Chapter 13 bankruptcyCompanies that claim they can restore your credit and quickly erase debt are a dime a dozen. But beware! Many of these services will do little or nothing to improve your credit.
If you need to repair your credit or consolidate debt, you can arrange payment plans and improve your credit score yourself for little or no cost. Make sure you don’t get duped.
If you can’t pay your bills:
Contact a nonprofit credit counseling service in your area.
Contact your creditors immediately to arrange a payment plan.
Questions to ask credit repair companies:
How much do your services cost?
What do you offer that I can’t do myself?
What proof will you provide that you are negotiating with my creditors?
What are your cancellation and refund policies?
Are you in compliance with the Ohio Debt Adjusters Act?
Tips to improve your credit score:
Always pay on time.
Don’t take on new debt to pay old debt.
Keep balances at 30 percent or less of available credit.
Get your free credit report at www.annualcreditreport.com.
Correct mistakes on your credit report by notifying the appropriate credit reporting company in writing.
Don’t close old accounts; a longer credit history improves your score.
Demonstrate your ability to handle various terms and conditions of credit by having a good mix, including revolving loans (such as credit cards), installment loans (such as auto loans), and mortgage loans (such as home loans).
Apply for and open new lines of credit only when you need them.
Can credit repair help you in South Dakota to achieve financial stability? 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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