Bankruptcy

April 25, 2009

Tracking My Credit Score After Bankruptcy

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

Have you been wondering what happens to your credit score after bankruptcy?

Well, for some time before our bankruptcy, our scores (mine and my wife’s) were in the mid-600s. We both continued to get credit card offers until we were late with payments.

Since I filed for Chapter 7 in August 2008, it tanked. I am not sure how much exactly, but here is the current score (drum roll please …):

570 – I at at the 9th percentile of credit scores. Whoo-hoo! I am better than 9% of U.S. consumers, and I just got my chapter 7 discharge!

FICO Score in March 2009FICO Score in March 2009

Here is what MyFICO.com says about my score:

Your score of 570 is well below the average score of U.S. consumers. Most lenders consider this score an indication that you are a risky borrower. Based on your score alone, you might expect the following:

  • While the types of credit available to you may be somewhat limited, some lenders may approve your loan application, but possibly with higher interest rates and/or with more restrictive terms.
  • Lenders may require additional information to help them evaluate your application for credit – factors such as your income or time at job may be reviewed.
  • You may be requested to provide an upfront down payment or security on the loan before approval

On the poor to excellent continuum, I am just a shade better than very poor. As expected, the credit score after bankruptcy dropped. But since I now have no debts except those that I reaffirmed (first and second mortgages, two very small loans on our cars), I expect it to improve over the next few months.

Note that I do not plan to get any loans or need credit right now, so this is OK. I still have a second mortgage with a line of credit. I could borrow from that in emergency. But I will try not to.

I will be trying to improve my credit score by getting a secured credit card, and making sure I have no negative marks on my credit report (excepting the Bankruptcy).

I recommend using the free trial from MyFICO to get your credit score after bankruptcy, or preferably before you file. I DO NOT RECOMMEND the creditreport.com or freecreditreport.com websites. That is the subject of another post! Scam alert – you have been warned.

30-Day Free Trial Get Your FICO Score with Score Power

You visited a few times and I would appreciate your thoughts on this post, why not comment?

Technorati Tags: , , ,

Filed under Credit After Bankruptcy, My Bankruptcy Journal by %s Comments.

March 16, 2009

Filing Personal Bankruptcy – Can I? Should I?

The decision to file bankruptcy is difficult at best.

Bankruptcy Filings...

Image by MyEyeSees via Flickr

Bankruptcy may not be the right solution for you, but you at least owe it to yourself and your family to find out about all of your options so that you can make an informed decision.

Many people are hesitant to even think of filing bankruptcy because they are good, moral, upstanding, hard-working people. They have always paid their bills. And they aren’t the type to look for an easy way out.

So they struggle month in and month out to pay their bills. And all the while their creditors are turning up the heat. Before too long, with all of the late fees, penalties and interest, they realize that they are barely keeping their head above water. And without a miracle or a winning lottery ticket, they know in their hearts that there is simply no way they are ever going to be able to get caught up. More on Filing Personal Bankruptcy – Can I? Should I?

You visited a few times and I would appreciate your thoughts on this post, why not comment?

Technorati Tags: , , , , , , , , ,

Filed under All About Bankruptcy by Comment.

March 13, 2009

Online Means Test Calculator

Nolo.com has an excellent web resource to calculate your eligibility for filing a Chapter 7 bankruptcy.

What is the means test?

You may have read that the new bankruptcy law imposes a “means test” on who can file for Chapter 7 bankruptcy.

You might think this new test will prevent you from filing. But, chances are, you’re wrong. Most people considering bankruptcy have no trouble passing the means test. Indeed, some lawyers think more people will qualify for Chapter 7 under this test than under the old law, where judges had no fixed formula.

Use this calculator find out where you stand.

The Formula

The law now uses a standard mathematical formula to determine whether you can file for Chapter 7 — or, to put it in legal terms, whether filing for Chapter 7 would be an ‘abuse’ of the bankruptcy system. (Those who fail the means test, are left with a Chapter 13 repayment plan as their only bankruptcy option.)

The means test is actually a two-part test and you only need to pass one of them to qualify for Chapter 7.

Test 1. “Median Income”
This is a very simple test that compares your average household income for the past six calendar months to the median income for your state, If your income is below the median, you qualify for Chapter 7. If it is above the median, you must pass Test 2.

