Lease charges that a business would have to go through can generally be seen as a type of debt that a business will be relieved of after it goes through a pre pack liquidation. Because of this the old terms of a lease that a business had at some place will be eliminated after the process is handled. The phoenix business that comes out of the pre pack administration will have to look into a new plan with regards to getting a lease.

In most cases a phoenix business will be able to work with a new lease that is at the old location that the original business was based out of. This can be beneficial in that it allows for a seamless transition from one business ownership to another. In some cases a new lease can be created with different terms and different rent rates.

Be aware though that in some cases lease groups might look into charging extra amounts of money for rent when a business gets into a new format after a pre pack administration takes place. When a business is at a better financial standing and does not have to deal with the past debts that it had to deal with some business space owners might take advantage of the new money that a business can work with.

The way how business space leases are handled with the process of a pre pack administration is great to check out. This is something that can help to get a business to be able to operate at its old location and with a new lease deal.

In other types, the debts are reconstructed to help the company or person repay the debt in a way that they can do. Sometimes, they are called liquidations while other times they are referred to as reorganizations. In either case, they are a serious, and financially life changing event that should not be taken lightly.

Chapter 7, 11, 13: What’s With The Numbers?

There are several types of bankruptcy, each defined by a number that is representative of where the item is in the tax code. Here’s a look at the differences in each of these.

Chapter 7: This type of bankruptcy is called liquidation. Any property owned is liquidated or sold to get the value from it. There are some types of property that are exempt from bankruptcy.

This exempt property changes from one state to the next. Once the allowable property is sold, the value from it is used to pay down debts, as the court determines. Once everything is liquidated, in most situations any remaining debt is forgiven.

When looking at bankruptcy service; it pays to do some careful research and seek help and support from professionals.

Chapter 11: This type of bankruptcy is one for businesses. It is used for partnerships and corporations. Those that file this will file for a reorganization of their debts. Like Chapter 13, you will need to pay down your debts over a period of time, while all property is kept. Generally, the business is kept up and running, but debts are restructured so they can be repaid over time.

Chapter 13: This is a reorganization type of bankruptcy in which the debts you have are reorganized in such a way that it helps you pay them faster and without as much interest added. In this type of bankruptcy, you will keep your property. You’ll need to establish a repayment plan with the court, which generally requires that the debt is paid off over a period of two to five years, depending on your needs.

Frequently Asked Questions

There are bound to be questions about bankruptcy. Here are some of the most common:

* Will I lose my home? Every state defines what property is allowable to keep during a bankruptcy (chapter 7) but in most cases, it is considered a secured debt. If you are in good standing with that lender, chances are good you’ll be able to keep the home as long as you keep making payments. To help repay your lenders some states will require you to liquidate the value of the home if there is a substantial amount of value in it.
* Do I need an attorney? With the new bankruptcy laws that have been put in place, it is now not only common but necessary for you to have an attorney to help you through the process. They will help you meet guidelines and timelines and they will help you qualify to be a filer, as many people are finding out they do not qualify due to new laws.
* Will it destroy my life? Bankruptcy is a serious undertaking which will place a black mark on your credit history for the next ten years. It will be more expensive to use credit and you may find it more difficult to make purchases on credit.

In many situations, bankruptcy is the best thing for you. Be careful with using it though. New laws only allow you to file bankruptcy in dire situations.

Those with poor credit should carefully consider whether or not re-financing is ideal for them at the present time but the process is not much different for them as it is for those with good credit. Those with bad credit who want to learn more about re-financing should consult a mortgage advisor who specializes in mortgages for those with bad credit. Additionally the homeowner should carefully evaluate their credit score and whether or not it has improved. Finally the homeowner should evaluate their options carefully to ensure they are making the best possible decision.

Consult a Mortgage Advisor

Consulting with a mortgage advisor is recommended for those with poor credit. These homeowners may be knowledgeable about the process of re-financing but their situation warrants consulting with an industry expert. This is important because a mortgage advisor who specializes in obtaining mortgages and re-financing for those with bad credit will likely be very knowledgeable about the types of options available to the homeowners.

