The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, was suppose to eliminate the abuse of the bankruptcy system and clarify which debtors could file Chapter 7 Bankruptcy.
The mood at the time, led mostly by conservative lobbyists who represented various creditors in the banking industry, was to stop the perceived abuse of bankruptcy filings by the deadbeats who were trying to use the system for their own benefit.
Lobbying groups insinuated some debtors were abusing the system by running up large debts and escaping with their assets, due to liberal state and federal exemption laws. With the economy beginning to waiver, the lobbyists convinced Congress the bankruptcy laws should be updated. According to many bankruptcy judges and trustees, the changes to bankruptcy laws did little to eliminate the problems and may have actually made things worse.
What is wrong with the legislation? There are problems with the means test, which is used to determine if an individual, group, or business qualifies for Chapter 7 Bankruptcy.
Chapter 7 Bankruptcy, commonly called a “liquidation bankruptcy”, is the simplest and quickest form of bankruptcy. It is available to individuals, married couples, corporations, and partnerships. A court-appointed trustee gathers and sells non-exempt property, and uses the proceeds from the sale to pay the debtor’s creditors.
Debtors whose income is below the state’s median income are not subject to the means test. If the debtor’s income is above the state’s median income, a means test calculator is provided to calculate whether their income is too high to file for Chapter 7 Bankruptcy. Those who cannot pass the means test may be allowed to file Chapter 13 Bankruptcy and repay a portion of their qualifying debts with a 3 to 5 year debt repayment plan.
There has been some confusion and controversy about the means test. At the center of the controversy is the method used by the U.S. Bankruptcy Court for addressing the use of projected disposable income (PDI), disposable income (DI), and current monthly income (CMI).
On the official means test form, B-22A, the definitions are addressed in one manner to determine CMI and expenses, and in Forms I and J, they are addressed in different manners. These differences result in two different disposable incomes. Unfortunately, the Courts are divided on the definitions and usage, and the Supreme Court has recently made a ruling on part of the problems, but the ambiguities still exist.
Over 1.5 million people filed for bankruptcy last year with no significant drop in Chapter 7 Bankruptcy filings. The BAPCPA has not reduced bankruptcy filings, but it has created problems. Bankruptcies cost more to file and lawyers’ fees have more than doubled, online credit counseling is the norm, and the pace of personal bankruptcies is growing, nearing 2004 pre-reform levels.
Bankruptcy laws can be complicated, and you may need the expertise of a bankruptcy lawyer. If you need relief from the stress of debt and you live in or around the metropolitan area of Newark, New Jersey, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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RealtyTrac, the leading online marketplace for foreclosure properties, recently released its U.S. Foreclosure Market Report for April 2011. The report showed that there were 219,158 properties which filed some type of foreclosure proceedings in April. The proceedings included default notices, scheduled auctions and bank repossessions. This was a 9 percent decrease from March and a 34 percent decrease from April 2010. The report also showed one in every 593 housing units received a foreclosure filing during April 2011.
According to the Chief Executive Officer of RealtyTrac, foreclosure activity has decreased for the seventh straight month, bringing foreclosure to a 40-month low. He cautioned the slowdown was largely the result of massive delays in processing rather than a housing recovery.
Since the downturn in the economy in 2007, mortgage companies have been dealing with an enormous influx of defaults and have responded with one of the greatest foreclosure debacles since The Great Depression. Few mortgage companies have been innovative, let alone creative, in their approach to handling the defaults. Their archaic approach has included stiff-necked resistance to loan modifications, a demand for their money, and negative view of consumers defaulting on their loans. This attitude has not only forced the loan companies to foreclose on their secured property, it has forced thousands of Americans into bankruptcy protection.
The good news is there may be a new attitude about foreclosures from the loan companies. Their willingness, as feeble as it may be, to join the modern world of finance is somewhat hopeful. According to a news story posted on May 25, 2011, the Bank of America has decided to give away 150 repossessed houses in the Chicago area.
