New Bankruptcy Law – Where’s the Consumer Protection?

06/16/2010

On April 20, 2005, President Bush signed into law the Bankruptcy Abuse and Consumer Protection Act, a piece of sweeping legislation that brought about the most sweeping changes in personal bankruptcy law in the last quarter century. This bill, which takes effect in October 2005, passed with the overwhelming support of both parties of congress, claims, through its very name, to offer “consumer protection.” Does it? How are consumers “protected” by this bill?

The purpose of the new legislation, is to eliminate “bankruptcy of convenience”. Sponsors of the bill allege that most consumer bankruptcy cases involve irresponsible spenders who have shopped or gambled their money away and now do not wish to pay their creditors. They rightly point out that bankruptcy costs the credit card companies billions of dollars each year and that those costs are passed on to consumers in the form of higher interest rates. By making it harder for those with problem debt to file for bankruptcy, legislators say that more people will pay their bills, the credit card companies will save billions of dollars, and the resulting savings will be passed on to consumers in the form of lower interest rates.

The bill is lengthy, but key points are as follows:

  • Those considering bankruptcy will have to pass a “means test.” If their income is above a certain threshold, they will not be able to file under Chapter 7 of the Federal bankruptcy code, which wipes out debt and gives the debtor a fresh start. Instead, they will have to file under Chapter 13, which establishes a five year repayment plan.
  • There are no provisions in the law for debt problems caused by job loss, illness or other traumatic events, despite studies that show that these are the cause of most bankruptcy cases.
  • Attorneys will now be responsible for the accuracy of paperwork filed by their clients. This will probably result in fewer bankruptcy attorneys, with those that continue to practice raising their fees substantially in order to offset their additional liability.
  • In short, most consumers are no longer protected from job loss or illness by being able to file under Chapter 7 and they will have less help from competent attorneys due to the new liability provision of the bill. There is little to “protect” consumers in the Bankruptcy Abuse and Consumer Protection Act. The sole benefit for consumers resulting from this bill will be lower interest rates and fees from the credit card companies, who will save billions of dollars as a result of this legislation. Of course, should the credit card companies choose to keep the savings, rather than pass them on to their customers, then consumers will be left with no benefit or “protection” at all.

    Charles Essmeier - EzineArticles Expert Author

    ©Copyright 2005 by Retro Marketing.

    Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including End-Your-Debt.com, a site devoted to debt consolidation and credit counseling, and HomeEquityHelp.com, a site devoted to information regarding home equity loans.

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    Prioritize your Personal Debts

    01/21/2010

    When you have multiple debt accounts that harm your peace of mind, you must plan a debt repayment program. In general, one of the possibilities that can help you in your program is called the debt snowball approach. In this approach, you must be paying the minimum amount on all the low interest debts and the maximum possible amount to the high interest debts. You should pay like this till the high interest debt is completely paid off. The next in line in the high interest debt is taken up after this. This approach makes the whole exercise of debt repayments program highly cost-effective because it saves you from a lot of interest charges.
    But there may be circumstances when paying off your high interest debts take a back seat. Such occasions may arise when you borrow money from your close friend or a relative and on such occasions, you must rethink about your repayment priorities.
    In most of the families where the relationships among the members are very good, no repayment schedule will be there. A personal debt comes with zero interest or a very low rate of interest and hence it usually occupies the bottom position of your debt repayment program. Further, even if there is a delay or default on your part, your friend or relative is not going to report about it to a credit agency.
    A relative like your father or mother or a close friend extends financial help to you not with any intention to earn interest out of it. Their aim is to help you sincerely. Hence at the time of planning your repayments, more than the financial aspect, their regard and sincerity count because there’s an emotional aspect to it.
    The loan from such a relative or a friend must therefore be liquidated first because delaying the repayment may strain your relationship with them. But without a minimum amount payable to guide you, you will be wondering how to determine the monthly payment of this loan. But you can have a fair idea of this from the monthly dues for external debts.
    When you do not have a date or a priority for your repayment, you should make efforts to know when the relative or friend who has lent money may expect your money back. You can explore with that friend or relative so you can make arrangements to repay it when it’s expected. If you don’t bestow such an attention to this aspect, it may end up in a strained relationship with that relative or friend.
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    Seven Tips to Keeping Your Home Insurance Expense Low

    01/09/2010

    Gallantry comes not with dispensing with protective armors. The same yardstick can be applied to home insurance. Almost all home loan lenders have made home insurance a condition before granting you a mortgage. Insurance safeguards your home even if it is free of a mortgage. But you should remember that home insurance is an expensive affair and varies from company to company. There are a few tips that may help you in having a good and affordable home insurance.

