Paste your Google Webmaster Tools verification code here
Bank Holds on Chapter 7 Debtor Accounts

Bank Holds on Chapter 7 Debtor Accounts

The  Ninth Circuit – U.S. Court of Appeals held that a bank did not willfully violate the automatic stay by placing a temporary administrative pledge on the debtors’ accounts in favor of the bankruptcy trustee.

A copy of the opinion is available at: http://cdn.ca9.uscourts.gov/datastore/opinions/2014/08/26/12-16087.pdf

Wells Fargo,  however,  recently got slammed by a Federal Judge in NY for their practice of freezing Chapter 7 Debtor accounts nationwide.  Bankruptcy Court Judge Cecelia G. Morris. December 2014,  awarded the Weidenbenners $25 in damages for a bounced-check charge, plus costs and lawyers fees.  In her ruling, the judge blasted Wells Fargo, which was not a creditor in the case, for freezing the money and controlling access to it. Accusing the bank of “grandstanding” about bankruptcy-code compliance.  In re Weidenbenner, 521 B.R. 74, 2014 WL 7139994 (Bankr. S.D. N.Y., 2014).

Wells claims that their nationwide policy is only to freeze accounts of debtors with $5000 or more– not true.   If you are going to file Chapter 7– move your bank account from Wells Fargo before you file.

 

 

Clearwater Bankruptcy,  28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,

Phone: (727) 330-1627 email: carollawsonesq@gmail.com

 

 

 

 

The bank can change your locks before foreclosure. (What’s In Your Mortgage?)

The bank can change your locks before foreclosure. (What’s In Your Mortgage?)

Locked out

Imagine this: you’re on a two-week vacation. You come back, and find a notice on your door: Entry by unauthorized persons prohibited.

Your key in the lock – it doesn’t fit. You peek through the windows and see that everything you left behind is gone – your furniture, your clothes, your photographs – everything.

You’ve been a victim of your mortgage.

Most mortgages that allows the bank to “protect its interest” in the “security” pledged for the loan – in other words, your home. If the bank, or its inspectors, decide at any point that you’ve “abandoned” the home, they claim the mortgage gives them the right to change the locks, board the windows, drain the pipes, and clean out any trash- your stuff.

Here’s the language most commonly used in many Florida mortgages:

9. Protection of Lender’s Interest in the Property and Rights Under this Security

Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.

Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.

What does this mean? It means that the bank decides you’ve “abandoned” your home  they can come in and take complete possession of your home, without foreclosing or even giving you prior notice.

The police will not help you- they will tell you it is a civil matter to higher an attorney.

 

Clearwater Bankruptcy,  28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,

Phone: (727) 330-1627 email: carollawsonesq@gmail.com

Debt Collector’s  Calling?

Debt Collector’s Calling?

Are debt collectors constantly call your home and send you threatening letters in the mail, it might be time to consider bankruptcy.   Clearwater Bankruptcy evaluates your financial situation to determine if bankruptcy is the best option for you.  Your Clearwater Bankruptcy Attorney  will explain the specifics of bankruptcy law, and help you understand how to rebuild your credit so you can get a fresh start.  Don’t live in fear with the phone off the hook – get the information and answers you need.   Debt Relief is what we do!  Come in for a Free Consolation today!

 

Clearwater Bankruptcy,  28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,

Phone: (727) 330-1627 email: carollawsonesq@gmail.com

How to Rebuild Credit After Bankruptcy

How to Rebuild Credit After Bankruptcy

You can rebuild credit a consumer needs to re-enter the world of credit and add new, positive information to damaged credit reports.

If you reaffirmed a debt in your bankruptcy such as a car loan, you have already taken the first step.

One of the easiest and least expensive ways to add a new line of credit to a credit report is to be added to a loved one’s existing credit card account as an authorized user.  They must have good credit and pay on time to help you.

You can apply for and open a secured credit card account.  They are also very easy to open, even with a recent bankruptcy.

Credit builder loans are extended by credit unions. Like secured cards, it is typically easy to qualify for credit builder loans even for consumers with severely damaged credit reports and scores.  The loans, which are often for small amounts, are reported to the credit bureaus as a positive account as long as payments are being made. They accomplish two things, which are to get something good on your credit reports and to build a small nest egg for emergencies. Check with your local credit union to see if they offer credit builder loans.

Apply for a retail store credit card. Retail store cards are typically issued with very low credit limits and very high-interest rates, which makes them a perfect lending product for consumers with poor credit scores.

Get a joint credit card or loan or with a co-signer.  Your joint applicant must have good credit.

 

Clearwater Bankruptcy,  28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,

Phone: (727) 330-1627 email: carollawsonesq@gmail.com

Length of Chapter 13 Plan

Length of Chapter 13 Plan

How long does a Chapter 13 plan last?

Typically, a Chapter 13 plan lasts from between 36 months to 60 months. The length of the plan depends on several factors: the amount of your average monthly gross income calculated over the six month period prior to the month of filing, the monthly amount of your disposable income, the amount and kind of debt that you have, and the value of your nonexempt property. If the historical average monthly gross income is over the state median you will be forced into a 60 month plan, unless you can pay 100% of your unsecured debt within a shorter period of time.

 

 

Clearwater Bankruptcy,  28870 U.S. Hwy 19 #361, Hodusa Towers, Clearwater, FL 33761,

Phone: (727) 330-1627 email: carollawsonesq@gmail.com