What About My Car in Bankruptcy?

Bankruptcy can be used to get rid of bad car deals, or help you to pay for a vehicle you want to keep.  You can buy a car on credit after filing bankruptcy, so you may want to dump a gas guzzler or high payment vehicle and get a cheaper one.

Below is Chapter 18 about your vehicle. Read this chapter and more https://www.bankruptcybookbypeterfrancisgeraci.com/

Bankruptcy can be used to get rid of bad car deals, or help you to pay for a vehicle you want to keep.  You can buy a car on credit after filing bankruptcy, so you may want to dump a gas guzzler or high payment vehicle and get a cheaper one.

If you are like most people, your car is financed.  The U.S. Department of Commerce estimates that, in 1991, the average cost of owning a car that is financed is over $425.00 per month.  The cost of owning a car includes the monthly payment, the interest lost on the down payment or cash value of the trade-in, repairs and maintenance, depreciation (the amount the car goes down in value every month), license and taxes, as well as gasoline and oil.  I have seen more than a few people who are paying more for their car than for their rent.  If they were living in their cars, that would be a good idea!

Many people are suffering from “car fever” when they buy a car.  Dealers have relationships with finance companies that allow them to finance any kind of deal.  If you want to finance a car with a bank or a finance company that has no relationship with the dealer, the first thing a loan officer will do is look up the car in a book which lists the value of the car.  There are several services which provide such information.  Most finance companies or banks that have no continuing relationship with a car dealer will only loan you 70 to 80% of the average retail price for the same type of car listed in the book.  If you are paying more than the average retail price, you will be able to get a loan based on the average price similar cars are usually sold for, not on 75% of what you want to pay.

What does this mean to the average car buyer?  It means that if you are paying too much more than the usual price everyone else pays for similar cars, the “average retail price”, you will have to put more money down.  However, finance companies that have regular relationships or agreements with car dealers will lend you almost any amount, regardless of how much the car is really worth.  In other words, they will finance you for the price the dealer got you to pay, not what the car is really worth.

When that happens, often the car is worth less than you owe on it.  If the difference between what you owe, and what you could sell the car for, is very great, you may want to give the car back to the finance company.  Then, you won’t owe anything, and you can start fresh and get another car.

Can you get another car, if you have filed a bankruptcy?  This depends on you. If you are filing a bankruptcy, your credit is probably bad anyway right now.  After you discharge your debts, you won’t have any payments to make, so you probably will be able to afford reasonable car payments.  If you put some money down, many dealers will finance you again.  Or, you can buy a used car for cash. Or, for what you would spend on a car, you can take cabs.  The trick is to avoid getting into trouble on another car. 

If your car payments are reasonable, and you owe less than the car is worth, or about the same, and you are up to date in your payments, and the car is running good, you will probably want to keep your car even though you are getting rid of the rest of your bills.  This is absolutely no problem.  The finance company will be happy to agree, generally, that your debt will survive the bankruptcy.  This is done in writing, and is called a reaffirmation.

If you are behind in your payments, or don’t have car insurance, finance companies will seldom let you keep the car unless you cure those problems.  This is true even when you are not doing a bankruptcy.

Many people come in to do a bankruptcy after the finance company has repossessed the car because they didn’t make the payments, or didn’t keep it insured.  Sometimes I can get the car returned if they bring the payments up to date, and get insurance, but most of the time they are better off giving up the car.

In a situation where the car has already been repossessed, if you owe less than the car is worth, it might be worthwhile investigating filing a Chapter 13 debt repayment plan.  This is a repayment bankruptcy, and the payments can be restructured if your budget allows it.  Of course, Chapter 13 plans, in which you pay a payment to a court-appointed trustee who sends it to your creditors, are always more expensive than Chapter 7 bankruptcies.

If you have a car that you own, and it is not financed, you need to have me look at the exemptions allowed by law, to see if you could still file a bankruptcy and keep the car, free and clear of any claims of creditors.  In Illinois, if the car is your main asset, and you own it free and clear, and you are the only one on the title, we need to see if you can keep it without having to do a Chapter 13. This may not be a problem, however.  I do many Chapter 7 bankruptcies, especially for married people who own vehicles in joint tenancy, where they have cars and keep them free and clear in a bankruptcy.  It all depends on your individual situation, and a competent bankruptcy attorney can advise you about this.

