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	<title>Financial &#038; Legal Matters</title>
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	<link>http://finmats.com</link>
	<description>Financial Facilities, Insurance and Legal Tips and Information</description>
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		<title>The Process of Getting Home Credit Loans</title>
		<link>http://finmats.com/2012/02/01/the-process-of-getting-home-credit-loans/</link>
		<comments>http://finmats.com/2012/02/01/the-process-of-getting-home-credit-loans/#comments</comments>
		<pubDate>Wed, 01 Feb 2012 03:36:40 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Finance]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=170</guid>
		<description><![CDATA[When many people find that they are facing a financial hard time, they will turn to home credit loans in order to get the money that they need now. The home credit loan is one that is basically borrowing against your home based on the value of the home. The amount that the person gets [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://finmats.com/wp-content/uploads/2012/02/home-credit.jpg"><img class="alignleft  wp-image-171" style="margin: 5px;" title="home credit" src="http://finmats.com/wp-content/uploads/2012/02/home-credit-300x225.jpg" alt="" width="240" height="180" /></a>When many people find that they are facing a financial hard time, they will turn to home credit loans in order to get the money that they need now. The home credit loan is one that is basically borrowing against your home based on the value of the home. The amount that the person gets really depends on the person since some people get €100 up to €1000 or more when they apply. The money the person gets is going to have to have be paid back just as if they were borrowing any kind of loan from anyone that is out there. They are going to find that the benefit of credit for home loan UK is the fact that they are getting a lower interest rate when compared to other lending options.</p>
<p>So just how does one go about getting home credit UK? They are going to find that the process is rather simple and that the credit for home loan UK is something that they are not going to have to beg for in most cases. The person will simply check out the rate that the lender is offering on the home credit loan, though they may find that they should check out several lenders to find the best rate. The lender will calculate the amount that the person can get based on the value of the home, the debt to income ratio of the person that is applying, the credit score of the person and other financial factors. The lender is going to only give those that are considered to be in at least the good range of credit the home credit loan, even though their home may be valued pretty high.</p>
<p>The process will require providing proof of residency, value of the home, your identity and your financial situation. You will find that the entire process could take a few weeks to get approved, find a rate that works and so forth. However, once the person is approved, they will have their money. They may find that they have to have the money put directly into their checking account and then work from there. And they will want to make sure that they are fully understanding the repayment period as some lenders will allow monthly payments, while other lenders are wanting one big lump sum at a certain period of time. Either way, if you need money and this is an option, it can save you money in interest in the long run.</p>
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		<item>
		<title>What To Look For in Home Credit Loans</title>
		<link>http://finmats.com/2011/10/11/what-to-look-for-in-home-credit-loans/</link>
		<comments>http://finmats.com/2011/10/11/what-to-look-for-in-home-credit-loans/#comments</comments>
		<pubDate>Tue, 11 Oct 2011 09:07:57 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Commercials]]></category>
		<category><![CDATA[Finance]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=168</guid>
		<description><![CDATA[For many people looking to borrow in the current financial climate, home credit loans can be a welcome source of funds where other lending methods aren&#8217;t available or the applicant isn&#8217;t eligible. However, there are also some drawbacks with this form of borrowing, so being smart about what is being applied for is vital. One [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.flickr.com/photos/59937401@N07/5857462455/sizes/s/in/photostream/"><img class="alignleft" style="margin: 5px;" title="magnifying glass" src="http://farm6.static.flickr.com/5102/5857462455_b0929c5cbe_m.jpg" alt="" width="180" height="240" /></a>For many people looking to borrow in the current financial climate, <a href="http://www.homescredit.co.uk">home credit loans</a> can be a welcome source of funds where other lending methods aren&#8217;t available or the applicant isn&#8217;t eligible. However, there are also some drawbacks with this form of borrowing, so being smart about what is being applied for is vital.</p>
