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Promissory Notes and Medicaid Planning

Medicaid planning is often a complex process aimed at preserving a person’s assets while qualifying for Medicaid benefits. Finding a way to pay for long-term care costs without depleting all your hard-earned assets is a key part of Medicaid planning.

One strategy for protecting assets and qualifying for Medicaid that has gained attention in recent years is the use of promissory notes. This article will provide an explanation of promissory notes in the context of Medicaid planning, including their purpose, legality, implications, and considerations. Note that not all states allow promissory notes. Consult with an experienced elder law attorney before using one.

What Are Promissory Notes?

A promissory note is a legally binding document that outlines the terms of a loan agreement between two parties: the lender (creditor) and the borrower (debtor). It includes details such as the loan amount, interest rate, repayment schedule, and any other relevant terms and conditions. Promissory notes are commonly used in various financial transactions, including loans between individuals, businesses, and financial institutions.

Promissory Notes in Medicaid Planning

Medicaid is a public assistance program that assists individuals with limited income and resources in obtaining health insurance. It also serves as the primary way for millions of seniors in the United States to pay for long-term care services.

To qualify for Medicaid in most states, you must have no more than $2,000 in so-called “countable” assets to your name. Typically, five years before you apply, you may “spend down” your excess assets to bring them under this $2,000 threshold. Transferring assets within this five-year window of applying for Medicaid can otherwise result in a penalty period during which you may not be able to receive benefits.

Of course, not everyone plans this far ahead, as many people do not expect they will need long-term care. A Medicaid applicant may use a promissory note to transfer assets to other individuals, such as their children, while still complying with Medicaid eligibility requirements. By transferring assets through a promissory note, they can effectively reduce their countable assets, thereby helping them meet Medicaid's asset limit criteria.

How Do Promissory Notes Work in Medicaid Planning?

A person seeking Medicaid benefits might opt to transfer some of their assets to a family member, typically a child, in exchange for a promissory note. Assets can also be transferred to a trust. The beneficiaries of a person’s trust are often their children.

When the assets are transferred, a legally binding promissory note is created. The promissory note lays out the terms of the loan, including the principal amount, interest rate, repayment schedule, and other relevant information.

The borrower agrees to repay the loan according to the terms outlined in the promissory note, usually through regular installment payments over a specified period.

By transferring assets by way of a loan and creating a promissory note for the loan, the person seeking Medicaid benefits effectively reduces their countable assets, potentially qualifying them for Medicaid coverage.

Legal Considerations

Though promissory notes can be a valuable tool in Medicaid planning, it's important to ensure compliance with state and federal laws and regulations. As mentioned, Medicaid has strict rules regarding asset transfers and eligibility. Improper use of promissory notes could result in penalties or loss of benefits.

Key legal considerations include the following:

• Fair Market Value: The terms of the promissory note, including the loan amount and interest rate, should reflect fair market value to avoid scrutiny from Medicaid authorities.
• Payments: Payments on the loan must be made in equal amounts during the term of the loan with no deferral of payments and no balloon payments. (A balloon payment is a large payment made at the end of a loan’s term, after making much smaller payments along the way.)
• Term of the Loan: The term (length of time) of the loan must not last longer than the anticipated life of the lender.
• Debt Cancellation: The debt cannot be cancelled upon the lender’s death.
• Arm’s Length Transaction: The transaction should be conducted as an “arm’s length” transaction, meaning it should be carried out as if the parties were unrelated and dealing with each other at arm’s length.
• Look-Back Period: As stated above, Medicaid has a look-back period during which asset transfers are subject to scrutiny. In most states, the look-back period is five years. Any transfers made within this period may affect Medicaid eligibility, so it’s essential to plan accordingly.
• State-Specific Regulations: Medicaid rules vary from state to state, so it's crucial to consult with an experienced attorney familiar with Medicaid regulations in your state to ensure compliance.

