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Posts Tagged ‘personal finance’

Chapter 7 – The Means Test

December 1st, 2010

There are a number of ways of filing for bankruptcy in the US, and they are referred to as “chapters”. With 85% of debtors filing under chapter 7, this is the most popular form of bankruptcy in the US, probably as it removes all debt (there are some exceptions like tax, alimony and student loans to name 3), unlike the second most common form of bankruptcy, chapter 13, where debt is repaid by means of a legally enforced repayment plan.

This is despite the fact that in chapter 7 all assets are sold to repay as much money as possible.

The problem is that it is possible that the sale of an individuals assets will fall far short of the amount of money owed, leaving creditors out of pocket by some distance.

Now this may be unavoidable, however, it may be that an individual can, in fact, afford to repay their debts if they are rescheduled under a chapter 13 filing, which is essentially a repayment plan over a 3-5 year period.

Therefore, 2005 saw the introduction of a compulsory means test for individuals seeking chapter 7 bankruptcy, failure of which would automatically push them into a chapter 13 filing, which is a 3-5 year repayment plan.

The means test was introduced to ensure that only those who genuinely cannot repay their debts can claim chapter 7 bankruptcy.

If this works out at less than the median income for a household of the same size in the same state you immediately pass the means test and qualify for chapter 7.

The first stage of the test is to see if the applicant’s disposable income for the previous 6 months is less than the median income for a same sized household in the same state. If it is you can go straight into chapter 7. If not, the applicant is to some extent at the mercy of the court, who decide whether the amount of the applicant’s disposable income is sufficient to make some repayment of their unsecured debt. The applicant can often find that the court considers that they can, but in reality it leaves the applicant with very little money to live on, making life tough financially.

If you income is found to be greater than the median then you have to go through some complicated calculations. The problem an individual faces once they fail the first part of the test, is determining if your “disposable income” figure is sufficient, after paying monthly “allowed” expenses, to pay at least a proportion of your unsecured debts (credit cards for example).

The problem here is that different states have different rules as to what are the allowed amounts for day to day living expenses. However, if your “disposable income” is more than a certain amount, you fail the means test and are prevented from filing for chapter 7.

Legal Advice

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A Method That Gives You Higher Chances For Success In The Lottery

November 15th, 2010

Everyone wants to win a lottery because it is easy money. The problem is it is hard to win one. The odds are usually very against you. Moreover, you have to spend some money to make that easy money.

Let us look at the example of Euromillions Draw. If you buy a ticket, your likelihood of winning is 1 in 76 millions. It sounds very discouraging. Many would say that it is not even worth the money.

Well, yes they are right. With such low hopes, it is better not to try. How to make your chances better, if you want to try? Some people buy more tickets. Say if you buy ten tickets in total, your chance of wining increase to 1 in 7.6 million. This is not encouraging either. Therefore, buying more tickets is not going to help much.

Another more viable solution is to play in lottery syndicate. Your chances are improved. These lottery-related organizations are put together by friends, family or workmates. The following details will help you understand what a lottery syndicate really is.

It is quite a simple concept to understand. In a lottery syndicate, many people come together and play. The money won is then shared amongst the members. For example, if you join a syndicate comprising of 36 members and buy 36 tickets, then your chances of wining improve to one in 2.1 million for lotteries such as Euromillions Draw.

If you are 36 members in total, who buy 36 tickets, then you chances will range up to 1 in 2.1 million in Euromillions Draw, which is slightly more promising.

Another benefit is those lottery syndicates have many brains working together. If your group can come up with numbers that are likely to win by applying some mathematical logic, then chances are substantially improved. For example when it comes to syndicate, two bonus ball numbers from 1 to 12 are sure to win in Euromillions Draw.

Therefore, it can be safely said that lottery syndicate that applies some mathematical logic is a better bet. This will perk up your chances.

Legal Advice

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Understanding The Different Styles Of Identity Theft

October 17th, 2010

You are at risk of identity theft, most likely, right now. One of the worst types of identity theft is also one of the more common types – because people aren’t careful with their social security number. Never, ever carry your social security card in your purse or wallet.

What about documents with your social security number on them? Do you shred all of them as soon as you don’t need them? Most people don’t but they should.

Right now, I bet, that there are papers with this information on them in my garbage. If someone gets your social security number, they can rack up a huge amount of debt – all in your name.

If you figure it won’t happen to you because that’s a lot of work for a scammer, think again. Here’s an experiment. Call the phone company. Ask them what is required to open up a new service account. Chances are they will say they need a name, an address, a social security number, and a birthday.

Scammers can call up and tell people that they won a fantastic prize, and that all they need to do to claim the prize is verify their social security number, and many people will provide this information right over the phone to a complete stranger! They get excited, and they quit thinking about security.

For name and birthday, that’s easy. Most people will just tell you this info if you ask them. Now this same scammer would have enough to call up the phone company and order all of the top services and equipment and options, all in your name, and you would end up getting stuck with the bill. You’re probably thinking, but they would get arrested! Well, they could, but usually they don’t stick around in any one place all that long. They’ll be on to the next scam by the time you realize your identity is stolen and call the authorities.