<p>One of the main features of home credit loans is that the lending itself is secured on the property that is owned by the applicant. In practice, what this means is that if there was any reason that the repayments on the loan couldn&#8217;t be made, then the lender would have the right to repossess and sell the property in order to repay any outstanding lending.</p>
<p>This can be a big risk for many people, so being certain that the home credit loans that are being applied for are affordable in terms of the repayments is certainly wise, but also considering a back up plan to repay the loan if there was a drop in the household income would also be a smart move when applying for such lending.</p>
<p>Because the home credit loans are secured on the property of the applicant, considering applying for an income protection plan that would be sufficient to pay the repayments of the loan might be a consideration, as nobody wants to suffer having to have their home repossessed. If this is a prospect that would be uncomfortable, then it could be an idea to explore other avenues of unsecured lending if at all possible, as this will prevent the threat of losing a home becoming a reality if there are any problems with making the repayments.</p>
<p>There is no doubt that home credit loans have a part to play in the overall picture of personal lending across the country, but this certainly doesn&#8217;t mean they should be the first point of call for everyone looking for lending. Getting access to credit is something that many people will need from time to time, and especially if there are issues with securing a loan elsewhere, looking at this type of lending can be an useful outlet, especially if there is plenty of equity available in the property.</p>
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		<title>What To Do At The End of A Tenancy</title>
		<link>http://finmats.com/2011/07/29/what-to-do-at-the-end-of-a-tenancy/</link>
		<comments>http://finmats.com/2011/07/29/what-to-do-at-the-end-of-a-tenancy/#comments</comments>
		<pubDate>Fri, 29 Jul 2011 04:56:09 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=161</guid>
		<description><![CDATA[When the end of your tenancy comes there will need to be a few things that you do in an effort to make sure that you are getting the deposit back that you placed on the apartment or home. These few little tips will go a long way in the securing of your deposit in [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://finmats.com/wp-content/uploads/2011/07/moving-out.jpg"><img class="alignleft size-full wp-image-162" style="margin: 5px;" title="moving out" src="http://finmats.com/wp-content/uploads/2011/07/moving-out.jpg" alt="" width="240" height="180" /></a>When the end of your tenancy comes there will need to be a few things that you do in an effort to make sure that you are getting the deposit back that you placed on the apartment or home. These few little tips will go a long way in the securing of your deposit in an effort to make sure you are not paying for any damage or other cost.</p>
<p>Go through the place and look at everything, make a list of the items that you need to clean, as well as the ones that have to be repaired. This will be a crucial step in the way of taking a little time and ensuring that you are getting the desired results for the attempts that are made. Once this list has been made, then it is time to head to the store and get the needed supplies to make the cleaning or repairs.</p>
<p>Small things like a broken light switch cover can be taken out of your deposit and if enough of these occur, you can see it reduced by a decent amount. Another pitfall is making sure that you are not being hit with the hiring of a cleaning crew to pay for your mess that you made. Many property owners and management companies will take this charge and place it against your deposit.</p>
<p>Look at the lease and make sure that you are not breaking it. Many people move into a place and forget about the lease that they signed a year ago, the next thing that they know; they are being held in violation of this, breaking your lease will often result in a complete surrendering of your deposit.</p>
<p>A deep cleaning on your part can go a long way in helping you make sure that you are guaranteed to get your deposit back and will not be sending it to the property owner or Management Company. Things like the oven and freezer are the two big areas that see the most amount of trouble in this regard.</p>
<p>Following these tips and tricks are the perfect thing that has to be kept in mind when it comes to getting your full deposit back and not being in a situation that will leave you out in the dark.</p>
<p><em>This is a guest article contributed By <a href="http://www.joeoppedisano.net">Joe Oppedisano</a>, a blogger friend</em>.</p>