Benefits of Using Promissory Notes in Medicaid Planning

Promissory notes offer several potential benefits in Medicaid planning, including the following:

• Asset Preservation: By transferring assets through a promissory note, individuals can preserve their wealth while still qualifying for Medicaid benefits to cover long-term care expenses.
• Control: The lender retains control over the repayment schedule and can customize the terms of the promissory note to suit their needs.
• Family Involvement: Promissory notes provide an opportunity for family members to participate in Medicaid planning and contribute to the financial well-being of their loved ones.

Risks of Using Promissory Notes in Medicaid Planning

When considering the benefits of using promissory notes in Medicaid planning you should also consider the risks, which could include the following:

• Regulatory Scrutiny: Improperly structured promissory notes may attract scrutiny from Medicaid authorities, potentially resulting in penalties or disqualification from benefits.
• Complexity: Medicaid planning involving promissory notes can be complex and requires careful consideration of legal and financial implications.
• Tax Implications: Transferring assets through promissory notes may have tax implications for the lender and the borrower, so it’s essential to seek professional tax advice.

Will a Promissory Note Work for Your Medicaid Planning?

Promissory notes can be a valuable tool in your Medicaid planning process. They could allow you to transfer assets while maintaining Medicaid eligibility. However, it’s crucial to navigate this strategy carefully, ensuring compliance with applicable laws and regulations.

Contact your elder law attorney today to talk further about gaining acceptance into the Medicaid program. They can help you determine whether including a promissory note in your planning will work for your situation. Elder law attorneys also can walk you through other benefits that may be available to you and help you understand how you can qualify for coverage.

Is Bankruptcy Considered Financial Hardship?

There is no doubt that bankruptcy can be difficult for people. No one wants to declare being bankrupt unless and until they have no way out of the debts. So, if you are asking whether or not bankruptcy is considered as a financial hardship, then the answer is - definitely, YES! A bankruptcy can cause a very lasting impact on the creditworthiness and life as well, to ensure that you are rectifying the situation and getting back to normal, you have to restructure your debts and cut back on the costs. To do that you will need the best bankruptcy attorneys by your side.

We, at Fong Law Group, can ensure that you are getting the best legal help to go through the bankruptcy procedure and all the legal proceedings and meetings efficiently. We offer the best legal services related to bankruptcy in Monterey Park, California and in the surrounding areas.

What is financial hardship?

Financial hardship means when you find it difficult to repay your debts and loans. When you are in extreme financial hardship that you couldn't pay off your bills and debts or the loans, you apply for bankruptcy. Financial hardships can be considered when you are:

• Unable to pay of your bills
• Unable to repay the debts that you have
• Unable to pay off your loans to the creditors

Hence, a bankruptcy is considered a financial hardship. Declaring bankruptcy is considered as the last resort to get out of the financial hardships that you are facing. Many are relieved when they finally take the leap, and decide to file bankruptcy. It means the creditors stop calling, you can finally answer your phone again. It means a new start, and less stress worrying how you will be able to pay all your bills. But the main question is when can you file the bankruptcy?

 

When to declare bankruptcy?

Now that you know what financial hardship is, it is time for you to know when you can declare bankruptcy to start afresh. There are times when you can hit the rock bottom. Your liabilities i.e. the debts and loans can exceed your assets or income. This can be the worst thing and you need to get out of this situation immediately. The best way to get out of this situation is by filing bankruptcy.There can be different reasons to file bankruptcy. If your creditors are filing lawsuit against you or you are not able to pay off the debts properly, consulting with a bankruptcy lawyer is the best way to get out of this. Understanding bankruptcy and when to file it or how to file it can be quite difficult at times.

Moreover bankruptcy and financial hardship has a direct connection that an experienced lawyer can help you to know in a better way. So, look for the best lawyers or attorney in your area. Fong Law Group is here to help you in such situations when you are confused about bankruptcy. What to do? When to file bankruptcy? How to file bankruptcy? You can get all the answers straight away from the best lawyers of Monterey Park California

Call Fong Law Group at (626) 289-8299 for a FREE consultation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Is Debt Relief Better Than Bankruptcy?

