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Solve Your Money Troubles
Debt, Credit & Bankruptcy
Margaret Reiter, Attorney and Robin Leonard, J.D.
April 2011, 13th Edition
Repair your credit and get out of debt with the complete guide to solving your money troubles
Feeling overwhelmed by your debts? If you're ready to regain your financial freedom, feeling the squeeze of the housing bust or simply get smarter about managing your money, you'll find everything you need in this complete guide. Solve Your Money Troubles shows you how to:
- prioritize debts
- create a budget
- negotiate with creditors
- stop collector harassment
- challenge wage attachments
- contend with repossessions
- respond to creditor lawsuits
- qualify for a mortgage
- rebuild credit
- decide if bankruptcy is the right option for you
To make the process easier, Solve Your Money Troubles includes sample letters to creditors which reflect changing financial times, as well as worksheets and charts to calculate your debts and expenses and help you create a repayment plan. The 13th edition covers the new federal Credit CARD Act, as well as expanded information on dealing with foreclosure and the new federal government loan modification programs.
LEGAL UPDATE: Chapter 15
“This book is a must-have, even for people who don’t have debt problems.”
-Los Angeles Times
“One of the best books you can buy on all aspects of personal debt.”
-Michael Pellecchia, Nationally Syndicated Columnist
“This book will give you strength and the skills needed to respond to bill collectors and to rebuild your credit….”
-New Orleans Times-Picayune
- Worksheet 1: Monthly Income
- Worksheet 2: Your Debts
- Worksheet 3: Property Checklist
- Worksheet 4: Property Exemptions
- Worksheet 5: Daily Expenses
- Worksheet 6: Monthly Budget
- Form 1: Letter to Collector or Creditor to Make Payment If Negative Information Removed/Account Re-aged
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Margaret Reiter
Attorney Margaret Reiter was a consumer investigator with the Los Angeles County Consumer Affairs Department for four years and worked for 20 years as a consumer prosecutor with the California Attorney General's Consumer Law Section. She has investigated or prosecuted businesses engaged in consumer fraud including foreclosure "consultants," mortgage lenders, debt settlement companies, vocational schools, living trust mill/annuity sellers, prepaid phone card companies, and tax refund anticipation loan providers. She has drafted consumer protection legislation, advocated for stronger consumer protection before regulatory agencies, trained other prosecutors and investigators, and prepared consumer alerts and spoken to the public on Truth-in-Lending, telephone slamming and cramming, truth in phone billing, bankruptcy, and vocational schools, among other consumer topics. She's also published articles on bankruptcy and credit repair on Nolo's Bankruptcy Site.
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Robin Leonard
Robin Leonard is a former attorney who gave up the law to become a rabbi. She is the author of many Nolo books including Solve Your Money Troubles: Debt, Credit & Bankruptcy and Credit Repair. She also helped write How to File for Chapter 7 Bankruptcy and A Legal Guide for Lesbian and Gay Couples.
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1. How Much Do You Owe?
- How Much Do You Earn?
- How Much Do You Owe?
