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Cheap, Affordable Bankruptcy Without Lawyers – Beat the New Higher Bankruptcy Costs and Save on Fees

March 10th, 2021

Higher Bankrupt Costs Since the New Law, So How Can Debtors Get Cheap Affordable Bankruptcy Without Lawyers?

WHY THE NEW BANKRUPTCY LAW WAS ENACTED

On October 18, 2005, the new bankruptcy law, called the “Bankruptcy Abuse Prevention and Consumer Prevention Act of 2005″ (BAPCPA), went into effect in the United States. At that time, there was no anticipation that a rising higher bankruptcy costs would sooner result with the new law. However, recent reports find that the new law brought such results, and that there are more American debtors going bankruptcy without lawyers.

The new law had been prompted principally by the general clamor and intense outcry and lobbying of the well-financed, well-organized, and properly connected but powerful, American banking and credit card industries and the bankruptcy lawyers, who had contended that the old bankruptcy law was supposedly “too soft on debtors,” and that the “excessive generosity” of the old bankruptcy system supposedly encouraged abuse and allowed many undeserving debtors who, they said, could well have afforded to pay their debts, to take undue advantage by using Chapter 7 bankruptcy to avoid repaying their debts.

That claim was NOT at all true. In deed, almost every credible study that had been conducted on the subject, and most experts that testified before Congress, had held otherwise. However, Congress disregarded such evidence. In stead, it promptly responded by passing the BAPCPA law, any way.

In consequence, the stated and yet unmistakable purpose of this law was essentially to discourage debtors from filing bankruptcy by making it more stringent and expensive to file. The new law was to do that by forcing people who, it was said, could actually “afford” (through a determination by a complex “means test” calculation) to repay some of their debts, into filing for bankruptcy under Chapter 13, instead of under Chapter 7 – that is, the type of bankruptcy (Chapter 13) which requires that the debtor will repay at least some, if not most or all, of their debts.

HAS THE NEW LAW ATTAINED ITS ORIGINAL OBJECTIVE?

But lo and behold, today, it is now some 5 years later into the new bankruptcy law. The actual results and effects of the new law are just beginning to emerge. And the question is: has the BAPCPA law actually attained the basic objective for which it had supposedly been originally designed?

Actually, on one major goal of the law – the goal of discouraging debtors from filing bankruptcy and drastically curtailing the rise in bankruptcy filings by debtors – the BAPCPA law has, to date, turned out to be a woeful failure. In deed, as we speak today, there is a NEAR RECORD RISE IN BANKRUPTCY FILING. For example, in the 12-month period ending June 30, 2010, bankruptcy filings rose 20 percent, according to statistics released by the Administrative Office of the U.S. Courts. A total of 1,572,597 bankruptcy cases were filed nationwide in that period, compared to 1,306,315 bankruptcy cases filed in the previous 12-month period ending June 30, 2009, making it the highest number of filings for any period since the BAPCPA law went into effect in October 2005.

How the New Law Has Made Bankruptcy More Cumbersome and Costly for Debtors

It is, however, on the second major consequence caused by the law, that its impact has become far more profound for the average debtor or bankruptcy filer. Namely, on the fact that the new law has made bankruptcy far more cumbersome for the debtors, and has simply brought rising higher bankruptcy costs, causing debtors to seek cheap affordable bankruptcy without lawyer.

Historically, the ability of the average debtor reasonably to file for bankruptcy and to be reasonably discharged of his/her debt burden, and to obtain a fresh start to begin life anew relatively unhindered by the past debts, has been a fundamental but vital and long-standing part of the American law and life. In deed, that right is one of a handful of fundamental rights specifically named by the original U.S. Constitution and guaranteed under it. However, contrary to that fundamental American value, the new bankruptcy law of 2005 introduces into the bankruptcy system, perhaps for the first time ever, elements which drastically limit the extent of the exercise and enjoyment of this basic right by the average debtor. It does this by placing an array of new hurdles, financial as well as legal, on the path of the overburdened American debtor who seeks the “fresh start” protection that bankruptcy has traditionally offered the American debtor.

Some Examples of How the New Law Has Done this. The new law:

• Now makes it harder for debtors to discharge certain types of debts.
• Forces a greater proportion of debtors to repay their debts.
• Imposes special responsibilities and restrictions uncommon even on bankruptcy lawyers and Bankruptcy Paper Preparers (e.g., lawyers are now required to personally vouch for the accuracy of the debt and financial information their debtor clients provide them, and to do more paperwork ), handing lawyers an excuse to jack up their fees for bankruptcy even higher than before.
• Imposes tremendous restrictions and undue scrutiny upon the Bankruptcy Paper Preparers (the name given by the Bankruptcy Code for non-lawyers who help debtors with their bankruptcy paperwork), the net result of which has now been to discourage affordable assistance for bankruptcy filers and thus chase them into the offices of bankruptcy lawyers who charge some 50 times the fee of the BPPS to do basically the same thing for the debtor.
• Require debtors to undergo credit and budget counseling, and
• Subject bankruptcy filers to a mountain of paperwork, documentation and procedures that could be quite daunting for anyone, in order to file for bankruptcy.