When consulting with the mortgage advisor, the homeowners should be completely honest about their financial situation and should provide the expert with all of the information he needs to assist them in finding an ideal re-financing agreement. Being completely candid will be very helpful in enabling the mortgage advisor to assist the homeowner in the best way possible.

Consider Whether or Not Your Credit has Improved

Homeowners with bad credit should carefully consider whether or not their credit has improved since the original mortgage was secured. Homeowners who have documented proof of past credit scores can compare these scores to current values. Each citizen is entitled to one free credit report per year from each of the major credit reporting agencies. Homeowners can obtain these reports for use in making comparisons to the previous credit scores. Imperfections on the credit report such as bankruptcies, delinquent or missed payments and other transgressions do not remain on the credit report.

These blemishes are often erased from the credit report after a certain period of time. The amount of time the transgression remains on the report is proportional to the severity of the offense. For example a bankruptcy will remain on the credit report for significantly longer than a late payment. In examining the credit report, homeowners should consider the overall credit score but should also note whether or not previous offenses are being erased from the credit report in a timely fashion.

Evaluate Re-Financing Options Carefully

Once a homeowner has tentatively made a decision to re-finance the mortgage, it is time to start considering the many options that are available to the homeowner during the process of re-financing. Most homeowners mistakenly believe one factor of the re-financing process they have no control over is the interest rate. While this rate is largely dependent on the homeowners credit score, even those with poor credit have the ability to lower their interest rate by purchasing point. A point is typically equally to 1% of the total loan amount and may translate to a ¼ of a percentage point on the interest rate. When deciding whether or not to purchase points, the homeowner should carefully consider the amount of time it would take the homeowner to recoup the cost of purchasing the points. This will help to determine whether or not it is worthwhile to purchase one or more points when re-financing.

Homeowners will also have options in terms of the type of loan they choose when re-financing. Common options include fixed rate mortgages, adjustable rate mortgages (ARMs) and hybrid mortgages. The interest rate remains constant with a fixed rate mortgage, adjusts with an ARM and is fixed for a period of time and adjustable for the remainder of the loan period with a hybrid loan.

A Chapter 7 bankruptcy petition is meant for people whose debts far exceed their assets and would have extreme difficulty ever settling their current debts. This type of bankruptcy would result in the liquidation of all assets, aside from those that merit exemption. All proceeds from liquidation would then be split among the creditors you owe.In return, you are discharged from all applicable debts. Once Chapter 7 bankruptcy is filed, your creditors must cease and desist from all lawsuits, wage garnishing, phone calls and letters related to your debts.

Chapter 13 bankruptcy serves not to discharge you from your debts but rather to reorganize them and repay them within three to five years. This option is preferable for people with property and assets they want to keep and/or a predictable source of income allowing them to repay their debts and maintain a standard of living. This type of bankruptcy allows the debtor to keep their property and file a repayment schedule with the court. If you file for Chapter 7 bankruptcy but a judge deems you fit to pay, you may be forced to re-file under Chapter 13. This could happen for any number of reasons, from assessment of your income to the value of your property.

Once you’ve filed for bankruptcy, by law your creditors must cease and desist from any action against you regarding your debts. This includes phone calls, letters, lawsuits and wage garnishing. You should be careful to consider any co- debtors in your decision about whether or not to file for bankruptcy. If your creditors cannot collect from you, they will go after anyone who has co-signed a loan with you.

No matter how you slice it, filing for bankruptcy will do damage to your credit rating. However, most people who file for bankruptcy already have poor credit ratings that are unlikely to get much worse from declaring bankruptcy. Your bankruptcy will be listed in your credit report for ten years after the date of filing. Ultimately, the opportunity to make a fresh start by wiping out existing debts and rebuilding credit is often preferable. Before making the decision to file for bankruptcy, it is a good idea to talk with a lawyer, financial advisor or credit counselor to ensure you are making the right decision for your long-term financial future.

