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		<title>When you get sued&#8230;Don&#8217;t just sit there&#8230;Call us!</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/when-you-get-sued-dont-just-sit-there-call-us/</link>
		<comments>http://www.virginiabankruptcygroup.com/2011/10/22/when-you-get-sued-dont-just-sit-there-call-us/#comments</comments>
		<pubDate>Sat, 22 Oct 2011 17:15:12 +0000</pubDate>
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		<description><![CDATA[If you get sued, don’t just sit there, CALL US!
When people get sued, they feel helpless, especially when they know they owe the money. When people feel helpless, they tend to just sit back and [...]]]></description>
			<content:encoded><![CDATA[<p><strong>If you get sued, don’t just sit there, CALL US!</strong></p>
<p>When people get sued, they feel helpless, especially when they know they owe the money. When people feel helpless, they tend to just sit back and do nothing. Why? They think there is nothing they can do and to make things worse, they start ignore important documents in the mail.</p>
<p><strong>THIS IS A BIG MISTAKE</strong></p>
<p>Why?</p>
<p>Tragically, they even ignore the paper that gives them the right to protect their property by claiming exemptions available under the law. By not claiming their exemptions, they give the creditor the right to take their car, truck, household goods, and possibly even their home.</p>
<p>Certain judgments can end up as a lien against their home, like another mortgage.</p>
<p>They may overlook an obvious solution to the whole problem, bankruptcy.</p>
<p>Bankruptcy can stop judgments. Bankruptcy can protect property. Bankruptcy can get rid of debt. Bankruptcy can take off the pressure.</p>
<p>If you have too many bills to pay and you get sued,</p>
<p>do this:</p>
<p>(1) Keep in mind that there may be something you can do. (2) Don&#8217;t ignore the letters and court papers served on you. (3) Immediately call and make an appointment for a FREE initial debt consultation.</p>
<p>You can find out all your options for free, and not just bankruptcy. You can find out  for no charge exactly how the law works and might find out that things aren’t as bad as you think. You can find out your rights for free and might realize that you have valuable rights you don&#8217;t know about. You can find out answers free and there is always comfort in knowing all the answers.</p>
<p>So, if you get sued, don’t wait, sit, or worry.</p>
<p><strong>Call today for a FREE debt consultation. Call toll free 540-341-1481.</strong></p>
<p>The Virginia Bankruptcy Group &#8230;Because if you get sued,  you need answers.</p>
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		<title>What Can Filing Bankruptcy Do For Me?</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/what-can-filing-bankruptcy-do-for-me/</link>
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		<pubDate>Sat, 22 Oct 2011 17:14:01 +0000</pubDate>
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		<description><![CDATA[Are you a good, honest, hardworking American?
Good, then don’t beat yourself up.
Get the help you need and get it fast!
    Get released from debt you can&#8217;t pay.
    Break out [...]]]></description>
			<content:encoded><![CDATA[<p>Are you a good, honest, hardworking American?</p>
<p>Good, then don’t beat yourself up.</p>
<p><strong>Get the help you need and get it fast!</strong></p>
<p>    Get released from debt you can&#8217;t pay.<br />
    Break out of the minimum payment trap.<br />
    Lower your total monthly payments by hundreds of dollars.<br />
    Stretch out the payment of overdue mortgage and vehicle payments.<br />
    Get released from certain old marital debts.<br />
    Get rid of certain older income taxes.<br />
    Get rid of mortgage foreclosure deficiencies.<br />
    Get rid of repossession deficiencies.<br />
    Keep and protect property.<br />
    Stop nasty creditor calls.<br />
    Stop repossessions of vehicles.<br />
    Stop foreclosure on your home or other property.<br />
    Stop legal action.<br />
    Start rebuilding your credit.</p>
<p><strong>On the softer side,</strong></p>
<p>    Start enjoying life again without the worry of bills.<br />
    Reduce your stress level.<br />
    Start putting your family first.<br />
    Start sleeping at night.<br />
    Get your life back.<br />
    Get in a position to quit the second or third job.<br />
    Start your life moving forward again.<br />
    Feel like you stood up and took control.</p>
<p><strong>Call today for a FREE debt consultation. Call toll free 540-341-1481 .</strong></p>
<p>Disclaimer: Results will vary depending on your goals and on the amount of your assets, debts, income and expenses.</p>
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		<title>What About Student Loans?</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/what-about-student-loans/</link>
		<comments>http://www.virginiabankruptcygroup.com/2011/10/22/what-about-student-loans/#comments</comments>
		<pubDate>Sat, 22 Oct 2011 17:13:12 +0000</pubDate>
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		<description><![CDATA[What about student loans?

