I Have My Bankruptcy Discharge. Now What?

You should obtain a copy of your credit report immediately after receiving your bankruptcy discharge. Federal law entitles you to one free credit report from the “big three” credit reporting agencies, Experian, Equifax, and TransUnion, every twelve months. The easiest way to obtain your free credit report from each of these agencies is by visiting AnnualCreditReport.com. 

After receiving your free credit reports, check each report for errors. First, any debt discharged by your bankruptcy should be listed as “Discharged in Bankruptcy” with a “Zero Balance.” Second, there should not be any negative activity reported after the date that you filed your bankruptcy case. This includes any new collection agency report after your filing date. Third, any debt that was reaffirmed should not be listed as “Discharged in Bankruptcy,” and should list your on-time payments. Finally, in some cases inaccurate information will be reported. For instance, a car voluntarily surrendered back to a creditor during a bankruptcy is not a “repossessed vehicle” and should not be reported as such. 

Correcting any errors on your credit report is simple and easy. Each reporting agency has procedures from contesting erroneous information, either by mail or on-line. Once the credit agency has updated its records, it must issue you a free corrected report. Review this new report for errors; do not assume that the report has been correctly amended. You may need to correspond with the agency several times and supply documentation regarding your bankruptcy case. It is your responsibility to ensure that your credit report is accurate. Neither the bankruptcy court, nor your attorney, nor your creditors are responsible for sending the credit reporting agencies information regarding your bankruptcy case. 

Updating and correcting your credit reports is the first step on the road to rebuilding your credit after bankruptcy. Fortunately, this step is free and takes very little effort. Be sure to correct your credit reports and then closely monitor your credit regularly for the first two years after your bankruptcy discharge. With timely payments and by carefully protecting your credit file, your credit score will increase quickly.

Credit Card Companies Raise Interest to Record Levels

February 9, 2011 · Filed Under Bankruptcy, Credit Card Debt, Rebuilding Credit · Comment 

Credit Card APRs have risen over 20% during the past two years to an all-time high of nearly 15%, according to information CreditCards.com collects from 100 of the nation’s top credit card companies. While the best interest non-introductory rates are a reasonable 7 to 13%, people with bad credit can expect to get stuck with an APR of 24% or higher. 

The Credit CARD Act of 2009 stopped card companies from raising interest rates without prior notice and curtailed other abusive practices.  The credit card industry has responded by increasing interest rates for future charges and on new customer accounts.  Beverly Harzog of Credit.com was quoted by CNNMoney as saying, “Rates are going up because card issuers know that once you get a card they can’t raise the rates, so they’re raising rates on the front end to ensure they get the revenue from that interest.” 

So what are your best options if you have poor credit?  First, stay away from cards that charge high fees commonly labeled Acceptance Fee, Participation Fee, or Annual Fee.  In some cases a credit card with a $250.00 credit limit may already have $175.00 in fees charged against it! 

Instead, take a look at secured credit cards.  These cards are available to anyone, including recently discharged bankruptcy debtors.  To obtain a secured credit card you must first provide a cash collateral deposit to the bank that becomes your credit line. For example, if you deposit $500 into the account, your credit line is up to $500.  If you fail to make monthly payments or honor the terms of the credit agreement, the bank simply closes your account, offsets what it is owed against the deposit, and returns the remaining money to you. 

In many cases a secured credit card is reported to the three largest credit reporting bureaus (Equifax, Transunion, and Experian), so the cardholder can improve a credit score significantly with payments over time.  Some banks will reward its secured cardholders who pay on time with unsecured increases to the credit line.  Bankrate.com maintains a list of banks that issue secured credit cards.  Be sure to investigate and compare the fees and interest rates charged by these companies before opening an account. 

If you are struggle with paying your bills each month, get out of the vicious cycle of debt by using the federal bankruptcy laws. The bankruptcy discharge can be your ticket to financial stability and savings for the future.  Call today and discover how bankruptcy can help you.

Popular Half-Truths About Bankruptcy

April 16, 2010 · Filed Under Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy · Comment 

The internet is full of half-truths that feed the speculative fears of the evils of bankruptcy.  Most of this information comes from sources outside the bankruptcy process, like debt counselors, or financial planners who often are selling alternatives to bankruptcy.  The most commonly stated “reasons to avoid bankruptcy” are: 

1.  It will ruin your credit

2.  You will lose property

3.  Not all debts are eliminated

4.  You may be subject to repossession or foreclosure

5.  You may not be able to get a job

6.  You cannot get credit 

Those are serious allegations, so let’s look at them. 

First, bankruptcy is typically a last-resort option, so the average bankruptcy filer’s credit is already ruined.  The bankruptcy wipes the slate clean and stops future adverse reporting for past debts.  In other words, if you are 120 days late on a credit card, your credit report will continue to show that you are 120 days late month after month.  A bankruptcy stops that reporting from the day you file your case so your credit can improve. 

Second, it is exceedingly rare that a debtor loses property unexpectedly.  When it happens it is generally the result of poor communication with the client.  In all other cases the debtor will only lose property that is voluntarily surrendered, meaning the debtor has made a financial decision to not keep a house or car. 

Third, there are actually very few debts that cannot be eliminated.  The most common types are child support, some IRS debts, and student loans.  However, even these non-dischargeable debts can be managed within the bankruptcy. 

Fourth, the bankruptcy automatic stay will stop any foreclosure or repossession.  If the creditor wants to take possession of the property after the bankruptcy filing, it must petition the bankruptcy court for permission. 

Fifth, it is against the federal law to discriminate against a job applicant solely on the basis of filing a bankruptcy. 

Sixth, many bankruptcy debtors have rebuild their financial lives within a year or two of the bankruptcy filing.  It takes time and effort to rebuild, but there are no past debts to drag you down! 

Don’t get your bankruptcy information from internet sources that use scare tactics and half-truths.  Talk to an experienced bankruptcy attorney and get the facts.  Find out how bankruptcy can solve your debt problems today.