Example: Ted wrecked his car without insurance. The accident was his fault, and the other driver is suing him. He still owes $6,000 on his car note, and now the car finance company wants to be paid. His brother Bill has a 1989 Camaro. When he bought it, he traded in another car that was not paid off, and his car note now includes money he owed on the old car, as well as what he owes on the new car. Bill’s car note is $457 per month. He is current, but wants to give the car back and get a “beater” so he can save some money.

Their friend Ralph is up to date in his car payments, has insurance, but has a lot of medical bills and credit cards. He wants to keep his car and get rid of the rest of his debt.

The Peter Francis Geraci Chapter 7 or 13 Solution: Ted files a bankruptcy and lists the other driver and their insurance company, as well as his own car finance company. Any debts to them will be discharged. He can save up some money, go buy another car, and no one can sue him for the accident, so he won’t lose his driver’s license.

His brother Bill surrenders his car, and doesn’t have to pay a nickel more. He now has no bills, and can save up to buy another car.

Ralph is getting rid of his hospital bills and his credit card debt, so now he can afford his car payment. It is up to date, and the car is insured, so he can keep his car even though he is getting rid of other debt.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Beverages & Budgeting

Beverages & Budgeting – grab a drink and let’s take a look at your monthly expenses, let’s see if Geraci Law can help!

Grab a cold one or a warm one and watch Attorney Peter Francis Geraci’s video on budgeting. Weekends are a great time to sit down with the bills over a iced or warm beverage!

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com.

Can Bankruptcy Discharge of Debt Help My Credit?

Studies by Harvard and the Federal Reserve show that people who file bankruptcy and generally in a better position than those who remain in debt. 

Read this article by Attorney Peter Francis Geraci titled “Can Bankruptcy Discharge of Debt Help My Credit?” and more at https://www.infotapes.com/Articles

Studies by Harvard and the Federal Reserve show that people who file bankruptcy and generally in a better position than those who remain in debt.  The Federal Reserve said, 

“[people who file bankruptcy] experience a sharp boost in their credit score after bankruptcy, whereas credit scores recover at a much slower pace for individuals who remain [in debt]. 

The credit score of bankrupt individuals exceeds the credit score of insolvent individuals by 40-80 points. In addition, those who go bankrupt open new unsecured accounts post-bankruptcy at a higher rate (by around 15 percentage points) than those who don’t file bankruptcy, while the number of inquiries is very similar across the two groups.

This indicates a difference in access to credit, not demand for credit. [The Federal reserve] conclude[ed] from this evidence that the ability to file for Chapter 7 bankruptcy is associated with better access to credit, and while both insolvency and bankruptcy are forms of default, the debt discharge associated with bankruptcy leaves filers in a better financial position than individuals who become insolvent in similar circumstances.”

If you are contemplating bankruptcy, you have probably received charge cards in the mail, and bought things with no money down. After a bankruptcy, that easy credit will be harder to get. Most times, you can get a charge card by giving a $400 or more savings account with the issuing bank, so that if you do not pay the charge card, they can deduct from your bank account.

Many clients may be able to buy a home within a few years after filing a bankruptcy or even during a bankruptcy. How do I know? Every week an old client calls me and asks for proof that their bankruptcy got rid of their old bills, so they can give it to their mortgage company. Mortgage companies want to know that people buying houses don’t have creditors chasing them, because those creditors can put liens on the house. Also, if you have a lot of bills to pay, you probably can’t afford house payments. Filing bankruptcy may be the first step to buying a house.

Geraci Law makes it easy for you to apply for mortgages and credit.  We post your filed bankruptcy petition on your Client Corner so you can log in and get it when you need it.  We provide you with any help you need to show that you got out of debt.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

Can I Get Rid of a Vehicle By Filing Bankruptcy?

Sometimes you just don’t want a vehicle. It may be worth far less than you owe, or it may be a junk that costs too much to repair. So the question is, how do you get rid of it and get something else? You’re probably not going to just get rid of the vehicle and walk or take the bus. So there are a variety of situations, and you need good legal advice before you make a false move.

Sometimes you just don’t want a vehicle. It may be worth far less than you owe, or it may be a junk that costs too much to repair. So the question is, how do you get rid of it and get something else? You’re probably not going to just get rid of the vehicle and walk or take the bus. So there are a variety of situations, and you need good legal advice before you make a false move.