2. If You’re Married, Divorced, or Separated
- Community Property States
- Common Law States
3. Debts You May Not Owe
- You Are the Victim of Misrepresentation or Other Fraud
- The Seller Breached a Warranty
- Your Car Is a Lemon
- Home Mortgage Contracts
- You Canceled a Contract
- You Received Goods You Didn’t Order
- You Don’t Want Goods on Layaway
- Canceling Automatic Deduction Payments
- You’ve Been “Slammed” by a Phone Company
- You’ve Been “Crammed” by a Phone Company
4. Prioritizing Your Debts
- Secured and Unsecured Debts
- High-Priority Debts
- Medium-Priority Debts
- Low-Priority Debts
- Review Your Worksheets
5. Negotiating With Your Creditors
- Communicate With Your Creditors
- Rent Payments
- Mortgage Payments
- Utility and Telephone Bills
- Car Payments
- Secured Loan Payments
- Insurance Payments
- Medical, Legal, and Other Service Bills
- Child Support and Alimony Payments
- Income Taxes
- Student Loan Payments
- Credit Card Payments
- Negotiating When the Creditor Has a Judgment Against You
- Pay Off a Debt for Less Than the Full Amount
- Don’t Write Postdated Checks
- Beware of the IRS If You Settle a Debt
6. Finding Money to Pay Your Debts
- Increase Your Income
- Get Some of Your Tax Refund Early
- Sell a Major Asset
- Sell Smaller Items
- Cut Your Expenses
- Withdraw Money From a Tax-Deferred Account
- Apply for Government and Agency Help
- Consider a Home Equity Loan
- Use the Equity in Your Home If You Are 62 or Older
- Borrow the Money
- Get Your Tax Refund Fast
- What to Avoid When You Need Money
- Avoid Bank and Credit Union Prepaid Cards With Advances
7. What to Expect When You Can’t Pay Your Debts
- Eviction
- Repossession
- Tying Up Property Before a Lawsuit
- Lawsuits
- Lawsuits Against Third Parties Who Hold Your Assets
- Liens on Your Property
- Jail
- Bank Setoff
- Intercepting Your Tax Refund
- Loss of Insurance Coverage
- Loss of Utility Service
8. Reducing Mortgage Payments and Dealing With Foreclosure
- Foreclosure
- Overview of Nonjudicial Foreclosure
- Judicial Foreclosures
- The Sale
- Defenses to Foreclosure
- Watch Out for Deficiency Balances
- Alternatives to Foreclosure
- Short-Term Informal Payment Plans
- Federal Programs for Homeowners Facing Possible Foreclosure
- Mortgage Workouts
- Refinancing
- Selling Your House
- Short Sales and Deeds in Lieu of Foreclosure
- Other Programs to Help Homeowners
9. Dealing With Debt Collectors
- Creditor or Collection Agency?
- Negotiating Secured Debts
- Before Your Debt Is Sent to a Collection Agency
- When Your Debt Is Sent to a Collection Agency
- Illegal Debt Collection Practices
- How to Fight Back If a Collection Agency Violates the Law
10. Choosing and Managing Credit Cards
- The Credit CARD Act
- Credit Card Traps
- Trouble Paying Your Bill
- Using Credit Cards Wisely
- Cards You Didn’t Request
- Rejected and Blocked Cards
- Liability If Your Credit Card Is Lost or Stolen
- Unauthorized Use of Your Card by an Acquaintance
- To Dispute a Credit Card Bill
- Debit Cards
- Prepaid Debit Cards
11. Understanding Loan and Other Credit Documents
- Required Credit Disclosures
- Terms of Credit Agreements
12. Student Loans
- What Kind of Loan Do You Have?
- Figuring Out Who Holds Your Student Loan
- Canceling Your Loan
- Postponing Payments
- Repaying Student Loans
- Getting Out of Default
- Filing for Bankruptcy When You Can’t Pay
- Consequences of Ignoring Student Loan Debt
- Where to Go for Help
13. Child Support and Alimony
- How Child Support Is Determined
- Modifying the Amount of Child Support
- If Paternity Is Disputed
- Enforcement of Child Support Obligations
- Alimony
- Bankruptcy and Child Support or Alimony Debt
- Taxes, Child Support, and Alimony
14. If You Are Sued
- How a Lawsuit Begins
- Negotiate
- Alternative Dispute Resolution
- Respond in Court
- What to Expect While the Case Is in Court
- When the Creditor Gets a Judgment Against You
- Stopping Judgment Collection Efforts
15. Bankruptcy: The Ultimate Weapon
- Kinds of Bankruptcy
- Filing for Bankruptcy Stops Your Creditors
- Chapter 7 Bankruptcy
- Chapter 13 Bankruptcy
- Will Bankruptcy Solve Your Debt Problems?
16. Property Creditors Can’t Take
- Property Subject to Collection
- Property Subject to the Bankruptcy Court’s Authority
- Applying Exemptions
- Is Your Property Exempt?