Some identity thieves who are very intelligent and motivated can even cobble together entire identities for use by illegal immigrants. An illegal immigrant with your information can use it to cross the border, get a job, get a place to live, turn on utilities, and so on. All of this would happen in your name, and on your credit record.

There can be devastating results. Sometimes people don’t realize for months or even years that there is someone out there pretending to be them and opening accounts and purchasing things. Imagine if the IRS demands payment of taxes for capital gains from selling the three houses you own – only you don’t even own one! That’s a nightmare scenario you really don’t want to have to deal with.

Legal Advice

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How To Prepare For A Loan And The Basics Of Lending Money

October 8th, 2010

If you were to apply for a mortgage, the lender that you choose will take a number of things into account when they are processing your application. These can have a direct influence on the type of loan you are eligible for, what your monthly payments will be, and of course how long the repayments will take.

Knowing exactly what is required of you in this process could help you greatly in your loan application.

There are a number of factors that will have a direct bearing on what type of loan is available to you, but the main thing is your credit.

Contact the three consumer reporting companies and ask for a copy of your credit score if you see any mistakes on any of these scores.

There have been times in the past where these credits have been wrong, but do not worry because they can be changed and corrected within a matter of weeks. Also try to pay off any outstanding bills before your application.

If your credit score is not as good as it can be, it may be a good idea to try to pay a large down payment with your mortgage. The larger that you can manage, the more chance of a successful mortgage being accepted.

You may also consider a nice down payment even if your credit is good. The beauty of doing it this way is that the length of your loan will be drastically reduced or even the amount per month you pay will be reduced.

The important thing to remember is never lie to your lender, they will eventually find out the truth and it will come back to bite you. The lender is only there to help you to get the best deal that is right for you.

Legal Advice

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Making A Real Estate Investment – Information To Think About

October 1st, 2010

There are a lot of ways to make the most out of your money, and what could be a better way than investing in real estate. As a matter of fact, real estate has more to offer when it comes to return of investment.

If you buy a home, you can turn it into a rental property and make money while your investment increases in value. This will provide you with a good income, and essentially your renter will be paying for your property.

Generally speaking, property goes up in value, often in large amounts in a relatively short time. You can rely on this just about all the time, and even if prices drop, they will go back up, without a doubt.

Minor home improvements that don’t cost much can frequently augment the value of your real estate. Make fast and easy money out of this method.

Even if prices go up because of inflation, using your real estate as a rental property can help protect you. In most cases, your mortgage payments will remain the same, but you’ll be able to charge your tenant more for rent.

Save on cost by using your own skills in home repair and renovation. A “fixer-upper” property bought cheap can eventually reward you with more profit.

There are also tax benefits to be had from purchasing real estate, especially if you plan to live in the home for a while. You may also have access to home equity loans based on your investment, which can provide you money for other purposes if needed.

So that you maximize your profit, you need to look around as much as possible to begin with. By finding a place at bottom dollar, you are sure to make a decent amount on it any why you work it.

Legal Advice

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Purchasing A Co-op Or A Condo – Things To Keep In Mind

September 30th, 2010

A co-operative apartment, also known as a co-op, is very different from a condominium. One is definitely not better than the other, though, but comparing their pros and cons can greatly assist in choosing which one is the best for you.

Purchasing a condo actually entails you to purchase the apartment as well, together with the area of the common space on the property. However, when you buy a co-op, what you are buying are shares in the company that owns the property, which explains why you rent your apartment.

Often you will find one more prominent than the other in certain areas. Generally speaking, whichever is the most prolific in your area is probably the cheapest option, though this is not a hard and fast rule.

Say you have decided to go for the co-op option, then you need to ensure that you can finance the buy. Quite often, you will have to have the money to hand and also you will be required to prove a degree of solvency.

The application process for buying a co-op is often much more involved than buying a condo. Detailed credit reports, numerous recommendations, and possibly a live interview may be required.

There is also a possibility that you will be declined by the co-op board. A lot of reasons could be behind this, but you are assured that it isn’t because of your race, religion, sex or because of a disability.

Purchasing a condo is often far easier than this, much like buying a house. Although you will need to have a good credit history, this will not be as rigorously examined as a co-op would, and you will not need recommendations or an interview.

A condominium does not allow you much control over who your future neighbors will be. But because financing is permitted, you will usually find it much easier to sell your condo some time in future.

Legal Advice

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Ways To Bargain Successfully In Real Estate Deals

September 26th, 2010

As a buyer, negotiating the asking price for a home can be something to be dreaded especially if one feels that he has no negotiation skills. However, these skills are important since in this industry it is rare that the asking price is the selling price and where negotiation is the rule and not an exception.

Basically, the best preparation one can do is to be informed. For example, with some personal research or data from a real estate agent on how much similar homes have sold for in the market within the year, one can be able to use these prices as basis for your offer.