Can filing bankruptcy get rid of student loans?
The answer is simple: No, with one limited exception. You used to be able to file bankruptcy and eliminate certain student loans, but not any [...]]]></description>
			<content:encoded><![CDATA[<p><strong>What about student loans?</strong><br />
<strong><br />
Can filing bankruptcy get rid of student loans?</strong></p>
<p>The answer is simple: No, with one limited exception. You used to be able to file bankruptcy and eliminate certain student loans, but not any more. Not since 1998 when the law was changed. The idea is this: The government makes it easy to get student loans. Normally when you get a loan or credit from a bank or credit union there are certain hoops you have to jump through to make sure it looks like you can pay back your loans and to protect these lenders in case you don&#8217;t. With student loans it&#8217;s different. The government designed student loan laws to make it easy for almost anyone to get student loans. Why? To encourage people just like you to stay in school and get educated. The price you pay is that getting rid of student loans is tough if not impossible. The government loosened things at one end and correspondingly tightened them at the other.</p>
<p><strong>What Is That Limited Exception?</strong></p>
<p>Section 523(a) (8) of Title 11 of the United States Code provides that student loans are not dischargeable except where the student loans “impose and undue hardship” on you. Sounds good, right? We mean it’s always a hardship to pay back something when you don’t have the money. Don&#8217;t be fooled. That&#8217;s not what “hardship” means, at least not according to the courts. To qualify for a hardship discharge of your student loans, you have to prove that you will never be able to pay back the loans. Most courts have held that this means that you are stuck with your student loans unless you can prove that you are permanently and totally disabled from ever working for the rest of your life. Sounds harsh, doesn’t it? That’s the way it is.</p>
<p><strong>So, Can Bankruptcy Do Anything For Me?</strong></p>
<p>Absolutely. Let&#8217;s face it, the people collecting overdue student loans can be ruthless. You know this if you are behind in paying back student loans. Bill collectors can make life very uncomfortable for you and your loved ones. It’s hard to focus on a new career when the nasty calls and threats keep coming. Many times, they can even garnish your wages in addition to the frustration you feel from fielding all the nasty calls.</p>
<p>Filing bankruptcy can’t get rid of student loans. That’s the bad news. It can’t even stop the interest from accruing, but it can put the student loan people under control for up to 5 years. Five years can give you breathing room and a chance to obtain a better job or better pay so that you are in a better position financially to pay your student loans and a better frame of mind to deal with them. During that time, no one can contact you regarding these past due student loans. That’s a relief!</p>
<p><strong>What about getting new student loans?</strong></p>
<p>If you are in “default” on your student loans, you more than likely will not get another student loan. If you are in default and tried to get additional student loans, you probably already know this. That is the key whether or not you are in default.</p>
<p>If you are not in default and can qualify for more student loans, you can still get more student loans even if you have filed bankruptcy. Section 525(C) of Title 11 of the United States Code makes it illegal for you to be denied a student loan just because you have filed bankruptcy. This is powerful.</p>
<p><strong>So, What Should I Do?</strong></p>
<p>Your first order of priority is to discuss your situation with an experienced professional that deals with this type of situation on a daily basis. You need to talk with a professional that can protect you and has the answers that you need to move on past this negative time in your life.</p>
<p>The Virginia Bankruptcy Group have handled thousands of similar situations for people just like you. We know exactly what to do and how to do it. We can use federal laws to get you fast protection.</p>
<p>There is only one big problem! We can&#8217;t help you if we don&#8217;t know you. You need to call us for a FREE confidential appointment. Things will not get better by themselves. Come in and talk to us.</p>
<p>Call our offices now and get the paperwork started. If you decide to let us help you, it&#8217;s only $200 to open a file and get started.<br />
Call toll free 540-341-1481</p>
<p><strong>Student Loans: A Tough Nut to Crack</strong></p>