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		<title>Ways to Stay Out of Debt</title>
		<link>http://finmats.com/2010/06/19/ways-to-stay-out-of-debt/</link>
		<comments>http://finmats.com/2010/06/19/ways-to-stay-out-of-debt/#comments</comments>
		<pubDate>Sat, 19 Jun 2010 13:15:08 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Frugal Tips]]></category>
		<category><![CDATA[debt]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=155</guid>
		<description><![CDATA[If you are worried about getting into debt, then you should take a good look at your finances and come up with a budget that will allow you to live within your means. It will be even better if you can find a way to put by some savings as this will ensure you have [...]]]></description>
				<content:encoded><![CDATA[<p><img class="alignleft" style="margin: 5px;" src="http://farm1.static.flickr.com/167/432361985_0b275ec6d1_m.jpg" alt="" width="240" height="172" />If you are <a href="http://www.debtorsite.co.uk">worried about getting into debt</a>, then you should take a good look at your finances and come up with a budget that will allow you to live within your means. It will be even better if you can find a way to put by some savings as this will ensure you have an emergency fund to use instead of being forced to go into debt if you suddenly find yourself in need of a bulk sum for repair work, a new car or medical bills.</p>
<p>You should begin by making lists of your outgoings and income. Make sure you allow for all of your outgoings. It can be easy to overlook less frequent payments or ones that seem small individually but which can add up to a substantial amount.</p>
<p>Once you know how much you are spending and earning, you should make sure that the amounts balance. If you are spending too much, then you need to find some way of cutting your costs or of earning some extra money. You may want to change your shopping habits by buying less or shopping in more affordable stores, get a car that uses up less gas or take on some overtime at work, for example. If you find it difficult to keep track of what you are spending when you use a debit card then make sure you use cash instead.</p>
<p>Some of your expenses will vary from month to month, and you should set a limit on how much you will spend on these. If you spend less than this limit, you can add the remainder to your savings account.</p>
<p>Having some savings set aside will be a huge help if you are trying to stay out of debt. Rather than relying on borrowed money to cover bills that arrive before payday or to help yourself out of an emergency, you can use your own money. You should invest your money in a savings account in order to earn a good rate of interest. If you build up a large amount of savings, then you can look at some riskier, but potentially higher earning investments, but remember that you should always have a secure, easily accessible lump sum saved up which you can use when you need it.</p>
<p>If you are going to stay out of debt, you will need to make sure that you have the right attitude towards money. You must not be tempted to buy what you cannot afford. You must not be tricked by offers of credit cards, store cards and other borrowed money that will end up costing you a lot more than you may expect. You should concentrate on saving rather than spending your money. The only safe way to borrow is to borrow from your own savings. When you need some extra money, take it out of your savings, and then make sure that you pay it back and build up your savings again.</p>
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		<title>Common Myths on Sale and Purchase of Properties</title>
		<link>http://finmats.com/2009/12/09/common-myths-sale-purchase-of-properties/</link>
		<comments>http://finmats.com/2009/12/09/common-myths-sale-purchase-of-properties/#comments</comments>
		<pubDate>Wed, 09 Dec 2009 09:30:39 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=152</guid>
		<description><![CDATA[As a lawyer who sometimes deals with the sale and purchase of properties, I&#8217;ve come across a few common myths or perceptions people have before the enter into such transactions. With that in mind, these are some of the most common myths that people have when they are about to get themselves into the selling [...]]]></description>
				<content:encoded><![CDATA[<p><img class="alignleft" style="margin: 5px;" src="http://farm1.static.flickr.com/212/463302758_569bc9ab79_m.jpg" alt="" width="240" height="161" />As a lawyer who sometimes deals with the sale and purchase of properties, I&#8217;ve come across a few common myths or perceptions people have before the enter into such transactions. With that in mind, these are some of the most common myths that people have when they are about to get themselves into the selling or the buying of a property:-</p>
<p><strong>If I am selling, I don&#8217;t need a lawyer</strong><br />
