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May 1, 2008
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
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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Chapter 13 Process |
How does it work?
There are specific and complex procedures involved in filing a Chapter 13 plan. First, your lawyer will need to prepare a detailed financial summary of what and whom you owe, what your assets are, your monthly living expenses, and income. Your attorney must also prepare a comprehensive proposal for repayment. Often a plan will call for different percentages of repayment for different classes of creditors. All of the items submitted must be prepared on court-approved forms.
Once you file your petition and plan the court will issue an Automatic Stay (an order, barring all creditors from taking any further collections or legal action against you, including foreclosure or garnishment of your wages). The court will then set a date for a hearing which is called the Meeting of Creditors. You and your creditors will be notified of the time, date, and place of this meeting. You will be required to attend this hearing with your attorney and answer questions under oath about your financial matters.
The trustee appointed to your case will run the meeting. It is the trustee's job to verify the financial information you provide — and the meeting may include questions about your income, expenses, property, past earnings, and the schedule of repayment. The trustee will then decide whether he can recommend to the judge that your plan be confirmed.
The court will also notify you of the date for the confirmation hearing. At this hearing, the judge will determine whether your plan should be confirmed and allowed to proceed. The creditors may attend in order to offer any objections they may have. Your presence at the confirmation hearing is often not required. Once your plan is confirmed, you will simply make one payment a month to the trustee who will then make payments to your creditors according to the schedule set out in the approved plan. You will start living your life again.
How do I get started?
The first step in the process is finding an experienced bankruptcy attorney.
Considering the complexity of Chapter 13 itself, and the further complications offered by the reforms in The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, you want to find a professional who specializes only in bankruptcy.
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