Top Ten Things Your Bankruptcy Attorney Hates To Hear

10.  "I know I told you that I only expected a small tax refund, but my
accountant says I'm getting back a large refund! Isn't that great?" No, its not.
Your attorney can protect your property, but unexpected large cash sums are difficult to
protect during a bankruptcy. Generally it is advisable to receive (and spend) your income
tax refund prior to filing your bankruptcy case.
 
9. "Before I came to see you I paid a debt counselor a lot of money." Individuals
can lose thousands in fraudulent debt counseling. While there are legitimate programs
that can obtain positive results, many are just plain scams and end up making matters
much worse for you and your family.
 
8. "I cashed out my retirement account and paid off my credit cards."
Retirement accounts are generally protectable assets in a bankruptcy and beyond the
reach of most creditors, while credit card debt is typically the easiest type to discharge.
 
7. "I paid off my car with my tax refund." Having too much equity in a vehicle
will result in payments to the bankruptcy trustee. In other words you first paid for your
car, and then you must pay the trustee for the non-exempt equity in the car. That means
you pay TWICE for the same car!
 
6. "I repaid a loan to a family member before coming to see you." Payments to a
family member prior to filing bankruptcy is a big mistakes. He or she may be forced to
turn over the payment to pay your creditors. Of course you want to pay your family
member, and you can certainly do so, but let a qualified professional help you do it the
right way.
 
5. "I transferred my house/car/etc. to my mother to protect it." Another
regrettable mistake. By trying to protect an asset without your attorney's help you could
actually strip any protection it might otherwise be entitled to.
 
4. "I took out a payday loan after our consultation to pay for the bankruptcy."
Incurring a debt with no intention to repay is not only non-dischargeable in bankruptcy, it
could land you in criminal trouble!
 
3. "I went on a shopping spree with my credit cards before I came to see you."
This seldom happens because most people have better common sense. As a general rule
the shopper will be paying that money back to the credit card company.
 
2. "I just got my chapter 7 discharge and I found out my grandmother left me a
large inheritance." This news is sad in many ways; not only is the loss of a loved one a
tragic event, but the bankruptcy court may order you to turn over the inheritance.
 
1. "I didn't tell my attorney this, but. . ." The worst news of all! Always answer
your attorney's questions honestly and completely. Hidden assets or transfers can
prevent you from receiving a bankruptcy discharge and may result in federal criminal
charges.

 

What Can You Keep When Filing for Bankruptcy?

This is a quick list of the things you can keep when filing for bankruptcy (Depending on the type of exemptions you qualify for and the amount of equity you have).

1.       Your house

2.       Your Car(s)

3.       Your Bank Account(s) – including Savings Accounts

4.       All Retirement Account(s) – Yes, 401ks, 403bs & IRAs.

5.       Your Personal Belongings

6.       Stocks, Bonds and Mutual Funds

7.       You’re Sanity!

Call the office anytime to find out more by dialing toll free 1-866-705-7584 or e-mailing info@fnlawfirm.com

Americans' net worth sinks 17.9%; spending pullback likely

As our economy corrects itself after years of mismanagement  by our leaders in government we are confronted with some obvious facts.  The Federal Bailout is helping the  banks, investment firms and the most trusted firms on Wall street, but what about our working class. The American working class is feeling the crunch harder than ever.  The Bankruptcy attorneys at the Law Firm of Fears and Nachawati are standing by to assist you during this troubling time.     

By Barbara Hagenbaugh, USA TODAY

Americans' net worth plunged a record 17.9% in 2008 as the value of their homes, stocks and other assets dropped swiftly, the Federal Reserve said Thursday in a report that did not bode well for consumer spending and the overall economy this year.

With net worth dropping so much, consumers are likely to focus on saving, not spending, as they realize they can't rely on their homes and stock portfolios as ever-rising sources of income, says RDQ Economics senior economist Conrad DeQuadros.