Many sellers (I&#8217;ll describe them as Vendors) assume that if they are selling (and receiving money), there is no risk on their part and therefore, there is no need to spend money appointing a lawyer to act for them. Afterall, most if not all, buyers usually appoint a lawyer. So, they feel that it would be better to just let the buyer&#8217;s lawyer do the job and all they need to do is just to sign on the dotted line. That&#8217;s perfectly fine if the Vendor is capable of understanding the legalities of the terms and conditions in a sale and purchase agreement and, if the property being sold is free from encumbrances or restriction-in-interests. Otherwise, the Vendor would have to sort out the discharge of charge or obtain a receipt and reassignment (if there is an existing loan) or to apply for state consent (if the property is leasehold) by themselves.</p>
<p><strong>If the Vendor has a lawyer, I don&#8217;t need a lawyer</strong><br />
Likewise, some buyers think that it is perfectly okay to just rely on the Vendor&#8217;s lawyers. The thing is, the Vendor&#8217;s lawyer&#8217;s interests and professional duty is to protect the Vendor and to draft the agreement favouring the Vendor. Unless the buyer knows what he is in for, it would be foolhardy for the buyer to be unrepresented.</p>
<p><strong>I will get my keys as soon as I sign the sale and purchase agreement</strong><br />
No, you won&#8217;t. On the average, you will probably get your keys between 1 to 3 months after the signing of the sale and purchase agreement. The agreement needs to be stamped, the transaction needs to be valued by the Inland Revenue Board and monies need to be paid. Make that longer if the property is leasehold (where state consent is required), charged to a bank and or the purchase is to be financed by a bank.</p>
<p><strong>Inflate The Purchase Price So That I Can Get A Better Loan</strong><br />
Buyers who need a full loan to purchase a property sometimes think that if the purchase price is inflated, the banks will grant them a loan which would cover the original purchase price. Eg. the property is to be sold for RM100,000.00 but the buyer can only qualify for a loan of RM90,000.00 (usually banks offer a maximum of 90% loan). So, the price is inflated to RM112,000.00 so that the buyer can get a loan of RM100,800.00. However, they fail to realise that the banks usually will conduct a valuation of the property to ascertain the market value and the loan approved usually is dependant on the market value or the sale price, whichever is the lower. By the way, as far as the Inland Revenue Board is concerned, stamp duty payable would be based on the market value or the sale price, whichever is the higher and that can add up to quite a lot.</p>
<p><strong>Inflating the Sale Price would be good for the Vendor</strong><br />
Some buyers persuade the Vendor to inflate the selling price for the reason described in the immediate paragraph above and pay the Vendor a little bit extra to cover any &#8220;inconveniences&#8221;. Vendors better think twice because pursuant to Budget 2010 culminating with the Finance (No. 2) Bill 2009 which was gazetted via the Real Property Gains Tax (Exemption) Order 2009 effective 1st January, 2010, Vendors will have to pay tax on the chargeable gains. And inflating the sale price would increase the chargeable gains.</p>
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		<title>Step by Step Guide To Buying A House &#8211; The Agreement</title>
		<link>http://finmats.com/2009/11/17/guide-buying-house-agreement/</link>
		<comments>http://finmats.com/2009/11/17/guide-buying-house-agreement/#comments</comments>
		<pubDate>Tue, 17 Nov 2009 03:13:32 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Legal]]></category>
		<category><![CDATA[agreement]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=150</guid>
		<description><![CDATA[This is the long awaited sequel to the Step by Step Guide to Buying A House. In our previous article, I have discussed the pre-purchase steps which a buyer of a house should take. In this article, I will share with you what are the common understanding between the vendor and the buyer which are [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.flickr.com/photos/hmtreasury/3943513057/sizes/s/"><img class="alignleft" style="margin: 5px;" src="http://farm4.static.flickr.com/3473/3943513057_b6af214e07_m.jpg" alt="" width="237" height="240" /></a>This is the long awaited sequel to the <a href="http://finmats.com">Step by Step Guide to Buying A House</a>. In our previous article, I have discussed the <a href="http://finmats.com/2009/02/20/guide-to-buying-house/">pre-purchase steps</a> which a buyer of a house should take. In this article, I will share with you what are the common understanding between the vendor and the buyer which are reduced into writing in the form of a Sale and Purchase Agreement.</p>
