Understand Your Credit Cards

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Understand Your Credit Cards

Not all credit cards are the same. In fact, some are not even “credit” cards. It pays-and can save you a considerable amount-to know what kind of card you have, how and when to use it, and what, if anything, it costs.
Credit cards are issued by banks under the umbrella of familiar companies such as Visa, MasterCard and Discover. Credit cards have a revolving debt cycle, which means that in each billing period you can spend up to a set credit limit and pay back some-at least the minimum payment listed on the bill-or all of the money spent. If you pay the entire bill, that’s all you pay, but if you only pay part of the bill, you will owe interest on the remaining amount.
Since interest rates vary, it is important to read the fine print very carefully before signing up for a credit card. Fixed rate cards are the most common. The typical rate is 14 percent, with some lower, some higher. With variable rate cards, the rate is tied to the prime rate, with the addition of an extra 6 to 9 per cent. Variable rate cards make sense when the prime is low but become less attractive with a rising prime rate. Cards that offer an introductory zero or very low rate for a fixed period jump to an indexed or fixed rate when that period is over.
Again, before signing up for a credit card, be sure to read all the fine print carefully. You need to know about interest rates, but also about late fees, over-the limit fees, charges for cash advances, how interest is calculated-on new purchases when made or after a “grace” period-even what it might cost not to use the card, since some cards carry a minor fee for non-use over a given period of time.
“Charge” cards, like American Express, require the balance to be paid in full each billing period. (Note: some American Express cards now allow revolving “credit” billing for certain expenses.) These cards are ideal for purchases you intend to pay for immediately, but not for large expenditures you want to pay for over time.
Store cards used to be “charge” cards, but most now operate like credit cards-and be sure to check the interest rates-except that they can only be used at the issuing store or chain of stores. That means your Home Depot card only works for purchases at Home Depot, not at Sears or Target or anywhere else. The proliferation of store cards may be one reason so many families carry a number of different cards. To add to the confusion, some stores now issue credit cards that can be used more widely.
Debit cards draw funds directly, and immediately, from your checking account, just as paper checks do. Increasingly consumers find debit cards more convenient than checks or cash for groceries, gas and other small, but routine, purchases plus a little extra cash. Debit cards are so easy to use that, unless you keep a hefty balance and careful track of how much you spend-just as you should with paper checks-checking accounts are easily overdrawn. Banks now charge overdraft fees, just as they do for bounced checks.

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What is a reaffirmation agreement?

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What is a reaffirmation agreement?

A reaffirmation agreement is a contract between you and the creditor that you will pay all or a portion of the money owed, despite the bankruptcy filing. In return for keeping your property after the bankruptcy, the creditor promises that, as long as payments are made, the creditor will not repossess or take back the property.

Before entering into such an agreement, ask an attorney to ensure that your rights are protected and that any reaffirmation is in your best interest. If you are not represented by an attorney in your bankruptcy case, the reaffirmation agreement will have to be approved by the bankruptcy judge. The judge will ask questions to determine whether the reaffirmation agreement imposes an undue burden on you or your dependants and whether it is in your best interests. Since reaffirmed debts are not discharged, the bankruptcy court will normally only reaffirm secured debts where the collateral is important to your daily activities (i.e., a car). In any case, you’ll have a cooling-off period in which to cancel the reaffirmation agreement if you change your mind.

Reaffirmation agreements are strictly voluntary. They are not required by the Bankruptcy Code or other state or federal law.

(Reviewed 11.14.08)

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My creditor is attempting to collect on a discharged debt. What can I do?

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My creditor is attempting to collect on a discharged debt. What can I do?

If a creditor attempts collection efforts on a discharged debt, you can file an action with the court, reporting the action, and asking that the case be reopened to address the matter. The bankruptcy court will often do so to ensure that the discharge is not violated. The discharge constitutes a permanent statutory injunction prohibiting creditors from taking any action, including the filing of a lawsuit. A violation by the creditor is civil contempt, which is often punishable by a fine. The collector, but not the creditor, may violate the Fair Debt Collection Practices Act.

(Reviewed 11.14.08)

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Freeing me from my debts in bankruptcy is in exchange for losing some of my possessions. How does that work?

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Freeing me from my debts in bankruptcy is in exchange for losing some of my possessions. How does that work?

The Bankruptcy Law determines which assets of the bankrupt individual are turned over to the trustee.

