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Can loan security be conditional on bankruptcy or death?

Is it possible to write a loan contract which effectively secures the debt against the borrower's property only in the event of bankruptcy or death of the borrower? I.e., as long as the borrower is in control of his financial affairs the lender has no right to the secured assets even if the borrower defaults, but if the borrower dies or goes bankrupt the security kicks in, so that the debt has priority for any third-party trustees managing the estate? [more inside]
posted by Estragon on May 17, 2013 - 4 answers

 

Bankruptcy, Paypal, and BillMeLater

I am filing bankruptcy soon (95% of my debt is medical debt). BillMeLater (owned by Paypal) is one of my creditors. Can or will Paypal try to take money out of my bank account to cover the debt? Will they close my Paypal account? [more inside]
posted by anonymous on Apr 25, 2013 - 6 answers

Will my credit score improve 2 years after my chapter 7 bankruptcy?

My wife and I declared bankruptcy 22 months ago. It was the only way, and we have no regrets whatsoever. We managed to keep our house and what little equity we had. We are looking to move to a different house, and are curious about our mortgage options. My credit score today was 681, which is just on the edge of where (so I read) you can get a conventional mortgage. In two months, when we get past the two year mark on our bankruptcy, will the score go up appreciably, or is it a gradual thing? [more inside]
posted by anonymous on Mar 18, 2013 - 4 answers

I bought a business a few years ago, and now it's making me completely miserable.

I own an Apple reseller somewhere in the United States. I bought this company from the former owner a few years back, despite having no education in business whatsoever (other than what I've learned on the job.) When I first took over as owner, it was kind of fun, challenging, a lot of work, and just slightly profitable (though with a debt from the loan I took out to buy the business). It was like this for about a year. Since then, not so much. Most days, I feel trapped and hopeless. So now I seek ideas. [more inside]
posted by anonymous on Mar 12, 2013 - 20 answers

Can a bank refuse to cancel a bank draft?

My former bank refuses to give me a refund on an un-cashed bank draft. [more inside]
posted by fiTs on Feb 20, 2013 - 5 answers

Help me fix my debt fiasco

Please help me get my financial situation in order during a separation from my husband. Looking for advice and suggestions from your own experience, or factual knowledge of "legal separation" in Washington state. Also looking for personal experiences relating to credit counseling, credit attorneys, etc. [more inside]
posted by virginia_clemm on Dec 7, 2012 - 7 answers

Post BK car purchase?

I have poor credit and need to get a car. What is the best way to go about this? [more inside]
posted by anonymous on Nov 30, 2012 - 6 answers

Elements of Fraud of Creditor

What are the elements of a "fraud of creditor" defense in Chpt 13 bankruptcy case? [more inside]
posted by Flood on Nov 20, 2012 - 24 answers

How to get my finances in order this late in the game?

Starting from scratch at 45 years old, what's the best strategy for saving money & planning for old age? [more inside]
posted by anonymous on Nov 10, 2012 - 11 answers

Looking for online bankruptcy debtor education recommendations.

Can you recommend a specific online bankruptcy debtor education provider? There are a billion and the ones I've looked at don't fill me with calm reassurance. [more inside]
posted by anonymous on Sep 28, 2012 - 2 answers

how did he do it?

Has this guy found a way to not pay medical bills, if so, what is it? (in the USA) [more inside]
posted by Tarumba on Sep 16, 2012 - 13 answers

Do I tell the debt collection firm I have nothing?

Question about debt collections. Do I tell them I have no assets? [more inside]
posted by anonymous on Aug 31, 2012 - 7 answers

Need Help Facing Daunting Subject of Bankruptcy

I am seriously considering declaring bankrupcy. I have a few main questions: 1) Do I need to know each company I owe money to? My parents opened all kind of credit cards in my name years ago, and I don't know about the specifics, and would like to avoid speaking to them as they are not exactly trustworhty. 2) How do I actually start the process? Who specifically do I see to manage declaring bankruptcy, considering I have zero cash? 3) If I have a credit card in my name, for which my partner is the main holder, will I have to cancel my part of that card, which I hold only for emergencies? [more inside]
posted by asimplemouse on Jul 22, 2012 - 26 answers

What happens with a bankruptcy?

I am thinking I might need to file bankruptcy, but have very basic questions. Help would be appreciated. [more inside]
posted by anonymous on Jun 28, 2012 - 15 answers

Bankrupt

I think I need to file bankruptcy. Guilt and shame. [more inside]
posted by anonymous on Jun 26, 2012 - 17 answers

How should I resolve my debt?

