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Author: obrien
Careful borrowing can mitigate the consequences of a bankruptcy

On Behalf of O’Brien Law Firm, LLC

Posted on: November 15, 2018

Mississippi residents sometimes put off pursuing bankruptcy because they believe that filing a Chapter 7 or Chapter 13 petition damages credit ratings for many years, but a Lending Tree study reveals that four out of 10 bankruptcy filers have credit scores of 640 or higher after just one year. The figures also suggest that a few years of careful borrowing can counteract the impact of a bankruptcy.

Bankruptcies appear on credit scores for up to 10 years, but that does not mean that they significantly affect borrowing for this amount of time. Recency is a crucial factor when credit is evaluated, and consumers who avoid falling into the traps that led to their financial problems in the first place can expect to be offered similar interest rates to individuals who have never filed for bankruptcy within a few years.

However, consumers who have filed a bankruptcy petition may be wise to wait at least two years before applying for a major loan. The additional borrowing costs on a $15,000 automobile loan taken out less than a year after a bankruptcy are $2,171 according to the Lending Tree study, but this figure falls to just $799 a year or so later.

Attorneys with debt relief experience may be familiar with the many misunderstandings and myths surrounding bankruptcy, and they could point out to individuals with unmanageable financial situations that their outlooks are unlikely to improve without some sort of action. Attorneys could also explain to their clients that the nation’s bankruptcy laws were written to give consumers the opportunity for a fresh start and not to only protect the interests of lenders.

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There can be a way out of debt

On Behalf of O’Brien Law Firm, LLC

Posted on: November 6, 2018

Debt for many residents of Mississippi is a way of life. However, when it continues to increase and cannot be whittled down, debt becomes burdensome. It is not only the economic strangle-hold of paying interest without seeing the principal go down; there is a stigma to carrying debt that may not be deserved. While some people acquire debt through irresponsible lifestyle choices, many others do so only when there is no other option.

Financial experts recommend a thorough understanding of debt and why it was acquired before a plan to get out of it can be contemplated. If debt continues to grow, a major lifestyle change may be in order. If the debt was the result of a past incident or necessity, such as a medical emergency or student loans, there may be a way to climb out of the hole. In either case, a realistic cash flow appraisal of how much money is coming in and where it goes must be made.

The bottom line is that there must be disposable or discretionary income remaining after all minimal bills are paid each month to have a chance to pay off the debt. If there is simply no way to come up with the money to pay down the existing debt, it may be possible to negotiate a reduction with creditors through a debt relief plan.

If that is not possible, considering a personal bankruptcy may be appropriate. Bankruptcy laws were enacted under the U.S. Constitution guidelines to provide debtors with a chance at a fresh start. A bankruptcy lawyer may help explain whether a Chapter 13 or Chapter 7 filing is appropriate under the circumstances of the case.

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How bankruptcy impacts your savings and checking accounts

On Behalf of O’Brien Law Firm, LLC

Posted on: October 30, 2018

Numerous people throughout Mississippi file for bankruptcy every year. Many of their stories remain untold because most of the time, bankruptcies with larger companies end up making headlines. For example, three Mississippi hospitals, along with a parent company in Tennessee, have had to file for bankruptcy recently, citing over $70 million in debts.

In the event you ever need to file for bankruptcy, you will undoubtedly have some questions. It is natural to feel concerned, particularly about how this action will affect your bank accounts. There may still be quite a bit of money in your checking and savings accounts, and you can rest assured that money will remain safe.

There is a chance your bank may not hear about the bankruptcy

You should not experience any issues banking with the same institution as long as your debt did not come from the bank. If you defaulted on a loan or racked up massive amounts of credit card debt from a bank card, then your bank will receive a notice from the court about you filing for bankruptcy. When this occurs, the bank will most often “set off” any accounts you have with it. This is legal because those funds are already within the bank’s possession. It is vital to remember that not all banks do this. This is why you need to inform your lawyer of all bank accounts you have so you can take action to try to protect all funds.

However, when your debt did not come from your bank, there is a chance the institution will not even hear about your bankruptcy. In this case, no notice will go out to your bank. Additionally, customers who only have simple checking and savings accounts typically do not receive credit checks from the bank. You will be able to retain all your bank accounts and the money in them.

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Gender income disparity also evident in debt disparity

On Behalf of O’Brien Law Firm, LLC

Posted on: October 30, 2018

Debt can be a significant source of stress for both men and women in Mississippi. However, data collected by Comet Financial show that women carry higher debt loads than men on average. The average student loan balance for women was $30,716 while men owed amounts that averaged $24,323. Car loans produced another disparity, with women owing an average of $12,183 compared to $10,371 for men.

Credit card debts followed the same pattern. While women carried an average outstanding balance of $6,559, men’s credit card debts averaged $5,163. Medical bills hit women harder as well. Their average medical debts were $1,110 more than that for men. The gender wage gap presents itself as the likely contributor of higher debts for women. In general, female workers only earn $0.72 to $0.82 for every $1 paid to male workers.

Regardless of gender, people have a strong interest in paying down their burdensome debts. To accomplish this, they might scrutinize their budgets for expenses that can be cut so that money can be redirected to debt balances. For many people, a second job has the potential to bring in hundreds of extra dollars per month that could go toward paying off loans.

When circumstances have forced a person so far into debt that keeping up with loan payments and living expenses appears impossible, speaking with an attorney about bankruptcy might reveal a solution. After reviewing someone’s financial situation, an attorney might recommend filing for Chapter 13 bankruptcy. This action might result in an adjusted payment plan that a debtor can keep up with every month. An attorney could prepare the financial disclosures necessary for petitioning the court. Legal support could allow a person to halt creditor harassment and potentially convince a court to discharge a portion of debts after the completion of a payment plan.

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Women and credit card debt

On Behalf of O’Brien Law Firm, LLC

Posted on: October 27, 2018

Some women who are living in Mississippi may struggle more than men to pay off credit card debt. A study found that more than one-quarter of women around the country said they were not confident they would be able to pay all their bills in a month compared to 14 percent of men. Furthermore, just under one-third of women who had credit cards said they had paid the balance in full one time or less in the past six months compared to 20 percent of men.

There are a number of reasons for this. A major problem is that their median wages are 80 percent of what men make, so it takes them longer to get out of debt. Single mothers in particular struggle because they often do not make enough to make ends meet and must rely on credit. This is the case even in a time when the economy is strong and unemployment is low. Many women may also be less informed about finances than men. Women’s magazines do not tend to write about financial literacy as much as magazines aimed at men, and women’s clothing stores may encourage using credit to get discounts.

However, credit card debt is on the rise for everyone. WalletHub reports it has reached its second-highest point since the 2008 financial crisis ended.

People who are struggling with credit card debt might want to discuss debt relief options, including bankruptcy, with an attorney. Credit card debt can be discharged in a bankruptcy, but other types of debt such as student loans and child support generally cannot be. It might be possible to create a budget that helps pay off debt, or a person may be able to get a loan or consolidate the debt.

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