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Where to Send Mortgage Payments to Bank of America During a Chapter 13 Bankruptcy

2013 May 9 by

When a chapter 13 bankruptcy is filed, some lenders require mortgage payments to be sent to a special address.    Here is the payment address for Bank of America for people who are in Chapter 13:

Bank of America Retail Payment Service
PO Box 650070
Dallas TX 75265-0070

Or you can in mortgage payments by calling Bank of America’s bankruptcy department:    1-800-669-5224

Make sure to keep good records of all your mortgage payments during your bankruptcy and put your account number on all your payments.

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Surviving Debt: A Must-Read

2013 May 3 by

Bankruptcy is just one of many possible solutions to your debt problems.   Our firm is not a bankruptcy mill.   We want to do what’s best for you.

Are unsure whether hiring a bankruptcy attorney is best for you, your family or your business?  Don’t spin your wheels spending hours on line trying to research your options.  I wholeheartedly suggest you pick up a copy of the book  “Surviving Debt”  published by the National Consumer Law Center.

Surviving Debt is a GREAT book!     I can’t recommend it enough.   I have bought and handed out copies of this valuable resource to my clients over the last 13 years of being a Denver bankruptcy lawyer.

Surviving Debt

The 2013 version of the book includes the following topics:

  • Dealing with Debt Collectors
  • Which Debts to Pay First
  • Saving Your Home from Foreclosure
  • Credit Card Debt
  • Student Loans
  • Your Credit Report
  • When and When Not to Refinance
  • Strategies to Prevent Repossessions
  • How to Defend Collection Lawsuits
  • How to Find Effective Credit Counseling Agencies
  • Your Bankruptcy Rights, and much more.

Follow this link to review and purchase the book from the National Consumer Law Center:  http://shop.consumerlaw.org/survivingdebt.aspx or see if it is available in your local library.

 

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Speaking Engagement

2013 April 11 by

I, Jesse Aschenberg, had a great time speaking at the monthly meeting of the Mile High Chapter of the Women’s Council of Realtors. Thanks for having me!

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Refinancing Your Home Mortgage After Chapter 7 Bankruptcy

2013 April 9 by

As a Denver bankruptcy lawyer, I have been receiving multiple calls from clients who filed bankruptcy a few years ago who are now eligible to re-finance their current mortgage or purchase a home.

The mortgage lenders and brokers frequently ask my clients “Did you reaffirm the mortgage?”

Wells Fargo, in particular, has been offering our past clients refinancing of their mortgage only to deny it later because a reaffirmation agreement was not filed in the bankruptcy case.

Wells Fargo tells our clients that they’ll approve them for a re-finance if they will file a reaffirmation agreement in their two-year-old chapter 7 bankruptcy case. Unfortunately, this is not an option. Once the bankruptcy discharge has been issued by the court, the court cannot approve a reaffirmation agreement.

Our solution: If you cannot re-finance with the mortgage lender you had when your bankruptcy was filed, apply with a different lender.

Our contacts at First Option Lending have recently told us that an individual who filed chapter 7 over 2 years ago is eligible to re-finance their mortgage now if they have not missed any mortgage payments and otherwise qualify. You don’t need a reaffirmation agreement to re-finance if your have a stellar payment history and your income is steady and verifiable.

It is common practice for bankruptcy attorneys to advise their clients to not reaffirm their mortgages and other debts. A Reaffirmation Agreement is an agreement made between the debtor (our client) and a creditor (like Wells Fargo) to agree to pay a debt that would otherwise be discharged (forgiven) by the bankruptcy.

The agreement is a court-approved new post-bankruptcy contract with the creditor. It gives back the lender the right to sue our clients (including wage and bank garnishment) if they default in the future.

How can a bankruptcy attorney advise his client to put himself or herself in that situation? Especially today when an astounding number of homes are underwater and the economy is so uncertain.

The benefits of signing the reaffirmation agreement are outweighed by the risks.

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Serenity and Personal Bankruptcy: How to experience peace when life is not fair.

2013 March 28 by

Dealing with financial stress, bankruptcy, foreclosure, and the uncertainty of the future is overwhelming.

For the last 13 years I, Jesse Aschenberg, have had the great privilege of working with individuals, couples, senior citizens, single mothers, divorcing couples, and business men who are in crisis.   They are all in one stage or another of the grief.