<p>Student loans are not dischargeable in bankruptcy. However, there are several options to help borrowers with defaulted student loans. The following is an introduction to this topic, and only meant to point you in the right direction.</p>
<p><strong>I. Loan Cancellation:</strong></p>
<p>These types of federal remedies are available to you even if your student loan is not in default. Keep in mind, however, that not all types of loans are eligible for cancellation. To find out what type of loan you have, contact the National Student Loan Data System at 1-800-4-FED-AID, or online at www.nslds.ed.gov.</p>
<p>The following are the main federal programs for student loan cancellation: Forms can be downloaded from http://www.ed.gov/offices/OSFAP/DCS/forms/index.html.</p>
<p><strong>Closed School:</strong> Applies to Direct Loans, Perkins Loans, and FFELs. You must have been enrolled in school at the time of closure. If you withdrew, the withdrawal had to occur within 90 days of the closure. (http://www.ed.gov/offices/OSFAP/Students/closedschool/search.html).</p>
<p>    <strong>False Certification:</strong> Applies to FFELs and Direct Loans, but not Perkins Loans. To qualify, you must show that you were not able to meet eligible state requirements for the job you were training for, or that the school altered or forged loan or check documents. This type of discharge applies only to loans received on or after January 1, 1986.<br />
    <strong>Total and Permanent Disability:</strong> This type of discharge applies to FFELs, Direct Loan, and Perkins Loan. You must be found totally and completely disabled to be eligible for this type of discharge, and must provide documentation from a physician that you are unable to work because of an illness or injury that is expected to continue indefinitely or result in death. This type of discharge is not available to you if the condition existed at the time the loan was made. However, under new rules, pre-existing conditions may qualify if you suffered substantial deterioration after the loan was granted..<br />
    <strong>Unpaid Refund Discharge:</strong> As part of the 1998 Higher Education Act, if you borrowed after January 1, 1986, you can discharge the amount of the loan to the extent of the amount of refund owed to you, which the school failed to reimburse. Included in this discharge are reimbursements of tax refunds seized by the IRS in repayment of the student loan debt to the extent of a refund the school owed you, but never paid.</p>
<p><strong>II. Repayment Options:</strong></p>
<p>Even if you do not qualify for a loan cancellation, there are still some strategies to explore in dealing with defaulted student loans.</p>
<p>Loan Consolidation: This program allows those who do not qualify for a loan cancellation to consolidate their defaulted loans into a Federal Direct Consolidation Loan with an Income Contingent Repayment Plan (</p>
<p>http://www.ed.gov/directloan).</p>
<p>    <strong>Deferments and Forbearances:</strong> You may qualify for either a deferment or forbearance even if the loan is in default. The main types of deferments include student deferments, unemployment deferments, and economic hardship deferments. However, keep in mind that deferments may not exceed a three-year time frame. Forbearances are available even when the loan is in default, but the interest continues to accrue during the forbearance period.</p>
<p><strong>III. Offset of Federal Benefits:</strong></p>
<p>Finally, borrowers whose student loans are in default often inquire as to whether their Social Security benefits can be taken by the government to repay defaulted student loans. Under the 1996 law, the federal government can take benefits from Social Security retirement and disability benefits, certain railroad retirement benefits, and Black Lung Part B benefits. However, keep in mind that there are limits on the funds that the government can take, and that the borrower can fight back. You must receive notice of a hearing before any of your benefits are taken.</p>
<p>If you owe on a defaulted student loan, your hearing will be with the Department of Education. At the hearing, you can either challenge the offset, or set up a repayment plan prior to having your benefits seized. To find out about your rights and options, contact the ombudsman&#8217;s web site online at www.fsahelp.ed.gov.</p>
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		<title>The Downside Of Co-Signing Credit Unions</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/the-downside-of-co-signing-credit-unions/</link>
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		<pubDate>Sat, 22 Oct 2011 17:10:11 +0000</pubDate>
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		<description><![CDATA[Why would a bank or credit union have one customer to pay a bill when they can have two?