Test 2. “Disposable Income”
This test deducts expenses from your income to determine how much you can pay your unsecured creditors over the next five years:

  • If you can pay at least $10,950 ($182.50 per month), you can’t file for Chapter 7.
  • If you can pay at least $6,575 ( about $110 per month) and that is at least 25% of what you currently owe your unsecured creditors, you can’t file for Chapter 7.
  • If your disposable income is less than $110 per month, you can file for Chapter 7.

Certain deductions are standard allowances based on the number of vehicles you operate, the number of people in your household, and the cost of living in your county.

In addition, to these standard deductions, you can also deduct the full amount of certain actual expenses such as mortgage and vehicle loan payments.

Do I need to complete the means test?

If you are filing for Chapter 13 bankruptcy, you do not need to complete the means test. However, you do need to complete a form almost identical to it — and that will determine how much you must pay in a Chapter 13 plan.

If you want to file for Chapter 7 bankruptcy, you must at least complete the first part of the form to figure your “current monthly income” (CMI), which is based on your average income over the past six calendar months. That number will determine whether you must complete the rest of the form.

If your CMI is below the median income for your state for a household your size, then you do not need to complete the means test.

If your CMI is higher than the median for your state for a household your size, you must complete the means test to compute your monthly “disposable” income (that is, income minus expenses). The result of that computation will determine whether you are eligible for Chapter 7 bankruptcy.

How long does this take?

Using this calculator takes about 20 minutes. For some, the answer may be obvious after only a few questions.

Is it private?

This calculator is completely anonymous. We do not ask — and no not want — any personally identifying information linking you to these numbers, other than a zip code. We do keep statistical data on amounts that user have entered, so that the site may monitor the needs of its users and adjust services accordingly. However, To us, this is data for statistical analysis only.

Garbage in, garbage out

If you don’t put in the correct numbers in the correct blanks, this calculator won’t give you an accurate result. It only does the math. It is your responsibility to put the right numbers in the right blanks. Helpful resources are available throughout the test to help you figure out what the form is asking for and what to put where.

Be sure to account for all the different kinds of income you receive. If you’re not sure what to put in an ‘expense’ blank, skip it. You may find that it doesn’t’ matter — that is, you may qualify regardless of what number you put in that blank.

If you need assistance, this website has listing of books and local lawyers that offer bankruptcy help.

Where to find the Official Means Test form

If you end up actually filing for Chapter 7 bankruptcy you need to fill out official form (22A). which you can find here. This calculator is based on that form.

Browse by City or State

Alabama Bankruptcy Means Test Calculator

Anniston | Birmingham | Dothan | Mobile | Montgomery | Opelika | Tuscaloosa |

Alaska Bankruptcy Means Test Calculator

Anchorage | Fairbanks | Juneau | Ketchikan | Nome |

Arizona Bankruptcy Means Test Calculator

Phoenix | Prescott Valley | Tucson | Yuma |

Arkansas Bankruptcy Means Test Calculator

Batesville | El Dorado | Fayetteville | Fort Smith | Harrison | Helena | Hot Springs | Jonesboro | Little Rock | Pine Bluff | Texarkana |

California Bankruptcy Means Test Calculator

Eureka | Fresno | Los Angeles | Modesto | Oakland | Riverside | Sacramento | Salinas | San Diego | San Francisco | San Jose | Santa Ana | Santa Barbara | Santa Rosa | Woodland Hills |

Colorado Bankruptcy Means Test Calculator

Denver | Grand Junction | Pueblo |

Connecticut Bankruptcy Means Test Calculator

Bridgeport | Hartford | New Haven |

Delaware Bankruptcy Means Test Calculator

Wilmington |

District of Columbia Bankruptcy Means Test Calculator

Washington |

Florida Bankruptcy Means Test Calculator

Fort Lauderdale | Fort Myers | Gainesville | Jacksonville | Miami | Orlando | Panama City | Pensacola | Tallahassee | Tampa | Viera | West Palm Beach |

Georgia Bankruptcy Means Test Calculator

Atlanta | Augusta | Brunswick | Columbus | Dublin | Gainesville | Macon | Newnan | Rome | Savannah | Statesboro | Waycross |

Hawaii Bankruptcy Means Test Calculator

Honolulu |

Idaho Bankruptcy Means Test Calculator

Boise | Coeur d Alene | Moscow | Pocatello |

Illinois Bankruptcy Means Test Calculator

Benton | Chicago | Danville | East Saint Louis | Peoria | Rockford | Springfield |

