debts. Some people, for fear of completely ruining their credit, will leave off a few of the smaller debts. However, bankruptcy papers are signed under oath and carry a penalty for perjury. So, intentionally leaving a few items off the list is not only a bad idea, it’s illegal.
However, not all omissions are intentional. As is so often the case, there can be old debt floating around out there that was simply forgotten. If the creditor was not listed on the bankruptcy paperwork, the courts would have no way of notifying them of the proceedings. If this is the case, you must notify the creditor of the bankruptcy and then provide proof to the court that you have taken this step.
In a no-asset Chapter 7 bankruptcy case in New York, an unlisted debt is considered to be discharged so long as the omission was unintentional. If you realize that you left off a debt then you could immediately contact your bankruptcy attorney, who can review your case and take the proper action.
In some situations, it may be wisest to reopen your case to include the forgotten creditor. This could end up costing you more in court costs and attorney’s fees, but it could save you much more in the long run.
Forgetting to add a few debts to the bankruptcy documents can happen from time to time. It is important to add all the ones you know of, regardless of how much you owe. If you remember one after the bankruptcy has been filed, take the necessary steps to alert the creditor to your present situation and then notify your attorney.
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Written September 9, 2008 by Jay Fleischman, New York Bankruptcy Lawyer
Credit after bankruptcy is a hot topic for people who file for bankruptcy. Some people are under the impression that their credit it ruined for 10 years after bankruptcy, and that they will not qualify for any new loans during that time.
They are wrong.
The first step in ensuring that you have good credit after bankruptcy is to open your eyes and take immediate action.
It is very important that you get a copy of your credit report as soon as your bankruptcy is final so that you can ensure the information displayed is accurate.
Any and all debts discharged by the bankruptcy courts should have a balance of $0. If this is not the case, it is important that you contact the credit reporting bureaus, Experian, TransUnion, and Equifax, to correct this. According to the Fair Credit Reporting Act, you have the right to dispute any inaccuracies on your credit report. If the reporting agencies cannot verify the validity of the disputed entry, it must be removed from your credit report.
It’s also possible that a bankruptcy could actually improve your credit report. While this sounds a bit contradictory, the simple fact is that late payments, high credit balances, and collections issues all hurt your credit score. Once these are wiped away by the bankruptcy, it is possible to see an increase in your credit score. Once you have filed bankruptcy, your credit score is calculated based on comparison with others who have filed bankruptcy. This leveling of the playing field can enhance your position to a certain extent.
While no one ever wants to file for bankruptcy, it’s certainly not the end of the world. If you know what to expect, your credit report may not be as bad as you feared in the wake of bankruptcy. It is important to be aware of the possible changes and know what to look for to get back on your feet as quickly as possible.
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Written September 8, 2008 by Jay Fleischman, New York Bankruptcy Lawyer
Getting a car after bankruptcy, and how hard it may to qualify for a new loan, is something many people who file for bankruptcy worry about. A lot of people assume that once they file bankruptcy, there’s no way they’ll ever be able to replace their car. However, this is not necessarily the case.
More and more Americans are filing bankruptcy to relieve the pressure of debt. Yet, if you look around, you’ll still see a lot of new cars on the road. Chances are, a good number of these people have a bankruptcy on their credit credit report. So, how can you get behind the wheel of a new car after you have filed?
The first, and possibly most important, thing to do is to wait until the bankruptcy has been discharged. Before that, it will be difficult, if not impossible to find a lender that will consider you for a loan.
Once the bankruptcy is discharged, you’re starting with a clean slate. So, pay your bills on time and in full. By doing this, you’re proving that you’re worthy of the risk lenders take by providing you with a loan.
Now that you’re ready to start shopping for a car, it’s important to understand what you can afford. A major factor in many people’s debt is their car payment. They simply drive a car they can’t afford. It’s extremely important to avoid falling into this trap. Make a budget and find out what you can spend on a monthly payment. Don’t forget to factor in fuel and insurance.
It’s time to contact a car loan specialist, preferably one that specialized in helping people who have filed bankruptcy. These lenders have the necessary connections to help you in ways that you cannot do yourself.
Once you have your new car, you can expect to pay a bit more in interest than someone with a spotless credit history. But, as long as you make your payments on time, you should be eligible for a lower interest rate within a year or two. At that time, you can always refinance the car and lower your payments even further. However, be wary of salesmen that tell you that you will be able to refinance in a few months. Often when someone buys a new car, that person will initially owe more than the car is worth due to interest or extras. Plan on keeping the original loan for two years and you’ll be fine.
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