<p>A Sale and Purchase Agreement (SPA) will contain salient information like the vendor and the buyer&#8217;s personal details as well as a detailed description of the house being sold. It will also stipulate the total purchase price which is made up of the deposit payable and balance purchase price. The timeline for payment of the total purchase price is also stated in the SPA and it is not uncommon for the timeline to be based on 3 months plus an extension of a further 1 month.</p>
<p>Apart from the identities of the parties, description of property, pricing and timeline, the SPA will also include the rights and obligations of both parties during the course of the SPA. There are many things which the parties may need to do. Taking our earlier example wherein the house is currently charged (mortgaged) to a bank, the vendor will be obliged to obtain a Redemption Statement cum Undertaking from his bank in favour of the Purchaser or the Purchaser&#8217;s Bank. This Redemption Statement will indicate the amount which is payable to redeem the property by reason of the loan taken by the Vendor. The SPA will also include various warranties by the Vendor eg, that the property is not subject to any acquisition by the relevant authorities, that the quit rent and assessment has been duly paid and that the Vendors are not undischarged bankrupts.</p>
<p>With so many terms and conditions present on the SPA, it is highly advisable that each party appoint his own solicitor to look after his interests. As explained in one of my earlier articles on the <a href="http://finmats.com/2007/10/05/legal-fees-for-property-transaction-sales-purchase/">scale legal fees for sale and purchase of properties</a>, a solicitor may not act for both vendor and purchaser in the same transaction.</p>
<p>After the vendor and buyer are satisfied with the terms of the SPA, the SPA is then executed by the parties and subsequently stamped at the Stamp Office. Time begins to run and the parties would be guided by the SPA on what they need to do before the property is ultimately registered in favour of the buyer&#8217;s name and keys are passed.</p>
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		<item>
		<title>Step by Step Guide To Buying A House &#8211; Part 1</title>
		<link>http://finmats.com/2009/02/20/guide-to-buying-house/</link>
		<comments>http://finmats.com/2009/02/20/guide-to-buying-house/#comments</comments>
		<pubDate>Fri, 20 Feb 2009 09:41:15 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Finance]]></category>
		<category><![CDATA[Legal]]></category>
		<category><![CDATA[property]]></category>
		<category><![CDATA[real estate]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=143</guid>
		<description><![CDATA[Buying a house is probably one of the biggest investments a person makes in his lifetime. Not only does it cause a dent in the buyer&#8217;s pocket, the whole process of buying a house can be down right daunting and intimidating as the buyer has to deal with various parties for instance, the property agent, [...]]]></description>
				<content:encoded><![CDATA[<p><strong><a href="http://flickr.com/photos/bartku/"><img class="alignleft" style="margin: 5px;" src="http://farm3.static.flickr.com/2041/2738920865_c561d1caf2_m.jpg" alt="House" width="240" height="159" /></a>Buying a house</strong> is probably one of the biggest investments a person makes in his lifetime. Not only does it cause a dent in the buyer&#8217;s pocket, the <strong>whole process of buying a house</strong> can be down right daunting and intimidating as the buyer has to deal with various parties for instance, the property agent, banker, lawyer and utility companies. I hope this series on <a href="http://finmats.com/2009/02/20/guide-to-buying-house/">step by step guide to buying a house</a> will assist you in your hunt for a home.</p>
<p>To start off, some matters need to be mentioned. The house in question is a double-storey terrace house which is currently charged to a bank by the Vendor. It is situated on freehold land and individual title has been issued by the Land Office. The house is marketed for sale by a property agent and upon viewing the house, negotiation takes place on the purchase price. The buyer should insist on having a copy of the title or at least the title particulars so that a search can be conducted on the title at the Land Office to ascertain the identity of the current owner of the house and the existing encumbrances on the house.</p>
<p>Once the buyer is satisfied with the condition of the house and the purchase price, a booking fee is paid to secure the sale of the house. In this connection, the usual booking fee imposed in Klang Valley is 2% of the purchase price. Payment is made in favour of the property agent&#8217;s firm and a simple agreement is executed by both the vendor and the buyer on the important terms of the sale.</p>