Consider All of the Options

Homeowners who are seriously considering re-financing owe it to themselves to consider all of the options available to them. They may have a friend who recently refinanced with a specific type of loan but this might not be the solution for all homeowners. Each homeowner should consider their situation to be individual and not likely to closely mirror the situations of others.

Some of the options to consider include the type of re-financing loan. The basic options are fixed interest rates and adjustable interest rates. There are also mortgages which combine these two options. The homeowner may have a specific type of mortgage in mind but the lender may or may not be willing to offer the homeowner this type of loan. Lenders are more likely to offer fixed interest mortgages to homeowners with good credit and adjustable rate mortgages to homeowners with poor credit.

Consider the Lender

Homeowners will also have to carefully consider the lender they select. This is important because not all lenders are going to be willing to offer the same interest rates and terms to the homeowner. Homeowners may have to receive quotes from several different lenders in a short period of time to make an accurate comparison. This is important because interest rates can change without notice and homeowners who wait too long to make a decision may find the rate they were originally quoted is no longer available to them.

When selecting a lender the homeowner should also consider how responsive the lender is to their questions. This is important because a lender who does not pay attention to the homeowner or respond to their inquiries in a timely fashion can make the process of re-financing considerably more stressful than necessary. Selecting a lender who offers slightly higher rates but is more responsive may be warranted.

Consider the Cost of Re-Financing

Re-financing is not cheap. There are certain costs associated with re-financing. These costs are typically very similar to the closing costs associated with securing an original mortgage on a property. These costs may include application fees, loan origination fees, property taxes, appraisal fees and other miscellaneous items. These costs can be quite extensive and homeowners may find they are often left paying more than the benefits they are going to gain from re-financing. In this type of situation the homeowner should make the decision not to re-finance because it is not a financially sound decision.

Consider the Hassle of Re-Financing

Let’s face it; re-financing can be an absolute hassle. The time and energy spent researching different re-financing options and contacting lenders to see who will offer the most favorable rates can be quite taxing. A homeowner should consider the time and effort required for this endeavor in deciding whether or not to re-finance. Simply stated, refinancing is a hassle and homeowners may better spend their time with family and friends rather than running around trying to find the best rates in town.

This article will attempt to make this issue less complex by providing a function definition for debt consolidation and providing answer to two key questions homeowners should ask themselves before re-financing. These questions include whether the homeowner will pay more in the long run by consolidating their debt and will the homeowners financial situation improve if they re-finance.

What is Debt Consolidation?

The term debt consolidation can be somewhat confusing because the term itself is somewhat deceptive. When a homeowner re-finances his home for the purpose of debt consolidation, he is not actually consolidating the debt in the true sense of the word. By definition to consolidate means to unite or to combine into one system. However, this is not what actually happens when debts are consolidated. The existing debts are actually repaid by the debt consolidation loan. Although the total amount of debt remains constant the individual debts are repaid by the new loan.

Prior to the debt consolidation the homeowner may have been repaying a monthly debt to one or more credit card companies, an auto lender, a student loan lender or any number of other lenders but now the homeowner is repaying one debt to the mortgage lender who provided the debt consolidation loan. This new loan will be subject to the applicable loan terms including interest rates and repayment period. Any terms associated with the individual loans are no longer valid as each of these loans has been repaid in full.

Are You Paying More in the Long Run?

When considering debt consolidation it is important to determine whether lower monthly payments or an overall increase in savings is being sought. This is an important consideration because while debt consolidation can lead to lower monthly payments when a lower interest mortgage is obtained to repay higher interest debts there is not always an overall cost savings. This is because interest rate alone does not determine the amount which will be paid in interest. The amount of debt and the loan term, or length of the loan, figure prominently into the equation as well.

