Archive for August, 2008

New trouble in financial land

Monday, August 18th, 2008

Well… looks like the ball has started rolling. I just got a letter from my business landlord, stating they wanted payment in full in 10 days for all past due rent. I contacted my business attorney, and he suggested I call the last lawyer who he had recommended previously.

I went into the office this afternoon. He is going to contact the landlords attorney and try to hold them off. He also has some bank contacts he suggested to see if financing may be possible, and to try to avoid bankruptcy if at all possible. He also recommended AGAINST debt settlement. The big reason, is because any debt a credit card company writes off (Settles for) you are responsible for the difference via income tax.

That means if you owe $25,000 on a credit card, and they settle for $10,000 you will get a 1099 form at the end of the year for the $15,000 difference. That means your tax bracket probably goes up, and you are responsible for a LOT more taxes! That’s no good in my opinion!

Bankruptcy lawer consultation by phone

Wednesday, August 13th, 2008

Today was another consultation, but by phone this time. The attorney took most of the same info the first one did. This lawyer seemed a little more personable than our first consultation. I suggested we would really like to do a chapter 7 instead of a chapter 13 if possible. In reality we will have no income left over if we have to close the business. He stated we would have to do the “means test” I spoke of previously.

He stated It would take a couple weeks to file papers once all the documentation was received. We also discussed debt reduction programs as you are now hearing about all the time. I seems there are TV and radio ads running all the time.

It is looking more inevitable as time passes. Store sales are not recovering after the slow month last month, and I am not able to pay some other bills now coming due. Rent is several months behind now. Oh-boy.

chapter 13 versus chapter 7 bankruptcy

Friday, August 8th, 2008

So… What is the difference in a chapter 13 or a chapter 7 bankruptcy? There are a lot of great sites on the web that can go into much more detail than I will here. But you will get the basics.

To start, there are some great books available to learn all about bankruptcy. Make sure you always get the latest version available. First you can check out Bankruptcy: Is It the Right Solution to Your Debt Problems? – If you are a fan of the “Dummies” series of books be sure to look at Personal Bankruptcy for Dummies.

Basically a Chapter 13 bankruptcy is a court approved payment plan which normally lasts 36 -60 months based on your disposable income. How much gets repaid to your creditors is dependant on a number of issues. It can be as little as 10% of your debt, or as much as 100%. A good resource for this information is the Nolo Press book Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time.

A chapter 7 bankruptcy is a liquidation. You are allowed certain exemptions, either federal or by state which you can keep. Anything else is to be sold or liquidated and repayed to the creditors. In 2005 the government changed the bankruptcy laws making it harder to file for chapter 7. You must now pass what is called the “means test” to qualify and be able to file this way. A great resource for this is also a Nolo Press book: How to File for Chapter 7 Bankruptcy. It can give you great tips.

Although some of the above referenced books are for people who want to go it on their own. (This is called a “Pro Se” Filing) I recommend a lawyer!

First Bankruptcy lawyer consultation

Monday, August 4th, 2008

Well, today we had our first consultation. I am trying to determine whether I have to do a business bankruptcy, or personal bankruptcy. Virtually all our debt is due to the business. It is unclear whether the business can keep operation or will need to close.

After the consultation, we determined we didn’t like the feel of this particular lawer, or firm. It appeared to be a wham-bam thank you ma’am type approach. He stated we would need to do a chapter 13 bankruptcy. (I’ll cover the different types in a future post) A chapter 13 is a repayment plan through the bankruptcy court. How much is repaid and how long of a period of time is determined by the court based on your disposable income.

He said basically the business would just have to close down and be liquidated. So now we wait for the other appointment.

Finding a bankruptcy attorney

Saturday, August 2nd, 2008

So how do you find a bankruptcy lawyer? We started by looking online and in the local phone book for lawyers who specialized in bankruptcy in our area. Bankruptcy courts are seperated by state and district, so you need an attorney who can handle a case in your area.

We found two bankruptcy lawyers to talk to and my business lawyer recommended someone as well. So, now we have three people to talk with to get an idea who we are comfortable with, and get their advice on the situation. Most will offer a free consultation, or charge a minimal fee for this. Our first appointment is Monday.