This public relations move has come at time when the bank is doing something it claims it should have done a long time ago, open 28 foreclosure prevention centers in 22 states. Depending on the rules, this creative move could be step one in helping to solve the foreclosure debacle.
Although consumers need to take personal responsibility for their home buying decisions, the mortgage industry also needs to admit their actions contributed to the current housing crisis. Banks, under pressure from regulators Fannie Mae and Freddie Mac, can do more to clean up their mortgage act. They can help lead our country to sound investment strategies.
Bankruptcy laws can be complicated, and you might need a bankruptcy lawyer to answer your bankruptcy questions. If you need relief from the stress of debt and you live in or around the metropolitan area of Pittsburgh, Pennsylvania, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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Over the past decade with the sky-rocketing costs of college, college students have racked up thousands of dollars in student loans. Many students have borrowed money to finance their college education, with the hope of improving their lives. Unfortunately many students find they owe so much money they cannot even make their initial debt payment.
One recent blog posts highlighted a Seattle couple who had borrowed close to $500,000 in student loans. This couple graduated but only made a combined income of $80,000. According to the blog article, “They took out as much as they were able to and didn’t even know how much they had. It’s the most egregious case I’ve ever seen.”
Although borrowing at this level is unusual, student loans have proliferated, mostly due to the increased cost of attending college. It is estimated that college costs now exceed inflation by as much as 6 percentage points a year. In fact, the average cost of attending a private school in the United States is a whopping $37,000 per year, making it out of reach for most middle class students.
Given the rise of educational costs, Congress has come to the rescue by raising the maximum of federal student loans. Grad Plus loan now allow graduate students to borrow the amount needed for the cost of attendance.
Not surprisingly, by 2009, students had racked up an estimated $24,000 in average debt by the time they reached graduation. If this increases at a estimated rate of 6% a year in another five years the average will hover around $30,000.
So what happens after you graduate? Unfortunately, you may find your mailboxes flooded with loan bills almost immediately upon graduation. Defaulting on a student loan can be devastating to your financial future. If you cannot pay, the government may come to collect. Debt collection efforts can include garnishing your wages, assigning your case to a collection agent, or withholding federal or state refunds.
Unpaid student loans can also cost thousands of dollars in interest and collection costs, most federal loans will be considered delinquent after 21 to 30 days. Consider how the fees and interest can add up. A student loan for $2,000, which defaulted 20 years ago, may now cost an estimated $30,000!
If you have a private loan the debt collector may not be able to garnish your wages or pursue the student loan indefinitely, but they can sue to collect the debt. Private loan companies are more likely to take borrowers to court, but they must do so within the state’s statute of limitations.
Succeeding in court will allow a private loan company to garnish your wages, levy your bank accounts or put a lien on your home. If you have a private student loan you cannot pay, talk to your lender. Some lenders may be willing to restructure debt payments if collection for the full loan amount seems doubtful
Does Bankruptcy Discharge a Student Loan?
Filing for bankruptcy protection will not allow you to discharge your student loans unless you can prove that repayment will create undue hardship for you or your family. Undue hardship is generally defined as the inability to provide an “adequate standard of living”, and this inability will continue over time. You must also prove that you made a good-faith effort to repay your student loan.
Under some conditions the bankruptcy court may require you to pay a portion of the loan without hardship and discharge the remaining part of the student loan.
If you have student loans and are considering filing for bankruptcy protection, contact a bankruptcy lawyer. Bankruptcy attorneys can review bankruptcy laws and evaluate your bankruptcy case.
Even if you are unable to discharge your student loan, discharging other unsecured debt may free up enough discretionary income to repay your non-dischargeable debts.
Options for your Student Loan
Generally, if you do not make a payment on your student loan it is considered “in default” within 270 days. If your loan is about to default, contact your lender and discuss you options. Allowing your student loan to default may eliminate your legal right to rehabilitate your loan or to receive future financial aid.
If you are unable to negotiate a new payment plan with your lender, you may have the option to consolidate your student loans with certain debt consolidation programs. Keep in mind debt consolidation efforts may affect your credit record.
