Credit counseling: How to avoid future problemsWhen 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.
Can credit repair help you in So. California to achieve financial stability? How long does it take them to repair my credit?
Every client’s situation is different. How long it takes depends on how many negative items are on your credit report and the responsiveness and cooperation of the credit bureaus and your creditors. Once you get signed up and they’ve reviewed your credit history, it will be easier for them to give you an estimation of how long it will take based on past clients’ results.
Do they offer a guarantee?
Yes, they stand behind their work 100%. They completely guarantee your satisfaction and have made their credit repair service risk-free. If you choose the month by month program, you can cancel at any time and you will not be charged for that month of service. That assures you that you will never have to pay for anything that you’re not happy with. If you decide to go with their flat-fee pricing, you will have a full 6-month satisfaction guarantee.
What items can be removed from my credit report?
It is possible to remove a bankruptcy, student loans, late payments, repossessions, hard inquiries, paid collections, judgments, charge offs, etc.? The answer is “yes” to all of those items. While it is not guaranteed that anything will be removed, it is possible to have any of those items removed.
Once items are deleted, can they reappear on my credit report?
It doesn’t happen very often; however, it is possible that a negative item that was recently deleted can show back up on your credit report. The FCRA requires that the credit bureau informs you before they re-report a previously deleted listing. They also have a limited time of 5 days to re-report the item once it’s been removed. Re-reporting the item after that is a violation of the FCRA which is why they rarely re-report items.
How much does it cost?
They have 2 payment plans. The first is a pay as you go, cancel anytime. You can try out the service for 7 days for just $19 and if you like the service, continue for just $59 a month. Or you can sign up for a complete 6-month program for just $299. Your satisfaction is completely guaranteed.
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