Chicago Bankruptcy Lawyer Blog

Who wouldn't want to get a $6,500 tax credit this year? Apparently the many folks who can't afford to buy another house, say Chicago bankruptcy attorneys.

In November, the federal government updated its homebuyer tax credit - which was originally meant to help renters buy their first home - to include current homeowners as well. The idea was to encourage homeowners to upgrade to a new house, hopefully stabilizing prices and boosting the sluggish real estate market in the process.

But homeowners aren't biting - mostly because they can't afford to. With unemployment up, home values down and foreclosure looming, homeowners might find better benefits from another strategy: Chapter 13 bankruptcy.

Continue reading "Chicago Homeowners Find an Alternative to Foreclosure With Chapter 13" »

The recession may be good for something after all: getting rid of debt.

On the one hand, tough economic times are making consumers more reliant than ever on credit, say Chicago bankruptcy attorneys. Many of us have been piling new debts on top of the balances we carried before the recession hit. On the other hand, that extreme financial distress is encouraging consumers to do something many of us once thought unthinkable - file for bankruptcy.

And, lo and behold, we're finding out that it works.

Continue reading "More Consumers Turn to Chapter 7 Bankruptcy to Relieve Debt, Say Chicago Bankruptcy Attorneys " »

Somehow our priorities got switched around during the Great Recession. Homeowners who used to prioritize paying their mortgage above all else are now opting to use that money to pay their credit card bills, Chicago bankruptcy attorneys say.

In a way, it's a strategy that makes sense. One-quarter of American homeowners are underwater - meaning they owe more on their house than it's now worth. Consequently, they're wary of putting money into a home with no equity because doing so feels futile. Credit cards, on the other hand, seem to pay off. We can use plastic to buy necessities like groceries, gas, and clothes. And for those of us who have lost our paycheck or just aren't bringing home enough money, credit cards enable us to cover what we can't afford with cash (while our debt grow in the meantime).

But just because one solution seems easiest doesn't mean it's the smartest - or that there isn't a better strategy out there. There are consequences whether you choose to default on your mortgage or your credit.

Continue reading "Chicago Bankruptcy Attorneys See More Americans Paying Credit Cards Instead of Mortgage" »

The early bird gets the worm - and sometimes the tax refund.

Just because tax deadline day is April 15 doesn't mean you have to wait until then to file, according to Chicago bankruptcy attorneys. Sure, most of us look at the filing process as a chore to be put off until the last possible minute. But with all sorts of new credits and deductions added to stimulate the economy, you might want to get it over with early and get some money back in your pocket sooner rather than later, especially if you're in debt.

Continue reading "Chicago Bankruptcy Attorneys Point Out Benefits Of Early Tax Filing" »

Remember the days when lenders would look at your credit score to determine whether you were a risk? It was so much simpler back then.

So what's changed? Social networking was invented. By now, most us use - or are at least familiar with - Facebook. And so are lenders, creditors and employers, who are increasingly looking up applicants online to see what comes up, according to Chicago bankruptcy attorneys.

Obviously, it's not going to bode well for you if they see photos of you kicking back cocktails and dancing on tables at your favorite club. You say it's unfair to judge you for what you do on your own time? You have a point, but wait, it gets worse. They also check out your friends. The idea is, responsible people might choose responsible pals. That means whether or not you get that loan might rest not just on the level of your debt, but on whether or not your best friend forever posted those pics from her bachelorette party.

Continue reading "Chicago Bankruptcy Attorneys Warn Social Networking Could Affect Your Credit" »

Those late payments can cost a lot more than the late fees they result in.

When consumers take longer to pay their bills, businesses have less cash handy to pay their own bills, setting off a cycle that slows down the entire economy, Chicago bankruptcy attorneys say. Statistics agree. Legal firms, for instance, received payments approximately three days later in 2009 than in 2008, according to financial information firm Sageworks. Architectural and engineering businesses waited closer to five days longer, while poor tax preparers and bookkeepers saw wait time for their money increase by 10 whole days.