The federal Bankruptcy Code provides that you can protect some property from the claims of creditors either because it is exempt under federal bankruptcy law or because it is exempt under the laws of your home state. You get to keep the exempt property. In a Chapter 7 case, the trustee will take any property that is not exempt and sell it to pay off creditors. (The “exempt” and “nonexempt” classification has no effect under a Chapter 13 bankruptcy, since a repayment plan is used to pay your debt obligations.)

Many states have taken advantage of a provision in the bankruptcy law that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, you have the option of choosing between federal exemptions or exemptions available under state law. Though the types of property that are exempt may be similar under both federal and state law, the value of the asset that can be excluded differs widely. If you are married filing jointly, both spouses must make the same exemption election.

(Reviewed 11.14.08)

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What is a hardship discharge in a Chapter 13 bankruptcy?

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What is a hardship discharge in a Chapter 13 bankruptcy?

There are limited circumstances under which the debtor may request the court to grant a “hardship discharge” in a Chapter 13 case even though the debtor has failed to complete plan payments. Generally, such a discharge is available only to a debtor whose failure to complete plan payments is due to circumstances beyond the debtor’s control, and through no fault of the debtor, after creditors have received at least as much as they would have received in a Chapter 7 case and when modification of the plan isn’t feasible. Injury or illness that precludes employment sufficient to fund even a modified plan may serve as the basis for a hardship discharge.

Consult with an attorney in order to determine if a hardship discharge makes sense in your individual situation different bankruptcy judges across the country apply different standards as to what “hardship” means. Your attorney will know how the bankruptcy court in your area views “hardship.”

(Reviewed 11.14.08)

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Which debts are discharged in bankruptcy?

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Which debts are discharged in bankruptcy?

The most common debts that you may get rid of are:

(1) utility bills

(2) some court judgments

(3) credit and charge card bills

(4) department store and gasoline company bills

(5) loans from family and friends

(6) newspaper and magazine subscriptions

(7) legal, medical and accounting bills,

(8) most unsecured loans (e.g., debts for which there is no collateral)

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Online Sales: Protect Yourself

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Online Sales: Protect Yourself

Online shopping is known for its simplicity and variety, but buyer beware: internet shopping can be risky. Here’s what you need to know if you’re planning to buy or sell online.
Sellers: Make It Legal, Make It Foolproof
If you’re looking to sell your wares online, congratulations! You’ve chosen a quick, easy and effective way to reach customers around the world. But watch out: e-commerce has its pitfalls. First, it is your responsibility to make sure your product can legally be sold to your target markets. For example, state and federal laws limit the sale of some products, such as food and alcoholic beverages, to other states or countries. In addition, the sale of weapons and firearms is strictly regulated. It might seem like a no-brainer, but knowing whether you’re allowed to sell is the first step in a successful online transaction.
The next step: security, security, security. Chargebacks (disputed sales, usually involving a customer withdrawing their transaction via credit card) can be avoided by following some simple sales steps. Make sure your site has a comprehensive and fair privacy policy so that prospective buyers feel their information is safe. Secure-socket layer (SSL) technology encrypts credit card and sensitive personal information to protect customers’ identities and is a must when you sell online. Once you’ve protected your customers’ interests, protect your own: make sure your system has built-in IP address verification and customer-input verification codes. A bit of foresight and a lot of exact record-keeping will reduce the chance of chargebacks and allow you to make sure your customers come back for more.
Buyers: Beware! Internet Commerce Security Is Key
If you’ve found the perfect product online, pause before initiating your e-commerce transaction. A bit of common sense can protect your identity and your hard-earned money. There are several red flags you should look for when shopping online. These include businesses that have no reputation or contact information, companies with scanty or unfair privacy and return policies, and Web sites that don’t go to great lengths to protect your precious personal information. Insist on SSL technology when you shop online – companies like Verisign provide such services and have great conflict-resolution procedures for when transactions go bad.
Another red flag: websites that ask for too much information, like Social Security numbers or bank account information in addition to your credit card number. Speaking of credit cards, it’s a great idea to use them during online shopping whenever possible. The transaction will be easy to track and is also subject to the Fair Credit Billing Act and/or purchase protections from your bank or lender. Make sure to save all receipts in case there’s a dispute. Record-keeping is key when it comes to internet commerce!
If you feel you’ve been the victim of internet fraud or that a site has unfair or unprofessional business practices, don’t waste any time before contacting consumer groups, such as the Better Business Bureau, or local and federal law enforcement. Make sure you’ve documented your claim – and read all the fine print. Knowledge is power when it comes to buying online. Pay attention to detail, and online shopping will be a breeze.