With more and more poor credit ratings on the books, creditors are turning towards cosigned debts as [...]]]></description>
			<content:encoded><![CDATA[<p>Why would a bank or credit union have one customer to pay a bill when they can have two?<br />
With more and more poor credit ratings on the books, creditors are turning towards cosigned debts as a method of repayment.</p>
<p>A cosigned loan obligates two people to repay a loan instead of one.<br />
Depending upon your perspective, the loan can be an extraordinary benefit or a major liability.<br />
For a creditor, another signatory creates a safety net when a primary signor has a shaky financial history.</p>
<p>For the extra signor, the loan creates the financial responsibility of paying the entire debt.</p>
<p>Consider this illustration: John Smith wants to purchase a motor scooter from Richard for $2,000. John does not have the up-front cash to pay Richard and asks for a payment plan. Richard runs a credit check on John and discovers John has missed several payments on previous car loans. Nervous about recovering the entire $2,000, Richard tells John he will sell him the scooter only if John&#8217;s father, Bob, signs the contract as well. Trusting his son will pay for the scooter himself, Bob happily signs the contract.</p>
<p>A few months later, John moves to Michigan and takes the scooter with him. He has not made any of the payments on the scooter to Richard. Richard demands John make his payments, but John tells him he cannot. Richard then sues Bob for the entire $2,000. Under the terms of the contract, Bob must pay the entire $2,000 and Bob has no legal defense!</p>
<p>Unfortunately, the above example happens all too often.</p>
<p>Studies have shown that for defaulted cosigned loans, three out of four consigners are asked to repay the loan.</p>
<p>If you are considering cosigning or asking someone to cosign for you, be aware of the risks.</p>
<p>If you must cosign, make sure you can afford to repay the loan on your own.</p>
<p>Be sure that all parties receive a copy of the contract.</p>
<p>And, if you are a consigner, write a letter to the lender asking for a notification of any future default. That way, you can prepare for any default in advance and will not be forced to pay the entire amount right away.</p>
<p>Find out your debt options.<br />
Get your questions answered.</p>
<p><strong>Call today for a FREE consultation.</strong><br />
<strong>Call toll free 540-341-1481.</strong></p>
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		<title>Taxes and Bankruptcy: The Nuts and Bolts</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/taxes-and-bankruptcy-the-nuts-and-bolts/</link>
		<comments>http://www.virginiabankruptcygroup.com/2011/10/22/taxes-and-bankruptcy-the-nuts-and-bolts/#comments</comments>
		<pubDate>Sat, 22 Oct 2011 17:09:22 +0000</pubDate>
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		<guid isPermaLink="false">http://www.virginiabankruptcygroup.com/?p=79</guid>
		<description><![CDATA[Most people think that filing bankruptcy can’t get rid of taxes. This is not true. Both Chapter 7 and Chapter 13 of the bankruptcy code provide for the elimination of substantial amounts of personal “income” [...]]]></description>
			<content:encoded><![CDATA[<p>Most people think that filing bankruptcy can’t get rid of taxes. This is not true. Both Chapter 7 and Chapter 13 of the bankruptcy code provide for the elimination of substantial amounts of personal “income” tax liability.</p>
<p>There are certain requirements, but when these requirements are met, taxes can be eliminated as easily as unsecured credit card debt.</p>
<p><strong>What Taxes Are Dischargeable In Chapter 7?</strong></p>
<p>Substantial personal “income” taxes can be eliminated through filing a subsequent discharge of a Chapter 7 bankruptcy. However, to be dischargeable, all of the following requirements must be met. These requirements must be applied separately to each tax year in question:</p>
<p>    The only IRS tax that can be discharged is income tax. You cannot get rid of other taxes, for example, withholding taxes.<br />
    It must be at least 3 years since the tax return was due. That is, it must be at least 3 years since the last day that the tax return for the year in question could have been filed without being considered overdue. For instance, for the tax year 1999, assuming that you did not get an extension, the 3 year period started on 4/16/2000. If you got an extension to file the return, that would have made your tax return overdue only as of 8/16/2000; in which case you start counting the 3 year period from this date. If you got 2 extensions, the 3 year period would have started on 10/16/2000.<br />
    The tax return must have been actually filed at least 2 years before the date the Chapter 7 case is filed. So regardless of when the tax return was due, if you only filed the tax return one year ago, the tax is not dischargeable in Chapter 7.<br />
    The tax you are trying to discharge must have been “assessed” by the IRS at least 240 days before the Chapter 7 case is filed. For instance, lets say all the other rules are satisfied, but due to an audit, the IRS makes an additional assessment 100 days before the bankruptcy filing. In this case, the new amount assessed is not dischargeable.<br />