In most cases, the economy is out of our control. But this might be the one time when you can make an impact on the bigger economic picture. By reducing your debt, you can free up funds to pay your bills on time, bidding adieu to late payment fees and boosting the economy at the same time.

Continue reading "Chicago Bankruptcy Attorney Tips for Avoiding Late Payments" »

The word is out - the $75 billion loan modification program meant to protect homeowners from foreclosure has actually made the situation worse.

Out of the millions of Americans facing foreclosure, Uncle Sam's program modified mortgages for just a few hundred thousand - some of which ended up going into foreclosure anyway. Now critics are saying the program has worsened the crisis by leading us on. Instead of saving money for alternatives to modification or, worst case scenario, for moving to a new residence, many folks kept holding out hope that modification would save them - until it was too late.

Many homeowners simply can't afford to keep their homes - and unless they can get rid of debt or change their lifestyle, a modification that barely lowers their mortgage isn't going to make much difference. Fortunately, that's where Chapter 13 bankruptcy comes in, according to Chicago bankruptcy attorneys.

Continue reading "Chicago Bankruptcy Attorneys Say Government Loan Program Helped Make Foreclosure Crisis Worse" »

Citibank is giving some 4,000 homeowners a very happy holiday.

The banking giant is suspending foreclosures and evictions for people with Citi-owned loans through mid-January. A company spokesman said the aim is to reduce stress during a notoriously hectic time of year, according to MSNBC.com. In the meantime, the bank says it's at work on alternatives to foreclosure.

Unfortunately, helping potentially 4,000 families means only helping a miniscule percent of the millions of Americans that could lose their homes in coming months. For the lucky few, it will certainly provide relief (albeit temporarily), but the rest of us are going to have to take matters into our own hands if we want a home after the holidays.

Continue reading "Some Home Foreclosures on Hold for the Holidays" »

A growing number of Americans aren't going to be home for the holidays this year - and it's not because they're traveling.

Despite news that the economy is under recovery, foreclosures are again on the rise as a growing number of borrowers with good credit and fixed-rate loans default on their mortgages. It's just the opposite of what triggered the recession - when borrowers with bad credit began defaulting on subprime mortgages with adjustable rates.

So what's going on? Homeowners are simply running out of money. Chalk it up to too much financial stress for too long. Some folks were laid off months ago and are still out of work - and out of cash - today. Others are growing weary of bearing the burden of debt. Economic recovery might look good on paper, but families across the country are still suffering from the recession. To make matters worse, the holidays are fast approaching - and that means more spending.

But fortunately there's a way to save your house, whether you've missed your first mortgage payment or the bank is already threatening to foreclose.

Continue reading "Mortgage Defaults Increase Despite News of Economic Recovery" »

Sometimes finding help is as easy as asking for it.

Uncle Sam heard our cries for help loud and clear - in one particular case, at least. With the housing and job markets lagging behind recent economic progress, Congress has just opted to expand a popular homebuyer tax credit and continue handing out unemployment checks.

So what does that mean for you? If you're in the market for a house, you could still be in line for the $8,000 tax break that was originally set to expire at the end of the month. And if you live in a home you've owned for five years or more, you're now eligible for up to $6,500 off your taxes. Without a job? Unemployment will be extended by another 14 weeks (20 weeks in states with unemployment of more than 8.5%).

Once upon a time, Americans lost their homes, cars, possessions and reputations because they were too embarrassed to seek help. But that's changing - help is coming to you. You just have to keep your eyes open.

Continue reading "Uncle Sam Extends Homebuyer Credit, Unemployment Checks " »

The economy is picking up momentum, but it's not necessarily going to be a smooth ride.

Case in point: sales of new homes recently dropped for the first time in six months. Until now, home sales had been on the upswing since the market hits its roughest patch this January.

You can blame the decline on the fast-approaching expiration date for a temporary homebuyer tax break. The credit, which gives qualified homebuyers a tax break of up to $8,000 for their purchase, ends Nov. 30.