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If you are in debt there are several options for attempting to repay your debts. One of the most popular options is credit counseling. Credit counseling allows you to work with a credit counseling services that will contact your creditors and develop a new monthly payment schedule, generally with reduced interest payments, to repay your debt.The credit counseling agency will collect a payment from you one time per month and will apply this payment to all of your consolidated debt. You must have sufficient income to repay your debts and all debt payments must be made on time.In exchange for debt negotiation, you will pay the credit counseling service companies a set fee which can range from $10 to $140 per month.
Pros of credit counseling services
Many view credit counseling services as a good alternative to bankruptcy. Debtors can avoid filing for bankruptcy, and many debtors may be able to pay off their debts within 5 years. Obviously, there are good credit counseling agencies and bad. Some of the larger services may have agreements with creditors and may have an easier time negotiating a new payment schedule.Credit counseling may help you live within a specified budge and can speed up your debt payments. It also allows you to make one monthly payment to the credit counseling agency instead of multiple payments to multiple creditors.
Cons of credit counseling services
Unfortunately, not all the news is good news. Like bankruptcy, using a credit counseling agency can affect your credit score. In fact, if you hire a credit counseling agency to help you with your debt repayments, this may appear on your credit report.Credit counseling may make it difficult to get new lines of credits, and you may be unable to continue to use the lines of credit that you already have. In addition, and this is a big one, disreputable credit agencies may fail to pay your creditors according to your debt repayment plan and may charge high fees for their services. Counseling services may also charge high upfront fees that will not be applied to your outstanding debt balances. Keep in mind that monthly fees will also not be applied to your debt balances.
Debts paid by Credit Counseling Agencies
Debts which may be consolidated by the credit counseling agency can include medical bills, credit card bills, unsecured bank loans, balances owed on car loans (which are in default), utility bills, student loan bills and tax debt. There will be certain types of bills that cannot be lowered or consolidated, such as child support, spousal support or criminal fines.Secured debt such as a car loan or mortgage is also not consolidated by the credit counseling agency, although the agency may be able to negotiate a payment plan to help you avoid repossession of your asset or foreclosure of your home.
Filing Bankruptcy as an alternatives to Credit Counseling
Credit counseling may not be right for everyone. If you do not have enough money to pay the minimum payment on your debt balances, plus the monthly fee, you may need to find an alternative. Credit counseling agencies are trying to get you out of debt and may accelerate your debt payment.If you have reviewed credit counseling and do not think it is right for you, you may consider filing for bankruptcy protection. Filing for Chapter 7 Bankruptcy will allow you to discharge most types of unsecured debt by liquidating your assets and using the money from the liquidation to pay your creditors.If you do not qualify for Chapter 7 Bankruptcy, you may be able to file Chapter 13 Bankruptcy. Chapter 13 Bankruptcy will stop home foreclosures, wage garnishments and bank account levies and will allow you to restructure your debt payments to repay your creditors over a 3 to 5 year period.Debts are paid in priority order, according to bankruptcy law, and a trustee is assigned to your bankruptcy case to distribute payments to your creditors. Creditors are also barred from contacting you or continuing their harassing debt collection tactics while you are under bankruptcy protection.No one wants to file for bankruptcy. It is a serious financial decision which should not be made without serious financial consideration, but if you have evaluated all of your other financial options and feel like filing bankruptcy is right for you, contact us by completing the FREE evaluation form. We will help you find a bankruptcy attorney in your area who can answer your bankruptcy questions.
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Usury is Latin for “interest on a loan”. Today the term usury refers to the interest charged above the rate allowed by law. It is generally considered charging an unreasonable or high rate of interest. Each state has its own usury laws establishing the interest rate that is considered reasonable and unreasonable.
For example, in the state of Connecticut, 12% is the usury rate that has been established for personal or consumer loans. Interest is not permitted to be charged in all civil suits. However, in the cases in which it is permissible, post judgment interest is allowed at the rate of 10%.
Connecticut courts follow generally accepted practice when it comes to cases involving personal loans with interest rates in excess of what is permitted by law. In such instances, a court in Connecticut can strike down a loan agreement with an interest rate in excess of the law claiming it is unenforceable and illegal. This action by the court relieves the borrower from any further obligation under the terms and conditions of the loan.
