It may not be. The best option if you are considering this legal process is to have a complete analysis of your current financial circumstances – and then take the action best for you. We will spend the time necessary to evaluate your situation and to make our professional recommendations.
Payment plans are required in bankruptcy if your income is too high, or you seek to keep too much equity in assets. Generally, the more members of your household, the easier it is to qualify for a chapter 7 (no payment plan) bankruptcy.
Normally a Chapter 13 payment plan runs for 5 years. This can change depending on various factors.
Yes. The federal Fair Credit Reporting Act requires credit bureaus to investigate alleged errors. If the information is indeed wrong, the credit bureau must correct it. If there is incorrect information on your credit report, it can hurt your ability to borrow money, purchase a car, or finance a mortgage. Our law office can guide you in the correction process, and has materials available in a “do it yourself” kit. This substantially lowers the cost for you in getting corrections done. Our staff have the experience to help you with this issue.
Debt settlement is becoming more and more popular as an alternative to bankruptcy. It is simply the process of negotiating to pay off debt, normally for a lesser amount than was previously owed, and paying the negotiated balance within sixty to ninety days. Debt Settlement has certain problems attached to it which must be known: credit report damage, tax liability, and potential for lawsuits. For many reasons, it is best to use an attorney who is local to your area when attempting to settle your debts. If you need more information on debt settlement, contact the Law Offices of Mike Norris. We will be happy to help you with full details on this process.
A small business or individual with $30,000 or more of unsecured debt, who has a 401k plan, an inheritance, or a lump sum distribution. Usually, approximately 60% of the debt amount must be set aside in escrow, to settle debt when agreement is reached with the creditor.
Most of the time creditors will not negotiate with individuals, or debt settlement companies. They will ask an attorney for a “power of attorney.” An attorney locks in the terms, so that the creditor cannot change them, and try to collect more interest or fees later. An attorney can also protect you in the event of a lawsuit occurring while negotiations are ongoing.
Usually the communication with the creditor begins early enough that a lawsuit is avoided.
Most of the time a creditor will not begin negotiating until debt is 6 months past due. In most cases debt settlement is usually completed as soon as terms are reasonable.
There could be tax due on money saved. Your accountant can see if you are exempt from taxes under IRS Insolvency Rules, Publication 4681.
There is a risk of a lawsuit occurring before the debt is settled, which is usually avoided by using a local attorney. One’s credit score could decline as negotiations are taking place, as penalty interest and fees are assessed.
For more information or to set up a consultation, contact the Law Offices of Mike Norris at (317) 266-8888 or email Mike at mike@mikenorrislaw.com.
Mike Norris has been practicing law for 36 years, and has a wide variety of experience in legal and financial matters. We at Mike Norris and Associates care about solving your financial and legal difficulties, and we know how to help. Continue to browse our website for timely information: real information for real people with real problems. And remember: you’re one phone call away from finding help. Isn’t it time for a good night’s sleep?