One of the most common dilemmas that people often face is - debt relief vs. bankruptcy. Which one is better to choose? Both of these methods help you to come out of your outstanding debts that you are unable to pay off. When it comes to choosing one of these two methods, you need to consider a lot of different aspects related to your financial situations, debts remaining and more. A professional law firm or an experienced attorney can help you to choose the right method.

We, at Fong Law Group, can help you with your concerns related to debt relief and bankruptcy. We are located in Monterey Park, California and its surrounding areas. To learn more about bankruptcy vs. debt relief and how we can we help you, read on.

Debt Relief vs. Bankruptcy

Debt relief or debt settlement is about negotiation of the debt. In this case, you have to go through a debt management program where you will have a representative. You as well as your representative will attempt to make your creditors accept a certain portion of the total outstanding debt as the full payment. This is a kind of settlement which is done when you are unable to pay off your debts due to financial crisis.

On the other hand, there are mainly two different types of bankruptcies - a Chapter 7 bankruptcy and a Chapter 13 bankruptcy. The Chapter 7 bankruptcy is also called straight bankruptcy where you have to file for a complete bankruptcy petition showing your loan documents, bank statements and credit card statements. The Chapter 13 bankruptcy is more like a wage earner's plan to manage your debt. In this case, you have to pay a certain amount of money to the trustee on monthly basis which will be distributed to the creditors based on priorities.

 

Which one is better?

When it comes to bankruptcy vs. debt relief, both have the same goal, to relief the person from their mounding debt. When you are facing financial crisis and unable to pay off your debts, choosing the right one is important according to your needs. Both of them have certain advantages as well as disadvantages.

Pros of debt settlement

• You get to settle the debt with a certain amount of money as full payment
• There will be no add-on fee after the debt is settled
• State will regulate the entire process of debt settlement
• You can avoid public records of being into bankruptcy

Pros of filing bankruptcy

• You will get a clean pass to make a fresh start with a Chapter 7 bankruptcy
• You will have to pay a small amount of money per month to the creditors with Chapter 13 bankruptcy, but is ideal if you own and want to keep your house, or are still paying on a vehicle
• This can prevent your utilities from getting shut off due to nonpayment
• Chapter 13 Bankruptcy helps you in renegotiating your secured debts like car loans, house loans, etc.

Want to get the best advice about which one to choose between debt relief and bankruptcy? You need the best law firm in Monterey Park California, Fong Law Group.

Call Fong Law Group at (626) 289-8299 for a FREE consultation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

What Type Of Debt Cannot Be Discharged Through Bankruptcy?

Bankruptcy is one of the ways to declare your financial hardships. This can help people to get an opportunity to start afresh from scratch as most debts are often discharged when you file bankruptcy. There are two different types of bankruptcy - Chapter 7 bankruptcy and Chapter 13 bankruptcy. While in both the cases, the court can discharge some of the debts, there are certain debts that cannot be discharged. Discharging your debts means you may not have to repay those debts off and the collectors cannot attempt to collect those debts from you.

With a proper bankruptcy case and an efficient lawyer, you can fight for discharging most of your debts. For that, our Fong Law Group attorneys can help you in the best possible way. If you are located in Monterey Park, California or in surrounding areas, then we can be really helpful to you.

Debts that cannot be discharged

While there are two types of bankruptcy that you can file to get rid of the debts and loans, there are certain debts that cannot be discharged. Regardless of whether you have filed for a Chapter 7 bankruptcy or a Chapter 13 bankruptcy, there are certain debts that you cannot put behind for moving on in your life, however these debts can be restructured. Some of the types of debt in bankruptcy that are not eligible for discharge are:

• The payment for supporting your child or payment of alimony
• The debts for any personal injury or death caused by the mistake of the debtor
• The payments or debts for intentionally causing harm or injuries to a property or a person
• Some of the types of taxes (unpaid)
• Any penalties or fines that you own to any of the government agencies
• Loans you have taken for studies (student loans)
• Debts for any cooperative or condo housing fees
• Unpaid fees of the attorneys for the support and custody of your child
• A house loan or car loan

 

Can the court revoke the discharges?