Title loans Do you have an old vehicle with a title loan? If you do, the title loan company has a lien on the title. They will want you to pay them before they release the title. If the vehicle doesn’t run, or has been in an accident, you can’t junk it unless you get the title. Title loan companies seldom will take a vehicle back, rarely even repossess vehicles, because they don’t loan you enough money to make it worthwhile. If you file a bankruptcy, we can provide that you surrender the vehicle, then file a procedure called a motion to exempt and redeem. The court values the vehicle, and all you have to do is pay the value of the vehicle to the title company in which they are required to give you the title. This works very well when you have a junker is only worth $100 salvage value.

Under water Second situation that is very common is that you have a vehicle where you have a loan on it, in the loan payoff is much more than the vehicle is worth, and you don’t want it. Let’s say you bought a used car, and it’s now worth $8000. But you have 40 payments of $350 left to pay, or $14,000, the payoff and that depending upon how long you’ve financed it for, might be as much is $11,000 or $12,000. So if you wanted to give the vehicle back to the finance company, they would sell it at auction, probably $4000, and soak you with the auction costs, if you credit for the $4000 sales price, and you’d end up owing 8000 on the repossessed vehicle. Chapter 7 filing can eliminate that $8000 deficiency.

So Chapter 7 works very well when you owe a lot more than the vehicle is worth. If you want the over financed vehicle in a chapter 7, sometimes, we can make a deal, and a reaffirmation. So you can either surrender a vehicle that’s over financed and eliminate the deficiency, or possibly we can negotiate a better deal in bankruptcy, but you have to be willing, under Chapter 7 to surrender it if they don’t give you a better deal. There is another option called 722 redemption, similar to the junker, but if the value of the vehicle is $8000, you have to come up with the full value of the vehicle, or finance it, and if you do not come up with the $8000 722 redemption, you probably be financing it at 30% interest which is a terrible deal and you’d be right back where you started.

Chapter 13 The third situation involves keeping the vehicle, and filing chapter 13 to pay what the vehicle is worth, if the vehicle is over two and half years old, and even if it’s not 2 ½ years old to pay it at the prime rate +2%. Now if that sounds complicated, it is. One problem that we are running into is people are financing vehicles for 72 or 84 months, and then coming in to file a chapter 13, which can only last 60 months. They may even have a 0% interest rate. So if you have a long way to pay on a vehicle, and you’ve already got 0% interest, chapter 13 doesn’t help you. Depending upon your income, it may be wise you can qualify for chapter 7, to get rid of this monster and get a reasonably priced vehicle with a low payment.

There’s a lot more to vehicles in bankruptcy. Geraci law lawyers have filed over 100,000 bankruptcy cases, many of which involve cars, both chapter 7 and chapter 13. If your only debt is a car, you should not be doing a bankruptcy. But if your problem is greater than just the car payment, let’s look at what filing a Chapter 7 or Chapter 13 can do about your whole picture, and where the vehicle fits in.

That’s why you need an experienced Geraci law bankruptcy lawyer to figure all this stuff out.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

When Will Creditors Stop Bothering Me?

If you are having trouble with bill payments, you should get a consultation with an experienced bankruptcy attorney before you make more payments to creditors.

Check out Chapter 20 in Attorney Peter Francis Geraci’s “Complete Book on Bankruptcy.” This chapter is below, read more @ https://www.bankruptcybookbypeterfrancisgeraci.com/

CHAPTER #20 When Will Creditors Stop Bothering Me?

The minute the bankruptcy case is filed. In the meantime, don’t talk to them, leave them on the answering machine. If they call you at work, get their info, give them your home number, and say “My employer does not allow calls at work, please call me at home.” These are magic words under the Fair Debt Collection Practices Act that require them to stop calling you at work. You can tell them that!

After we have prepared a petition listing your debts and assets, and prepared answers to required questions about your personal actions in relation to money, the bankruptcy petition is filed with the Clerk of the Bankruptcy Court. Of course, your attorney fee must be paid in full, unless you have made other arrangements. After you have paid your attorney, you pay the filing fee, or court cost. It is about $300.00 (When I started practicing bankruptcy law, in 1974, the court cost was only $30.00.) This must be paid in the form of a money order or cashier check payable to the Clerk of U.S. Bankruptcy Court, since the Clerk does not take personal checks.

After the Clerk has stamped a bankruptcy case number, or docket number, on the petition, notice can be sent out to all creditors that you are under the jurisdiction of the Bankruptcy Court. Then, Federal law requires that all collection action stop.

