Consumer Bankruptcy and Foreclosure



As popular as bankruptcy is today, it's nothing new, going at least all the way back to the Bible's Book of Deuteronomy, which simply states: "At the end of every seven years you must cancel debts." If only it were that divinely simple.

All these centuries later, a bankruptcy filing still offers forgiveness for many debts, or at least provides a payment plan to make them more affordable. But rules and regulations can rain down on an applicant like a plague of frogs.

Bankruptcy can be a highly effective tool for getting back on your financial feet. But it's a serious step with long-range consequences, and financial advisers generally say it should be considered only as a last resort. Used unwisely, it can do more harm than good.

Keep in mind another, more sobering quote from Deuteronomy: "There will always be poor people in the land."

Several types of bankruptcy are available, but most consumers file under Chapter 7 or Chapter 13.

These two bankruptcy flavors are markedly different in how they work and in their outcomes.

Generally speaking, Chapter 7 is for people so mired in debt that there's little chance they'll ever be able to pay what they owe. If the filing comes to a successful conclusion, many of the most crippling debts - including those owed to credit card companies - could be erased and a fresh start begins.

However, that fresh start might be without car, home and other key possessions. Although much is protected in a Chapter 7 bankruptcy, the court trustee who oversees a filing has the right to seize some belongings and turn them into cash for creditors.

A Chapter 13 filing, sometimes called a wage-earner bankruptcy, is more complex. It's for people who can pay what they owe - or at least some of it - but need extra time to make good on the debts.

One of the main reasons to use a Chapter 13 filing is that it can stop a foreclosure. This type of bankruptcy demands not only a steady income but also the discipline to stick with a court-approved payment plan for several years. Only about a third of Chapter 13 filings are seen through to completion.

No matter which type of bankruptcy is filed, there's one common key to a successful outcome. Just as your mother taught you: Honesty is the best policy, and not just for moral reasons. The people that work in this field are very good at detecting an avoidance of the truth.

If you're caught fudging the numbers or trying to hide property, a bankruptcy can be canceled, possibly leaving you in worse financial shape than when you filed. There's a much better chance of being caught at this than being caught cheating on your taxes.

Foreclosure help for Miami-Dade families



Miami, Florida, like many other US cities, is suffering from a drastic rise in home foreclosures. According to foreclosure filing statistics from the Miami-Dade County Clerk of Courts , county foreclosures in 2009 are up 62% since last year.

Besides Help for Homeowners Program and Homeowner Affordability and Stability Plan offered by the Federal Government, the City of Miami's Department of Community Development Foreclosure Program is assisting eligible, low income homeowners that are facing foreclosure within the city limits

The program will supply qualified applicants with $7,500 to assist homeowners pay for late fees and delinquent payments associated with their home mortgages.

The program is only available to property owners that posses one property and, if eligible, are receiving foreclosure prevention counseling from a HUD-certified counseling agency. There are six other qualifiers home owners must meet to be eligible for this program. To view the complete list of requirements visit the City of Miami website .

Applications are currently available at the Department of Community Development, 444 SW 2nd Ave., Second Floor, Miami, FL 33130 and on the web for downloading at:


Applications will be accepted at the Department of Community Development. Assistance will be provided on a first-come, first-ready, first-served basis. For additional information on the program, please call 305-416-2016 or 311.