As an example consider a debt with a relatively short loan term of five years and an interest only slightly higher than the rate associated with the debt consolidation loan. In this case, if the term of the debt consolidation loan, is 30 years the repayment of the original loan would be stretched out over the course of 30 years at an interest rate which is only slightly lower than the original rate. In this case it is clear the homeowner might end up paying more in the long run. However, the monthly payments will probably be drastically reduced. This type of decision forces the homeowner to decide whether an overall savings or lower monthly payments is more important.

Does Re-Financing Improve Your Financial Situation?

Homeowners who are considering re-financing for the purpose of debt consolidation should carefully consider whether or not their financial situation will be improved by re-financing. This is important because some homeowners may opt to re-finance because it increases their monthly cash flow even if it does not result in an overall cost savings. There are many mortgage calculators available on the Internet which can be used for purposes such as determining whether or not monthly cash flow will increase. Using these calculators and consulting with industry experts will help the homeowner to make a well informed decision.

Researching Re-Financing Online

The Internet has not only made it easier for homeowners to re-finance but it has also greatly simplified the process of learning more about re-financing. Again homeowners from past generations might have to rely on industry professionals and published books on the subject of re-financing. However, today’s homeowners can look up re-financing and find a wealth of useful information regarding the different types of loans and re-financing options available. Homeowners can also use the internet to access calculators which perform the complicated equations homeowners previously had to leave up to the trained professionals. These same calculations which may have taken a considerable amount of time to complete and correct are now solved within a fraction of a second.

Select a Reputable Lender

Homeowners who are doing the majority of their re-financing research and searches online should carefully consider the lender they choose. This is important because whether a lender is found online or offline, care should be taken to ensure the lender is reputable. The easiest way to do this is to stick with a well established lender who comes highly recommended by friends and family members. This does not mean new lenders and smaller lenders are not reputable but there is significantly less risk involved in selecting an established lender than there is in selecting a new lender.

LendingTree.com

Homeowners who are investigating their re-financing options online may find the website LendingTree.com to be a very valuable resource. This website offers articles and calculators which the homeowner can use to gain the knowledge they need to make an informed decision. The articles on the website are written in clear and concise language which is easy to understand and the calculators are extremely user friendly and allow require the homeowner to enter in a few variables to obtain the desired results.

Another great feature of this website is the inclusion of a link which provides access to obtaining a free credit report. The process is very simple although it does require the homeowner to verify their identity. This is done to protect homeowners from identity theft or other acts of fraud. This is significant because homeowners are likely to realize the terms of their mortgage re-finance will depend largely on their credit score. Homeowners who have good credit will likely be offered favorable rates and terms while homeowners with less than perfect credit will not be offered favorable rates and terms.

However, the most significant feature of this website is the ability to obtain up to four quotes from qualified lenders by filling out one simple form. The information required is rather basic in nature and is information which most homeowners have readily available. Once this information is submitted into the system, the responses are received from up to four lenders almost instantly. The information contained in these reports is customized for the homeowner according to the information inputted into the system.

When Credit Scores Improve

There are currently so many home loan options available, that even those with poor credit are likely to find a lender who can assist them in realizing their dream of purchasing a home. However, those with poor credit are likely to be offered unfavorable loan terms such as high interest rates or variable interest rates instead of fixed rates. This is because the lender considers these homeowners to be higher risk than others because of their poor credit.

Fortunately for those with poor credit, many credit mistakes can be repaired over time. Some financial blemishes such as bankruptcies simply disappear after a number of years while other blemishes such as frequent late payments can be minimized by maintaining a more favorable record of repaying debts and demonstrating an ability to repay existing debts.

When a homeowner’s credit score improves considerable, the homeowner should inquire about the possibility of re-financing their current mortgage. All citizens are entitled to a free annual credit report from each of the three major credit reporting bureaus. Homeowners should take advantage of these three reports to check their credit each year and determine whether or not their credit has increased significantly. When they notice a significant increase, they should consider contacting lenders to determine the rates and terms they may be willing to offer.

When Financial Situations Change

A change in the homeowner’s financial situation can also warrant investigation into the process of re-financing. A homeowner may find himself making considerably more money due to a change in jobs or considerably less money due to a lay off or a change in careers. In either case the homeowner should investigate the possibility of re-financing. The homeowner may find an increase in pay may allow them to obtain a lower interest rate.

