I really wanted to spend some time
today talking about Chapter 13 Bankruptcy: This form of bankruptcy allows
a person to consolidate the debt while making convenient monthly payments to a
trustee. A payment plan is proposed which repays the debt over a three to five
year period. The amount of the monthly payment and the length of the
repayment plan is based upon the following factors:
- Monthly income of the person
- Monthly expenses of the person
- Amount and nature of the debt
Note: The proposed payment plan may
increase to an amount that is not affordable to the consumer
The most common uses of Chapter 13
involve:
- Repayment of mortgage arrears (back amounts owed) home
- Restructuring of auto loans to save a vehicle
- Assistance with Parking Tickets
- Student Loans
- IRS Repayment
Secured debts are paid 100% on the
dollar, while unsecured debts may be paid as little as 10% on the dollar. A
person receives a discharge under Chapter 13 once the payment plan is
completed. Discharge is “NOT” to
be confused with “Dismissed”
Note: A Discharge means that you have complete your Chapter 13 or Chapter 7
Bankruptcy,A Dismissal means that you have “NOT” completed your Bankruptcy.
Some law firms do not charge all of their
fees upfront; the only fee that may be required is the court cost. Once you
agree to the services to be performed, the fees of the law firm and sign the
contract, the firm then request that the fees are included into the proposed
plan, the fees are approved and awarded by the judge.
Example:
Attorney Fees: $3,500.00
Retainer Fee $350.00 (Varies)
Judge Awarded Fees $3,150.00 (Remaining
Balance This Is The Amount Submitted To The Trustee, Actually The Consumers New
Additional Debt)
Court Cost of $350.00 (Varies)
Month Payment: $500.00 Per Month (Example)
(The Order of Payment)
a. Trustee Payment (6-10 Percent of the monthly trustee payment)
b. Law firm Fees
c. Creditors
Some consumers who have large amounts
of debt are looking for a way out and aren't concerned with the details of
the law firms contract they just signed and agreed to. There concern is saving their home and
vehicle. The success rate of consumers completing a Chapter
– 13 bankruptcy is very low. A lot can happen during those 3-5 years; consumers could lose their jobs, maybe hours were cut, something effects the income and consumers cannot afford
to make the planned monthly payment and now your bankruptcy is dismissed (For
Failure To Make The Planned Payments).
When a consumer receives a
dismissal notice creditors are privileged to that information. Some law firms consumers trust to represent them are now
amongst the list of creditors they owe money to. In Attorney client contracts this is called (Disclosure of Compensation for Attorney Debtor Fees)
Some law firms will attempt to hold consumers contractually obligated to pay what
ever amount is remaining in attorney fees and making lots of money collecting on their own dismissed
bankruptcy fillings. If a law firms hires just one highly skilled collector, that individual can collect upwards of
$10-$15K in cash every month now multiply that by 4 - 5 debt collectors each
averaging $10-$15K. and the firm is paying out 10-15 percent in commission. Not to mention-the collector getting the debtor to
refile another case is not uncommon.
Is it possible that law firms could start to look at debt collectors as ....paralegals, customer service representatives, accounts receivables management,sales and case builders, etc....
The Hybrid Debt Collector