When it comes to taxes, the court can discharge some of the unpaid federal and state taxes if they are more than seven years old. At the same time, some of the discharges can also be revoked by the court under some circumstances. If a trustee or a creditor takes the matter to the court with some evidences or proofs to show why the discharge should be revoked, the court can take action and determine whether that should be done. For this, you need to have the best in class bankruptcy attorney or lawyer who can help you in building a stronger case with all the important documents provided to the court.

In such cases, it will not be easy to revoke any discharges. But you will have to take care of all the debts that are not included in the discharged list by the court through your bankruptcy filing. To ensure that you are getting the best support and guidance, you have to choose the best law firm; Fong Law Group in Monterey Park, California is here to help you.

Call Fong Law Group at (626) 289-8299 for a FREE consultation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Can I File for Bankruptcy If I Make a Lot of Money?

One of the most prevalent bankruptcy myths is that high-income borrowers make too much money to file. However, depending on the financial condition, you may be eligible for Chapter 7 and Chapter 13 regardless of the income. Let's take a look at how high-income people are treated when they file for bankruptcy.

Chapter 7 Bankruptcy and Earnings

Most people prefer to file this form of bankruptcy since it eliminates most existing debts, like credit card debts, and medical bills, without needing the debtor to make monthly payments to creditors for 3 to 5 years.

However, not everyone fulfills the Chapter 7 discharge needs. The two-step means test should be passed.

Household Earnings

The first section asks if the family's earnings are less than the nation's median income. If it is, you will be eligible and will not be required to finish the second part.

If you have a high income and support a large number of people, you can skip the first part.

Chapter 7 Bankruptcy Eligibility

Some borrowers prefer Chapter 7 bankruptcy since it is quick. Even though it technically needs the liquidation of investments, most people keep the homes, cars, and retirement accounts since there are many exemptions.

Is There a Restriction on How Much Money You Can Make if You File Chapter 7?

Yes. Top earners, on the other hand, may find it difficult to meet the needs for Chapter 7 bankruptcy.

People with a high income are finding it harder to meet the criteria for Chapter 7. This federal law aims to force those with sufficient financial resources to repay a greater portion of their loans through a Chapter 13 payment schedule.

The defense attorney will use the means test to determine which sort of bankruptcy you are eligible for. You can contact Fong Law Firm if you live near Monterey Park California and surrounding areas.

Chapter 13 Bankruptcy and Income

Many users save more cash in Chapter 13 or at least minimize their monthly payments. A trustee will prioritize your debts in this type of bankruptcy, and a monthly mortgage plan will be formed. Following the calculation of the income and expenditure, the program needs to make your "perfect effort" to pay back the debt.

What Role Does Your Income Play in Chapter 13 Bankruptcy?

Bankruptcy laws do not prevent someone with a high income from filing for Chapter 13 bankruptcy protection. However, the length of the repayment schedule established by the person will be influenced by the income. Those getting paid more than the present state median, according to the court, can pay back a large portion of the debt owed.

The leftover non-priority existing debt will be dismissed once the Chapter 13 installment plan is completed. You will then be free of that debt.

Can I Make a Lot of Money and Bankruptcy?

Top earners who file for Chapter 7 bankruptcy must demonstrate that they are acting in good faith. To their debt holders, their expenses should be fair and accurate. In general, you won't be able to pay for luxury products if you haven't paid the unsecured creditors.

Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Which Business Debts Are Discharged in Chapter 7 Bankruptcy?

People who have debts can declare bankruptcy and get a new beginning through liquidation or reorganization. Specific debts can be discharged by the bankruptcy proceedings in both cases. The debt collector can no longer speak up against the borrower, like trying to collect payment or seizing any collateral, once the loan has been expelled. However, not all loans can be discharged, and some are exceptionally hard to discharge.

Is It Possible for a c to Be Denied by the Courts?

It's possible. The majority of personal debtors are discharged under Chapter 7. The entire bankruptcy situation may be rejected if the court determines that individual hidden money or even other resources, fraudulently acquired assets that must have been used to repay loans, or otherwise violated the rules.