Due to the deregulation of the credit industry, it is too easy for the average American to get in debt. Over 1.5 million personal bankruptcies were filed in the United States last year, almost a 300% increase from those filed in 2006. What amounted to usury interest rate in the past seems to be common practice within the credit industry today.
In 1980, the Federal Government passed a special law which allowed national banks to ignore state usury limits and peg the rate of interest at a certain number of points above the Federal Reserve discount rate. In addition, specially chartered organizations like small loan companies and installment plan sellers have their own rules.
The laws in most states may not be enough to regulate credit card rates, and debtors, who have been the victim of aggressive credit card marketing and high interest rates, may need to seek bankruptcy protection. If you qualify and are inclined to pay the debts you owe, filing Chapter 13 Bankruptcy remains one of the most promising forms of relief.
Should you file for bankruptcy protection if you have exorbitant credit card debt? Talk to a bankruptcy lawyer and let them review your financial situation.
If you need relief from the stress of debt and you live in or around the metropolitan area of Hartford, Connecticut, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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According to a recent report published by CNNMoney, a record number of retirees, who are close to retirement, have lost a substantial amount of their retirement and savings. A variety of factors have contributing to the decline of their net worth including the housing crisis, devalued investments and the recession.
According to a report by the AARP Public Policy Institute (which polled more than 5,000 Americans, age 50 and over), a staggering 1 in 4 Americans who are 50 years old or older have very little money left in their savings accounts, with the majority having exhausted it during the recession. Savings accounts may be replenished, but what is even more troubling is that an estimated 67% of seniors have also dipped into their retirement portfolios within the last 3 years to pay their bills. The report also concludes an estimated 53% of seniors do not believe they will be able to retire and maintain their current standard of living.
What caused this dramatic loss of retirement savings? Was it the economy, devalued homes or job loss? More than 80% said it was all three. One-third mentioned their home had lost a significant amount of its value, and one-quarter claimed a job loss had impacted their retirement.
John Rother, AARP’s executive vice president for policy, strategy and international affairs, confirms, “Many older Americans have been buffeted by skyrocketing health care costs, dwindling home values, shrinking pension and investment portfolios and employment struggles.”
So how have seniors made ends meet? It is estimated that up to 12% were forced to drop their health insurance, while 50% failed to seek necessary medical care, dental care or take their prescribed medications.
Seniors are also delaying retirement or working part-time. An estimated 13% were forced out of retirement and are now seeking new employment. According to Rother, “Older Americans have good reason to be worried about the future because they have less time than others to recover from the impact of the last three years. When older Americans are borrowing against their future or betting against their health, serious challenges lie ahead.”
Recent reports also indicate that more seniors have resorted to second mortgages to pay for their long-term care or health care expenses. Bankruptcy filings have also risen approximately 12% in the last 14 years for seniors, who now account for approximately 22% of all bankruptcies.
Filing for Bankruptcy Protection
If you are a senior and you are faced with high credit card debt payments, a job loss, a medical crisis or severe economic crisis, the news in this blog is not surprising. Your savings or retirement account balances may have been depleted months ago.
No one wants to file for bankruptcy. It is a serious financial decision which should not be made without serious financial consideration, but if you have evaluated all of your other financial options and feel like filing bankruptcy is right for you, contact us by completing the FREE evaluation form. We will help you find a bankruptcy attorney in your area who can answer your bankruptcy questions.
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According to the National Bankruptcy Center, consumer bankruptcy filings rose in February of 2011. The American Bankruptcy Institute Executive Director, Samuel Gerdano, said, “Though consumers are striving to reduce their debt burden, high unemployment and a poor housing sector continue to fuel new bankruptcies.”
Personal bankruptcies have fallen 8% compared to the same time a year ago. The data for the first couple of months might indicate consumers won’t have a repeat performance of bankruptcy filings in 2010, where more than 1.6 million bankruptcies were reported (the highest level in five years).