Such saving, while good in the long run, will likely prolong the economic slump. Consumer spending drives more than two-thirds of U.S. economic activity.

"This does point to further weakness in consumer spending going forward," DeQuadros says.

Retired engineer Gerald Sullivan, 58, says he isn't eating out as often or going on vacation now that he's seen the value of his 401(k) and his home sink.

"I was confident before that I was doing fairly well," says Sullivan of Venice, Fla. But, "I have no chance at all of recouping the money by the time I need it."

U.S. net worth, a measure of households' assets minus their liabilities, such as debt, was $51.5 trillion in 2008, the lowest since 2003. The record annual drop in net worth, the first since 2002, accelerated as the year progressed. In the fourth quarter, household net worth dropped 9%, the biggest decline since quarterly records began in 1951, the Fed said.

Other details from the report:

•The value of household real estate fell for a second-consecutive year in 2008, declining 10.5%, the biggest drop on record. At $18.3 trillion, the total value of U.S. homes was the lowest in five years.

•Stock market wealth plunged a record 39.9% in 2008 to $5.5 trillion, the lowest since 1996.

•Corporate profits fell 10.8% in the September-December quarter and were down 8.8% for the year as a whole.

Consumers have been cutting back spending. In February, retail sales fell 0.1% after a 1.8% increase in January, the Commerce Department said Thursday.

"March will see a deeper, and broader-based, decline in consumer spending that will be repeated over subsequent months," Mission Residential chief economist Richard Moody says.

If you are receiving calls from creditors or facing foreclosure contact the Bankruptcy Lawyers of the Law Firm of Fears & Nachawati at (214) 890 - 0711 or info@fnlawfirm.com

Don't let YOUR RETIREMENT slip through your hands

These are tough times on the financial front. However, you don't have to watch your retirement hopes slip away from you.  You’ve been planning for your future and saving for retirement. But what do you do when your expenses outgrow your income? Is it wise to make early withdrawals from your retirement to pay for your expenses today? Many retirement plans penalize for early withdrawal. According to IN.gov, taking a lump sum distribution. “gives you the freedom to do whatever you want with the money.  But beware: at the time you cash out, you will owe all applicable taxes. If you're younger than 59-1/2, you'll pay a 10 percent penalty plus state and federal income tax on the full amount of your distribution (including the penalty.) This choice may also affect your ability to receive unemployment compensation . . . Also, if you are vested, you will lose your right to a lifetime pension benefit.” 

If you are overwhelmed by debt and cannot seem to catch up on your bills it is important to know there are alternative solutions to tapping into your retirement. If you are not ready to empty your nest egg solely to survive today and potentially exhaust your funds for tomorrow you may want to consider bankruptcy. For more information on bankruptcy please contact Fears | Nachawati Law Firm, Phone (214) 890-0711, 4925 Greenville Avenue, Suite 715, Dallas, Texas 75206.

401(k) plans if spent today - what's in your future?

 

 

The Dallas News featured a September 3, 2008 Washington Post article that reported how many people are feeling the need to tap into their 401(k) plans just to survive.   The article stated that, “Hard economic times are driving some people to take actions that could jeopardize their futures”. The article noted that there is an increase in people tapping into their 401(k) plans to supplement their financial needs, but that people who do are jeopardizing their long term retirement plans. A person must show severe financial need. Moreover, they would be subject to a 10% penalty tax if younger than 59 ½ and their account would be frozen for six months after the withdrawal wherein neither the employee nor employer may contribute.  People who are feeling the effects of this difficult economy, who are being inundated with bills that have now surpassed their income, should be aware that in most circumstances their 401(k) is protected should they need to file for bankruptcy. There may not be a need to diminish your retirement savings to survive in today’s economy. For more information on bankruptcy – who it’s for and what assets may be protected please contact Fears | Nachawati Law Firm, Phone (214) 890-0711, 4925 Greenville Avenue, Suite 715, Dallas, Texas 75206.