    You must not have made a fraudulent return or willfully attempted to even or defeat the tax. This rule is almost never a problem, but it must be kept in mind for that rare case where fraud or tax evasion is in issue.</p>
<p><strong>What about Chapter 13?</strong></p>
<p>In Chapter 13, all the same rules of Chapter 7 apply, except for one. There is no requirement that the tax return be filed. This is an important and crucial distinction. There are many times when a client meets all the other requirements, but either the client did not file the return for the tax year or the client filed but is unable to prove it. This situation comes up a lot in handling bankruptcy cases, making Chapter 13 a valuable tool for the discharge of taxes.</p>
<p>In addition, in Chapter 13, even if an income tax is non-dischargeable, there are still two big benefits of filing bankruptcy. First, although the tax is non-dischargeable, you can get rid of penalties. Second, the filing of your Chapter 13 case stops the IRS from assessing future penalties and interest. This is important because paying the tax back without interest is a lot cheaper than paying it “outside” of bankruptcy with interest continuing to accrue.</p>
<p><strong>What if the IRS has filed a tax lien?</strong></p>
<p>A tax lien is where the IRS files a Notice of Lien in a local county clerk&#8217;s office. Filing a tax lien does not make a dischargeable tax into a non-dischargeable tax, but filing a tax lien can substantially diminish the benefit. The reason is this. When a tax is dischargeable, by this we mean that it can be gotten rid of as a personal obligation of the taxpayer. What a tax lien does is put a lien on the things the taxpayer owns. More specifically, a tax lien is a lien against all personal property of the taxpayer, no matter where the property is located, and a lien against any and all real property that happens to be located in the county where the tax lien is filed. A lien encumbers the property which it affects, much like a mortgage encumbers your house.</p>
<p>For purposes of bankruptcy, if you want to keep the property encumbered by a tax lien, you have to pay the IRS at least the value of the property encumbered. For instance, if you own a home that is worth $100,000, with a mortgage payoff of $90,000 but you owe the IRS $30,000 in taxes for taxes old enough to be discharged. If the IRS files a lien for $30,000 in the county where this real property is located, the lien would eat up the $10,000 in the value of your home above what is owed on your mortgage. For purposes of Chapter 13, if you want to keep your home, you would have to figure in to your Chapter 13 plan payments sufficient to pay the full $10,000 to the IRS, plus interest. Assuming the lien does not encumber any other property, the other $20,000 would be discharged in the Chapter 13 case. The good news is that although the $10,000 needs to be paid to the IRS in Chapter 13, the IRS can be forced to take payments over the life of the plan, which can be up to 5 years, making the payment of this debt more affordable and preserving your right to keep your home.</p>
<p>For Chapter 7, using the same example, since liens generally “pass through bankruptcy” unaffected, the tax would be discharged, but the tax lien would remain a lien on your home after your bankruptcy case is done.</p>
<p><strong>How Do You Find Out All The Information About My Taxes?</strong></p>
<p>We make a special written request to the IRS for information. Getting information from the horse’s mouth is the only way we can properly represent you. As for information about taxes you may owe the state, we call the local bankruptcy department for the tax revenue office.</p>
<p><strong>What about “income” taxes assessed by a State government?</strong></p>
<p>With very few exceptions, the same rules that apply to the IRS apply to the State.</p>
<p><strong>Disclaimer:</strong></p>
<p>The discussion of taxes above has been simplified to promote understanding, and results will vary greatly depending upon your assets, debts, income, expenses, and the timing of your filing.</p>
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		<title>Stop Harassing Phone Calls!</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/stop-harassing-phone-calls/</link>
		<comments>http://www.virginiabankruptcygroup.com/2011/10/22/stop-harassing-phone-calls/#comments</comments>
		<pubDate>Sat, 22 Oct 2011 17:07:43 +0000</pubDate>
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		<guid isPermaLink="false">http://www.virginiabankruptcygroup.com/?p=77</guid>
		<description><![CDATA[Anyone who has ever been the victim of nasty or harassing phone calls from bill collectors knows that those calls can be bothersome, and in many cases extremely unsettling, frightening, and intimidating. Questions arise in [...]]]></description>
			<content:encoded><![CDATA[<p>Anyone who has ever been the victim of nasty or harassing phone calls from bill collectors knows that those calls can be bothersome, and in many cases extremely unsettling, frightening, and intimidating. Questions arise in your mind. Can they really do what they threaten? Can they really come take my stuff? Is it okay for them to call me at work? Do I have to put up with this? Don&#8217;t I get credit for all the payments I have made over the years?<br />