    1. You should not sign up with any company without researching the details of the policies offered by these companies. You can do the search online or by visiting the companies in person. Getting the lowest price is not the only aim but you should have the best insurance cover that serves your purpose even if the cost is slightly high.
    2. If you have no time to do such research but if you need a home insurance policy immediately, you can choose the option of raising your deductible. Every home insurance company has such deductibles. By raising your deductible to a higher level, you can save quite a good amount. If you save an amount equivalent to that deductible, this will help you when you need it.
    3. Another vital point most overlooked is that it’s not necessary to insure your land and hence you need not take the land value into consideration when assessing the value of your house for insurance coverage. No natural disaster can damage the land.
    4. It is wise to consolidate all your policies in the same company. For example, if you have an auto policy with a company, you can expect a better deal from them when you approach them for a home insurance policy.
    5. Your insurance agent is the best person to give good tips on negotiating the best deal from the home insurance company. One of the tips may be that insurance companies offer better rates if your home is made disaster-resistant; if your old home is retrofitted and strengthened for storms; or if you have an excellent home security system.
    6. Insurance companies also look at your credit score before deciding on the rates that will be extended to you. If your credit scores are good, you can expect good rates.
    7. One of the points that home insurance companies look at is the loyalty you show to their company. If you continuously and consistently approach them for all your insurance needs, you can expect a good discount from them.

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    UK no Credit Check Bank Accounts

    12/05/2009

    Presently hundreds of thousands of individuals in Britain have found themselves in a mess financially. And the truth is, with today’s financial ruckus even a minor error may leave you with bad credit. If you get a poor credit score it can be tough to be accepted for a loan or a credit card. Numerous people may be discriminated against for this situation for 5 years – sometimes even more. For a poor credit score no longer means you cannot get an account – i.e. there are some feasible alternatives. Do read on to find out what you need to know with regard to bank accounts for consumers with bad credit.

    A bad credit bank account is as easy to get as any basic account, with one significant difference: your credit score won’t be looked at. When you are over sixteen you just need to show proof of I.D. Even with an Individual Voluntary Arrangement or if you have been declared bankrupt, you will still be eligible for a bad credit bank account merely by filling out the application and bringing the customary documentation. High bank charges are often linked with bad credit bank accounts in Britain. Of course this just is not true. A no credit check bank account from a reputable bank should not feature any additional charges and probably won’t charge you anything if you operate inside your arranged overdraft. bank accounts for bad credit are equally as easy to manage as any other. You don’t even have to visit a bank any longer, as internet banking allows you to manage your money 24 hours a day. When you do not have PC you can even find out how much money you have or make payments merely by using a mobile telephone.

    Bad credit checking accounts will actually come with several features that regular accounts plainly do not offer. One single application will typically get you a pre-paid credit card and a much coveted current account. Choosing a second chance bank account is a great act for anyone who has damaged their credit. You can avoid any embarrassment by filling in your application online and get a confirmation in a fraction of the time it would take by post. To sum up, checking accounts for individuals with a bad credit are crucial for those who need help the most.

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    Is Bankruptcy Stabler than Foreclosure

    09/11/2009

    Often times, people might have to select between filing bankruptcy or permitting their mortgage lender to foreclose on their property. If monthly home loan payments are not received on schedule, the bank can file for a foreclosure on the property. The only guaranteed way to block foreclosure proceedings from taking place is to pay the lender as agreed. It is exactly the same for anybody who has not been able to pay their home loan, the mortgage lender will kick the occupants out of the house and sell it to recoup their loses. House loans are much like auto loans; if you can not make your payments you might lose it.

    Insolvency proceedings are a legal act that is registered by a person who is not able to pay their debts. Once bankruptcy is filed, all the civil proceedings related to the mortgage are halted. Therefore, a home loan lender has to terminate every collection action. But, a home loan lender might be given a pass from the obligatory stay, and once it is granted, can go on with the previously mentioned process. Declaring Bankruptcy will not halt foreclosure and you must still repay your home loan. Bankruptcy just makes the process continue slowly, it can not resolve the issues.

    Although bankruptcy can not permanently end foreclosure, it gives an individual time to repay the overdue portion or at a minimum it does make it little bit easier to pay back a home loan. Since bankruptcy necessitates a mortgage lender to freeze foreclosure actions, a debtor will have a bit of time to produce the cash to pay the lender. The final option for any debtor to declare bankruptcy when the consumer is completely unable to satisfy their creditors’ commitments. Under bankruptcy, some non-secured debts will likely be dismissed but the home loan will not be cleared. The borrower has to be willing to pay back the home loan within the given time frame as the debt is guaranteed by assets. Additionally, Chapter 13 bankruptcy has a fee schedule that will be ordered by the bankruptcy court, that allows the borrower make payments on their mortgage to get up to date on their mortgage payments.

