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Bankruptcy And Mortgage Refinance Rates (bankruptcy)
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Bankruptcy And Mortgage Refinance Rates


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Bankruptcy Laws in California
California bankruptcy laws allow the use of federal supplemental exemption in conjunction with California exemptions. These laws are derived from federal bankruptcy laws, from Title 11 of the United States Code.

The state of California is divided into four bankruptcy districts, each with a bankruptcy court named after the district. They are California Eastern bankruptcy court, Californi... Read bankruptcy article



Bankruptcy Laws in California
California bankruptcy laws allow the use of federal supplemental exemption in conjunction with California exemptions. These laws are derived from federal bankruptcy laws, from Title 11 of the United States Code.

The state of California is divided into four bankruptcy districts, each with a bankruptcy court named after the district. They are California Eastern bankruptcy court, Californi... Read bankruptcy article



Bankruptcy And Mortgage Refinance Rates
It isn't difficult to get approved for a California mortgage refinance after bankruptcy, but it is difficult to get low interest rates and fair loan terms. The exact impact of bankruptcy on interest rates will depend on the type of bankruptcy you filed and the state of your credit upon applying.

Mortgage Refinancing After Chapter 7 Bankruptcy

If you filed Chapter 7 liquidation bankruptcy, getting a mortgage refinance with a fair rate won't prove to be too difficult. Because you have significantly lowered your debt, you will be an attractive borrower in the eyes of any lender. The lender will also take into account the fact that you cannot file Chapter 7 for another eight years. This lowers your risk factor dramatically and allows you to qualify for a better interest rate on your California mortgage refinance right off the bat.

Mortgage Refinancing After Chapter 13 Bankruptcy

Borrowers who have filed Chapter 13 bankruptcy will also benefit from a lower debt to income ratio, but not right away. Borrowers will have to improve their standing by making regular Chapter 13 payments for a period of time. The good news is that after 12 to 18 months, a borrower could refinance themselves out of Chapter 13 using the equity in their California home.

Average Rates for California Mortgage Refinance Loans

Interest rates vary depending upon the lender. The average interest rate on California refinance loans is 5.58 percent. After filing bankruptcy, you will probably be paying a rate that is several percentage points higher than the average. The exact amount you will pay will depend on your credit score. The lower your score is, the more you will be expected to pay. If you want to qualify for conventional loan rates that are near the average, you will need a credit score of at least 650.

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Advantages And Disadvantages Of Chapter 7 Bankruptcy

Chapter 7 bankruptcy, also often called straight bankruptcy is basically a liquidation process. You as a debtor must hand over all your property (except the exempt one) to the trustee who is appointed by the court. Trustee then sells of or changes that property in cash that is returned back to your creditors.

You as a debtor are going to be discharged within a period of up to four months.

Why is Chapter 7 so popular?

If you have no property to lose, Chapter 7 bankruptcy will provide you with an opportunity for a fresh start. Or so it was before the 2005 bankruptcy law changes.

Chapter 7 bankruptcy is without a doubt the most usual type of bankruptcy filed in the US. It is usually filed for by either an individual or a business (business file usually for Chapter 11) when his debts become unbearable. You may choose to file for it by yourself or that decision may be forced upon you by the court.

If you are a business, you will be required to sell all of your assets, return money gained by the sell of to the creditors and close down your operation. For individuals filing for Chapter 7 bankruptcy the process is similar with only difference being that you have nothing to close down.

Be aware that under the new bankruptcy law some kind of debts can no longer be discharged.

So what are the advantages of filing for chapter 7 bankruptcy?

1. Any debt amount can be completely cleared, and once you are discharged, you are 100% clear of debts.

2. There is also no minimum amount of debt needed in order to file for it.

3. Creditors no longer have any claim on you. Your wages and possessions bought after the discharge are your own and nobody, except you, has any claim over them.

4. It is very fast, you stand a very good chance of your claim being discharged in the next 4 6 months.

And the disadvantages are?

1.You can loose all your property.

2. Not all debts can be discharged.

3. Your home loan co-signers can end up paying for your loans (unless they seek similar protection)

4. You can only file for Chapter 7 bankruptcy once every 6 years.

5. Your credit rating will be shattered (but there are ways to improve it). In addition, you will find it much harder to get a loan of any kind.

6. If you are a young person, it will be very difficult for you to buy home and start a family with Chapter 7 around your neck, and if you are already married, you should know that divorce very often accompanies bankruptcy.

7. Withdrawing your claim for Chapter 7 is extremely difficult if not impossible.

So there you have it, make sure to get a good bankruptcy lawyer and consult with her/him whether you should or should not file for Chapter 7 bankruptcy.




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Bankruptcy And Mortgage Refinance Rates
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