EExorbitant Lawyers’ Fees for bankruptcy Filers the Biggest
Consequence of the New Law

Today, some 5 years after the operation of the new BAPCPA law, it is almost crystal clear now that the biggest consequences of these new array of hurdles brought about by the new law on the American debtor, is that there has been rising higher bankruptcy costs with the new law and an exorbitant lawyers’ fees for bankruptcy filers, and which has caused the debtor to seek cheap affordable bankruptcy without lawyer

Bankrupt Cost Higher

For example, according to a study released in January 2010 by Katherine Porter, associate professor of law at the University of Iowa, and her colleague, Ronald Mann, a professor of law at Columbia University, titled “Save on Bankruptcy fees,” (primarily because attorney fees and court filing fees have risen so dramatically under the new law) most debtors in current times simply find it too expensive to file for bankruptcy. For example, the average lawyers’ fee for a simple bankruptcy in parts of the country today, has reportedly shut up to a whopping sum of $2,500 for a simple Chapter 7 bankruptcy, and about $4,500 for a Chapter 13, among other new complications now to be confronted by the debtor who wishes to file for bankruptcy.

But Don’t Despair. There are Still Some Available Low-cost, Affordable Options for Debtors to File Bankruptcy!

Now, true, for many a debtor the new law has brought rising higher bankrupt costs. But, as a debtor wanting to file bankruptcy, how do you remedy this major hurdle? That may mean, for example, how do you get cheap affordable bankruptcy without lawyers? Actually, one answer seems to be that the American debtors and consumers have become increasingly adept at finding a “new” alternative for getting their bankruptcy filing needs done – AFFORDABLY.

One such major legitimate option and excellent alternative open to debtors under the U.S. Bankruptcy law, and which is now becoming increasingly “popular” among them as their way to file bankruptcy, is the use by debtors of low-cost, cheap, non-lawyer helpers to assist the bankruptcy filers with their bankruptcy paperwork. Called Bankruptcy Paper Preparers or BPP under the bankruptcy law, these helpers are often skilled paralegals. The better ones among them, when correctly selected, are specially trained and experienced specialists in the bankruptcy process, often exactly the same paralegals that bankruptcy lawyers employ in their own offices in doing the bankruptcy work for their debtor clients.

Stephen Elias, a California attorney and bankruptcy specialist and author of several books on the subject, summed up this fact and trend this way: “Surveys have shown that many attorneys have doubled their fees to cope with new requirements imposed by the BAPCPA of 2005. Many thousands of debtors have therefore been priced out of lawyer representation in their bankruptcies.”

Hence, adds Elias: “Because of rules governing the practice of law, the only legal alternative to attorney representation is self representation… Bankruptcy Petition Preparers can assist with your paperwork.”

NEED MORE INFORMATION?

As a debtor wishing to file affordable bankruptcy, how do you remedy the problem of the rising higher bankruptcy costs of the 2005 law? How do you get cheap affordable bankruptcy without lawyer, or with lawyer? For more information on how a growing number of dabtors specifically end the “too broke to even declare bankruptcy syndrome” problem by using low-cost non attorney assistance, such as a good federally-approved Debt Relief Agency or Bankruptcy Paper Preparer, to secure your Constitutional right to bankruptcy protection, please visit this site: http://www.afford-bankruptcy.com/proSeBankruptcyTrend.html

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Benjamin Anosike, Ph.D., has been dubbed by experts and reviewers of his many books, manuals and body of work, which dwell largely on self-help law issues, as “the man who almost literally wrote the book on the use of self-help law methods” by America’s consumers in doing their own routine legal chores – in uncontested divorce, will-making, simple probate, settlement of a dead person’s estate, simple no-asset bankruptcy, etc.

A pioneer and intellectual and moral leader of the 1970s-based “you do your own law” movement and a lifelong vehement advocate and veteran of historical battles for the right of the American consumers to perform their own tasks in the area of routine legal matters, Anosike was one of the pioneers who fought and survived (along with many others of courage) the lawyers’ and organized bar’s stiff war of the 1970s and ’80s against American consumers and entrepreneurs who merely sought, then, to use, write, distribute or sell law-related self-help books and kits for non-lawyers to do their own law, upon the lawyers’ claim then of such being purportedly “unauthorized practice of law” or “practicing law without a license.” Anosike holds graduate degrees in labor economics and management and a Ph.D. in jurisprudence.

