Posts Tagged ‘Paying Secured Creditors’
If you are one of thousands of Wisconsin home owners worried about the value of your home there is good news and bad news: Values will continue to drop this year but forecasters predict values to begin to rise in 2013. Here’s an interesting article on the subject from Yahoo! Finance.
If you are living in Wisconsin and need help saving your home due to a foreclosure, call Miller and Miller today. With offices in Milwaukee, Germantown, and Kenosha our attorneys are close by for everyone in the Milwaukee metro area. And if you don’t live in Southeastern Wisconsin, call us anyway as we serve all of Wisconsin.
While foreclosures in the Milwaukee, Waukesha, Racine area are trending down, people in Wisconsin are still very interested in ways to help them manage their mortgages. One bright spot in these difficult economis times has been the low mortgage rates, check them out here.
If you need advice on how to save your home and you are living in Wisconsin, call Miller and Miller today. With offices in Milwaukee, Germantown, and Kenosha we have an office near you.
Here’s an interesting article from Yahoo! Finance on a timely topic in Wisconsin.
If you live in Wisconsin and need advice on how to handle a foreclosure, call Miller and Miller today. With offices in Milwaukee, Germantown, and Kenosha, our attorneys are close by whether you live in Waukesha, Racine, or another part of Wisconsin.
The Huffington Post chronicles this incredible story in which a debt collector allegedly called 911 on an 85 year old woman:
Read it here.
If you live in Southeastern Wisconsin and are being badgered by debt collectors call Miller and Miller today at 414-277-7742.
With offices in Milwaukee, Kenosha, and Germantown, we’re sure to be located close to you whether you live in Waukesha, Racine or somewhere in between.
There is no perfect time to file for bankruptcy. Ideally, you should wait to file at a point when you have not touched your credit cards for several months and your credit card charges over the past year have not taken a big jump. Further there is less chance that you will face any objection if you have made at least the minimum payment over the past 6 months or longer.
Section 523 of the Bankruptcy Code sets out a number of situations in which credit card debt will not be discharged. Section 523(a)(2)( c) makes non-dischargeable consumer debt totaling more than $500 for luxury goods and services owed to any one creditor that are incurred within 90 days of filing, or cash advances totaling $750 or more owed to any one creditor made within 70 days of filing.
Section 523(a)(2) makes non-dischargeable debt owed to a creditor that was incurred by false pretenses or by fraud.
So to sum it up, Section 523 gives credit cards at least two arguments to challenge a Debtor:
1. Recent credit card use (within 3 months) for anything but necessities like food, clothing and shelter
2. Any credit card use in the recent past (up to a year prior to filing) if a Debtor makes charges where there is no reasonable expectation of repayment.
Here’s another way to think about it: If you have lost your job, and for the last year your only source of support are credit cards and cash advances, you should not expect to avoid a challenge by the credit card issuer just because you wait 91 days after your last use of your cards.
What, then, should you do if you need to buy food or gasoline in the weeks before you actually file?
You should recognize that shortly after you file, there is a very good chance that your credit cards will all be canceled and you are going to have to find another way to pay for your food and gasoline. A bankruptcy may eliminate old debt but it will not help you pay your current or on-going bills.
As a practical matter you are not going to want to spend the money litigating Section 523 dischargeability actions. Bankruptcy litigation is expensive and if you are scraping to buy food and gasoline, you will not be able to afford litigation. The fee you pay your bankruptcy lawyer will almost never include litigation.
If you are in Southeastern Wisconsin and are having trouble with your credit card debt, contact Miller and Miller today. We have offices in Milwaukee, Germantown, and Kenosha, making sure that whether you live in Racine or Waukesha, you have a office close to home.