Debt Management Plan or Bankruptcy? or Option C? YANAL and YANML [IL filter] [more inside]
posted by anonymous on Jun 19, 2012 - 6 answers

Who should I be talking to about my debt?

I have about $10-20k of unsecured debt that is over 5 years old. The money has been discharged to collections and I have had judgements against me. [more inside]
posted by laptolain on Jun 16, 2012 - 11 answers

Presumably this is the point of an escrow account.

GMAC Mortgage is filing Chapter 11. Is there any reason to hire a lawyer? [more inside]
posted by mkb on Jun 4, 2012 - 6 answers

Rebuilding my credit after bankruptcy

Chapter 7 bankruptcy will be discharged in 60 days. What should I do to start rebuilding my credit? [more inside]
posted by anonymous on Jun 1, 2012 - 14 answers

Bought a new car -- can't keep it; can't return it

I've been denied for a car loan retroactively. What are my options? There are complications. [more inside]
posted by robotyoshimi on Apr 27, 2012 - 21 answers

I have student loans ... in someone else's name.

I have student loans in my ex's name. Can I buy them back into my name, and how? [more inside]
posted by fracas on Feb 1, 2012 - 4 answers

My In-laws are sinking and pulling my family under.

My in-laws are broke, bankrupt, and have massive car payments. How can we help dig them out of this smoking crater without falling in? [more inside]
posted by anonymous on Jan 24, 2012 - 16 answers

Car loans for the recently bankrupt

I declared bankruptcy about 6 months ago. I have two small children. I need a new (to me) car. What are my options? [more inside]
posted by anonymous on Jan 11, 2012 - 22 answers

Where to turn for advice when a co-signer defaults on his house loan?

Where to send my wonderful neighbor who really, really needs help? My neighbor is one of the kindest, most amazing people I have ever had the pleasure to know. He just came to ask me for advice about a financial problem that he is now facing. He co-signed for a mortgage loan for his son-in-law a few years ago, and just found out that his son-in-law lost his house. A collection agency just called my neighbor at work and is demanding payment of $90K. Where can I send him for help? [more inside]
posted by jeanmari on Dec 8, 2011 - 27 answers

Do I reveal my bankruptcy on loan app?

Do I have to reveal a bankruptcy that has fallen off my credit report when applying for a car loan. My credit union is asking me directly if I have EVER declared bankruptcy on its loan application. I have waited till it dropped off to apply for a loan but the way it is worded has me worried. I have not filled out the app yet and was thinking it might be better to go in person and talk with someone. My credit score is 736 which I think is pretty good, but I am still worried about this question. Any experience with this anyone?
posted by cairnoflore on Nov 12, 2011 - 14 answers

My brother needs his knee fixed but can't pay for it.

My brother was scheduled to have knee surgery, but has just lost insurance coverage. How can I help him? [more inside]
posted by Vorteks on Oct 26, 2011 - 16 answers

Trademark Valuation

How does a small family business estimate the value of its trademarks? [more inside]
posted by Joanie Loves Yahtzee on Sep 6, 2011 - 2 answers

At least I'm not on the OTHER end of this affair

So I just learned I'm a creditor in a bankruptcy case. NOW what? [more inside]
posted by EmpressCallipygos on Aug 18, 2011 - 12 answers

I just want my suit back

My dry cleaner appears to have gone out of business with my clothes in their possession. What can I do to get my stuff back? [more inside]
posted by sevenyearlurk on Aug 16, 2011 - 11 answers

Starting Over......

Have you claimed bankruptcy in the last few years? Help! Where do I start? [more inside]
posted by KogeLiz on Jul 27, 2011 - 10 answers

Bankruptcy Auto Loan

Anyone have success being approved for a car loan 7 months after a bankruptcy? [more inside]
posted by luciddream928 on Jul 19, 2011 - 5 answers

Bankruptcy self-filing

Filing for chapter 7 bankruptcy in Washington State. Need advice and resources on self-filing. [more inside]
posted by anonymous on Mar 2, 2011 - 8 answers

Can a pregnant person get health insurance if her employer goes bankrupt?

What do we do for health insurance if my employer goes bankrupt? I'm pregnant. [more inside]
posted by anonymous on Jan 19, 2011 - 13 answers

Seriously, they told me my check was in the mail.... and I believed them. How do I protect myself during an employer's bankruptcy?

