Author: grapevinelegal

Most of you know that acquiring secured credit cards after your bankruptcy discharge is a great way to rebuild your credit rating. There are two other methods I’d like to discuss now. One other method is called a Credit Builder loan. This is an agreement with a creditor to make regular payments to a savings […]

Continuing on an early post regarding derogatories on your credit report, another misconception is that a debt has been “charged off” and the account balance is zero.  This does not mean that you no longer owe the debt.  This is an accounting term meaning that the debt is seriously delinquent (typically after 6 months) and […]

In a previous post I discussed reaffirmation agreements and how most people can keep their car through a bankruptcy. Now I need to add one caveat: Can you afford it? Many people have car payments that may have contributed to their insolvency. Most experts agree that your car payment, including your insurance, should not be […]

Every so often I get a call from a past client who tells me that they cannot refinance their home because they did not reaffirm their mortgage. This is untrue. You can refinance your home without reaffirming. It’s helpful to know that nearly all attorneys will not endorse a mortgage reaffirmation, nor are judges likely […]

One common misconception about filing a bankruptcy is that it eliminates the debt. This is not technically true. A bankruptcy eliminates liability for the debt for the filing party. But if there are co-signers for the debt, whether that be for a car, student loan, credit card, or what have you, the co-signer remains liable […]

If you own property and have a creditor judgment they you probably have a lien on your property. Even if you file bankruptcy and the debt is cleared the lien remains. This has to be removed by a separate legal procedure. DISCLAIMER: The materials available at this web site are for informational purposes only and not […]

The bankruptcy ‘Means Test’ is a way for the Court to compare your income and expenses with the averages for the number of people in a household and the median income in your region for that family size. If you are above median income there is a rebuttable presumption that you should be in a […]

Once in a while I’ll get a call from a past client that a creditor is calling about a debt the existed prior to their filing but for some reason was unlisted in their schedule of creditors.  If their case resulted in a no-asset discharge then the creditor’s debt would likely be considered discharged as […]

Many people contemplating filing for bankruptcy have had many months, perhaps even years, of collectors using various tactics to recover debt.  You should be made aware of your rights against these collectors and the many ways they can be liable for abusive or intrusive tactics.  Yes, that’s right, you may have the right to file […]

One of the common misunderstandings between a Chapter 7 and Chapter 13 is that many people believe you can ‘keep things’ in a Ch.13 payment plan whereas in a Ch.7 you must surrender possessions such as a home or a car. This is most often untrue. Both Federal and State bankruptcy laws provide schedules of […]