That might seem like bad news for wannabe homeowners - and for the economy - but it shouldn't mean the end of opportunity. Right now, Congress is debating whether to extend the credit through next March, fading it out slowly after that. Besides that, mortgage rates are the lowest they've been in years and there is no shortage of affordable homes on the market. And maybe most significantly, there are other ways to save up for a house - including bankruptcy.

Continue reading "New Home Sales Fall While Congress Debates Extending Tax Credit" »

The sweltering days of summer have been replaced by the crisp days of autumn. Unfortunately, the gas prices of summer seem to be here to stay.

Prices at the pump have jumped more than 20 cents in the last two weeks. And experts are worried it could cause consumers to tighten their wallets this holiday season. Not that a few extra bucks at the gas station is going to wreck a budget, mind you, but with most of us already struggling with a mortgage, credit card bills, taxes, medical bills, student loans, etc. sometimes it's the little things that send us over the edge.

If times are tight, maybe you already expect to cut back on holiday expenditures this year. And creating - and sticking to - a budget rather than spending willy-nilly is one of the most important steps to financial freedom because it keeps you from spending more than you earn (and thus relying on those evil creditors). But you shouldn't have to give up all your fun.

Continue reading "Bankruptcy Can Reduce Pain of Rising Prices" »

The economy might be recovering, but we're not out of the woods yet - especially when it comes to foreclosures.

Even though a $75 billion government anti-foreclosure program recently reached its goal of helping 500,000 folks get loan modifications, that's only one-eighth of the 4 million homeowners it originally set out to assist. And while some banks have helped more than one-third of eligible homeowners with the program, others like Wells Fargo and Bank of America have helped just 20 and 11 percent, respectively.

Now consider that millions more are facing foreclosure but ineligible for loan modification. Still, as many as half of those who receive a modification end up defaulting anyway. It's depressing stuff. But luckily, there's another government program that can save your house. It's been around for years, has been proven to work again and again and doesn't require your lender's approval - it's bankruptcy.

Continue reading "Loan Modification Program Hits Target, But Is It Enough?" »

If you were going to modify your mortgage, common sense says you'd make it more affordable, right? Well, it seems that some lenders don't agree.

More than half of mortgage modifications have either made no change or actually made loans more expensive, according to this story in USA Today. How? It turns out that lenders are adding late fees, property taxes and other penalties into the principal during the modification process - in some cases, making payments bigger than before.

Of the mortgages modified from the beginning of the 2008 through March 31, 2009, 27 percent were unchanged and another 27 percent were actually made higher.

As you can imagine, this is leading to a shocking number of second-time defaults - up to 40 percent. Many borrowers became delinquent because of pre-existing debts or loss of income from unemployment and they just don't have the flexibility to cover rising payments, even for just a little while.

Despite the federal government's $75 billion initiative, mortgage companies are continuing to do what works best for them - not homeowners.

Continue reading "Some Mortgage Modifications Have Hidden Fees" »

Contrary to popular belief, I don't think America's biggest obsession is with cars, Starbucks or American Idol. It's with something a lot closer to home - housing prices.

For the last several years, neighborhoods all over the nation have been in a mass panic over home values. Mine is no exception. When a nearby house goes for sale, everyone grabs a flyer to check out the asking price and compare it to their own properties. I have a friend who checks Zillow.com - the site that "zestimates" your home value - at least once a week. Home values are the topic of discussion everywhere from churches to bars.

As for me, I tune it all out. Why? Because housing prices don't really matter.

Sure, it probably sounds radical, but if you know anything about the stock market, then you'll understand my point. Price is only relevant if you plan to sell today. Like shares in a company, a home's true value is about more than just the current price - it's also about the future. If you plan to stay put for a few more years, chances are that you'll recover much of the value you lost when the most recent real estate bubble burst. If you stay in your house even longer, you'll start to see some gains again.

Continue reading "Why Debt Matters And Home Value Doesn't" »