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June 2009

Can You Hold On To Certain Credit Cards After A Bankruptcy?

Jun 25 2009
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This is a popular topic with our New York and New Jersey bankruptcy clients. The answer to this questions, is as always . . . it depends. Technically, the ideal thing to do is discharge all your debt. However, a Chapter 7 will lower your credit and make it difficult to get new credit fast.

If you have a credit card and had a zero balance on it for the past 6 months or more than you may be able to keep that card since you only have to report liabilities – however, if a card had a high balance and you paid it off in anticipation of the bankruptcy, then this is illegal, and either that payment will not be discharged or the whole bankruptcy will be denied.

There is also another option, you can always reaffirm the debt and agree with a certain credit card company that you will keep paying the monthly payments. However, this option is not guaranteed and you will usually end up with a higher interest on the card.

You can always apply for a secured card after the bankruptcy which will build your credit and make obtaining new cards in the future, easier.上述问题在我们的咨询中十分普遍。对于该问题的回答,要以情况而死那个。理论上而言,最理想的情形是免除您您所有的债务。但是第七章的破产申请会降低您的信用,使您很难再获得新的信用记录。
如果您持有信用卡,卡内的余额在过去的六个月内或更久的时间内为零,您可以保留该卡,因为只需报告债务。但是,如果您的卡有很多的余额而且您在考虑破产期间很快将其付清,该行为是违法的,并且上述清偿不会被免除或者整个破产申请会被拒绝。
您还有另一种选择,及您可以确认债务,同信用卡公司达成协议,同意每个月继续还款。但是这种方案未必能万无一失,并且您在卡上的利率会更高。
在申请破产后,您总是可以申请担保的信用卡,重新建立自己的信用记录,在将来更轻松的获得新卡。

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Debt Settlement v. Bankruptcy

Jun 08 2009
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We received many questions from our New York and New Jersey bankruptcy clients over this: Should I go with a debt relief agency or file a Chapter 7? Even though bankruptcy attorneys will be quick to suggest filing a Chapter 7, our approach is different. We advise everyone that bankruptcy must be a last solution, after all other remeides are exhausted.

For example, a negotiated debt-settlement is one functional alternative to bankruptcy. In a debt settlement, an organization contacts creditors to arrange a plan to minimize monthly payments. In addition, a good settlement organization will minimize total debt as well as interest payments.

However, one must be careful in choosing a debt-settlement company, as there are many companies claiming to negotiate your debt, but will take your money and perform minimal services. That said, debt comanies do provide leverage as the emotional nature of this type of negotiation makes it very difficult to talk to a risk manager

Should our clients want to proceed with negotiating themeslves, we need to arm them. For example, to even consider debt settlement one needs to have access to a lump sum of cash to make a down payment. They need to have to patience to deal with harassing phone calls and letters and be prepared to commit to at least several years of monthly payments at a high interest rate. But if debt settlement is the way to go and bankruptcy is not an option, you may be able to save your credit score and avoid Chapter 7.We received many questions from our New York and New Jersey bankruptcy clients over this: Should I go with a debt relief agency or file a Chapter 7? Even though bankruptcy attorneys will be quick to suggest filing a Chapter 7, our approach is different. We advise everyone that bankruptcy must be a last solution, after all other remeides are exhausted.

For example, a negotiated debt-settlement is one functional alternative to bankruptcy. In a debt settlement, an organization contacts creditors to arrange a plan to minimize monthly payments. In addition, a good settlement organization will minimize total debt as well as interest payments.

However, one must be careful in choosing a debt-settlement company, as there are many companies claiming to negotiate your debt, but will take your money and perform minimal services. That said, debt comanies do provide leverage as the emotional nature of this type of negotiation makes it very difficult to talk to a risk manager

Should our clients want to proceed with negotiating themeslves, we need to arm them. For example, to even consider debt settlement one needs to have access to a lump sum of cash to make a down payment. They need to have to patience to deal with harassing phone calls and letters and be prepared to commit to at least several years of monthly payments at a high interest rate. But if debt settlement is the way to go and bankruptcy is not an option, you may be able to save your credit score and avoid Chapter 7.

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New York Judge Says Chapter 11 Still Works

Jun 01 2009
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NEW YORK, March 31 (Reuters) – The top federal bankruptcy judge in New York on Tuesday defended Chapter 11 bankruptcy protection as a means for companies to preserve jobs and shed money-losing units in an orderly manner.

After bankruptcy code reforms in 2005, fewer companies have exited Chapter 11 bankruptcy protection. Some critics in the legal profession have argued that Chapter 11 is no longer as useful a tool to reform companies.

But in comments at Fordham University on Tuesday, Chief Judge Stuart Bernstein of the U.S. Bankruptcy Court in Manhattan said that even though Chapter 11, which governs reorganizations following bankruptcies, has become more “creditor-friendly,” it gives companies tools and breathing room to fix their businesses.

“Chapter 11 provides a lot of tools to a debtor to streamline its operations, and get rid of unproductive assets,” Bernstein told Reuters after his talk.