After you have made up your mind what to do, I generally advise you to stop paying all creditors except the ones which will survive a bankruptcy. If you are having trouble with bill payments, you should get a consultation with an experienced bankruptcy attorney before you make more payments to creditors.

You may be wasting your money right now by making minimum payments on bills that don’t go down after you make the payment, or you may be paying money to creditors that you will get rid of, instead of creditors that you must pay.

It is important to understand that thinking about filing bankruptcy, or even talking about it, is not the same as giving money to an attorney and actually having a docket number assigned by the Clerk of the U.S. Bankruptcy Court. Even giving money to an attorney is not enough. The case actually has to be filed with the Clerk. It is then that the provisions of the Bankruptcy Code which protect you from creditor harassment, bill collectors, wage assignments and lawsuits come into effect.

Those provisions are briefly known as the “automatic stay” provisions. This protection is known as the automatic stay, because the Bankruptcy Code provides that all creditor action is automatically stopped, or stayed, when a petition is filed with the Clerk of the U.S. Bankruptcy Court. This “automatic stay” is truly automatic, and even if a creditor does not know a bankruptcy case has been filed, you are protected from their actions.

For instance, if money is taken out of our paycheck by a creditor after the date a bankruptcy petition has been filed, it must be put back as soon as you notify your payroll department that you were under the protection of the automatic stay provisions of the Bankruptcy Code at the time the money was deducted.

I routinely provide my clients with notices entitled “Automatic Stay”, which state the language of the Code. I mail them to the client when the case is filed, so that the client can notify payroll, if necessary, or tell the docket number to any bill collector who calls. Sometimes clients get these in the mail, and even though we have discussed it thoroughly, they call up and say, “What are all these papers? Do you mean I have to notify my creditors? What am I paying you for?

I then explain again that this is for your benefit, so that you quickly have something in your hand to give to anyone who wants proof that you have filed a bankruptcy petition. Creditors and payroll departments will immediately stop any action if they know definitely that a bankruptcy has been filed.

Problem: Keith has a wage assignment from a finance company, and all his creditor cards are behind and bill collectors are calling him constantly.

The Peter Francis Geraci Chapter 7 or 13 Solution: The filing of any bankruptcy petition stops all creditor action. When Keith’s bankruptcy case is filed, the wage assignment has to stop, and no one can even call him on the telephone.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

What Does Bankruptcy Cost?

A lot less than paying debt that you can’t pay!

Check out Chapter 9 of Attorney Peter Francis Geraci’s “Complete Book on Bankruptcy” at https://www.bankruptcybookbypeterfrancisgeraci.com/

CHAPTER #9 What Does Bankruptcy Cost?

A lot less than paying debt that you can’t pay. Anyone can come up with $900 or $1000 to put down on a Chapter 7, and pay the rest over time. Anyone can come up with the court costs to file a Chapter 13, and pay the rest in with their Chapter 13 payment.

Every lawyer charges exactly the same for Chapter 13, so don’t bother shopping for fees for Chapter 13. Why? In almost every court, the court rules provide for a standard fee for all services. So, it’s not the fee that you use to pick out an attorney.

Same with Chapter 7. Some people think everyone with a law license is the same. That’s why the jails are full. Lots of people who don’t know how to pick a decent attorney. People who file bankruptcy often have no confidence in themselves or their family or their budgets, and panic! They think, “I have to pay a big fee all at once and I have no money”.

If you panic, you might call every lawyer who advertises bankruptcy and say “How much is a bankruptcy”? If you actually get an answer to that, here is who you might probably be are talking to:

A lawyer who got fired or could not work with anyone so he paid $500 for a website design. He rents a desk in an office center, and has no employees, works from his cell phone, returns his calls you leave on voice mail while he is driving from traffic court to a real estate closing to a bankruptcy court meeting, the only 3 cases he has this week. “I will do your case for $800 come on in” he says. You say “don’t you want to know anything about me or what is involved before you tell me $800?” He says, “no, come on in, bring your money”

You show up and sure enough, it’s either a rented desk in “Armstrong Office Suites”, or it smells funny and not very professional. He is late. So you wait, he shows up and says “sorry, I was in Court” and brings you into his office. The place is a mess. He actually has a fax machine on his desk.

“Did you bring the $800?” he says. “Don’t you want to know anything about me or what is involved before you tell me $800?” you say for the 2nd time. (Oh, you also had to wait a week before he could “fit you in”.)