I generally see two reactions to financial crisis.  One personality type is doing all they can to fight and control their situation as best they can.  The other has given up and has lost hope.    Nevertheless, both types are asking the same question, “why?”   Why is this happening?   Why me?

The serenity prayer can be a helpful tool to calm the emotional storm and help you make the right decision or to just be at peace in the moment about your current circumstances.

God grant me the serenity
to accept the things I cannot change;
courage to change the things I can;
and wisdom to know the difference.

Living one day at a time;
Enjoying one moment at a time;
Accepting hardships as the pathway to peace;
Taking, as He did, this sinful world
as it is, not as I would have it;
Trusting that He will make all things right
if I surrender to His Will;
That I may be reasonably happy in this life
and supremely happy with Him
Forever in the next.
Amen.

–Reinhold Niebuhr

 

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Credit Repair & Home Ownership After Bankruptcy in Denver

2013 March 27 by

Last night we held our second Credit Repair and Home Ownership After Bankruptcy Seminar.   Kevin J. Kust, Regional Manager at Continental Credit, LLC was our main presenter.   He gave an informative talk about what factors make up your FICO score and strategies for re-establishing credit after a bankruptcy.

Here is Kevin’s top 10 list of how to re-establish good credit after a bankruptcy:

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Credit Repair & Home Ownership After Bankruptcy Seminar

  1. Re-establish credit ASAP starting with opening 1 Secured Credit Card.  After another 2-3 months get another secured credit card.  Installment loans are great to, but credit cards are most important.  (even clients in an active chapter 13 bankruptcy  can get approved and are able to open a secured credit cards as long as they are very low limits – have to be under $1000 limit.)
  2. After opening a secured card never exceed 30% of your available limit on each individual card.  Better yet, use these cards for only a few dollars every month and simply make your on-time payment to show you are keeping the account active and you are being responsible by not putting excessive debt on the account & you’re paying it on time.
  3. Stay away from offers/solicitations in the mail – OPT OUT of these offers by calling 888.567.8688.
  4. Do not apply for department store or jewelry accounts to re-establish credit history.  Secured credit cards are more versatile and ensure to grow your score with all 3 credit bureaus
  5. Open a secured installment loan with your local bank (however make sure you have at least 6-8 months of reestablished secured credit card history first)
  6. Your Checking/Savings accounts do not help re-build your credit profile.
  7. 90% of all Bankruptcies report INACCURATELY to the credit bureaus (i.e. accounts involved in the BK still show outstanding debts or do not appear to be involved in the BK, etc.)  Make sure your BK matches your declarations page and is reporting correctly on your credit report!
  8. Make sure all accounts from your bankruptcy report as “included in bankruptcy” and have a $0 balance associated with the account
  9. Monitor your credit.  Pull a report every 4-6 months to ensure your accounts are reporting correctly.
  10. Talk to an expert.  Call Kevin J. Kust – Regional Manager at Continental Credit Restoration (ph. 303.868.0373) for a free analysis on your credit profile and potential options to remove some of the Bankruptcy from your credit report.  Under the Fair Credit Reporting Act Bankruptcies CAN affect your scores for 7-10 years, but this DOESN’T mean that they HAVE TO.  Bankruptcies can and have been removed from credit profiles given the right circumstances.  Call Mr. Kust to find out how.

Stop bank garnishments. Get the money back with an emergency Chapter 13.

2013 March 25 by

A gentleman come to see me last week in a complete panic. He checked his bank balances on-line in the morning only to discover that his account had just been garnished. The creditor took everything in his account. There was nothing left in his accounts.

He was in financial crisis. The creditor took over $8,000 out of his personal bank account.  They gave him no notice.  Part of the money was his tax refund the other part was money he received from a settlement he won against someone. He was presently unemployed and had no other money to support his family except for what was sized from his bank account by one of his creditors.

Could we help him? Could we stop the bank garnishment?

Youbetcha! We filed an emergency chapter 13 bankruptcy and demanded return of the garnished funds.

The creditors released the funds back to the relief of our client. Crisis averted.

If you’ve been sued by a creditor for defaulting on a credit card or other debt it’s only a matter of time before they garnish your wages or garnish bank accounts.

By quickly filing a chapter 13 bankruptcy (not chapter 7) you can demand return of funds garnished from the bank account from most creditors. That’s the power of the automatic stay and chapter 13 bankruptcy in action!