Not everyone can avoid bankruptcy. When are you financially bankruptcy and when should you consider filing for bankruptcy protection? If your current sustainable income plus any cash reserves will not pay all of your living expenses, pay interest on outstanding loans, and reduce some of your principal on those loans, while paying on them for five years, you may be bankruptcy. Paying off debts for five years is chosen because five years is the maximum legal number of years a United States Bankruptcy Court allows for a bankruptcy repayment plan.
Avoiding bankruptcy in this economy may take planning, skill, and luck. Our country has enjoyed good fortune (luck) throughout most of its glorious history, and most citizens have reaped the economic benefits. Even last year when bankruptcy filings were very high, the number of filings was only 1% of the adult population.
Bankruptcy can occur due to a divorce, foreclosure on personal or business property, loss of income, health problems, poor business decisions, bad timing, bad advice, or a poor economy.
Planning to avoid bankruptcy is not always successful, but without plans you are much more likely to experience bankruptcy. Planning to avoid bankruptcy can include purchasing insurance, contributing to a financial savings, building a reserve fund, and establishing a retirement account.
Developing good skills can also help you avoid becoming bankrupt. Some of the skills you might use to avoid bankruptcy include: accounting skills, specialty work or trade skills, social skills, reading and writing skills, and planning skills.
Can you avoid bankruptcy? If you have suffered a personal or financial crisis, maybe not. If you are considering filing for bankruptcy protection, you may need the legal expertise of a bankruptcy lawyer. If you need of relief from the stress of debt and you live in or around the metropolitan area of Oakland, California, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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Sharks are voracious predators. They are bottom feeders that eat almost anything, and they have the reputation of tenaciously ripping their prey apart with large teeth that are not only bone hard but razor sharp.
Scientists who have studied the behavior of sharks, say sharks circle their prey in order to size up the image they are observing. Since sharks have to keep water moving over their gills in order to breath, moving around an object in the water is the only way they can evaluate their prey.
The Wall Street Journal recently posted a news article written by Eric Morath. Seems the American Bankruptcy Institute (ABI) did a survey on their membership, consisting of lawyers, judges, and other bankruptcy officials. The survey reviewed whether or not junk debt buyers, the bottom feeders of the financial world, should be allowed to participate equally in the bankruptcy liquidation process after buying debt from the creditors of a failed company.
According to the article, junk debt buyers often buy debt in troubled companies for pennies on the dollar from vendors, bondholders and other creditors. The successful buyers then become vocal advocates in the bankruptcy case, pushing for larger recoveries for their level of debt or to take ownership in the company.
The speculative activity can have a negative impact on the bankruptcy process, but there are certain groups who disagree. In the ABI poll, 63% of the membership polled strongly disagreed with the statement, “a party that bought claims for pennies on the dollar should receive less in bankruptcy than the original claimants would have received.” Another 11% of the members who responded disagreed only somewhat with the statement and 21% of the respondents showed some level of support.
I was surprised by the response of those in the the bankruptcy industry. If the junk debt buyers never had a financial interest in the company prior to the bankruptcy, are there ethical issues surrounding such a strong active role by this group during the bankruptcy process? Are the junk debt buyers the sharks of the financial world?
The bankruptcy system still works, despite the predators, and hiring a bankruptcy lawyer can help you understand the complexity of bankruptcy laws. If you need relief from the stress of debt and you live in or around the metropolitan area of Baltimore, Maryland, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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According to the U.S. Bankruptcy Court in New York, bankruptcies filed in Buffalo and Rochester fell 15.8% since April of 2010. In a 17 county area, they continued to fall in Western New York for the 11th straight month. Some say, “The reduction in bankruptcies has been driven, in part, by a slowdown in mortgage foreclosures and less credit available for borrowers to get into trouble. That means the reasons for the drop have more to do with the secondary effects of the recession than with actual economic improvement.”
Basically, two areas in the current recession have been more responsible for driving people to bankruptcy- foreclosures and credit card abuse. The housing crisis caused a record number of foreclosures, but they have slowed considerably in the past year, partly because of the national controversy over “robo” signing and partly because of a glut in housing inventories.
