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

 

 

 

Copyright2001, Attorney Deborah L. Mack All rights reserved.