Indiana Bankruptcy Means Test Calculator

Evansville | Fort Wayne | Hammond | Indianapolis | Lafayette | New Albany | South Bend | Terre Haute |

Iowa Bankruptcy Means Test Calculator

Cedar Rapids | Des Moines | Dubuque | Fort Dodge | Independence | Mason City | Sioux City |

Kansas Bankruptcy Means Test Calculator

Kansas City | Topeka | Wichita |

Kentucky Bankruptcy Means Test Calculator

Ashland | Bowling Green | Covington | Frankfort | Lexington | London | Louisville | Owensboro | Paducah | Pikeville |

Louisiana Bankruptcy Means Test Calculator

Alexandria | Baton Rouge | Lafayette | New Orleans | Shreveport |

Maine Bankruptcy Means Test Calculator

Bangor | Portland |

Maryland Bankruptcy Means Test Calculator

Baltimore | Greenbelt | Salisbury |

Massachusetts Bankruptcy Means Test Calculator

Boston | Hyannis | Springfield | Worcester |

Michigan Bankruptcy Means Test Calculator

Bay City | Detroit | Flint | Grand Rapids | Kalamazoo | Lansing | Marquette | Traverse City |

Minnesota Bankruptcy Means Test Calculator

Duluth | Fergus Falls | Minneapolis | Saint Paul |

Mississippi Bankruptcy Means Test Calculator

Aberdeen | Greenville | Gulfport | Hattiesburg | Jackson | Oxford |

Missouri Bankruptcy Means Test Calculator

Cape Girardeau | Hannibal | Kansas City | Saint Louis |

Montana Bankruptcy Means Test Calculator

Billings | Butte | Great Falls | Kalispell | Missoula |

Nebraska Bankruptcy Means Test Calculator

Lincoln | Omaha |

Nevada Bankruptcy Means Test Calculator

Las Vegas | Reno |

New Hampshire Bankruptcy Means Test Calculator

Manchester |

New Jersey Bankruptcy Means Test Calculator

Camden | Newark | Trenton |

New Mexico Bankruptcy Means Test Calculator

Albuquerque | Las Cruces | Roswell |

New York Bankruptcy Means Test Calculator

Albany | Brooklyn | Buffalo | Islip | New York | Poughkeepsie | Rochester | Syracuse | Utica | White Plains |

North Carolina Bankruptcy Means Test Calculator

Asheville | Charlotte | Greensboro | Raleigh | Wilson | Winston Salem |

North Dakota Bankruptcy Means Test Calculator

Bismarck | Fargo | Grand Forks | Minot |

Ohio Bankruptcy Means Test Calculator

Akron | Canton | Cincinnati | Cleveland | Columbus | Dayton | Toledo | Youngstown |

Oklahoma Bankruptcy Means Test Calculator

Oklahoma City | Okmulgee | Tulsa |

Oregon Bankruptcy Means Test Calculator

Eugene | Portland |

Pennsylvania Bankruptcy Means Test Calculator

Erie | Harrisburg | Johnstown | Philadelphia | Pittsburgh | Reading | Wilkes Barre |

Rhode Island Bankruptcy Means Test Calculator

Providence |

South Carolina Bankruptcy Means Test Calculator

Charleston | Columbia | Spartanburg |

South Dakota Bankruptcy Means Test Calculator

Aberdeen | Pierre | Rapid City | Sioux Falls |

Tennessee Bankruptcy Means Test Calculator

Chattanooga | Greeneville | Jackson | Knoxville | Memphis | Nashville | Winchester |

Texas Bankruptcy Means Test Calculator

Albilene | Amarillo | Austin | Beaumont | Corpus Christi | Dallas | El Paso | Fort Worth | Galveston | Houston | Laredo | Lubbock | Midland | Plano | San Angelo | San Antonio | Tyler | Waco | Wichita Falls |

Utah Bankruptcy Means Test Calculator

Ogden | Saint George | Salt Lake City |

Vermont Bankruptcy Means Test Calculator

Rutland |

Virginia Bankruptcy Means Test Calculator

Alexandria | Newport News | Norfolk | Richmond | Roanoke |

Washington Bankruptcy Means Test Calculator

Seattle | Spokane | Tacoma | Yakima |

West Virginia Bankruptcy Means Test Calculator

Beckley | Bluefield | Charleston | Clarksburg | Huntington | Parkersburg | Wheeling |

Wisconsin Bankruptcy Means Test Calculator

Eau Claire | Madison | Milwaukee |

Wyoming Bankruptcy Means Test Calculator

Casper | Cheyenne |

You visited a few times and I would appreciate your thoughts on this post, why not comment?

