This is information that we provide to our bankruptcy clients, but others may find it useful as well.
First, beware of credit repair companies that claim they can magically erase derogatory entries from your report. No one can erase derogatory information from your credit report if the information is accurate and properly reported. However, if there is old or inaccurate information on your credit report, you can correct it yourself for free. Here is how:
A few months after your bankruptcy case is discharged, you should obtain a copy of your credit report. You can obtain a free credit report every twelve months by going to www.annualcreditreport.com or call 1-877-322-8228.
You should examine your credit report tradelines and dispute any improper or inaccurate entries. You should note any of your discharged debts that are being reported as something other than “discharged” (ask your bankruptcy attorney how specific pre-filing and discharged debts should be reflected on your credit report).
Your dispute can be filed online or in writing. Your credit report will contain detailed instructions on how to dispute inaccurate/improper information. The credit bureau will conduct an investigation and should remove the incorrect information. This, in turn, should have a positive impact on your credit score!
As always, The Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island. Contact us at (516) 858-2620 to arrange a Free bankruptcy consultation.
Bankruptcy Dismissal
What can I do after a bankruptcy dismissal?
After a dismissal, your bankruptcy case will be closed. The bankruptcy will be over unless/until a motion is made and granted reopening the case. Depending on the reason your case was dismissed, you may/may not be able to file another bankruptcy case right away. If you are able to file again, the length of the Automatic Stay might be an issue for you. A motion may have to be made to extend the length of the stay (your bankruptcy attorney will advise you about this issue).
Bankruptcy Attorney in Mineola
As always, the Law Firm of VAUGHN, WEBER & PRAKOPE, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.
Bankruptcy Bias for Blacks
A recent NY Times article discusses a recent study of racial differences in bankruptcy filings that shows a bankruptcy bias for blacks:
The study of racial differences in bankruptcy filings was written by Robert M. Lawless, a bankruptcy expert and law professor, and Dov Cohen, a psychology professor, both with the University of Illinois; and Jean Braucher, a law professor at the University of Arizona.
A survey conducted as part of their research found that bankruptcy lawyers were much more likely to steer black debtors into a Chapter 13 than white filers even when they had identical financial situations. The lawyers, the survey found, were also more likely to view blacks as having “good values” when they expressed a preference for Chapter 13.
This is news to me! As a NY Bankruptcy Attorney this has not been my experience, but I did find the article interesting and look forward to reviewing the study. I can assure you that bankruptcy can be a very difficult area of law (even for attorneys). There are many factors that need to be considered when deciding which bankruptcy chapter is best for you. No one should be steered into any chapter of bankruptcy! Make sure your bankruptcy attorney is a member of NACBA (National Association of Consumer Bankruptcy Attorneys). Also consult with several attorneys if possible (most offer a free consultation). We have no problem providing a free consultation to answer your general questions. We also have answers to frequently asked bankruptcy questions right here on this site.
New York Bankruptcy Attorneys
As always, the Law Firm of VAUGHN, WEBER & PRAKOPE, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a FREE consultation with a bankruptcy attorney.
In a recent chapter 13 bankruptcy case, IN RE WRIGHT, Bankr. Court, ED New York 2011, a debtor was NOT allowed to “strip off” a second mortgage held by Chase. At trial several issues were raised regarding how the Debtor’s appraiser conducted his appraisal. The Court found that the Debtor failed to meet its burden of establishing that Chase’s lien was wholly unsecured.
A second mortgage can only be “stripped” and treated as unsecured if the chapter 13 debtor can prove that his/her home is not worth any more than their first mortgage.
As always, the bankruptcy Law Firm of VAUGHN & WEBER, PLLC is here to assist you. We are conveniently located in the heart of Nassau County, Long Island, at 393 Jericho Tpke., #208, in Mineola, NY. Contact us at (516) 858-2620 to arrange a consultation with a bankruptcy attorney.
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