    Before the borrower can file for bankruptcy, they must meet the standards. If they do qualify, there will be legal fees to pay. It may cost the home owner more in legal fees than if they were to simply knuckle down and clear up the late real estate loan payments. If you are thinking that declaring bankruptcy will be a solution to the situation, a good lawyer will likely be capable of answering whatever questions you have. Simply put, bankruptcy is really complicated, the home owner should not try to do it on their own.

    This article is just standard information. This is not legal advice. You may be required to meet with an attorney in your state with any questions.

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    Secret Tips for Negotiating Your Credit Card Debt

    02/24/2009

    Secret Tips For Negotiating Your Credit Card Debt

    A lot of people think that it is hard to lower their credit card debt because they are worried that the credit card company doesn’t care about them. In actuality the credit card companies would like to aid you and work out some kind of debt management plan that works for you. They would rather have you pay a small amount of money instead of none at all. While negotiating your credit card debt there are a lot of strategies that you need to remember. These tips and strategies could benefit you greatly in the process.

    The first thing that you need to keep in mind when trying to negotiate your credit card debt is to be genuine about your circumstance when you are talking to the representative of the company you desire to negotiate with. You would be amazed at how lenient some companies can be when a person has a legitimate hardship, such as the loss of a job, the loss of a spouse, or are medically unable to work for a period of time. Several credit card companies are now offering a type of credit card insurance to be able to freeze your payments for a period of time if any of these circumstances happen and interrupt your ability to make your payments because they have noticed that many of their customers go through these situations once in a while.

    The next matter that you need to think of when trying to negotiate your credit card debt is to make certain that you are speaking with a person that will really be able to aid you. Many of the low level employees at the credit card company may be instructed that they are not allowed to make those kinds of decisions for the customer and may attempt to deter you from pursuing the subject further by saying that there is nothing that they can do for you. Be persistent until you do find someone in the company that may be able to assist you and travel to the local branch of the company, if you are able, to speak to someone about your circumstance face to face.

    Always remember to be polite and respectful when speaking to your credit card company about negotiating credit card debt. It may be hard at times, but getting angry at them will only make matters worse. Being respectful to those trying to assist you is very critical for seeing any results. Remember, you want these people to help lower your debt, not make things harder for you.

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    Do you desire to purchase a new kitchen and call for a quick loan

    01/15/2009

    Translated in Dutch: Woon je in Terneuzen of Anna Paulowna en heb je BKR verleden. Lenen met een BKR registratie is nog nooit zo eenvoudig geweest. Haal snel een nieuwe caravan met snel oplossen geldproblemen, 221012 euro is gewoon mogelijk om te lenen. Van Wymbritseradiel tot Staphorst, geld lenen met BKR kan hier altijd.

    You should be impudent today to investigate if you have a great offer or if you don’t with the merchant bank that offers you a money loan. Inspect to see if the bank who wants to give you a loan is solid. At this present you can check over rates of interest quickly online and visualize if there are possible traps you should know about. Lots of of the moneylenders wil show you a loan rate that is looking bonny but doesn’t feel good or so after a period of time. That’s why now you need to inquire and realize if you can have a bank loan at a just percent rate of interest. A moneylender in Overland Park Kansas or so can have a total different actual rate for a 32500 dollar bank loan then a bank in Blaine Minnesota and that makes a large clear difference in your yearly pay offs. It doesn’t matter if you live in Livermore California or in Eau Claire Wisconsin a dependable online examination will economize you often lots of inconvenience. 11.2 percent interest rate may come out so reasonable but will that be changeless after you’re going to requite your deferred payment.

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    Super deal 27500 dollar at a honest interest rate of 6.7 percent

    10/18/2008

    Lots of of the banks wil show you a rate that looks honest but feels disadvantageously or so after some time. It makes no difference if you live in Green Bay Wisconsin or in Logan Utah a dependable online analysis will allay you often lots of anguish. That’s the reason why now you really need to check over and calculate if you can have a credit loan at a fine percent interest rate. Be vivid today to investigate if you have a nice bargain or if you don’t with the merchant bank that offers you a loan.

    Translated in Dutch: Woon je in Eemnes of Almere en heb je BKR verleden. Lenen met en BKR codering is nog nooit zo gemakkelijk geweest. Verwen jezelf met een nieuwe auto met met geld lenen bkr notering, 191248 euro is geen enkel probleem om te financieren. Van Dirksland tot Hardinxveld-Giessendam, financieren met zonder BKR registratie is altijd mogelijk.

    14.6 percent rate of interest may come along so mediocre but will it stay the same after you’re going to requite your bank loan. Analyze to see if the bank who is tending to give you a money loan is proficient. At this present you can check over interest rates quickly on the internet and experience if there are possible traps you should know about. A moneylender in Coral Springs Florida or so may have a total totally different actual loan rate for a 15000 dollar credit loan then a bank in Bellevue Washington and that makes a large clear difference in your weekly pay backs.

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