How Long Do I Have to Leave My House After Filing Bankruptcy?

How Do I Get Financing for a Vehicle After Bankruptcy?

Often, when a person files bankruptcy, they are in one of four situations regarding a vehicle:

They are behind on their payments and must surrender the car (this usually happens in a Chapter 7 bankruptcy).

They drive an older vehicle that is paid off.

They are borrowing a friend or family member’s vehicle.

They are current on their payments and are able to keep their car in a Chapter 7 bankruptcy or they are able to catch up on the payments in a Chapter 13 bankruptcy.

If you fall into the first three categories, odds are, not too long after your bankruptcy is complete, you will need to purchase a new vehicle. Unfortunately, most people do not have enough extra money to pay cash for a reliable vehicle. Instead, they must look at financing an automobile.

Male'­s hand writing in the document

If you need to finance a vehicle, you should wait until your bankruptcy has been discharged. If you can, you should then wait a few months and be sure that you pay all of your bills on time – even your utility bills. This will help you to begin rebuilding your credit.

When you are ready to look into financing, be sure to “shop around” at various dealerships to get competitive interest rates and prices. With the ability to do research online many of our clients have had a lot of success by shopping around online. You have the ability to contact a countless number of financing companies to see what opportunities they can provide for you.

 

Do not look at brand new vehicles – instead, you should be looking at two or three year old vehicles that are new to you. This will help to dramatically reduce your purchase price.

Do not be surprised if you receive an interest rate between 13-20% after your bankruptcy, simply as a result of your bankruptcy filing. One way to compensate for a higher interest rate is to look at vehicles with a lower purchase price – you must ensure that you can afford the monthly payment in your budget. For more on monthly budgeting, look at our budgeting after bankruptcy series.

The biggest thing to keep in mind when obtaining financing for a vehicle after bankruptcy is that you want a reasonable and dependable vehicle – one that you can truly afford, not necessarily the nicest, newest vehicle on the lot. That can come in time after you are able to get a lower interest rate.

What Happens When I Surrender My Property in Bankruptcy?

Will My Children’s Privacy Be Protected If I File Bankruptcy?

What To Look For In A Credit Card After Bankruptcy

Credit Card DebtYes, credit cards are the evil culprit for many folks who have had to file bankruptcy, but credit cards are not entirely terrible.  Having a credit card helps in many ways to help build your credit, you just need to get the right one that is tailored for you and your needs.  For someone who is coming right out of a bankruptcy, all you wish to do is move forward and a credit card is one of your first steps in establishing good credit.  There are a few things that you need to look for in one when you are ready to start establishing credit.

What are the start up fees?  Are there hidden fees?

Many cards do not have an application fee, but will have annual fees that will be incurred in the future and in many cases, you must pay it when you first sign up for the card.  You will want to do thorough research on this, because in some cases, the annual fee may be low, but the hidden fees may hit you hard!

What is your interest rate?

This is a given.  Just like you would not want to buy a car with a high interest rate, you do not want a card with one either.  Once you leave a balance (i.e.: you do not pay the card off immediately after using it) your credit card company is going to charge interest.  Even if you are not using the card, they will still charge interest on the balance of the card.

Keep your balance low

Credit bureaus do not determine your score solely by whether or not you have made your payments on time.  They also look into your balances.  You do not want to have a high balance on a card because it will bring your score down.  A high balance is how much you owe on the card.  If you have a card that only has a $300 credit limit, you need to try to keep your balance owed on the card under $150.

Get a secured credit card

This is sometimes, but not always, a great way to start to establish credit.  You will have to put money “down” on the card (which is what your credit limit is based upon, for example, you put $300 down, then your credit limit would be $300.)  You will need to look into it whether these cards report to the credit bureau.  If they don’t, the card won’t help you establish payment history.

Can I Open A New Bank Account After Filing Bankruptcy?