Anyway, he then tells you that instead of $800, because you have a house and car, he meant $800 to file, plus the court cost, and there will be additional costs if “anything goes wrong”.

You say, “whaaat? What do you mean, if anything goes wrong?” He says, “don’t worry, usually nothing usually wrong”! So much for the “UNKNOWN ATTORNEY”. But, if he gets your $800, he at least has his rent for the month.

At Geraci Law, we get a lot of people who have been elsewhere and are unhappy. Read our reviews. Some people focus on the attorney’s fee in choosing an attorney. My office gets calls from about a hundred people a year who have had Chapter 13 or Chapter 7 cases goofed up because they tried to save $100 on attorney fees.

Sometimes, in fact, regularly, we tell people NOT to file bankruptcy. That is why we have never “lost” a house or had any real “trouble”. So, one cost of a bankruptcy might be getting bad advice or bad representation by your attorney. The attorney’s fee doesn’t matter, since you can’t save much from one attorney to another.

So, bankruptcy is pretty cheap. If you had $20,000 to pay your creditors, you’d probably give it to them. If you could settle all your debt for $5000, you would. So why try to beat up your lawyer before you have all the facts in front of, by calling around to unknown lawyers to get them to tell you something on the phone? No smart lawyer will give you any real advice on the phone, much less quote you a firm fee for something they know nothing about.

Always get a free in office consultation. If you really want the cheapest lawyer in town, then go to the one who tells you $500 on the phone, and pray that you will be happy! You get what you pay for. At Geraci Law, we work with almost everyone, but $500 was a fee in 1975, not 40 years later in 2015. Every year, one of the “cheap” bankruptcy lawyers gets indicted or closes up, so watch out who you think is giving you a “cheap price”. The so-called “largest bankruptcy firm in the world”, “Macey & Aleman Legal Helpers” closed up suddenly in 2013 and did not refund fees to clients, who then filed claims in its bankruptcy for the $1400 or whatever fee they lost when the place shut its doors.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

Geraci Law Florida Team

Our team consists of senior attorneys ready to help you. Meet the Geraci Law Florida team and read what our Florida clients say about them. Best part is? The consultation with our amazing (I’m biased) team is FREE.

Geraci Law handles Chapter 7 and Chapter 13 bankruptcy cases across the state of Florida. Our team is ready to help you stop foreclosure, stop a repossession or assist in getting you the fresh start you need.

Our team consists of senior attorneys ready to help you. Meet the Geraci Law Florida team and read what our Florida clients say about them. Best part is? The consultation with our amazing (I’m biased) team is FREE.

Call to schedule or you can schedule online @ https://www.infotapes.com/Bankruptcy/OfficeLocator

Attorney Jonathan Parker

Attorney Jonathan Parker is a senior court attorney and supervisory attorney at Geraci Law. He is responsible for the majority of the firm’s litigation as well as counsel to Attorney Peter Francis Geraci.

He earned his JD Cum Laude from University of Wisconsin. He graduated with a degree in French and Philosophy from Northwestern University. He received Northwestern University Departmental Honors with distinction.

Attorney Parker’s professional experience includes providing client consultations, filing bankruptcy petitions, handling the firm’s litigation and legal research. He has won and appealed numerous cases for the benefit of his client.

He has extensive knowledge of the United States Bankruptcy Code and debt settlement. Attorney Parker will determine your best course of action to solve your financial problem. You should expect nothing but the best representation when Attorney Jonathan Parker is on your team.

Court Admissions

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Reviews

Attorney Ashley Chike

Attorney Ashley Chike is a senior court attorney and supervising attorney at Geraci Law. She earned her JD/MBA from Loyola University Chicago and inducted into Alpha Sigma Nu Honor Society by graduating in the top 10% of her class. 

Attorney Chike’s professional experience includes providing client consultations, drafting as and filing bankruptcy petitions/plans, representing clients in court, supervising cases, and conducting legal research.

Attorney Chike wrote a legal brief and argued in court defending a client’s right to keep her tax refund each year during her Chapter 13.  The Judge ruled in Attorney Chike’s favor and ruled against the Chapter 13 Trustee who was seeking to take the refund – now all Chapter 13 debtors can keep their tax refunds in their Chapter 13 if properly prorated.  

She has extensive experience evaluating client-specific financial debt and data to provide the best solution for the client. Clients can expect nothing less than excellence from her.  It is her mission to get the client the BEST result possible. 

