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If you can't afford the house
DEED IN LIEU - hand the mortgage company back the deed to your house; walk away
without filing bankruptcy because they will not then sue you for the deficiency balance
SHORT SALE - someone buys your home directly from the mortgage company for the
purpose of renting or land contracting the home to you or someone else
REGULAR SALE - by real estate broker to a third party
WORKOUT PLANS - have your bankruptcy attorney negotiate a lower interest rate or
principal balance due; arrange to put the arrears at the end of the mortgage; arrange to pay
one-half of the arrears now and the remainder over the next several months to one year
If you can't afford your unsecured debt
OFFERS-IN-COMPROMISE - your attorney negotiates with the creditor to pay off
a percentage of what you owe; she will assist you in trying to locate a lump sum of money
ASK CREDITORS TO CHARGE OFF THE ACCOUNT - charging-off only works in
extreme cases wherein a client is not collectible and has minimal assets - but it can work.
The problem is trying to get more than a few creditors to agree.
If you can't afford your secured debt such as your motor vehicle
WORKOUT PLANS - have your bankruptcy attorney negotiate a temporary or permanent
lower interest rate or principal balance due; arrange to put the arrears at the end of the loan;
arrange to pay one-half of the arrears now and the remainder over the next several months to
one year
VOLUNTARILY SURRENDER - and then try offer-in-compromise or request for a
charge-off
IF YOU HAVE TO FILE FOR BANKRUPTCY
DAMAGE CONTROL - your bankruptcy attorney can minimize the damage on your
credit report and thus your future credit by the actions that you take regarding
lawsuits and repossessions
AVOIDING SITUATIONS WHEREIN THE CREDITORS APPEAR AT HEARINGS
OR INVESTIGATE - there are certain actions that will definitely cause you problems during
the bankruptcy process
INCLUDE ALL DEBTS - we insist that you obtain a credit report,
all judgments including divorce decrees, and any business transactions in
companies in which you have a proprietary interest
TIMING - is critical as to the discharge of debts, payments that you may have made to
creditors including relatives, transfers of assets such as cars, health insurance
coverage, and pending potential lawsuits
Copyright
2001,
Attorney Deborah L. Mack
All rights reserved.