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What is a discharge in bankruptcy?

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What is a discharge in bankruptcy?

A “discharge” in bankruptcy means that you are legally free and clear of any obligation to repay certain debts; they are gone. The creditor no longer has any right to collect that debt. The debtor no longer has any obligation to repay it.

The timing of the discharge varies, depending on the chapter under which you file. In a Chapter 7 bankruptcy, for example, you normally receive a discharge just a few months after the petition is filed. In a Chapter 13 bankruptcy, the discharge typically occurs when you have successfully finished the payments you agree to make under your plan.

(Reviewed 11.14.08)

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Can my bankruptcy case ever be reopened?

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Can my bankruptcy case ever be reopened?

Yes, your case can be reopened in order to take care of new matters that crop up after the case. For example, if you receive an inheritance, a life insurance payout, or a divorce settlement within 180 days after filing, your case might need to be reopened to administer those assets. You might want to reopen the case to obtain an order discharging a debt when a creditor keeps pursuing you. The trustee might seek to reopen the case if it becomes apparent that you lied on your petition, omitted or concealed property, and so forth.

(Reviewed 11.14.08)

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Internet Scams: What Consumers Should Know

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Internet Scams: What Consumers Should Know

Ah, the Internet: with lightning-fast speed, incredible opportunities and worldwide connections, what’s not to love? Internet scams, that’s what. Unfortunately, a reality of the online world is that where there are interested customers, there are scammers and fraudsters. How can you protect yourself on the World Wide Web? Read on for some common scams to avoid:
Investment Fraud
If you’re interested in making money – and who isn’t? – you may be susceptible to investment frauds that nab your hard-earned cash in get-rich-quick investment schemes online. Disreputable brokers and online investment firms can both compromise your security and fritter away huge amounts of funds. How to prevent these frauds? Invest with both eyes open – look for a firm that’s reputable and has high recommendations from legitimate customers. Don’t fall for exaggerated claims of instantaneous wealth and ridiculously high returns on documented losers like penny stocks. Instead, rely on the (admittedly boring) advice investment professionals have been giving for years: there’s no foolproof way to play the market. It’s an adage to keep in mind as you navigate the choppy waters of online investments.
MLMs
Money-makers-to-be are also at risk for online multi-level marketing schemes (MLMs). These scams are similar to the “pyramid schemes” of yore. You’re roped in by promises of at-home income and huge profit margins, then forced to recruit other participants and pay huge buy-in costs. The catch with MLMs is that their products (from diet pills to properties) are only attractive to other potential sellers. In other words, you pay a huge price to start up a business that has no built-in customers! It’s a bad deal for anyone who doesn’t have money to waste on a huge business mistake. Red flags include overly exaggerated claims, high-pressure sales and huge start-up fees.
Web Cramming
Would-be businesspeople may also be at risk for web cramming, a scam in which a company offers a 30-day free trial of a custom-designed Web site, then racks up huge charges on your phone or Internet bill, even if you cancel. These scams might involve charges for products and services you’ve never even seen! It’s usually easy to nab web crammers by keeping an eagle eye on your ISP or telephone company’s bills. Dispute any wrong charges as soon as possible after they appear on your bill, and look for reputable web designers with solid, reasonable contracts instead of anonymous online Web site sellers.
Vacation Scams
Everyone loves a vacation, but some unfortunate consumers get gypped during vacation scams that can cost an arm and a leg – and ruin precious time off. These scams involve disreputable travel agencies that hawk package deals at extremely low prices. These bargain-basement deals might seem all-inclusive and are usually touted as luxury vacations. Unfortunately, the fun begins when consumers arrive at their destination to a locale that isn’t as comfortable or pricey as their package promised. The return home isn’t so fun either, with ridiculous and expensive surcharges adding insult to injury. How to insure yourself against the vacation from hell? Refuse to book travel with companies you haven’t researched. Be wary of one-size-fits-all package deals – and make sure never to agree to vague vacation promises that aren’t memorialized in writing.
Bottom line
Internet scams are everywhere! Fortunately, they’re also easy to spot. Just look for exaggerated claims, and go with your gut instinct. Document every transaction and act with caution. It just might save you precious time and money.
If you think you’ve been ripped off for a substantial amount of money, you may want to seek the advice of an internet lawyer.
To find out more information about protecting yourself when online shopping go to Online Sales: Protect Yourself.

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