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Reviews

Attorney John Sadler

Attorney John Sadler is a senior court attorney and supervising attorney at Geraci Law. He earned his Bachelor of Arts in Criminal Justice & Sociology and JD from Indiana University. In his spare time, he enjoys camping, cycling and other outdoor activities.

He is a board member of a small non-profit cycling organization focused on raising money through cycling events for cancer research. He has extensive knowledge of real estate and bankruptcy and supervises real estate issues in Indiana.

In 2017, Attorney Sadler successfully won an adversary proceeding for his client. His client’s car was totaled and the client received an insurance check. The creditor filed a suit alleging Attorney Sadler’s client intentionally did not fix the vehicle and the debt owed should not be eliminated in his Chapter 13 bankruptcy.

The creditor claimed the client had a responsibility to repair the totaled vehicle. Ultimately Attorney Sadler defended his client and got the adversary dismissed. He saved his client close to $10,000! 

Court Admissions

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Reviews

Attorney Rob Brynjelsen

Attorney Robert Brynjelsen started his career at Geraci Law in 2004. He is a supervising attorney licensed to practice in Illinois, Wisconsin, Indiana and Florida. He graduated with a Bachelor of Arts from University of Illinois and a Juris Doctor from the University of Miami.

Attorney Brynjelsen has advised on more than 10,000 consumer bankruptcy cases. Although based out of Illinois, he spends at minimum a few weeks a year visiting all of our offices to make sure the PFG Difference is maintained!

When he’s not advising Geraci Law clients and assisting attorneys, Attorney Brynjelsen enjoys playing golf and traveling, especially cruises.

Court Admissions

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Reviews

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

How to Dispute False Item on Your Credit Report

It’s not mine, get it off my credit report! How long does bankruptcy stay on?

Article written by Attorney Peter Francis Geraci – read more like this @ https://www.infotapes.com/Articles

You can get a free credit report from one of the 3 major credit bureaus. Go to www.freeannualcreditreport.com If you see a debt listed that is not yours, you can contest it by filling out the form on each credit bureau’s dispute site.

Equifax https://www.equifax.com/personal/credit-report-services/credit-dispute/

Experian https://www.experian.com/disputes/main.html

Trans Union https://service.transunion.com/dss/login.page?dest=dispute

You can’t dispute things that are accurate. For instance, if you paid an account after it was late, the late account can show paid, but paid late. If you filed a bankruptcy, that fact that you filed stays on 10 years after your Chapter 7 filing date, and 7 years after your Chapter 13 filing date. If a debt that you received a bankruptcy discharge is listed, that is OK, as long as it shows that you owe nothing because of your bankruptcy discharge. Creditors know what a bankruptcy discharge means: you can’t file a Chapter 7 for another 8 years and have little or no debt except what you agreed to “reaffirm”, or survive discharge. So your credit score often goes up a lot after you get a bankruptcy discharge. Credit scores are bad because you have too much debt to pay, not because you got a discharge and now have no debt, and a fresh start, in most cases!

You can only contest things that are inaccurate. Here’s what Equifax says you can dispute:

• Personal information: Your name, addresses, Social Security number or date of birth.

• Account information you believe is inaccurate or incomplete: For example, if late payments are being reported on one of your accounts but you have always paid your balance on time and in full. 

• Mixed credit files: If someone else’s information is being reported on your credit file. This may happen if a father and son (Sr. and Jr.) have the same name, for instance.

• Duplicate reporting of an item: One example might be a debt listed twice.

• Information that may indicate fraud or identity theftThese would be credit accounts, including collection accounts, on your credit report that you don’t recognize.

Whether you’re contacting a lender or the credit bureaus, provide all the evidence and documents you can to support your dispute, such as an account statement verifying an account balance. Give details about why you believe the information in the credit report is inaccurate or incomplete.

What should I expect after filing a dispute?

If you file a dispute with the three nationwide credit bureaus, you can generally expect to receive the results of your dispute within 30 days. If the information is found to be inaccurate, your credit reports will be updated, generally within about 30 days.

If the result of the investigation finds that the information is accurate, it will remain on your credit reports. If you still believe the information is inaccurate or incomplete, and you have additional information that can help support your dispute, you can file your dispute again with the credit bureau. You also have the option to provide a brief statement on your credit reports summarizing your dispute, which can help explain your situation. Or you could contact the creditor to attempt to resolve the issue.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

The Hidden Health Costs of Being in Debt

Money worries can make you sick – really sick.