Business Debt and Bankruptcy

You can release the following types of debts in bankruptcy Chapter 7:

• bills from credit cards
• a few court rulings
• medical expenses
• a sole proprietor's unprotected debts
• obligations arising from sole proprietorship leases and agreements

Debts that are secured are handled differently. If you don't pay your bill, the creditor can seize the collateral used to secure the loan, even though you declare bankruptcy.

Personal Bankruptcy and Business

In Chapter 7 bankruptcy, some forms of debt are not dischargeable.

Non-dischargeable debts include:

• back child benefit and alimony
• court-ordered fines, punishments, and restitution
• assumptive fraud
• student loans only if paying back them is a severe hardship
• debt incurred as a result of potential fraud

A bankruptcy Chapter 7 may stay on the credit reports for ten years, while a Chapter 13 bankruptcy will stay on the credit file for seven years. This can make borrowing money at some point, like for a home loan or car loan, or obtaining a credit card, more costly or even impossible. It will have an influence on insurance rates. You can contact Fong Law Firm if you residing near Monterey Park California and surrounding areas.

So, before filing bankruptcy, you should look into other alternatives for debt relief. Debt relief usually entails negotiating with the lenders to make the debts more tolerable, like lowering interest rates, canceling a part of the debt, or extending the repayment period.

The Impact of Bankruptcy on Investors

No one expects a company to go bankrupt when they invest in it, whether through equities or debt equipment. Once you venture beyond the risk-free domain of government-issued equities, you understand this additional risk.

When a company files for bankruptcy, its equities typically continue to trade, albeit at very low prices.

Shareholders are even further down the ladder during Chapter 7. Usually, a business's stock becomes valueless during the Chapter 7 trial, and shareholders lose all their money. You may even get a fraction of the full price of a bond unless you hold one. What you'll get is determined by the number of investments available for allocation.

Secured lenders have a better chance of recovering their preliminary investments' value. Before receiving any compensation, unprotected creditors should wait until protected creditors have been properly compensated. Stockholders generally get very little, if anything at all.

Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Can I Sue Someone Who Has Filed for Bankruptcy?

You can register a lawsuit if someone breaks a deal or harms you in a certain way, and you want money to compensate you for your loss. However, if the person you like to sue declares bankruptcy, you may be out of luck. The sort of problem and the time of the incident will determine whether you can file a lawsuit.

Suing Someone Who Claims Bankruptcy

The automatic stay imposed by bankruptcy prevents most lawsuits from being filed after the bankruptcy is lodged. Private loans, credit card bills, hospital expenses, utility bills, and accidental injury claims are all examples of loans for which you can't file a lawsuit.

There are some circumstances in which a lawsuit can survive. For example, declaring bankruptcy will not prevent a criminal case from proceeding. The lawsuit of bankruptcy has no bearing on divorce or custody hearings. If the user declaring bankruptcy was intoxicated at the time of accident or injury, the legal case against them can be continued. In addition, lawsuits arising from debts incurred after a bankruptcy filing may be pursued. You can file a case against the borrower if they cause accidents one month after declaring bankruptcy and harm the car.

The court's verdict on whether or not to grant the request is contingent on the facts. After the court announces an automatic stay, lenders can sometimes acquire a debt.

Even after a judge announces an automatic stay, the borrower may be required to pay the debt. The creditor, except for fraud cases, can get an exemption. The creditor must show that the automatic stay is detrimental to their legitimate dispute, legal agreements, or property. You can visit Fong Law Firm if you are residing near Monterey Park California and surrounding areas.

Cases When a Bankruptcy Filing Will Not Discharge

Can you collect money from someone in the following situations?

Fraud: If the debtor committed fraud and incurred debt, the debt cannot be dismissed by declaring bankruptcy.

Personal Injury Situations: If the borrower was driving under the influence and caused the accident, bankruptcy will not be able to discharge the mortgage. This sort of lawsuit can be filed in a bankruptcy trial to decide whether the offender was intoxicated.

Debt After Bankruptcy: This debt cannot be discharged if the borrower applied for a mortgage within 3 months of declaring bankruptcy and failed to repay it.