<p>The agreement would usually include the names of the vendor and buyer, their correspondence addresses, subject property for sale, purchase price, period for payment of balance purchase price, default and dateline for signing of the formal sale and purchase agreement.</p>
<p>The buyer is given a receipt by the property agent for his booking fee and a copy of the simple agreement. Thereafter, the buyer has to appoint a lawyer to begin preparation of the formal sale and purchase agreement and to protect his interest throughout the transaction. In this instance, the minimal documents which the buyer is required to forward to his lawyer would be a copy of his identity card, copy of booking receipt, copy of the simple agreement, particulars of the vendor&#8217;s lawyers, buyer&#8217;s income tax number and submission branch, copy of title to the house and copy of vendor&#8217;s loan agreement. If the buyer does not have some of the documents, especially the documents which are in the vendor&#8217;s possession eg. the loan agreement, the buyer&#8217;s lawyers would write to the vendor&#8217;s lawyers for a copy of the same.</p>
<p>To be continued in Part 2. If you don&#8217;t want to miss Part 2, subscribe to this site&#8217;s <a href="http://feeds2.feedburner.com/FinancialLegalMatters">feed</a> for free so that you can be updated automatically.</p>
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		<title>Things to Know Before Filing Bankruptcy</title>
		<link>http://finmats.com/2009/02/17/filing-bankruptcy/</link>
		<comments>http://finmats.com/2009/02/17/filing-bankruptcy/#comments</comments>
		<pubDate>Tue, 17 Feb 2009 09:26:00 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Finance]]></category>
		<category><![CDATA[bankruptcy]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=140</guid>
		<description><![CDATA[If you&#8217;re not sure about the proper way to file bankruptcy, you are not the only one out there. The most important recent development to know about is the Bankruptcy Abuse Prevention and Consumer Protection Act that was passed by Congress in 2005. BAPCPA has made it much more difficult to file bankruptcy, and has [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://flickr.com/photos/edo-finelight/"><img class="alignleft" style="margin: 5px;" src="http://farm1.static.flickr.com/120/287074613_75d3254f4d_m.jpg" alt="" width="160" height="240" /></a>If you&#8217;re not sure about the <a href="http://moneyinsider.net"><strong>proper way to file bankruptcy</strong></a>, you are not the only one out there. The most important recent development to know about is the Bankruptcy Abuse Prevention and Consumer Protection Act that was passed by Congress in 2005. BAPCPA has made it much more difficult to file bankruptcy, and has made the decision to do so much harder.</p>
<p>Before beginning the process, you should probably<strong> find a reputable bankruptcy lawyer </strong>who can assist in the proceedings. It is not illegal to represent yourself of course, but a lawyer is the only one who can truly represent you in the best way. BAPCPA has made bankruptcy so complex that it is possible that your bankruptcy declaration will not be accepted by the court because it is incomplete or incorrect.</p>
<p>When filing bankruptcy, you must first determine which class of bankruptcy is appropriate for your situation. The 6 different classifications of bankruptcy are Chapters 7, 9, 11, 12, 13 and 15. Chapters seven and thirteen are used solely for private citizens, and the remaining classifications are used by public or private firms and farmers.</p>
<p>Chapter Seven is often referred to as &#8220;liquidation&#8221; because bankruptcy filers are forced to sell their assets and possessions to pay of their debts. Certain delinquincies are exempt from being discharged in Chapter Seven including tax responsibilities, money owed in judgements from the courts, and loans from the government, including student loans.</p>
<p>The Chapter 13 classification is called &#8220;reorganization&#8221; and also forces the filers to repay their debts. Instead of liquidation, debtors and creditors agree upon a payment plan to cover the debt. The repayment periods usually last between three and five years, but can be longer or shorter.</p>
<p>BAPCPA forces bankruptcy filers to agree to a &#8216;means&#8217; test; a financial assessment that is used to gauge the debtor&#8217;s median income. This test compares an individuals income to the state&#8217;s average income in an attempt to assess the fair amount that the individual must repay.</p>
<p>The bankruptcy filer must apportion most of their disposable income to repaying their debts under Chapter 13. While still under the terms of the plan, a debtor usually cannot assume any more debt unless previously approved. Many debtor&#8217;s under Chapter 13 are simply unable to meet their responsilities and then they must return to court to meet with the judge.</p>
