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May 1, 2008

Interest Rates, State Usury Laws, and the Federal Government: What Went Wrong?
Today, in the United States, states have created usury laws in order to set a maximum legal interest rate limit. Because Congress has chosen not to regulate interest rates on a national level, individual states have made the decision to to protect their consumers. Unfortunately, the usury cap is still at a very questionable rate and in the last twenty or so years it has only risen. In the state of Michigan, the usury rate is currently 25%. Which begs the question, why have interest rates been allowed to soar to such outrageous amounts?

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January 28, 2008

Bankruptcy Can Help Even More
As it stands now, Chapter 13 bankruptcy is the most effective tool in saving your home from foreclosure. It allows you to get caught up, while freeing you from other debt you may have. However, there is a call to allow bankruptcy judges to help even more. Jack Kemp, the former secretary of Housing and Development, recently wrote an opinion for the Los Angeles Times. In it, he outlines changes that could make Chapter 13 bankruptcy more helpful to homeowner ’s and the economy in general.

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Car Repossession

Will I Lose My Car if I File Bankruptcy?
People are understandably concerned about car repossession if the consumer files bankruptcy. The answer is almost always "no" if they remain current on the car loan. Keep current on your car and you likely will not lose it.

Car reposessionI Owe on my Car Repossession
It adds insult to deep injury that they make you pay money -- often many thousands of dollars -- after your car repo. This is called a Deficiency Judgment or Deficiency Balance and can result in a wage garnishment. This balance will be taken care of and cleared by a bankruptcy.

Car Repossession Law
If you are behind on payments (even one), the creditor can repossess the vehicle. [Michigan Civil Code 2983.2] They do not need a court order or judgment first. They are usually not allowed to take it from your garage, but can remove it from a public street or parking lot. They cannot use force or breach the peace [Michigan Commercial Code 9503], but can hotwire the car or use duplicate keys. Car repossession law is usually consistent from state-to-state, but check your specific state law for variations on the above.

Can I Get My Repossessed Car Back?
You have the right to get the car repo back by paying the overdue amount, plus any fines and costs. These can be rather steep. If you can't or won't pay, the re possessor must give you 15 days' notice of the auction. You can bid on your own car. If they get less than you owe as the winning bid (which is usually the case), you'll owe the rest. That is the deficiency balance referred to above. You are entitled to get your belongings which were inside the car back, but only within the short period of time in your contract.


 
 
 
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This is a DEBT RELIEF AGENCY.  We help people file for relief under title 11 of the United States Bankruptcy Code.

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