Though Bernstein declined to directly speak of a possible bankruptcy filing by carmaker General Motors because the case could land in his court, he did say bankruptcy law provides many tools, though it’s not obvious they can be easily used.

“As a general matter, you’d have to abrogate a collective bargaining agreement — but that’s easier said than done and it can cause a lot of litigation,” Bernstein said. (Reporting by Phil Wahba)NEW YORK, March 31 (Reuters) – The top federal bankruptcy judge in New York on Tuesday defended Chapter 11 bankruptcy protection as a means for companies to preserve jobs and shed money-losing units in an orderly manner.

After bankruptcy code reforms in 2005, fewer companies have exited Chapter 11 bankruptcy protection. Some critics in the legal profession have argued that Chapter 11 is no longer as useful a tool to reform companies.

But in comments at Fordham University on Tuesday, Chief Judge Stuart Bernstein of the U.S. Bankruptcy Court in Manhattan said that even though Chapter 11, which governs reorganizations following bankruptcies, has become more “creditor-friendly,” it gives companies tools and breathing room to fix their businesses.

“Chapter 11 provides a lot of tools to a debtor to streamline its operations, and get rid of unproductive assets,” Bernstein told Reuters after his talk.

Though Bernstein declined to directly speak of a possible bankruptcy filing by carmaker General Motors because the case could land in his court, he did say bankruptcy law provides many tools, though it’s not obvious they can be easily used.

“As a general matter, you’d have to abrogate a collective bargaining agreement — but that’s easier said than done and it can cause a lot of litigation,” Bernstein said. (Reporting by Phil Wahba)

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New Jersey Diesel Company Files for Bankruptcy

Jun 01 2009
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NEW YORK, Jan 9 (Reuters) – New Jersey biodiesel producer U.S. Bioenergy of America, Inc, filed for bankruptcy protection this week, the latest bad news for the infant U.S. biodiesel industry,

The company, based in Edison, New Jersey, filed for the protection in the U.S. Bankruptcy Court in Trenton, court records showed.

The company, which has production plants in Colorado, listed debts of $10 million to $50 million and assets of between $1 million and $10 million.

Biodiesel producers have suffered in recent months as prices for soy, the main U.S. feedstock for the alterative fuel, have soared. Soy prices hit a record of over $13 a bushel this week on global demand for vegetable oils for food and fuels.

Still, surging oil prices and government incentives helped the biodiesel industry to triple to about 250 million gallons in sales in 2006, the latest year for which statistics are available.

By comparison, U.S. ethanol industry capacity recently topped 7.5 billion gallons per year. The U.S. government offers $1 per gallon in incentives for biodiesel, which can be blended into motor fuel and heating oil.

Earlier this month, Imperium Renewables, Inc, the largest biodiesel producer on the U.S. West Coast, withdrew its plan for an initial public offering, citing unspecified unfavorable market conditions.

Late last month, Imperium Chairman and CEO Martin Tobias left the Seattle-based company. No explanation was given for his departure.

U.S. Bioenergy did not immediately return phone calls about the filing. (Reporting by Timothy Gardner; Editing by Christian Wiessner)NEW YORK, Jan 9 (Reuters) – New Jersey biodiesel producer U.S. Bioenergy of America, Inc, filed for bankruptcy protection this week, the latest bad news for the infant U.S. biodiesel industry,

The company, based in Edison, New Jersey, filed for the protection in the U.S. Bankruptcy Court in Trenton, court records showed.

The company, which has production plants in Colorado, listed debts of $10 million to $50 million and assets of between $1 million and $10 million.

Biodiesel producers have suffered in recent months as prices for soy, the main U.S. feedstock for the alterative fuel, have soared. Soy prices hit a record of over $13 a bushel this week on global demand for vegetable oils for food and fuels.

Still, surging oil prices and government incentives helped the biodiesel industry to triple to about 250 million gallons in sales in 2006, the latest year for which statistics are available.

By comparison, U.S. ethanol industry capacity recently topped 7.5 billion gallons per year. The U.S. government offers $1 per gallon in incentives for biodiesel, which can be blended into motor fuel and heating oil.

Earlier this month, Imperium Renewables, Inc, the largest biodiesel producer on the U.S. West Coast, withdrew its plan for an initial public offering, citing unspecified unfavorable market conditions.

Late last month, Imperium Chairman and CEO Martin Tobias left the Seattle-based company. No explanation was given for his departure.

U.S. Bioenergy did not immediately return phone calls about the filing. (Reporting by Timothy Gardner; Editing by Christian Wiessner)

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ATTORNEY ADVERTISING: We are a debt relief agency, we help people file for Bankruptcy under the Bankruptcy Code. The information contained in this web site is intended to convey general information and is for educational purposes only. The information you obtain at this site is not, nor is it intended to be, legal advice, nor is it intended to create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation.
ATTORNEY ADVERTISING: We are a debt relief agency, we help people file for Bankruptcy under the Bankruptcy Code. The information contained in this web site is intended to convey general information and is for educational purposes only. The information you obtain at this site is not, nor is it intended to be, legal advice, nor is it intended to create an attorney-client relationship. You should consult an attorney for advice regarding your individual situation. Back to top