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Orlando Bankruptcy Law Blog

Credit card debt problems vary from person to person

The recession forced people to stop and think about their personal finances. One area of great concern for those in Florida and elsewhere was credit card debt. For many people, credit card debt led to serious financial issues that were difficult, if not impossible, to overcome on their own. Even with a revival of the economy, some people may be unclear about how much credit card debt is too much or even whether they have a problem to address.

The confusion may stem from not understanding the numbers. People may falsely assume that having a certain amount charged on a credit card may indicate a credit card debt problem. However, the indicator may not be the dollar amount charged, but how that dollar amount relates to the total line of credit available. 

Home foreclosure action taken against woman working on house

The housing crisis led a lot of homeowners to seek ways to keep the roof over their heads. A loan modification was one method that was used to avoid home foreclosure in Florida and across the country. However, it has come to light that some people who were in the midst of the loan modification process were foreclosed upon anyways, even being locked out of homes by the banks they were trying to work with.

One woman recently came home to find a padlock on the door of her home. The home in question had been involved in a fire, and the place was currently being rebuilt by a construction crew. The woman contends she was simultaneously dealing with the bank concerning a loan modification and says she was never underwater. According to her, she owns the home, and it was not in foreclosure.

Chapter 7 debt relief may not mean losing one's home in Florida

People naturally do not like the feeling of being trapped, whether physically or financially. Hence, it is important for Florida consumers to be wary of taking on too much debt. However, despite good intentions, many people find themselves in difficult financial straits and in desperate need of debt relief.

One option to obtain relief from debt is through a Chapter 7 bankruptcy. However, many people are hesitant to take this route because they are afraid of losing some of their most cherished possessions. What many do not realize is that there are many ways consumers can avoid having many possessions being liquidated during a Chapter 7 proceeding. Understand the applicable laws can help in achieving the best outcome.

Family vaction canceled because of credit card debt

Everybody deserves a vacation every once in a while. However, vacations are not usually cheap, and if one does not have his or her finances in order, a vacation may not be possible in Florida or in any other state. This is what one man found out just as he was planning a summer vacation with his family. While planning, he discovered that it would not be financially possible for the family to take a vacation due to overwhelming credit card debt.

It was June 2010 when the man was forced to tell his wife that they could not afford to take the family vacation they had planned. Not only were all five of the man's credit cards completely maxed out, he also had no cash available. This was surprising to the man since he earned a high income working as an IT manager. He usually brought home approximately $120,000 per year.

Bank charged with driving people into home foreclosure

During the recession, millions of homeowners turned to their banks to find a way to keep their homes. One way those affected found as a means of avoiding home foreclosure was to seek a loan modification through the existing mortgage lender. Loan modifications were successfully achieved by some Florida homeowners,  while others lost their homes anyways. One bank was recently accused by the Consumer Financial Protection Bureau of essentially causing thousands to suffer though home foreclosure unnecessarily.

Flagstar Bank is said to have stalled loan modification applications, and these delays in processing the applications led to thousands of foreclosures. Apparently, roughly 25 bank employees were responsible for dealing with 13,000 loan modification applications. The bank also stands accused of not letting homeowners know their applications were incomplete.

Credit card debt still problem in Florida and elsewhere

The financial crisis over the last number of years hit all areas of the country heavily. Florida, in particular, saw a rise in home foreclosures and other financial difficulties. Moreover, credit card debt and other debts wreaked havoc on the average household. As the recession waned, people found ways to deal with these financial issues. However, it now appears that credit card use -- and the debt that typically comes with it -- is on the rise again.

According to a new study, the debt related to credit card use hit a high at the end of June. Analysts caution that this rise was for the second quarter of this year and may not actually represent a major rise in credit card debt again. However, another study recently revealed that 20 percent of Americans seem to be living beyond their means. Further, they have admitted that they would have to make changes to their lifestyle if they were forced to stop use of credit cards.

Tips to know if you are on the verge of home foreclosure

The home foreclosure process is often shrouded in mystery and fear. For those in Florida who have struggled to keep up financially and who may now be on the verge of home foreclosure, there are certain tips and pieces of advice to follow. Each home foreclosure is different, but if you are aware of the law and have the right guidance, you can feel prepared to deal with what may lie. Being aware of your options can help you feel confident in your decision.

One thing to always do is respond to any court summons that you get. Responding and communicating is the only way to know exactly what is unfolding. Another tip is to not just jump at the chance for a short sale as a quick or easy way out. There are tax implications and you will want to be aware of other options first.

Chapter 7 bankruptcy advice not to be ignored

There are very strict laws and regulations surrounding the bankruptcy process. There are also just as many myths and a massive amount of misinformation surrounding them. Anyone in Florida who is considering filing for Chapter 7 bankruptcy may benefit from knowing what not to do as much as understanding what a person should do when filing a petition.

One important piece of advice for someone who is about to file for bankruptcy is to not go out and rack up more debt. Your spending habits will be analyzed, and if you run up new debt after having started the process, this action can be seen as fraudulent activity. These actions can even lead to a bankruptcy case being tossed out of court and debts remaining as they are.

Divorce may make Chapter 7 bankruptcy more complicated

For many people, divorce and bankruptcy may be the most stressful and overwhelming times they ever encounter. When both are or could occur at the same time, Florida couples may be even more overwhelmed and confused about their future. It is important to know how a divorce may affect the process of filing Chapter 7 bankruptcy.

When Chapter 7 bankruptcy is filed and approved, certain debts are discharged. However, those in the midst of divorce should be aware that child support and alimony are not debts that can be discharged like credit card or other debts. Before filing and knowing a divorce is imminent, it is important to know how debt will be divided and what can be discharged.

Jump in home foreclosure rates shows recovery not too strong

While the recession may technically be over and the economy and jobless rates are said to be improving, there are certain economic indicators that show there is still room for more recovery. One area of concern is the state of the housing market in Florida and other states. While the numbers are not bleak, there is still cause for concern when it comes to home foreclosure.

A recent report indicated that there over 116,000 properties that were currently in the midst of the home foreclosure process in August. This means the rate of foreclosure activity was noted to be up 7 percent compared to July. Although that was a monthly increase, it was still down from a year ago.

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