Photo of out top notch bankruptcy team

2013 March 18 by

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We just had out semi-annual firm development t meeting last week. We took a quick picture of us all together. We have a great experienced bankruptcy staff.

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FINDING THE COURAGE TO FACE YOUR FEARS

2012 March 26 by

“Courage is resistance to fear, mastery of fear–not absence of fear.”–Mark Twain

“The unknown” can be a scary place. Taking risks and facing your fears throws you into this scary place and you can’t be sure what the outcome will be. This same risk can also be what makes it exciting.

What are your fears? Flying? Interviewing? Public speaking? Needles? Snakes? Nearly everyone is afraid of something, so don’t feel alone. If you’ve always wanted to conquer one of your fears, read on for some inspiration and motivation.

CLIMB OUT OF YOUR COMFORT ZONE

It’s natural to settle into your comfort zone in life. It feels safe and easy. Taking risks and facing fears gets your adrenaline going and brings out flight instincts. You want to run away from a scary situation, it’s natural. But it’s difficult to expand your horizons and grow as a person if you stay hidden away in your comfort zone. So every once in awhile, consider dipping a toe outside of your comfort zone and see how it makes you feel.

GET TO THE BOTTOM OF WHY YOU’RE AFRAID

Do some soul searching and think about why you are so afraid of something. Are you afraid to die? Are you afraid of failure? Or of success? Get online and do some reading about your fear. You might find information that helps you understand the underlying cause of your fear. For example, fear of flying often comes down to a fear of not being in control of a situation – having to trust the pilots to handle problems. At least when you’re at the wheel of your car, you feel in control. Knowing this type of information can help you tackle your fear head on, armed with all the facts.

START SMALL

Before you book that skydiving trip, consider starting with some more reasonable adventures. Head to a part of town you wouldn’t normally go to and eat some exotic food. Drive up to a high elevation and enjoy the view. Look at snakes through the glass at the zoo. Meet a friend at the airport, go shopping, have a meal, and just watch the comings and goings. Consider yourself “dabbling” in facing your fears. Do something different, have fun, and change your perspective a little. Realize that you might feel afraid and take that in, be OK with it.

DIVE IN

Work your way up from starting small, and take bigger and bolder steps until you’re ready to face your fear. Breathe deeply to calm your heart rate, stay hydrated, and remember that you’re in control. You can choose to be brave and courageous, or you can choose to give into fear. Remember that you’re doing this for yourself – to have a better life, to get to know yourself better, and to challenge yourself.

NEED MORE MOTIVATION?

Facing Fear, Finding Courage: Your Path to Peace of Mind

http://www.amazon.com/Facing-Fear-Finding-Courage-Peace/dp/0943233720/ref=sr_1_2?s=books&ie=UTF8&qid=1326562596&sr=1-2

Facing and Overpowering Your Fears

http://www.amazon.com/Facing-Overpowering-Your-Fears-ebook/dp/B006NDETBE/ref=sr_1_3?s=books&ie=UTF8&qid=1326562596&sr=1-3

Face Your Fear: Living with Courage in an Age of Caution

http://www.amazon.com/Face-Your-Fear-Courage-Caution/dp/0312326726/ref=sr_1_4?s=books&ie=UTF8&qid=1326562596&sr=1-4

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TEAM MEMBER SPOTLIGHT

2012 March 26 by

Jennifer Richmond

Paralegal Assistant

1. Where did you work before coming to work at Bankruptcy Law Professionals and what did you do there?

Before I came to work with Bankruptcy Law Professionals, I was a Legal Assistant for The Law Offices of Stevens and DiSante in Littleton. I directed calls and welcomed clients for one attorney while preparing documents, requesting medical records, and managing the office for the other attorney.

2. What will your duties in your new role be?

My new role will be setting appointments for clients, receiving and scanning all documents into client files, scheduling Jesse’s calendar and gathering marketing information for the firm.

3. What do you most look forward to working on?

I look forward to improving my own multitasking abilities while hopefully making my coworkers’ lives smoother and more manageable.

4. Outside of work, what are your interests?

Being a mother of four and a part-time student occupies nearly all of my time! But, I dream of having enough hours in the day to stay in a committed yoga routine – yoga is the best! I am also a Certified Massage Therapist.

5. Why do you like working in bankruptcy law?

Bankruptcy gives people a relatively quick new lease on life – a fresh start. I love assuring people through what can be a difficult time and assisting the firm in providing that bridge to a new beginning.

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