You need to remember to use any problems identified in an inspection as well. These problems can be a fantastic fulcrum for lowering the price.

Another thing you need to discover is why the vendor wishes to sell, as you may find this helpful during the bargaining process. You can find this out by asking their agent, or doing some detective work around the area.

One should also need to know if it is a buyer’s market or a seller’s market. It is a buyer’s market if the seller needs to move soon, if the house has been listed for quite some time, and if the local real estate market has been sluggish.

When it’s the seller’s market it’s a lot harder to drop the price during negotiations. Some reasons as to why this is, is because other houses are selling at asking price, or the market has rapid sales.

In the heat of negotiations, one must not forget to take into consideration emotional appeal on the seller’s end. For example, a buyer can make the seller feel that their home will be in good hands.

All up, you need to be aware of all the various details, as this will give you a position of power. You need to be ready for this part of the process to take a while as often an offer is countered and then remade, meaning it can take some time.

Legal Advice

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Negotiating A Real Estate Broker Commission – Items To Consider

September 22nd, 2010

Although most real estate brokers work for a specific commission, in some cases you may be able to negotiate to get a lower amount. Commission rates have come down a bit in recent years, but you still have a right to negotiate if need be.

By law, commissions must be open to negotiation to avoid “price fixing” situations. In regards to a real estate commission, even saving a single point can save a lot of money.

If you’ve decided to try negotiating with your real estate broker, you should first do some research so that you are familiar with the current rates. As the seller of a home, you actually have more control over the situation than you might think.

Make sure to get a couple of quotations from several brokers. Use this information to calculate the most reasonable rate. Some further research can go a long way to confirm any facts that might help in the bargaining process, especially when you are bargaining for a lower rate.

The Internet can make it easier to do the research you’ll need in order to negotiate a commission. In fact, the Internet has done a lot to increase the overall competitiveness between brokers, which can also help a person get a better deal.

A good approach to getting a lower rate is to offer incentives to your broker. For example, if the house gets sold earlier than the set date or if it gets sold within a certain price range, you can reward your broker with a bonus.

If after all this, you still cannot get a cheaper commission rate, then you need to see if you can find a broker who has a cheaper flat rate. Usually, these can be found online, they often save money by not having physical offices.

The cheap ones will often let you select which services they will do. If you do this, then you can cut back where you want and save some cash.

Legal Advice

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Using A Mortgage Broker – Items To Be Aware Of

September 17th, 2010

The purchase of a home is a large investment for everyone at some point in his or her life. For most people, they need to obtain a mortgage in order to purchase a home. They go very hand in hand with one another and you can’t purchase a home without it.

Most people find the paperwork, details and steps devastating, so they often hire a mortgage broker to take care of all the paper work. Mortgage brokers have faced some dissension about the way they practice and how it resulted in the credit crisis.

The question then that is running in most home buyers’ minds is how do they choose a mortgage broker that they can trust to get them the best deal? Having a good relationship with a mortgage broker is essential during this whole process so it is better to have trust on both sides.

That being said, trusting your mortgage broker does not mean that you will do everything he says with your eyes closed. Hear him out with the mindset that the advice he’s giving is in your best interest.

However, that is only the first half of the process. The second half would be to verify independently what he says by doing research and comparing between the different options and lenders that he has presented.

You should have at least a basic comprehension of precisely what the broker is going to earn so that you can tell whether his advice is really for your benefit or whether it is just going to increase his commission.

So, before you engage the services of a mortgage broker, be sure to ask around and compare among different brokers until you find the one who you can trust and work comfortably with. Getting referrals from friends, family and the brokers’ previous clients can be a good start.

After you decide on a mortgage broker, you still want to discuss better deals. Also, don’t stop asking questions, always be on top of things and know what is going on.

Legal Advice

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Why You Should Seek A Lawyer After An Accident

September 14th, 2010

If you have been in an accident or involved in a crime, whether it’s a drunk driving case, or a situation with a landlord you are taking to court, the next step would be to seek the advice and representation of a legal professional.

Seeking the advice of a professional wouldn’t be the hard part though. Actually finding one that would be considered to be honest will be the biggest issue there.

By following the advice given here you will be on your way to find the right professional for you. This can often be a task since there are so many out there to choose from.

There are tons of legal professionals who specialize in different areas. You want to find one who can assist you in the area of the situation you are in.

Regardless of your legal problem, there is a professional who can assist you. Do you need to fight your landlord in a rental dispute? Or are you being accused of drunk driving? Then there is a lawyer for you who specializes in that.

Before hiring a particular lawyer, you should have a sit down with the person you have decided to meet. This way you have a chance to find out how exactly they can help you and discuss the length of your case.

If you feel that you received positive feedback then you should definitely move forward. Feel free to discuss your case with another lawyer if you feel the opposite way after the appointment. You don’t have to go with the first professional you discussed your case with.

The goal is to find a legal professional who can assist you in winning your case and if you can save time and money in the process that is even better. Just follow the advice given here and you will be on your way to doing both.

Legal Advice

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