BANKRUPTCY: CREDIT COUNSELING AND DEBTOR EDUCATION

The Bankruptcy Code requires that all individuals filing bankruptcy receive credit counseling before their case is filed.  Credit counseling must be provided by an agency approved by the Department of Justice’s U.S. Trustee Program.  These agencies will charge a fee of around $50.  Upon completion of the course, debtors receive a certificate of completion.  This certificate has to be filed with the bankruptcy documents and must have been issued within 180 days before the bankruptcy filing.  If the certificate is dated after the date the case is filed or more than 180 days before the filing date, the court will dismiss your bankruptcy case.

 

The Bankruptcy Code also requires that debtors take a debtor education course.  This course is completed after the bankruptcy case is filed and upon completion of the course debtors will receive a certificate of completion.  In chapter 7 cases, debtors must file the certificate within 45 days following their 341 meeting of creditors.  In chapter 13 cases the certificate must be filed before the debtors complete their chapter 13 plan and receive a discharge.  In both chapters, failure to file the debtor education certificate will prevent debtors from receiving a discharge of their debts.

A funny story from the world of credit…

Okay, since here at DFW/Denton/Lewisville Bankruptcy we’re always addressing serious topics, I decided to keep it light today.

There’s a story buzzing around the internet that a 3 year-old recently got an American Express Gold Card application in the mail. Also, there are many report of dogs and cats getting credit card offers. If that’s the case, why is it so hard for qualified folks to get the applications??

Cities Filing Bankruptcy

The CEO of JP Morgan has recently stated that municipality bankruptcies (cities filing bankrutpcy) are on a rise. This is yet another effect of the recession – with income on the decline and foreclosures on the rise, cities are losing precious tax revenue and having to cut necessary services.

Analysts are looking to these cities as being most likely to file bankruptcy next…Detroit, and Harrisburg, PA.

Contact us at the Wright Firm for any questions  you may have about the recession and its impact on your personal finances….972-353-4600.

Credit Repair Companies – Are They A Scam??

Every time the economy cycles down, businesses taking advantage of the downturn arise. The recent recession (or what some economists have actually labeled, “Depression”) and resulting credit crunch have resulted in credit issues for many consumers, and a related dip in their credit scores. Here come Credit Repair companies to the rescue, right? They can raise credit scores by deleting negative information like it never happened? Late payments? Settlements? Bankruptcies? No problem, right? WRONG.

Federal law, specifically the Fair Credit Reporting Act (FCRA), is very specific as to what can go on a credit report and what can come off the credit report, and when. Most credit repair companies sell a misconception that they can delete negative information off a credit report. Not necessarily true. The FCRA expressly prohibits the removal of a negative item if the other requirements as to the reporting of that item are met (i.e. the reporting is accurate (the late payment really happened), complete and verifiable). If the negative item honestly occurred and is reported correctly, Federal law prohibits its removal. I’m sure I’ll get comments from credit repair folks saying that’s not true, but it is. Read the law.

The lesson here is that consumers shouldn’t pay a company to do something that’s against Federal law. Honest credit repair takes time. Some helpful things to do to repair your credit:

1) Pay bills on time.

2) Don’t max out your accounts.

3) Don’t continue to default.

There is much more detailed info out there on this, but for the most helpful advice on credit repair, visit www.ftc.gov.

Now, all that being said, I am aware of some very good, honest, credit repair companies.  You can do credit repair yourself -  all three credit bureaus have a very easy online dispute process where you can dispute inaccurate items on your credit report. However, credit repair is like anything else you can do yourself – you may want to pay someone with more expertise. Just do your due diligence and don’t get scammed by a company that makes promises they can’t deliver on.

What’s In a Credit Score?

Credit scores – a necessary evil.  Credit scores are used for everything from approving someone for a loan, to making someone a job offer. People with higher credit scores get lower interest rates, lower insurance rates, and more job offers.

The question I hear most often from people is, “How do credit scores work?”. Well, good question. Some of what you believe may be good for your credit may actually hurt your credit score. So, here’s my attempt to “demystify” credit scores.

The first step in understanding credit scores is to understand how a credit score is calculated. A credit score is made up of the following:

1. Payment history – 35% – Paying bills on time is the largest factor in a credit score.

2. Amount of debt – 30%  – The amount of an individual’s credit limit they’ve used, also known as credit utilization, accounts for the second highest part of a credit score. If an individual’s cards are maxed out, his/her credit score will suffer.

3. Length of an individual’s credit history -15%

4. Inquiries -10% – Applying for new accounts can actually lower a credit score, unless the inquiries are related to shopping for a car loan or mortgage.

5. Mix of credit – 10% – This looks at how many different types of credit an individual has, i.e. mortgage, car loan, credit cards, personal loan, etc. The more different types of credit, the better for a credit score.

As you can see, the biggest factor in a credit score is that individual’s history of paying bills on time.

Now that we’ve seen how a credit score is calculated, let’s look at some myths associated with credit scores, and things you shouldn’t do in an attempt to improve your score.

1. Don’t close old accounts. This may seem counter intuitive, but don’t close old accounts, even if they’re not being used. Closing them can hurt your score, because it negatively impacts length of credit history.

2. You can remove negative information just by disputing it. WRONG! This is one of the biggest scams out there, and responsible for the rise of the “credit repair” industry (to be discussed in a future post). Negative information that is accurate and true, such as late payments, collections, etc.  cannot be removed from your credit report.

3. Credit card solicitations and offers hurt your score. Wrong. If you don’t respond to the offers and use up all the new credit, they don’t hurt your score.

4.  Checking your own credit will hurt your score. Wrong. Applying for new credit can hurt your score due to the inquiry made when you do so (unless you are shopping for a mortgage or car loan), but you checking your own score doesn’t count as a negative inquiry.

5. A bankruptcy will destroy your credit score for 7-10 years. Wrong. A bankruptcy often substantially improves your credit score because it updates the reporting of late payments and eliminates your debt load.

A credit score is an important tool in your financial toolbox. If you understand it and maintain it, it will save you thousands of dollars in interest and fees over your lifetime.

Call The Wright Firm Today at (972) 353 –4600 and Book Your Free Consultation!

Choosing a bankruptcy attorney to guide you through the process is a crucial decision.  At The Wright firm, we will do our best to show you that choosing The Wright Firm as your legal representative is the right choice.  Let us help you begin your journey to a fresh financial future.

Feeling crushed under the weight of:

  • Too much credit card debt?
  • Late home mortgage and car payments?
  • Lawsuits and eviction?
  • Tax debts and liens?
  • Auto repossession?
  • Creditors calling at all hours of the day and night?

Please call us!  Our attorneys will work with you to develop a strategy that is right for you.  We’ll help you evaluate your options using the Federal legal protection of bankruptcy, as well as discuss with you any non-bankruptcy options, such as debt and credit counseling, that may fit your unique circumstances.

Let our firm help you through your bankruptcy.

Our offices are located at:

1660 S Stemmons, Suite 150,
Lewisville, TX 75067
Telephone: (972) 353-4600
Fax: (972) 353-4602

Campbell Centre II,
8150 N. Central Expressway, Ste. 700,
Dallas, Texas 75206
Telephone: (469) 635-6900
Fax: (469) 635-6902

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