Below is an article written by Attorney Peter Francis Geraci regarding the hidden costs of owing. If you are worried about medical, owing medical bills could make health conditions even worse! Read more articles by Attorney Peter Francis Geraci at https://www.infotapes.com/Press.

An article in the June 2021 Men’s Health magazine brings together a number of scientific studies concluding that money problems can kill you. The article quotes the director of the Jackson Heart study as saying that financial stress is a major cause of heart disease, and money issues can cause chronic 24/7 stress that can raise blood pressure, and cause heart disease.

The U.S. Financial Health Pulse: 2020 Trends report states: “As of August 2020, more than two-thirds of people in America (approximately 167 million people) were Financially Coping or Financially Vulnerable. These individuals are struggling to spend, save, borrow, or plan in ways that allow them to be resilient and seize opportunities over time.” https://finhealthnetwork.org/research/u-s-financial-health-pulse-2020-trends-report/  

Geraci Law founding member Peter Francis Geraci says that the overwhelming comments in over 30,000 five-star reviews from Geraci Law clients in the last 5 years is “stress relief”. Chapter 7 and Chapter 13 bankruptcy filings eliminate the stress caused by failure to be able to meet financial obligations. Both types of consumer bankruptcy allow people to re-set their budgets and balance their income and expenses. Chapter 7 allows elimination of debt, while continuing to pay vehicles and mortgages. Chapter 13 allows consolidation of debt into a monthly or biweekly affordable payment. Both, according to Mr. Geraci, go a long way to relieving stress, which lowers blood pressure and helps overall health.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

Student Loan Updates

Student Loan collections to resume in 2022 – read Geraci Law press release and PFG Article!

Geraci Law released the following press release regarding student loans. Read this release and more @ https://www.infotapes.com/Press

As of December 31, 2019, 10,347,000* borrowers were in default or 91+ days delinquent out of 44,865,000 borrowers with outstanding debt, according to Sen. Elizabeth Warren’s April 2, 2021 press release. During COVID, federal student loan interest, and collections, were paused. Will there be a “Jubilee” of forgiveness. Not likely. But there may be relief in bankruptcy for loans over 10 years old if a bill introduced in the Senate on August 21, 2021 passes both houses of Congress. https://abi-org.s3.amazonaws.com/Newsroom/FreshStartAct.pdf

The problem with this bill is that it requires schools with a high default rate to pay to the Treasury up to 50% of the amount forgiven.

In August, the President extended to Jan. 22, 2022, the moratorium that 9 of every 10 student loan borrowers have taken advantage of. Will the forgiveness bill pass before then? Probably not, if ever. Will the moratorium get extended again. Good chance, since the Democrats want to get elected in November 2022. Will student loans disappear? Not likely. Why not? Because America’s higher education gets fat by raising tuition and have students borrow our tax money to pay for a 4 year vacation from work. So the colleges and universities are opposed to any form of student loan forgiveness that would cost them a nickel, or reduce enrollment in super-expensive post-high school education.

What to do in the meantime? Get ready to pay your student loan, since it can’t be forgiven in bankruptcy. No fresh start for you, B.A. in Philosophy!

But wait there’s more!

Attorney Peter Francis Geraci wrote an article titled, “Student Loan Forgiveness for the Permanently Disabled.” You can read this article and more @ https://www.infotapes.com/Articles.

If you are receiving Social Security Disability, the Social Security Administration has determined that you are permanently and totally disabled and cannot engage in meaningful employment. In fact, if you do engage in meaningful employment paying over $500 a month, you are then deemed to be able to work. While you are disabled, you should apply for an “administrative discharge” of any student loan obligation. A family member can help you with this. You do not need an attorney.

You should not think of filing a bankruptcy to discharge student loans, therefore, if you are receiving Social Security Disability. Just inform the student loan servicer that you are totally, permanently disabled, and ask them to forgive the loan.

Dial 1-800-CALL-PFG for a free phone mini-consultation, or make an appointment online 24/7 at www.infotapes.com.  Bankruptcy laws are in place to help you.  Who knows bankruptcy like Geraci Law?  Geraci Law has 30,000 5-star reviews 5starsince November 2016!

Read ALL ABOUT DEBT RELIEF at www.bankruptcybookbypeterfrancisgeraci.com

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