Name-calling is the worst. Nobody likes to be called a deadbeat or a loser, but that&#8217;s just what some bill collectors do. You always paid your bills in the past. You work hard. You are honest. You don&#8217;t deserve this treatment.</p>
<p>In our experience, the bill collector will say whatever it takes to get you to write a check. The more the bill collector gets the impression that you are uncomfortable, the more they like it. Why? The bill collector knows you want to pay your bills and that you feel terrible if you don&#8217;t and they feed off of this. The more uncomfortable the bill collector make you, the more likely you will write him a check just to get him off your back. You see, it&#8217;s all about money. It always is. Nice bill collectors who feel sorry for people don&#8217;t stay in the business. So, who&#8217;s left? The ones who don&#8217;t care about you or what you think.<br />
Worst of all are the embarrassing calls you get at work. These calls are not only embarrassing, they can jeopardize your job. So, what do you do?</p>
<p>Want to stop those harassing phone calls? You can, but it may take filing bankruptcy. What&#8217;s the alternative? If you don&#8217;t file bankruptcy, it’s more or less open season on you and your feelings. The law says bill collectors can only call you at certain times and certain places, but the rules get violated on a regular basis. Why? These laws are hard to enforce and don&#8217;t have the “teeth” they should. The penalties for violating them are small compared to the money that is collected by violating them. This all assumes you can figure out who made the call and from where. So, is it any wonder why some bill collectors use fake names and call from outside your state? Who are you going to sue? You don&#8217;t really know who called you.</p>
<p>Filing bankruptcy changes all that. Federal bankruptcy laws are so powerful that even nasty bill collectors come under control. You file and it only takes days or weeks for word to make it to the bill collectors. How does this happen? As soon as you file, the bankruptcy court issues an order telling all bill collectors to leave you alone and they do. Why? Nobody wants to be dragged in front of a federal judge upon a contempt of court charge.</p>
<p>If you can’t pay all your bills, and the calls at home and work are out of control, you have a choice. Do nothing and live with the stress or look into filing bankruptcy and STOP THE CALLS COLD.</p>
<p><strong>Call and learn more. We can help!</strong><br />
<strong>Call today to set up a FREE Debt Consultation.</strong><br />
<strong>Call toll free 540-341-1481</strong></p>
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		<title>Stop Bad Credit!</title>
		<link>http://www.virginiabankruptcygroup.com/2011/10/22/stop-bad-credit/</link>
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		<pubDate>Sat, 22 Oct 2011 17:06:39 +0000</pubDate>
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		<guid isPermaLink="false">http://www.virginiabankruptcygroup.com/?p=75</guid>
		<description><![CDATA[Credit: What&#8217;s the real story?
Most viewers of this page will not have the best credit, if they have any credit all! That&#8217;s why you&#8217;re here and we have some great news for you. You might [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Credit: What&#8217;s the real story?</strong></p>
<p>Most viewers of this page will not have the best credit, if they have any credit all! That&#8217;s why you&#8217;re here and we have some great news for you. You might think that you don&#8217;t need credit. Have you every called the phone company to order service? Ever wonder what they are doing when they take your order and then put you on hold? You would be surprised!</p>
<p>One of the largest credit reporting companies in the USA sold all of it&#8217;s credit history on most people to utility companies.</p>
<p>Now! Have you ever wondered why the utility company wants to know your mother’s maiden name? Do you think that they are just real friendly? They are verifying your identity and checking to see you have paid your past utility bills.</p>
<p>This is just one way to show how your credit history is used, even if you don&#8217;t have a credit card. It&#8217;s important to know how people are using this information because this information can affect your life in many ways.</p>
<p>When you file bankruptcy using federal laws, does that hurt your credit? Well, chances are your credit is hurt badly to begin with and if you do nothing, your credit history will continue to get worse, not better. When you use federal laws, it stops the aging process. By that we mean that those bills that are 3 months old, 5 months old, or more will never age after the paperwork has been filed with the courts. How does this affect you? Stopping the aging process means that your credit report will not show a long history of delinquency. So, in that sense, you can put a stop to the aging of bills. That&#8217;s good!</p>
<p>Of course, it&#8217;s better to repay everyone as originally agreed, but not everyone can do that. We’re here to help those that just can&#8217;t.</p>
<p>Let&#8217;s say that you are thinking about getting rid of all your bills using bankruptcy. Does that mean that you will never have credit again? No, not at all! Once we have filed your paperwork using Chapter 7 bankruptcy and have completed the process, which is approximately 90 days, you can get new credit quickly, if you want it.</p>
