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Posts Tagged ‘bankruptcy’

Credit Card Companies Cut Deals

Tuesday, June 16th, 2009

Credit card companies are increasingly doing something they have historically refused to do -  cutting deals on delinquent accounts for substantially less than the amount owed, according to a recent article in the New York Times.  Historically, credit card companies might negotiate interest rates or waive penalties, but would not otherwise write off the balance due.  This is a welcome change in policy, as it makes good sense for both the company as well as the borrower.  It just might be the key to avoiding bankruptcy.

Medical Bills A Factor in 62% of Bankruptcies

Friday, June 5th, 2009

According to a recent study by Harvard Medical School, 62% of all personal bankruptcies filed in 2007 were related to a significant extent to medical bills.  Further, the really shocking statistic is that of those bankruptcies where medical bills were a factor, 78% had health insurance coverage!  You can read the study at http://pnhp.org/new_bankruptcy_study/Bankruptcy-2009.pdf.

Cramdown Possible With Second Mortgage

Sunday, April 26th, 2009

Many homeowners unfortuneately owe more on their mortgage than their home is worth.  There has been quite a debate in Congress about whether or not to amend the Bankruptcy Code to allow homeowners to “cramdown” the amount of thier mortgage to the value of their home.  Unfortuneately, it appears the financial industry lobby will defeat this legislation.  The good news is that if you have a second mortgage and the value of your home is less than what you owe on your first mortgage, you may be able to cramdown the second mortgage in a Chapter 13 bankruptcy.  The effect is to make the second mortgage an “unsecured” debt which is dischargeable.  This could be just the strategy you need to stay in your home and avoid foreclosure.  Please contact us if you would like more information.

Student Loan Defaults Increasing

Saturday, April 25th, 2009

With college costs at an all-time high and a very weak job market, student loan defaults are skyrocketing according to an article in the Wall Street Journal.  See http://online.wsj.com/article/SB124027600001437467.html#printMode.  Some loans may qualify for deferment or forbearance where you may be able to reach an agreement with your lender to temporarily modify or even suspend payments.  And unfortuneately, student loans are generally not dischargeable if you file bankruptcy unless you can show “undue hardship.”  That is difficult but not impossible to show under the right circumstances.  If you would like more information, please contact us.

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