Bankruptcy and Suing Someone

A complaint will be lodged on you if the mortgage is non-dischargeable and the lender is permitted to sue. This is a printed document that explains why a lender or other party suing you must be allowed a bankruptcy proceeding exemption.

The document is delivered to the address listed on the bankruptcy complaint. A summons will be served on you, detailing how soon you must react to the concerns and whether you must attend court. The bankruptcy court judge can issue the state lawsuit to be transferred to federal court after it is filed.

The sort of case or how much the lawsuit has advanced will determine whether the court commands the case to be moved.

Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Multiple Bankruptcy Filings: When Can You File Again?

Can you file bankruptcy more than once? Is there any waiting period? Yes, you can consider filing bankruptcy again in California. Many Americans keep wondering about the impact if they file for bankruptcy again. Some even doubt that they can file many times. If you have any bankruptcy concerns, you can consider visiting Fong Law Group. Their attorneys can find a suitable solution based on your financial position. In the following, we will know more about multiple bankruptcies.

 How Long You Need to Wait

The waiting time will vary based on chapters. Also, there will be some other limitations. You will have to go through both benefits and downsides. If you file bankruptcy again soon after eliminating your debts in the previous filing, you cannot get discharged again. Even if you cannot get a discharge, you can think of filing bankruptcy again under certain circumstances. Lawyers in Fong Law Group can help you with the best legal solution.  You will know when and how you can file bankruptcy again. Fong Law Group offers legal services to Monterey Park California, and surrounding areas. You can reach out whenever needed.

When it comes to the waiting period and other limitations, you will have to understand the combinations.

Chapter 7 to Chapter 7

You might be aware that Chapter 7 bankruptcy can discharge most of your loans. However, you cannot file under this chapter frequently. Yes, you will have to wait for eight years to file bankruptcy under this chapter again. The waiting period will be eight years between both filing dates.

Chapter 13 to Chapter 13

When it comes to filing again under chapter 13, you will not have to wait long. You can file again after two years. But you might need to wait a bit longer since the repayment plan can continue for three years. You can decide based on your condition.

Chapter 7 to Chapter 13

If you have filed bankruptcy under chapter 7, you might need to wait four years to file bankruptcy under Chapter 13. The time will start from the filing date of your previous bankruptcy. After four years, you can think of filing bankruptcy under Chapter 13.

Chapter 13 to Chapter 7

You might need to wait for six years. But you can get some relaxation if you have repaid at least seventy percent of your debt. With a good repayment history, you can file again within one year.

Can I File Multiple Bankruptcies?

Yes, you can file multiple bankruptcies. Even if there is a waiting period between filings, you will have the option to file many times. However, it will impact your credit and loan-taking ability. Hence, you can avoid multiple bankruptcies.

Can I Receive A Discharge?

Yes, you can receive a discharge if you have not received it in your first bankruptcy filing. However, you will not get an automatic stay order.

Do you have any doubt? Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Should I File for Bankruptcy FAQ

Bankruptcy can give you relief from a financial crisis. But you cannot decide on filing bankruptcy without adequate information. Before filing bankruptcy in California, you might want to know the options, discharges, and impact on your financial life. In the following, we will address all your queries.

Should I File Under Chapter 7 or Chapter 13?

There will be some specific requirements for both these chapters. You can file bankruptcy under Chapter 7 when your monthly expenses are more than your monthly income. You can consider Chapter 7 if you earn less than the median income. Also, it can be a suitable choice when you do not have a lot of things to keep. Chapter 7 might discharge most of your debts. But you cannot expect that it will eliminate all your debts. Besides, you can file bankruptcy under Chapter 13 if your monthly expenses are more than your monthly income. However, Chapter 13 involves creating a repayment plan. You will have to repay some loans within sixty months.

When Can a Judge Dismiss Bankruptcy Petitions?

When your monthly income is more than your monthly expenses, a judge can dismiss your Chapter 7 bankruptcy petition. However, you can consider Chapter 13 bankruptcy in that condition. You can hire experienced lawyers from Fong Law Group to know your current status. Experienced legal professionals can offer you the best help based on your financial condition. The Fong Law Group provides legal services to Monterey Park California, and surrounding areas.