- Turning Nonexempt Property Into Exempt Property
17. Rebuilding Your Credit
- Avoid Overspending
- Understand Credit Scores and Credit Reports
- Clean Up Your Credit Report
- Your Credit Score
- Build Credit in Your Own Name
- Ask Creditors to Consider Your Spouse’s Credit History
- Use Existing or New Credit Cards
- Open Deposit Accounts
- Work With Local Merchants
- Obtain a Credit Union or Bank Loan
- Avoid Credit Repair Clinics
18. Illegal Credit Discrimination
- Basic Protections
- Sex Discrimination
- Marital Status Discrimination
- Sexual Orientation Discrimination
- Race Discrimination
- National Origin Discrimination
- Age Discrimination
- Postbankruptcy Discrimination
- Your Rights to Notice Regarding Credit Decisions
- If You Are Denied Credit or Offered Expensive Credit Terms
- Lawsuits Based on Credit Discrimination or Notice Violations
19. Help Beyond This Book
- Looking Up the Law
- Lawyers
- Debt and Credit Counseling Agencies
Glossary
Appendixes
A. Federal Agencies
- Where to Complain About Credit Discrimination
B. Contact Information for Useful Agencies, Organizations, and Other Entities
C. Federal and State Exemption Tables
D. Worksheets
- Worksheet 1: Monthly Income
- Worksheet 2: Your Debts
- Worksheet 3: Property Checklist
- Worksheet 4: Property Exemptions
- Worksheet 5: Daily Expenses
- Worksheet 6: Monthly Budget
Index
Chapter 1
How Much Do You Owe?
How Much Do You Earn?.................................................................... 5
How Much Do You Owe?.................................................................... 5
“There can be no freedom or beauty about a home life that depends on borrowing and debt.”
—Henrik Ibsen, Norwegian poet
and dramatist, 1828–1906
To successfully plan your strategies with your creditors, you need to come to terms with your total amount of debt. This may make you shudder.
But happily, most credit counselors will tell you that people tend to overestimate their debt burdens.
To figure out your financial situation, you need to compare what you bring in each month with what you owe on your monthly expenses (such as food, housing, and utilities) and your other debts (for example, student loan payments).
Having a ballpark idea of the amount of your income and debt burden is not enough to tackle your debt problem. Getting precise numbers is a crucial part of the process—don’t skip it. In addition to laying out how much you earn and owe, this process will help you prioritize your debts, which will then help you decide which strategies to use to solve your money troubles.
To figure out how much you earn and how much you owe (both in monthly payments and overall), follow the instructions on the next pages and use the worksheets in Appendix D. If you are married or have jointly incurred most of your debts with someone, fill out the worksheets together.
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Warning Signs of Debt Trouble |
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If you have panic attacks when you try to figure out your total debt burden, you’ll feel better if you skip this chapter and come back to it when you are better able to confront the information. Before doing that, however, ask yourself the following questions. If you answer “yes” to any one of them, you are probably in or headed for serious debt trouble: • Are your credit cards charged to the maximum? • Do you use one credit card to pay another? • Are you making only minimum payments on your credit cards while continuing to incur charges? • Do you skip paying certain bills each month? • Have creditors closed any accounts on you? • Have you taken out a debt consolidation loan? Are you considering doing so? • Have you borrowed money or used your credit cards to pay for groceries, utilities, or other necessities (for reasons other than convenience or to get perks on a credit card)? • Have you bounced any checks? • Are collection agencies calling and writing you? |
How Much Do You Earn?
Start by figuring out how much you earn each month. Grab a calculator, your pay stubs, and complete Worksheet 1 in Appendix D, by entering your monthly income from each listed source. If you are paid more often than monthly, see the instructions in Worksheet 1 to convert your pay to a monthly amount. If you have income that doesn’t fit into one of these categories, list it as “other.”
How Much Do You Owe?
In Worksheet 2 in Appendix D, you list your debts. Gather the documents that show payments on all your debts, the total amount owed on each debt, and any amount past due, including any interest or fees that have been added. Be as thorough and complete as possible. The completed Worksheet 2 will tell you exactly how much you should be paying each month (to be current on your debts) and how far behind you are. Here’s how to fill it out.
Column 1: Debts and other monthly living expenses. In Column 1, enter the type of debt. Don’t enter a debt more than once. So, for example, if you already deducted from your income in Worksheet 1 a debt that is paid out of your paycheck, such as child support, don’t deduct that same debt again here.