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Yes. There is no law that prohibits a debtor from opening a bank account after filing bankruptcy. However, if you owed money to a bank (i.e. for a credit card, loan, overdraft fees, etc.) and they were included in your bankruptcy, chances are you might have a difficult time opening an account with that institution.

You may need to shop around in order to find a bank that is willing to open a new account.

Prior to filing bankruptcy, if you have an account with a bank that you owe money to, your attorney may recommend that you close that account and open a new account at a bank where you have not borrowed funds or owe money. Generally speaking, it is best to open a new bank account before you file bankruptcy to ensure that you have a bank account with an institution who you do not owe money to.

How To Get Financing For A House After Bankruptcy?

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Many people assume that because they have had poor credit and needed to file bankruptcy to get their fresh financial start that their ruined credit will prevent them from financing and purchasing a home. That is not necessarily the case but certain factors will affect the ease and timing of a new home purchase.

The Waiting Period

Family-in-Front-of-HouseBankruptcy will remain on your credit report for up to ten years but that doesn’t mean you have to wait that long to finance a new home. Through the thousands of cases that we have filed over the years we have seen numerous clients be able to purchase a new home as little as two years after filing bankruptcy. However, that doesn’t necessarily mean that you will get the best rates for your mortgage so soon after bankruptcy. Generally, you can get good rates after four years depending on whether you experienced a foreclosure, deed-in-lieu of foreclosure, or a short sale of your previous home.

The FHA requires as little as 3.5% down after two years to qualify for a loan. Some lenders may even qualify you just six months after bankruptcy but will do so with a higher interest rate and down payment. Fannie Mae and Freddie Mac, the two privately owned companies who dominate 90% of the conventional mortgage industry and are heavily regulated by HUD, have a variety of waiting periods based on various factors. If extenuating circumstances exist such as job loss, serious illness, severe injury resulting from an accident, or death, Fannie Mae and Freddie Mac’s waiting period is 3 to 7 years after foreclosure. Without extenuating circumstances, the waiting period is 5 to 7 years to obtain a conventional loan. If you want to buy after a deed-in-lieu of foreclosure (the exchange of the deed to your house for a considerably smaller sum than what it would cost the bank to go through a lengthy and expensive foreclosure process) the waiting period is 4 to 7 years or 2 to 7 years with extenuating circumstances. You must wait two years after a short sale, i.e. your lender agrees to the sale of your home for less than you owe on the note. Your new home purchase must be a principal residence, not a vacation or rental home.

Improving Your Qualification for Financing a New Home

Bankruptcy, foreclosure, deed-in-lieu of foreclosure, and short sales will have a negative impact on your credit score. Anyone who tells you otherwise isn’t telling you the whole truth. However, you can use the time between filing your bankruptcy an getting a new mortgage to rebuild your credit which, in turn, will improve your financing options.

If your credit reports shows open and overdue balances, contact all three credit reporting agencies and insist that your debt be shown as included (and therefore wiped out) in the bankruptcy. Make sure any other errors on your report are also corrected.

You might want to get a secured credit card, which gives you a credit limit equal to the amount you deposit in the bank. It may only be a $200-$500 limit but it erases any danger of running up your card to uncontrollable levels. Pay your credit card bill every month on time and often the secured credit card can be converted to an unsecured card in 12-18 months for good credit behavior.

Installment loans can help rebuild your credit too. Be prepared for very high interest rates on vehicle loans at first but they can also be refinanced within a few years of good credit behavior. Also, student loan (not discharged in bankruptcy) repayment can be another good way to restore your credit by paying them on time.

For more information on how to rebuild your credit after bankruptcy review our 6 Steps to Rebuilding Credit After Bankruptcy blog post series. This will be important to helping you reestablish your credit so that you can achieve the best financing rates possible for your new home purchase.

