Overview on Debt Settlement

There is no question that the emotional and psychological effects of debt can be devastating and impact numerous aspects of a debtor’s life. Debt can affect your ability to have a nice dinner with friends to your ability to go on a much needed vacation or pay for everyday living expenses. Having too much debt can take the joy out of living.

Given the economic downturn that has impacted millions of Americans and homeowners, especially in the sunshine states such as California, Nevada, Arizona and Florida, it’s not surprising that so many debtors are considering their bankruptcy options or their alternatives to bankruptcy. One such alternative to the traditional bankruptcy is called “debt settlement.”

One of the greatest things about the financial industry is that virtually everything is negotiable. Even if you think an interest rate or a price is set in stone, sometimes getting a discount or a reduction in fees comes down to knowing when and who to ask for it.

Debt settlement is the process of offering a large, one-time payment towards an existing debt in exchange for the forgiveness of the remaining balance. For example, if you owe $30,000 on a hospital bill and we approach the hospital and offer a one-time payment of $20,000. In return for this one-time payment, the hospital agrees to forgive the remaining $10,000.

Why would a hospital be willing to accept a $10,000 loss? Hospitals frequently provide medical services that they are never paid for, especially when the patients are uninsured or cannot afford to pay their bill. The hospital is trying to protect their bottom line, which is a key fact to remember during negotiations. Since creditors such as hospitals or credit card companies represent unsecured loans, there is no “collateral” for them to seize in order to help repay an unpaid balance.

Getting a creditor to accept a settlement on a balance may seem too good to be true, but it’s possible. Lenders don’t generally like to advertise settlement, but if you’re quickly falling behind on your payments and heading towards bankruptcy, your lender may be willing to take whatever they can get, giving you one last opportunity to get back on your feet.

If you are considering debt settlement as an alternative to bankruptcy, it’s important to discuss this option with a qualified professional from Kostopoulos Bankruptcy Law. Not only are there specific procedures that encourage a successful debt settlement, if handled improperly, the creditor may accept a payment yet continue to collect on the remaining debt, which would defeat the purpose of debt settlement.

Contact us today to discuss debt settlement as well as all other viable debt relief options that can put you on the track to a financial fresh start!

The Bankruptcy Means Test

What Is the Bankruptcy Means Test Used For?

Section 707(b)(2) of the Bankruptcy Code applies what is called a “means test” to determine whether a debtor’s filing of a Chapter 7 would be presumed an abuse of the Bankruptcy Code, thereby requiring a conversion of the case to a Chapter 13.

Essentially, the “means test” was created to determine whether a debtor’s income is low enough to qualify for a Chapter 7 bankruptcy. This formula was designed to keep debtors with higher incomes from filing a Chapter 7 bankruptcy. High income debtors who fail the means test must file a Chapter 13 bankruptcy, which allows them to repay a portion of debts over a period of 3 to 5 years, but they may not use the Chapter 7 to wipe out their unsecured debts altogether.

How to Pass the Means Test

Passing the means test does not mean that you have to be penniless to qualify for a Chapter 7. You can earn a significant amount of income and still pass the means test providing you have a lot of expenses.

Some expenses that might help you pass the means test can include:

  • Large mortgage payment
  • Large car payments
  • Tax obligations
  • Court-ordered payments such as alimony or child support
  • Out-of-pocket healthcare expenses
  • Care for disabled, ill or elderly household members
  • Other expenses incurred due to special circumstances

The means test was specifically designed to limit the use of the Chapter 7 bankruptcy to those individuals who truly cannot afford to repay their debts. The means test deducts specific monthly expenses from the debtor’s current monthly income (the debtor’s average income over the six months prior to filing for bankruptcy) to arrive at the debtor’s disposable income. The more disposable income, the less likely the debtor will qualify for a Chapter 7.

Can Business Debts Be Used?

The means test only applies to bankruptcy filers with primarily consumer debts and not business debts. When taking the means test, your Oakland bankruptcy attorney will first determine whether your income is above or below the median income of the state of California.

If your current monthly income is less than the median income for a household of your size in California, you automatically pass and you’re done and you can file a Chapter 7. However, if your median income is higher than the threshold, your attorney will have to determine if you have enough left over to repay some of your debt.

Find Out Your Eligibility

At Kostopoulos Bankruptcy Law, we can help you apply the bankruptcy means test in order to determine if you qualify for a Chapter 7 bankruptcy. Our founder, attorney Rita Kostopoulos is a certified consumer bankruptcy specialist by the American Board of Certification and our firm was named among the Top 100 Firms by Debt Education and Certification Foundation (DECAF). We can sit down with you and determine if bankruptcy is right for you and if so, which Chapter you qualify for.

Read our Client Testimonials page to see what our clients are saying about our services!

Welcome to Our Bankruptcy Blog for Oakland!

Are you facing a financial hardship? Do you feel overwhelmed by debt? If so, working with Kostopoulos Law Group — Kostopoulos Bankruptcy Law can help! Our team is comprised of caring, experienced and understanding legal professionals who stand ready to ensure that you receive a favorable outcome for your case. We have 10 years of experience handling a variety of bankruptcy-related issues and we may be able to help you as well. If you have been contemplating bankruptcy, we encourage you to work with our team!

Recently, we launched our new user-friendly website, and to correspond with the site, we proudly announce the launch of this new blog. This blog will be updated periodically to provide information and up-to-date content for Oakland residents regarding bankruptcy and our own case results. Check back soon, and in the meantime, contact Kostopoulos Law Group — Kostopoulos Bankruptcy Law and tell us your story. We may be able to help!

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