If you are married, you may not be certain which debts are yours and which belong to your spouse. If your marriage is intact and you’re having mutual financial problems, approach your debt problems as a team. That is, enter all your debts in Column 1. If, however, you are separated or recently divorced, or are married but having financial problems of your own, see Chapter 2 for help on figuring out the debts for which you are obligated. If you generally share expenses and maintain a household with someone else, consider combining your income and paying all of your debts with joint funds, regardless of who actually incurred the debt. Enter both partners’ debts in Column 1.
Column 2: Outstanding balance. In Column 2, enter the entire outstanding balance on the debt. For example, if you borrowed $150,000 for a mortgage and still owe $125,000, enter $125,000. If you don’t want to contact the creditor until you are ready to negotiate (and that will only be after you’ve determined how much you can pay), you have a few options. Your latest account statement might list the entire outstanding balance. If not, the creditor’s automated telephone system or online account information might provide the information you need. If you can’t get the balance and you prefer not to talk to the creditor, use your best guess for now.
Columns 3 and 4: Monthly payment and total you are behind. In Columns 3 and 4, enter the amount you currently owe on the debt. If the lender has not established set monthly payments—for example, for a doctor’s bill—enter the entire amount of the debt in Column 4 and leave Column 3 blank. If the debt is one for which you make regular monthly payments—such as your car loan or mortgage—enter the amount of the monthly payment in Column 3 and the full amount you are behind (monthly payment multiplied by the number of missed months, plus any fees or charges that have been added, like over-limit fees or late payment charges) in Column 4.
For credit card, department store, and similar debts, enter the monthly minimum payment in Column 3 and your entire balance in Column 4. But keep in mind that eventually you should make more than the minimum payment on your credit cards. (Chapter 10 discusses the danger of making only minimum payments each month.)
Column 5: Is the debt secured? In Column 5, indicate whether the debt is secured or unsecured. A secured debt is one for which a specific item of property (called “collateral”) guarantees payment. The most common type of secured debt occurs when you sign a credit agreement (sometimes called a security agreement) that allows the creditor to take a particular item of property under certain specified conditions—without suing you first. Examples of conditions that might allow the creditor to take your property include your failure to make a payment, your failure to maintain insurance on the property, or your failure to comply with the payment agreement in some other way. Typically you sign a credit agreement, giving the creditor a security interest in your property when you finance a car purchase; get a mortgage; get a second, third, or additional loan on your home; or buy an appliance or piece of furniture with store credit.
A creditor may also be able to secure its debt without your agreement by filing a lien against your property. This can happen in two circumstances. First, the creditor can file a lien if the law specifically allows for it. An example is a mechanic’s lien—the law specifically states that a worker or material supplier may file a lien against your real property if you or the contractor fail to pay them. Second, a creditor can file a lien against your property if it has sued you and obtained a judgment against you. This is called a judgment lien.
Unsecured debts are typically bank credit card debt; bills owed for utilities, medical, or legal services; student loans; and spousal or child support.
Secured property is usually something very important, like your car or house. Because it can be taken quickly, without the delay of a lawsuit, secured debts are usually a high priority for you to pay.
Specify the collateral the creditor is entitled to grab if you default. (After you have read more about whether a debt is secured or not in Chapter 4, you can come back and review Column 5 to see if you need to make any changes.)
Column 6: What priority is the debt? Leave Column 6 blank until you read Chapter 4. It will help you prioritize the debts.
Add it up. When you’ve entered all your debts in the worksheet, total up Columns 2, 3, and 4. Column 2 represents the total balance of all your debts, even though some of it may not be due now; Column 3 represents the amount you are obligated to pay each month; and Column 4 shows the amount you would have to come up with to get current on all your debts.
Related topic
Don’t forget your other expenses. None of us have monthly expenses consisting entirely of loan or credit payments. We also have to pay rent and buy groceries, pay for movies and restaurants, buy clothing and household goods, and so on. These other expenses are covered in Chapter 17. Now might be a good time to review the information in Chapter 17’s “Figure Out Where Your Money Goes.” By listing your non-debt-payment expenditures, you will get a more complete picture of your finances.

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