Technorati Tags: , , ,

Filed under All About Bankruptcy by Comment.

January 30, 2009

Chapter 7 Discharge is Granted!

Just received a letter, dated from last week, very brief. It just says:

It appearing that the debtor is entitled to a discharge.
IT IS ORDERED:
The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code).

But – we are not done yet. There may be months before this case is done. The Trustee needs to grab my 2008 Income Tax refund, and distribute whatever other assets of ours he has now to the creditors. My attorney says this could take six to nine months.

Also, this means that debtors cannot hassle us (they haven’t since filing anyway), and we don’t have to re-file under Chapter 13. I am still paying our first and second mortgages, and payments to our parents on car loans. We will be “reaffirming” those debts, so those debtors still keep getting payments, since these are secured debts.

You visited a few times and I would appreciate your thoughts on this post, why not comment?

Technorati Tags: , ,

Filed under My Bankruptcy Journal by Comment.

November 17, 2008

What is Bankruptcy (Part 1)?

Bankruptcy is a legal term for declaring your inability or impairment to pay your creditors. It is apparently an ancient condition, and depending on the culture of each place and time, bankruptcy could place you into slavery to your creditor or allow you to be forgiven of your debts so that you could move on with your life. But even then, you would have to sell off your assets to pay the creditors. And Genghis Khan decreed that three bankruptcies and you’re out (as in death sentence).

Modern times has softened the blow that financial misfortune brings to so many. Our bankruptcy laws are more forgiving now (to the debtors), and creditors have to factor in the risk that they could lose all or most of their investment should their debtors go bankrupt.

I will be writing almost exclusively about United States bankruptcy. That is where I live and is probably where the majority of bankruptcies in the world occur. We are a risk-taking lot, and we save little and spend much. Our advertisers tell us to spend our way to prosperity, and the government tacitly agrees. We get credit card offers continually in the mail, and via advertising elsewhere too. School children are on the marketing lists as potential credit card owners. It will “teach them how to manage their money responsibly”.

So it is no wonder that over one million personal bankruptcy filings will occur in 2008. I suspect, given the current pessimistic outlook on the economy, that 2009 will be a banner year for bankruptcies.

Generally, people feel very negatively about bankruptcy. It means financial failure, and we hate failure. Also, we feel obligated to repay a debt that we initiated ourselves. So bankruptcy means a moral failure to most people too.

But the financial industry expects a certain number of failures. The have the “Law of Large Numbers” on their side. They can use sophisticated computer models to market their credit cards and loans to specific people, as specific times, with specific rates and terms. They know that in the long run, just like a gambling casino knows that the odds are in their favor, they should come out ahead. That is why you have a credit score kept up to date continually using the information stored in the “big three” credit bureaus: Experian, TransUnion, and Equifax. It is your risk factor. A high number, and you get good deals on credit – low numbers mean you might default. (You can get a free credit report once a year, from each bureau, at Annualcreditreport.com, so actually three free reports a year.)

Corporations get graded too, that is how they get their credit through bond offering. If they have a low rating, they sell “junk bonds”. If they had a good rating, but bad times befall them, and their rating drops, they might get caught in a “death spiral”, where the debts in question are called in as due in full. Then to make payment, they get stuck with laying people off, selling valuable assets, and generally ruining the viability of the corporation. Then they declare bankruptcy. For businesses, bankruptcy might allow restructuring their debts so they can survive as a business, and even thrive again as their market turns around.

If this scenario sounds similar to your personal situation,  then “surprise”, you now have “junk bond” status, your assets might need to be sold off to pay your creditors, and you might go down in a “death spiral”. Unless you declare bankruptcy and try to turn your financial situation around.

So do not feel alone. This has happened to others, they recovered, they thrived (eventually, or maybe almost immediately).

Here is a list of over 700 public corporations that have filed bankruptcy in last 20 years.

Here are some notable people who claimed personal bankruptcy:

  • Abraham Lincoln (twice)
  • Samuel L. Clemens (”Mark Twain”)
  • Francis Ford Coppola
  • John DeLorean

You visited a few times and I would appreciate your thoughts on this post, why not comment?

Technorati Tags:

Filed under All About Bankruptcy by Comment.