<p>Let&#8217;s say that you need a car to get back and forth from work. Your newspaper is full of car dealers who want your business. Why would a car dealer want your business after you file a bankruptcy that gets rid of your bills and financial obligations? First, the car dealer knows that you now, have NO Bills, except living expenses. You’re out of debt or nearly so and you most likely will not be in this situation again for some time. Second, he&#8217;s in business to make money, as we all know. Sure, he might charge you a little extra interest and down payment, but wouldn&#8217;t you if you were him? It&#8217;s a small price to pay to get what you want and to start establishing new credit immediately. Third, if you don&#8217;t pay him, he knows he can repo the car, sell it, and make even more money.</p>
<p>Why wouldn&#8217;t this person be anxious to put you into a nice car? Just open your newspaper and look at the car dealer ads. What you will see are ads that say things like: “Bankruptcy &#8211; No Problem.” When you use federal laws to consolidate your bills under Chapter 13, it&#8217;s a different story. The car dealer knows that until your Chapter 13 case is complete, you are on a budget with most of your spare money going to repay part of your old bills. He also knows that if you don&#8217;t make your monthly Chapter 13 payment, your case will get dismissed, and then every bill collector that you owe money to can collect. That makes you a real risk in his book. Still, there are car dealers who will sell you a car even in Chapter 13 but you may need a co-signer.</p>
<p>Individuals in a Chapter 13 bankruptcy case can get credit again, but generally, they must wait until their case is complete. With Chapter 7, their remaining debts will be discharged.</p>
<p>The rules in Chapter 13 require that any changes in your budget, like the purchase of a new car, be approved by the court. The idea is that your Chapter 13 trustee and the court want to make sure you don&#8217;t take on any big, extra debts that might make it impossible for you to successfully complete your Chapter 13 plan. Think about it. This is really for your protection.</p>
<p>We discuss all of this and more with you when you come in for your first FREE Confidential visit.</p>
<p>Some people are worried about a security clearance, military standing, or their job. They should have concern! If they are behind in their payments, they should move quickly to get a jump on the collection process. You can go a long way toward protecting your family, job, reputation, and future credit but only if you get good, sound legal advice before things get worse.</p>
<p>There are numerous ways to deal with debts and we can&#8217;t go over all the options here, but rest assured that answers to your debt questions are only a FREE Debt Consultation away.</p>
<p>The quicker you get answers, the quicker you can start re-building your credit.</p>
<p>Remember this: the first step in re-building your credit is to eliminate some debt.<br />
<strong><br />
Call today to set up your totally FREE Debt Consultation! We can help! Call toll free 540-341-1481</strong></p>
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		<title>Seven (7) Reasons People File Chapter 13</title>
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		<pubDate>Sat, 22 Oct 2011 17:05:14 +0000</pubDate>
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		<description><![CDATA[1. To Stop Foreclosures, Repossessions, and Garnishments: The minute you file bankruptcy, your creditors have to stop all collection efforts including attempts to foreclose on your house or to repossess your car. Is that cool [...]]]></description>
			<content:encoded><![CDATA[<p>1. <strong>To Stop Foreclosures, Repossessions, and Garnishments:</strong> The minute you file bankruptcy, your creditors have to stop all collection efforts including attempts to foreclose on your house or to repossess your car. Is that cool or what? Only bankruptcy law can do that. In Chapter 7, these things are only stopped for a few months. In Chapter 13, these actions can be stopped for the entire duration of the Chapter 13 case, which can be as long as 5 years.</p>
<p>2. <strong>To Give Yourself More Time To Catch Up On A House or Vehicle Loan:</strong> Not only does bankruptcy stop foreclosure and repossession, it gives you more time to catch up on overdue payments. Let&#8217;s say you were $9,000 behind on your mortgage payment. By this time, the creditor is probably refusing to take your money, and is likely to have started foreclosure. Chapter 13 allows you to repay the amount you are behind (called arrears) in installment payments through the Chapter 13 trustee. For example, if you are $9,000 behind on your mortgage, you could propose to repay that $9,000 without interest by making 57 monthly payments of $158.00 each. These payments are sent to the Chapter 13 trustee, who distributes the money to your mortgage company. Upon completion of your Chapter 13 plan, assuming you kept your ongoing payments current, your mortgage loan would be current and up-to-date.</p>