Once characterized by a review of the American Library Association’s Booklist Journal as “probably the most prolific author in the field of legal self-help today,” Dr Anosike is the author of over 26 books and manuals (and countless number of articles) on various topics of American law, including 4 volumes on personal and business bankruptcy filing, in a lifetime of dedication. For more on the

Help in Getting an Auto Loan When Bankrupt

February 10th, 2021

To get an auto loan with bankruptcy some steps must be followed before looking for a loans. You should get your credit report that contains your credit history. Make sure that your credit accounts listed are accurate and there are no open accounts that should have been closed. It is advised to add a small page that explains what caused the bankruptcy. In case of real mishap like medical emergencies that caused debt which resulted in bankruptcy the lender may give you better interest rates than in normal bankruptcy conditions.

Plan Your Car Purchase
Before a person with bankruptcy goes out to search for an auto loan he must make sure how much he can manage to pay as monthly installments. This will determine which deal in the market he should opt for. The amount and the period in which the repayment must be done are used to calculate the monthly payments. Do the math and find out which loan gives you affordable loan payments.

Restrictions in Auto Loan after Bankruptcy
Some restrictions or points that lenders stress are also faced by the unfortunate bankruptcy affected person. The first thing is that the bankruptcy should be discharged before lenders should give the loan. To be eligible for the bankrupt borrower must have minimum gross $1,500 income if his score is below 625. There should not have had any repossession in previous year.

The age limit is 18 and person should be a US resident if that person is in America. Down payment may be required as well because after bankruptcy auto loans are 8 times the persons monthly income. For instance, if the earning is $1,500 than the auto loan given is $12,000. The monthly payment should remain within 20% of the monthly earnings.

Reason for Above Restrictions
These restrictions for auto loan are enforced so that the already bankruptcy affected person must not fall in unmanageable debt problems and the lender is also protected. The interest rates on auto loans also vary according to the risk involved in lending and car chosen

Use a Car Loan Lender
The car loan lenders can be helpful to find you an auto loan. These lenders work with financial institutions and give loans to the people. Online auto loans lenders are a better option as you can find better deals than the local loan dealers. Interest rates on the internet range between 5.7% and 7.2%. The online company want the borrower to go through an authorized dealer which is necessary for lending to a bankrupt person.

Explain Your Situation
The auto loan application asks that why bankruptcy occurred. Don’t hesitate in telling and elaborate the problems that caused you the big financial set back. Tell them how you have now planned your finances to resolve your financial crisis. Do include improvement in the credit score.

Consider Refinancing
When you get a car loan you must look to refinance in future as well. In some years if you are regular in payments you will qualify for lesser interest rates.
Bankruptcy does have a lot of disadvantages over a person’s financial life. The biggest one is being unable to find low interest unsecured loans easily. Without a car a person really becomes crippled in a sense that he can not move freely in big cities not even a single town. With bankruptcy it becomes even difficult to get an auto loan.

To get an auto loan with bankruptcy some steps must be followed before looking for a loans. You should get your credit report that contains your credit history. Make sure that your credit accounts listed are accurate and there are no open accounts that should have been closed. It is advised to add a small page that explains what caused the bankruptcy. In case of real mishap like medical emergencies that caused debt which resulted in bankruptcy the lender may give you better interest rates than in normal bankruptcy conditions.

Plan Your Car Purchase
Before a person with bankruptcy goes out to search for an auto loan he must make sure how much he can manage to pay as monthly installments for the loan. This will determine which deal in the market he should opt for. The amount and the period in which the repayment must be done are used to calculate the monthly payments. Do the math and find out which loan gives you affordable loan payments.

Restrictions in Auto Loan after Bankruptcy
Some restrictions or points that lenders stress are also faced by the unfortunate bankruptcy affected person. The first thing is that the bankruptcy should be discharged before lenders should give the loan. To be eligible for auto loan the bankrupt borrower must have minimum gross $1,500 income if his score is below 625. There shouldn’t have had any repossession in previous year.

The age limit is 18 and a person should be a US resident if that person is in America. Down payment may be required as well because after bankruptcy auto loans are 8 times the person’s monthly income. For instance, if the earning is $1,500 than the auto loan given is $12,000. The monthly payment should remain within 20% of the monthly earnings.

Reason for Above Restrictions
These restrictions for auto loan are enforced so that the already bankruptcy affected person must not fall in unmanageable debt problems and the lender is also protected. The interest rates on auto loans also vary according to the risk involved in lending and car chosen

Use a Car Loan Lender
The car loan lenders can be helpful to find you an auto loan. These lenders work with financial institutions and give loans to the people. Online auto loans lenders are a better option as you can find better deals than the local loan dealers. Interest rates on the internet range between 5.7% and 7.2%. The online company want the borrower to go through an authorized dealer which is necessary for lending an auto loan to a bankrupt person.

Explain Your Situation
The auto loan application asks that why bankruptcy occurred. Don’t hesitate in telling and elaborate the problems that caused you the big financial set back. Tell them how you have now planned your finances to resolve your financial crisis. Do include improvement in the credit score.

Consider Refinancing
When you get a car loan you must look for auto loan refinance in future as well. In some years if you are regular in payments you will qualify for lesser interest rates.