<p>When bankruptcy filers fail to meet their bankruptcy requirements because they do not stick to the repayment plan, creditors go to the court and petition the judge to toss out the Chapter 13 petition. When the judge does this, he can decide to reclassify the bankruptcy as having Chapter 7 status or dismiss the petition completely. When bankruptcy petition gets dismissed, the bankruptcy filers lose the protection that bankruptcy affords them and the creditors will then begin collection actions, which sometimes includes foreclosure.</p>
<p>Once bankruptcy papers have been filled out, they must be filed at the courthouse. At this point, within a few weeks, the debtor&#8217;s find themselves in a 321 Bankruptcy Meeting. At this time, creditors are permitted to question the bankruptcy about the reason that they must file for bankruptcy, as well as their plan to get their heads above water and for repaying their debts.</p>
<p>Creditors do not always go to the 321 Bankruptcy Meeting, but they must do so if they want their notes to be put into the bankruptcy repayment plan.  They petition must be filed at the courthouse within thirty days of the 321 Meeting.</p>
<p>The final part of the bankruptcy procedure involves appearing before the bankruptcy judge. The judge reads the filing to make sure that all necessary conditions for bankruptcy have been fulfilled, including enrollment in &#8220;credit therapy&#8221;. Then the judge will do one of three things: absolve debts by way of Chapter 7; sign-off on the Chapter 13 repayment; or toss out the entire bankruptcy petition.</p>
<p>This article is written for the United States readers. You are advised to seek legal counsel for the accuracy of the content herein as laws may have changed.</p>
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		<title>Repair Your Credit To Avoid Declines</title>
		<link>http://finmats.com/2009/02/11/repair-your-credit-to-avoid-declines/</link>
		<comments>http://finmats.com/2009/02/11/repair-your-credit-to-avoid-declines/#comments</comments>
		<pubDate>Wed, 11 Feb 2009 09:05:49 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Finance]]></category>
		<category><![CDATA[credit]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=138</guid>
		<description><![CDATA[Nowadays, you cannot escape from your credit mistakes. They will eventually come back to haunt you. It is not like in the past when there were no credit records of anyone who ever applied for a loan. Today, we have 3 companies: TransUnion, Equifax, and Experian who are in charge of establishing credit history for [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://flickr.com/photos/thetruthabout/"><img class="alignleft" style="margin: 5px;" src="http://farm4.static.flickr.com/3409/3226571791_0e27e05cc5_m.jpg" alt="" width="240" height="180" /></a>Nowadays, you cannot escape from your credit mistakes. They will eventually come back to haunt you. It is not like in the past when there were no credit records of anyone who ever applied for a loan.</p>
<p>Today, we have 3 companies: TransUnion, Equifax, and Experian who are in charge of establishing credit history for anyone who was ever approved for a loan. This bureau will decide whether you are to be downgraded because of missed payments or credit problems.</p>
<p>Financing companies use this bureau to check whether a loan applicant has a bad credit history and therefore, is a high credit risk. The lower your score, the harder it will be for you to avail of further loans. However, if by chance you are approved for a loan, you will be subject to higher interest rates because of your credit rating.</p>
<p>Assuming you have a low rating, this does not mean you cannot work on improving it. What you need to do is fix your credit problems, clear off any delinquencies, and possibly pay off all your loans. Of course, that is easier said than done. However, if you want to be able to apply for a credit card, housing, or auto loan in the future, it has to be done. Otherwise, you will be declined.</p>
<p>Acknowledging that repairing your credit will take time is the first step. Then you need to prioritize your expenses.</p>
<p>Why not downgrade your lifestyle to fit your budget? If you are constantly eating out, try home-cooked meals for a change. If you have a large monthly mortgage on your home, why not sell your home and settle in a smaller place with lower monthly payments?</p>
<p>The last option you should consider is bankruptcy. This move will stay in your credit history file between 10 to 15 years, regardless if you have recovered from your financial crisis or not.</p>
<p>You should also think twice about getting a debt counselor. This would mean an additional expense, which you cannot afford. Your priority is lowering your expenses and paying off your bills.</p>
<p>The simplest way is to live within your means. Augment your income by taking on part-time jobs. Look for a higher paying job, and from now on, always pay in cash.</p>