 Will Creditors Stop Calling After Filing Bankruptcy?

Yes, your creditors will stop calling you once you file bankruptcy. They will have to follow the legal process. Hence, they will not harass you anymore. Also, it will stop debt collection lawsuits, foreclosures, and utility shutoffs. But it might be temporary, and you can talk to your lawyer to find a better solution.

Can All The Collection Efforts Stop After Filing Bankruptcy?

Yes, the creditors will have to stop all the collection efforts. Once you file bankruptcy, the bankruptcy court will notify your listed creditors. It will not take more than a week. Hence, your creditors will stop calling you within a week. However, if they do not stop bothering you, you can reach out to the lawyers of Fong Law Group. The experienced lawyers will act immediately to end such actions.

 Will Bankruptcy Impact My Credit Report?

Yes, it will impact your credit report. But it will not remain on your credit report forever. The maximum period is ten years. However, you can improve your credit score within this period by avoiding late payments. Also, you can check your credit report to find any errors, and you can talk to the credit bureau to fix them. Yes, you can gradually improve your credit score. You can win the trust of lenders again as well.

Do you want more help? Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.

Will I Lose My Home If I File Chapter 7 Bankruptcy?

You may not lose the property if you apply for Chapter 7 bankruptcy provided you don't have considerable home value and the payment is due. Most of the users who claim Chapter 7 bankruptcy are allowed to have their possessions. If you are struggling financially, though, you may choose to take a different approach to bankruptcy, like declaring Chapter 13 bankruptcy.

If you're considering Chapter 7 bankruptcy and seem to be concerned about losing your home in Monterey Park, California and surrounding areas, It is best to call a lawyer at Fong Law Group so we can assist you, and point you in the right direction for the options that are available for you.

Home and Bankruptcy

If you're behind with the payments, Chapter 7 will not assist you to retain your house. If you're behind on your payments or on the verge of losing your home, Chapter 7 won't help you. So, until you can work out a deal with the lender separate from the bankruptcy, you're likely to lose the home. When this happens, there are other options such as Chapter 13 bankruptcy; this is why it is best to call an attorney that can discuss all your options so you can keep your house.  

Will My House Be Sold by a Bankruptcy Trustee?

If you do not have equity in the home as collateral or can exclude (protect) the property utilizing the homestead claim, you can protect the house in Chapter 7 bankruptcy. The trustee designated to handle the case will not sell it since there will be no money to give to the debt holders if there is no available equity.

However, this does not indicate that you will be able to maintain the house. Whenever you declare bankruptcy, you should be current on all payments, and you should be able to keep current in the future. You fear losing the home to foreclosure if you don't during a Chapter 7. If you are behind on payments, a Chapter 13 might be the right option for you, this is why it is essential to speak with a lawyer so they can advise you. 

Does Bankruptcy Chapter 7 Assist with Foreclosure?

Although Chapter 7 bankruptcy may offer temporary protection from foreclosure, it will not assist you in keeping your house. It lacks a means for paying off debts or effectively stopping the foreclosure process.

Consider the below mentioned methods:

• Before filing for bankruptcy, try to work out a deal with the lender. If you are behind in your mortgage payments, you may be able to negotiate a settlement with your borrower, informally or via a more official mortgage work, in which the creditor offers to renegotiate the repayment schedule by restructuring or altering the loan. If you pursue this route, make sure you finish the mortgage modification process before filing chapter 7 bankruptcies. Otherwise, any continuing conversations will almost certainly be disrupted by the bankruptcy. (In Foreclosure, you will discover data on lender negotiations and home loans.) 
• Take Chapter 13 bankruptcy as an example. In this, you may save the house if you have not paid the installments and now have sufficient money to keep pace on the loan arrearage with time. The automatic stay once you file bankruptcy stops the lender from proceeding with foreclosure procedures after you file bankruptcy.

Call Fong Law Group at (626) 289-8299 for a FREE consolidation, and talk to an attorney today. We are here to help you get through this difficult time in your life, and help you with a Fresh Start.