Budgeting After Bankruptcy: Step #5 – Use Technology to Help You

Step #1: Determine Your Average Monthly Income
Step #2: Know Your Expenses
Step #3: Create a Balanced Budget
Step #4: Review Your Budget Regularly

Step #5: Use a Technology to Help You

Step #5: Use Technology to Help You

By this time you’ve completed the “meat and potatoes” steps (Steps 1 through 3) that allow you to create your budget and you should be reviewing your budget regularly (Step 4). Now, how can we make following your budget and gaining your financial freedom even easier? Let’s use technology!

Laptop IconI’ll admit it – I’m a huge technology guy. I use it in all kinds of areas of my life and I think we can leverage the power of technology to make our lives much easier. There are a ton of different pieces of budgeting technology. Here are a couple of our favorites:

Mint.com: This is probably my favorite of all of the online budgeting tools. Mint.com allows you to link your bank account to a budget. It uses 128-bit SSL encryption to protect your information – that’s the same security technology that banks use to protect your online banking. Mint.com will pull your bank account information and categorize what has been spent into different categories. You can then set goals (based on your budget) and it will track your progress towards reaching those goals. One of the best features is that you can look at your budget on any given day and see how much you have spent on each category (food, personal care, bills and utilities, mortgage / rent, etc.) and how much more you have to spend for that month. This is a great way to continually monitor your performance in a visual and easy to understand way. The best thing – Mint.com is free. You can sign up and get started in less than 10 minutes, and they also have iPhone and iPad applications.

Wesabe.com: Wesabe.com isn’t a whole lot different than Mint.com. I think Mint.com is a little bit better at being an overall budgeting package but what I really like about Wesabe.com is it ties in the presence of an online community. In other words, when you sign up for an account you can ask questions and discuss your budget with others. We have seen that people have a greater chance of success when they can voice their accomplishments and potential hurdles with others.

Another option is to create a Microsoft Excel template. This is easy to do and can be done in less than five minutes. However, I really like the way Mint.com and Wesabe.com show you what you are spending in a graphical format. It’s one thing to be told what you are spending money on but to actually be shown is a whole different ballgame.

In the future we expect the two tools discussed above and other online money management programs to use historical data and demographics, including geography, to show you what other people in a similar situation are spending each month.

Regardless, you can use online tools to simply the budgeting process. Do the legwork to put a great budget together then use one of these, or any other online tool to help you lower your expenses and increase your savings and the amount of money in your pocket at the end of each month.

Budgeting After Bankruptcy: Step #4 – Review Your Budget Regularly

Father and Daughter on ComputerStep #1: Determine Your Average Monthly Income
Step #2: Know Your Expenses
Step #3: Create a Balanced Budget
Step #4: Review Your Budget Regularly

Step #5: Use a Technology to Help You

Step #4: Review Your Budget Regularly
The first three steps in this series are really the “meat and potatoes” of creating a budget after filing bankruptcy. This next step discusses techniques that can be used to ensure that you stick to your budget and the financial freedom you have worked for.

Once your budget is completed it is critical that you regularly review your budget. Contrary to what many people think – your budget should not be set in stone. Instead, your budget is a malleable and ever changing guide. It is important to change your budget as it becomes necessary.

Your budget will largely mirror your life events and goals. If you have children who are preparing for college then you may find it necessary to set aside a little money each month for college savings. Similarly, you may have a car that is 15 years old and you know that you need to be saving for a new car. Your budget will need to reflect your goals and priorities.

It is also important to review your budget regularly because in doing so you may be able to catch “cash leaks” or other areas of the budget that are understated. Catching these pitfalls of your budget early will allow you to adjust your budget and will greatly increase your chances for success.

During the bankruptcy process we will speak with many of our clients about budgeting post bankruptcy. There are areas within your bankruptcy, such as Schedules I and J, which may help you draft your own budget. I typically encourage my clients to take their budget and put it on their refrigerator or next to their computer. Your budget should be strategically located in a place where you will look at it often so you can measure your success or be aware of potential stumbling blocks. Again, this really comes back to that “financial honesty” that we discussed in prior posts.

Reviewing your budget regularly will allow you to maximize your chances of success and, just as important, increase your surplus at the end of each month.