<p>Having credit problems is a huge headache and can be very stressful. When it is all over, and all the bills are paid and updated, try to be more prudent in availing of credit facilities.</p>
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		<title>Protect Yourself Even In Bankruptcy</title>
		<link>http://finmats.com/2009/02/06/bankruptcy-protection/</link>
		<comments>http://finmats.com/2009/02/06/bankruptcy-protection/#comments</comments>
		<pubDate>Fri, 06 Feb 2009 06:13:18 +0000</pubDate>
		<dc:creator>pablopabla</dc:creator>
				<category><![CDATA[Legal]]></category>

		<guid isPermaLink="false">http://finmats.com/?p=130</guid>
		<description><![CDATA[Bankruptcy usually does people the favor of taking the stress off their shoulders and giving them a sense of starting anew. After this initial period of relief has subsided and your finances are back on track, you will probably want to get a loan for something down the road. Many people are told before they [...]]]></description>
				<content:encoded><![CDATA[<p><a href="http://www.flickr.com/photos/andrewbain/"><img class="alignleft" style="margin: 5px;" src="http://farm4.static.flickr.com/3069/2644353200_427a5c1127_m.jpg" alt="" width="240" height="160" /></a>Bankruptcy usually does people the favor of taking the stress off their shoulders and giving them a sense of starting anew. After this initial period of relief has subsided and your finances are back on track, you will probably want to get a loan for something down the road. Many people are told before they declare bankruptcy that they will never be able to buy a big ticket item as they&#8217;ll never be able to take out a loan. Although usually the case, you can still get a loan after bankruptcy.</p>
<p>Some lending agencies do most of their business with those individuals who have previously filed for bankruptcy or otherwise have poor credit. In most cases, an individual will not be able to take out a loan until the bankruptcy period has ended or their case has been dismissed in court. These types of loans are dependant on whether you filed for Chapter 7 or Chapter 13 bankruptcy.</p>
<p>For example if your case is classified as Chapter 7 bankruptcy, you only have to wait for two years until you can take out another loan. If you happened to file for Chapter 13, you will have to wait until you have paid the creditors what they are owed and the judge dismisses the case. It is because of the many nuances between these classifications that you should always hire a bankruptcy lawyer to represent you.  It may seem expensive to hire a lawyer when you&#8217;re about to file for bankruptcy, but if you want to keep anything that you own, hiring a lawyer is essential.</p>
<p>When filing for bankruptcy, even though you should have a lawyer, it is important to know the differences yourself.  By filing for Chapter 7 bankruptcy, you will be forced to sell your assets and give the money to your creditors. When apply for Chapter 7 protection, it would be helpful to compile a list of your sale-able assets and your debts. Take this to your lawyer so that he can determine if any of these assets are protected from liquidation based on which state you live in. Anything that you can&#8217;t place on the exempt list will have to be turned over to the state for them to sell to the highest bidder.</p>
<p>Chapter 13 protection allows an individual to work out a payment plan with the creditors without having to pay interest. When you file for this type of bankruptcy, you must present a plan as to how you&#8217;ll get out of debt, and you&#8217;ll have to give a big percentage of your check to the state to settle your debts. Secured debt that you have to pay off such as property cannot be more than $922,975 while unsecured debt such as credit card debt can&#8217;t equal more than $307,675.</p>
<p>In order to file for bankruptcy, you must enroll yourself in credit counseling in order to learn fiscal responsibility. After taking this class, you and your attorney will have to meet with those who you owe money where you will present your plan to pay off your debt. Your creditors have thirty days to challenge your plan of action and 90 days discuss the next course of action for you with the court.</p>
<p>The biggest different between Chapters 7 and 13 is that with Chapter 13, the court will allow you to keep your home and car as well as certain other possessions. As suggested earlier, it is always best to retain a lawyer when beginning the process of filing for bankruptcy.  Only with their help will you be able to properly protect yourself and your family in these troubling times.</p>
<p>This article is written specifically with United States audience in mind. However, you are advised to seek a local lawyer near you to ensure the accuracy of the details shared here. If you are in Phoenix, get the advise of a <a href="http://www.bankruptcyattorneyinphoenix.com/">Phoenix Bankruptcy Lawyer</a>.</p>
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