<p>3. <strong>To Save Property You Could Not Save By Filing Bankruptcy Under Chapter 7:</strong> Filing bankruptcy does not mean you will lose all your property. In fact, most people who file bankruptcy don&#8217;t lose anything. Why? Because the state where you live has exemption laws to protect you. Exemption laws vary from state to state, but are basically lists of things you are allowed to keep and still file bankruptcy. However, some people have too much stuff. So much so that if they file a Chapter 7 bankruptcy case, they will lose some of it. What can they do? The answer may be file under Chapter 13 instead. In Chapter 13, you are given an opportunity to pay out the value of the extra stuff, that is the value above what is covered by exemptions, and to do so over the life of the Chapter 13 plan, which is usually between 3 and 5 years. Let&#8217;s say you have $5,000 in the value of property above and beyond available exemptions, and your Chapter 13 plan was going to run for 5 years. You would simply pay the extra $5,000 to the Court, in monthly installments for 5 years. This comes out to less than $100 per month and in return, you get to keep your stuff.</p>
<p>4. <strong>Because You Have Too Much Income:</strong> Sometimes, a client may simply have too much income to qualify for a Chapter 7 bankruptcy case. This seems odd doesn&#8217;t it? Not enough income to pay the bills but too much income to file bankruptcy. What sometimes happens is that people get in so much debt or lose income for long enough that there is not enough income to pay all the bills. Bankruptcy gets rid of certain amounts of debt and because of this, it takes less income to pay the remaining debts and basic monthly expenses. However, if there is income left over above what is needed to pay these remaining debts and basic monthly expenses then the law says, you can&#8217;t file Chapter 7. This is called the &#8220;disposable income&#8221; test. You can still file Chapter 13, however you have to pay the court the extra income, but only for 36 months. That&#8217;s okay because perhaps for the first time in a long time you can actually pay your bills.</p>
<p>5. <strong>To Get Rid Of Debts Which Are Non-Dischargeable In Chapter 7:</strong> Under the law, some debts cannot be eliminated by filing under Chapter 7. Some of these debts can only be eliminated by filing Chapter 13. Examples are certain tax debts, debt involving fraud or embezzlement, certain government fines and penalties (such as moving violations or parking tickets), or debts resulting from intentional injury to another person or property. For example, if you owe $15,000 in income taxes that are four years old, but you never filed the tax return, those taxes are not dischargeable in Chapter 7, but may be in Chapter 13. This expanded list of debts dischargeable in Chapter 13 is called the &#8220;super discharge&#8221; of Chapter 13.</p>
<p>6. <strong>Because The Payments Are Cheaper In Chapter 13 Than Chapter 7:</strong> Sometimes when everything is tallied up, it is cheaper each month to file Chapter 13. For instance, let&#8217;s say you owe $15,000 on a car only worth $10,000. In Chapter 7, you would have to continue paying on the full $15,000 debt, however, in Chapter 13, you only have to pay the value of the car, which is $10,000. (This assumes the vehicle was purchased more than 2 1/2 years ago.) This saves $5,000 and likely, would lower your monthly payment for the car. Say you have a second mortgage for $30,000 on your house, but there is no value in the house above the payoff of the first mortgage to secure it. It is possible in Chapter 13 to “strip off” this mortgage. In Chapter 7, it is not. Stripping off this mortgage in Chapter 13 would eliminate the second mortgage payment. You can see that in certain circumstances filing Chapter 13 may save more money than Chapter 7.</p>
<p>7. <strong>Because It Takes Less Money Up Front To File Chapter 13:</strong> When you file Chapter 7, your attorney must get paid all the fees up-front before they file your case. Otherwise, the attorney wipes out his or her own debt. You see, bankruptcy gets rid of debt and this can include unpaid attorney fees. Chapter 13 works a little differently. In Chapter 13, you make payments into the court to a Chapter 13 trustee. If your attorney chooses, they can take less money up front from you and collect the rest of the attorney fees from the Chapter 13 trustee, who pays your attorney out of your Chapter 13 payments. Sometimes, clients simply cannot come up with the funds to file Chapter 7. In this case, Chapter 13 can be an affordable alternative.</p>
<p>Disclaimer: The above is an oversimplification of the law. The law is complex and each situation is different. If you need to file bankruptcy or think you might, your best bet is to see what&#8217;s right for you. <strong>Call for a FREE Debt Consultation. Call toll free 540-341-1481.</strong></p>
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		<title>If You Have A Phone&#8230;You Have A Lawyer</title>
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		<pubDate>Sat, 22 Oct 2011 17:02:57 +0000</pubDate>
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			<content:encoded><![CDATA[<p>Need to file bankruptcy</p>
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		<pubDate>Sat, 22 Oct 2011 17:01:31 +0000</pubDate>
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