My employer filed for Chapter 11 Bankruptcy with little warning. What can I and my fellow employees (both currently employed and those recently laid off) do to protect ourselves? [more inside]
posted by aristan on Jan 16, 2011 - 9 answers

i don't like money, actually, but it quiets my nerves…

have you been through a bankruptcy? what was it like for you? how has it affected your life? [more inside]
posted by anonymous on Dec 7, 2010 - 6 answers

American Express Never Forgets

I recently applied for a corporate American Express card through work and they told me that they found an old written-off debt from 1990 under my name. How best should I handle this? [more inside]
posted by anonymous on Aug 31, 2010 - 5 answers

Will winnings be taken in banko?

YANML: If you are receiving a lump sum after filing bankruptcy, but BEFORE the bankruptcy is discharged, can that be seized as an asset? [more inside]
posted by anonymous on Aug 28, 2010 - 7 answers

Sue me baby

I am working with a lawyer to declare bankruptcy. I was served papers last week that show I am being sued by big huge credit card company for unpaid debt - around $30,000. I contacted my lawyer when I got served and she said if we could file before the date we had to appear in court there would be no problem. Hilariously, though, she is on vacation out of the country until just before the date I must appear in court, and I just got email from her assistant saying that we would probably not be able to file bankruptcy before the deadline and that I may have to 'file a response' to the suit. [more inside]
posted by anonymous on Aug 12, 2010 - 10 answers

Help, I've debted and I can't get up.

I owe my ex-school lots of money, and don't know what to do. Help! [more inside]
posted by shesaysgo on Aug 5, 2010 - 22 answers

Immigration and Bankruptcy

Will filing bankruptcy (UK) affect my chances of being granted a spousal visa? [more inside]
posted by anonymous on Jul 20, 2010 - 9 answers

How can I help my employees?

I opened a glass shop thirty years ago, and it will soon succumb to the economy. In those thirty years I've always thought of my employees as one big family, and that's the way they think about myself and each other. [more inside]
posted by ok on Jul 16, 2010 - 17 answers

Two Names Sign on Title, One Name Leaves

NotMyLawyerFilter: How can we get my girlfriend's ex-husband's name off her car title? Of course, there are complications... [more inside]
posted by Saxon Kane on Jul 13, 2010 - 6 answers

Need to consult an Attorney - but which kind?

Need to consult an Attorney - but which kind? [more inside]
posted by Kensational on Jul 7, 2010 - 5 answers

Will a BK hurt my chances at getting a job?

I have a job interview coming up that I'm a little nervous about, and needless to say I want some advice. It's a long read, so bring a cup of coffee for this one. If you can offer any insight or advice, I'd greatly appreciate it. (Long story short, I've got a previous "BK" filing that I'm worried about) [more inside]
posted by wamsille on Jun 16, 2010 - 7 answers

Non-profit financial blues

What happens to a new part-timer if non-profit employer goes under? [more inside]
posted by anonymous on May 17, 2010 - 2 answers

Westchester foreclosure advice

I need advice/an attorney recommendation. We live in Westchester County, NY, and are considering walking away from our co-op mortgage. [more inside]
posted by anonymous on Apr 7, 2010 - 4 answers

[foreclosure filter] Must we clean the home we lost?

House is being foreclosed on after a long battle with the bank. We've got mere days to move and nowhere to go. Can we leave behind furniture, etc, that we can't afford to move or dispose of? Are we liable to clean the house? [more inside]
posted by anonymous on Mar 28, 2010 - 11 answers

Broke and wanna leave, but how?

DebtFilter: should I declare bankruptcy before leaving the USA for a long time? Details within. [more inside]
posted by anonymous on Mar 21, 2010 - 14 answers

Getting a Non-Mortgage Mortgage?

Our bankruptcy is less than 2 years old, but we are trying to get a mortgage. Contract-for-deed or rent-to-own will not work, so don't suggest those. Everybody, whether a bank or a mortgage broker, says "FHA requires 2 years post-bankruptcy before we can lend to you," but is my only option really to wait? [more inside]
posted by AzraelBrown on Mar 17, 2010 - 11 answers

Is a short sale of my house a viable option?

I need to get out of my house, and it's not all due to financial reasons. Is short sale a viable option? [more inside]
posted by anonymous on Feb 11, 2010 - 10 answers

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