Dealing with Chapter 13 Bankruptcy

Bankruptcy is looming on the horizon and Chapter 13 is beginning to look really good, but no one wants to give up the house.

Using Chapter 13 will allow those facing bankruptcy to stop foreclosure and save their homes. In fact, Chapter 13 protects equity in the home, helps balance the mortgage default, and helps get rid of other crushing debts.

Things seem to have come full circle in the mortgage industry, swinging from a once booming economy to a recession. Many people recall mortgage lenders used to offer really low adjustable rate mortgages, no money down mortgages, and 100% to 110% mortgage loans. Gone are those days.

Nowadays adjustable rate mortgages have increased from roughly 5% to over 10% depending on who the lender happens to be. Homeowners are faced with suffocating mortgage payments virtually double what they used to be. As interest rates rise, so do the mortgage payments.

Unfortunately, the real estate market is also very soft right now which means homes have not appreciated any in value, not like they used to. They also don't give homeowners any leeway to refinance and use their equity. As this situation keeps spiraling out of control, Chapter 13 bankruptcy begins to look very attractive.

"Homeowners may file Chapter 13 that would allow them to catch up with their mortgage payments – interest free," explained Jay Fortier of The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. Fortier has extensive experience in this area and knows what homeowners are going through when they are faced with rapidly escalating mortgages payments and no extra money to pay them – even if the family works.

Chapter 13 will allow the homeowners to consolidate other financed items (other debts) and in the process, wind up actually saving some money on the interest rates. This break often means the family is able to carry their debt load with dignity and be able, in the long run, to keep up payments.

While Chapter 13 is a viable option in this day and age, the other route consumers may opt for is consolidating credit card debts, medical bills and other loans. In some instances they may wind up only paying back about 10 cents on the dollar. "It's an attractive option, and one I explain to my clients," added Fortier.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Business Bankruptcies Need Legal Counsel

Going bankrupt is not a lot of fun for anyone, personally or if you need to declare a business bankruptcy.

Before you get so far into the red with your business, you might want to think ahead and have some contingency plans in place if you face tough times down the road. The economy today is not in super condition and we are actually facing a rather serious recession.

In a recession many things happen, not the least of which is people stop buying items they view as "extras." There isn't much in the way of discretional funds to spend on things that people once didn’t think twice about buying. Keep that in mind if you are in business during a recession and your product or service is something people deem "nice but not really needed right now." You may face an uphill battle to stay in business, so having an alternative plan if struggling with a serious decline in revenue only makes good sense.

If you are considering declaring bankruptcy, then the first thing you need to think about is whether you want to continue to operate your business or not, and whether it is viable to do so. Depending on your business's situation, different kinds of bankruptcy can help you to liquidate the business or reorganize it and continue to run it.

What you really need to know is what your goals are for the future of your business, as there are several routes open to you to declare bankruptcy. This is where your bankruptcy attorney will outline the various options from which you may choose.

The route of bankruptcy you choose will largely also relate to the type of business you own, e.g. partnership, a corporation or sole proprietor. Don't waste a moment trying to sort out what to do, as this is precisely what you hire a bankruptcy attorney for in the first place. They are there to help you through the process and will outline what you need to know to make an informed decision that is best for you in the prevailing circumstances.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Estate Planning Requires Reliable Information

Planning what to do with the assets of an estate takes a great deal of legal knowledge and the proper kind of information to ensure that the will accurately reflects the wishes of its creator.

Never try to write a will without the assistance of an attorney. There are far too many legal loopholes that may arise and cause untold havoc later. In addition, tax laws and other legal rules that affect estate planning tend to change fairly regularly. Being up-to-date and totally legal when drafting a will is for the benefit of the client who wants to ensure their assets are distributed as they wish – legally and without any hassles.

If there is a provision for a charitable trust in the will, keep in mind that charitable trusts have serious tax incentives. However, having said that, they are not just a tax shelter. They are perhaps the best way possible to make provisions for a charity of the deceased's choice.

A trust works by primarily transferring assets from one entity to another. Although that may sound easy, there are other considerations that have to be met, e.g. the transfer must be done in an efficient and timely manner. This works by allowing the person to have a stream of income from the trust holdings.

When that person dies the remaining assets in the trust transfer directly to the named charity. While it may sound simple, it isn't and this is only just the tip of the iceberg. This is why consulting with a well-qualified attorney like The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois, will ensure the trust is set up according to the required rules of law.

Living trusts are another area that Fortier uses in the estate planning process. "A living trust lets clients be remembered in the way they wish to be recalled," explained Fortier. A living trust may go to a favorite charity or a much-loved heir.

Simply put, a living trust is a legal method of transferring assets from one entity to another. That means the person who places the funds in the trust is the trustor, the person who manages the trust is the trustee, and the person who lives on the trust is the beneficiary.

If estate planning is in the future, make sure to contact a reputable attorney such as The Law Office of Jay F. Fortier, P.C., in Chicago, Illinois. Fortier's gift of the ability to explain complex situations to clients is superb.

To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.

Estate Planning Lingo

It's never too early to think about estate planning, no matter what anyone may tell you. Make your first call to a qualified estate attorney to make sure your wishes are observed later.

When it comes to estate planning, there is a lot of lingo of which many people aren't familiar; for instance, power of attorney, living will, and last will and testament. What do these things really mean in the greater scheme of making your last wishes known?

If you speak to an estate lawyer, you will discover that these particular documents are critical to making sure your assets are properly distributed, not only according to the law, but that your legal interests are protected as well. It goes without saying that you would also like your assets apportioned the way "you" want them to be and not at the whim of another.

In general, a will is a document that outlines how you want your assets distributed when you die. It's funny, but the number one myth many people have about wills is that you have to tell the lawyer drafting the will all your personal financial information, where it is, how to access it, and how much you have on hand. This couldn’t be further from the truth.

The only thing you need to worry about when writing a will is to whom you want your assets to go, what percentages each should receive, and the distribution of special items, e.g. a much loved painting, car, horse or home. That's it in a nutshell, aside from the legal drama within the four corners of the document itself, meaning the legal jargon that is necessary for the will to meet the legal requirements of the state in which you live.

You will, of course, need to name an executor/executrix to handle the estate affairs once you pass on. Choose well and ask the person's permission, as this is a very significant job in some instances. The executor figures out all the estate's assets and liabilities, pays bills, distributes assets according to the will, and in general takes care of the hundreds of other nitpicking details to finalize an estate.

If your will calls for money to be left to a minor, you will also need to name a Trustee. Again, ask the person you want to if it's ok with them if you do this. Your legal counsel will outline all these details for you when you are drafting your will. If you have a living will, that is another thing and relates to medical treatment, not the disposition of assets.

Primarily a living will tells your loved ones what you wish to do should you be permanently disabled with no hope of recovery. Usually this refers to a coma or a permanent vegetative state. In some states two doctors must certify there is no hope of recovery. Ask your estate lawyer which law applies in your state.

Patrick Warwick is the lead content contributor for Chicago Bankruptcy firm, The Law Office of Jay F. Fortier, P.C.. To speak with a Chicago bankruptcy lawyer or to learn more about creditor rights, Chicago bankruptcy, Chicago bankruptcy lawyer, Chicago bankruptcy attorney, visit Westsidebankruptcy.com.