The state of New York requires borrowers and creditors to meet in a settlement conference to try to work out a loan modification before a foreclosure can proceed. Settlement conferences have been particularly successful in places like Western New York, alleviating the threat of foreclosure.
Credit card abuse was rampant at the beginning of the recession when jobs were suddenly lost, and credit card companies shut down the availability of credit, especially to the less credit worthy. The banks used several methods to reduce credit including: reducing the marketing of new credit cards, denying new applicants, cancelling cards, and reducing credit lines. These actions stopped borrowers from accumulating debt. In addition, people with good credit cut back on their spending in response to the shaky economy.
Whether the economy is beginning to recover or not, bankruptcies are on the decline in Western New York. This area of the country, although economically wounded, was not hit as hard by either the housing crisis or the recession as some other areas of the country.
Nevertheless, with bankruptcies declining, some in the area believe it might be a sign people are having fewer financial problems, getting into less financial trouble, and beginning to get their houses in order. That is good news, not only for people in Western New York, but for the people around the country.
Although bankruptcies are dropping in Western New York, bankruptcies continue to be very common. Filing for bankruptcy can protect both the creditor and the debtor and can allow an honest person or business to solve their financial crisis.
If you are still struggling with your finances due to the recent recession or a home foreclosure caused by the housing crisis, you have the right to file for bankruptcy protection.
Bankruptcy laws can be complicated, and you may need the legal expertise of a bankruptcy lawyer. If you need relief from the stress of debt and you live in or around the metropolitan areas of Buffalo, Rochester, or Niagara Falls, New York, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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The 99ers, as they call themselves, are those people who have been unemployed for more than two years and have exhausted the full 99 weeks of state and federal unemployment benefits.
As part of the stimulus package, a 20 week federal extension was offered to participants. The mean average in 2011 for unemployment checks is $330 per week, according to MSN Money magazine. The average income in 2011 for an individual is approximately $550 per week. That means a 99er is making at least $220 a week less than normal. Once you use up your unemployment money, unless there is another extension, finding a job is critical.
US Today posted an article on May 17, 2011, written by William M. Welch, on the 99ers’ loss of benefits from long-term joblessness. He used this personal bankruptcy story of Susan Harrell of Akron, Ohio, as an illustration:
“Harrell, 58, has been jobless for more than two years and exhausted the full 99 weeks of state and federal unemployment benefits available to her. After earning as much as $60,000 a year, Harrell was laid off from her telecommunications job in 2005 and in April 2009, from a part-time bookkeeping job.
She says she has gone through her savings and 401(k) retirement plan. She’s lost her home, her car and health insurance and filed for bankruptcy. That was while drawing a $260-a-week unemployment check; now that is gone as well. She recently signed up for food stamps.
Harrell sees signs that her job outlook improving, particularly for low-paying jobs. However, she says few people seem interested in hiring someone her age, despite legal prohibitions on age discrimination.”
Not only has Harrell lost her job, she has lost her home, car, health insurance, retirement benefits and self-esteem. She had to file for bankruptcy to start over. Her story is similar to other people filing for bankruptcy protection.
Her unemployment benefits are about to run out. Harrell, like so many others, will have to take a job making much less than she has made in the past. This is termed “underemployment”, and outsourcing has been one of primary contributors to underemployment.
If you are laid-off or fired, younger and more inexperienced workers will often apply for your old job. Employers will hire these new employees for less, expecting them to remain with their company longer because they are younger. Many statistics show there are more than 200 qualified applicants for each job opening in today’s work market.
If you are a 99er like Harrell, there are no easy answers. You have the option, like she did, of starting over. You can file for bankruptcy, but you may need a bankruptcy lawyer who can answer your bankruptcy questions.
If you need relief from the stress of debt and you live in or around the metropolitan areas of Seattle, Bellevue, or Everett, Washington, contact us at www.betterbankruptcy.com .We will help you find a bankruptcy attorney in your area who will answer your bankruptcy questions.
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