Alternately a homeowner who loses their job or takes a pay cut as a result of a change in careers may hope to refinance and consolidate their debt. This may result in the homeowner paying more because some debts are drawn out over a longer period of time but it can result in a lower monthly payment for the homeowner which may be advantageous at this juncture of his life.

When Interest Rates Drop

Interest rates dropping is the one signal that sends many homeowners rushing to their lenders to discuss the possibility of re-financing their home. Lower interest rates are certainly appealing because they can result in an overall savings over the course of the loan but homeowners should also realize that every time the interest rates drop, a re-finance of the home is not warranted. The caveat to re-financing to take advantage of lower interest rates is that the homeowner should carefully evaluate the situation to ensure the closing costs associated with re-financing do not exceed the overall savings benefit gained from obtaining a lower interest rate. This is significant because if the cost of re-financing is higher than the savings in interest, the homeowner does not benefit from re-financing and may actually lose money in the process.

The mathematics associated with determining whether or not there is an actual savings is not overly complicated but there is the possibility that the homeowner will make mistakes in these types of calculations. Fortunately there are a number of calculators available on the Internet which can help homeowners to determine whether or not re-financing is worthwhile.

Determine Your Goals for Re-Financing

The first step in any re-financing process should be for the homeowner to determine his goals and why he is considering re-financing. There are many different answers to this question and none of the answers are necessarily right or wrong. The most important thing is that the homeowner is making a decision which helps him achieve his financial goals. While there are no right or wrong answer to why re-financing should be considered there are, however, certain reasons for re-financing which are very common. These reasons include:

* Reducing monthly mortgage payments
* Consolidating existing debts
* Reducing the amount of interest paid over the course of the loan
* Repaying the loan quicker
* Gaining equity quicker

Although the reasons listed above are not the only reason homeowners might consider re-financing, they are some of the most popular reasons. They are included in this article for the purpose of getting the reader thinking. The reader may find their mortgage re-financing strategy fits into one of the above goals or they may have a completely different reason for wanting to re-finance. The reason for wanting to re-finance is not as important as determining this reason. This is because a homeowner, or even a financial advisor, will have a difficult time determining the best re-financing option for a homeowner if he does not know the goals of the homeowner.

Consult with a Re-Financing Expert

Once a homeowner has figured out why they want to re-finance, the homeowner should consider meeting with a re-financing expert to determine the best refinancing strategy. This will likely be a strategy which is financially sound but is also still geared to meeting the needs of the homeowner.

Homeowners who feel as though they are particularly well versed in the subject of re-financing might consider skipping the option of consulting with a re-financing expert. However, this is not recommended because even the most educated homeowner may not be aware of the newest re-financing options being offered by lenders.

While not understanding all the options may not seem like a big deal, it can have a significant impact. Homeowners may not even be aware of mistakes they are making but they may here of friends who re-financed under similar conditions and receive more favorable terms. Hearing these scenarios can be quite disheartening for some homeowners especially if they could have saved considerably more while re-financing.

Consider Not Re-Financing as a Viable Option

Homeowners who are considering re-financing may realize the importance of evaluating a number of different re-financing options to determine which option is best but these same homeowners may not realize they should also carefully consider not re-financing as an option. This is often referred to as the “do nothing” option because it refers to the conditions which will exist if the homeowner does not make a change in their mortgage situation.

For each re-financing option considered, the homeowner should determine the estimated monthly payment, amount of interest paid during the course of the loan, year in which the loan will be fully repaid and the amount of time the homeowner will have to remain in the home to recoup closing costs associated with re-financing. Homeowners should also determine these values for the current mortgage. This can be very helpful for comparison purposes. Homeowners can compare these results and often the best option is quite clear from these numeric calculations. However, if the analysis does not yield a clear cut answer, the homeowner may have to evaluate secondary characteristics to make the best possible decision.