Law Offices of Michael J. Primus

Personal & Business Bankruptcy Attorney serving San Francisco Bay Area Since 1993

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The Continuing Problem of Identity Theft

March 25, 2023 by primuswebadmin

Identity theft is rampant. In fact, January 2023 in an ironic twist Norton Lifelock, the largest consumer cyber security platform in the world with over 80 million users worldwide disclosed a data breach subjecting some customers to potential identify theft. In this post, I discuss what identity theft is, how it occurs, the impact it can have on people, what steps can be taken to protect against it, and provide additional resources.

What is Identity Theft?

Identity theft is the act of stealing someone’s personal information for the purpose of committing fraud or other illegal activities. This information can include a person’s name, social security number, driver’s license number, credit card information, and more. Once a thief has obtained this information, they can use it to open new credit accounts, make purchases, apply for loans, and commit other fraudulent acts.

How Does Identity Theft Occur?

Identity theft can occur in a variety of ways. One of the most common methods is through phishing scams, in which an attacker sends an email or text message that appears to be from a legitimate source (such as a bank or government agency) and requests personal information. Other methods include hacking into databases that contain personal information, stealing mail or trash that contains personal information, and stealing wallets or purses.

The Impact of Identity Theft

The impact of identity theft can be significant and long-lasting. In addition to financial losses, victims may experience damage to their credit score, difficulty obtaining credit or loans, and even legal troubles if the thief commits crimes in their name. Identity theft can also be emotionally distressing, as victims may feel violated and vulnerable.

How to Protect Against Identity Theft

Fortunately, there are steps that individuals can take to protect against identity theft. Some of these steps include:

  1. Monitoring financial accounts regularly: By keeping an eye on bank and credit card statements, individuals can quickly detect any fraudulent activity.
  2. Shredding personal documents: Before throwing away any documents that contain personal information, such as credit card offers or bank statements, it is important to shred them to prevent thieves from obtaining them.
  3. Using strong passwords: When creating passwords for online accounts, it is important to use a combination of letters, numbers, and symbols, and to avoid using easily guessable information such as birthdates or names.
  4. Being cautious with personal information: Individuals should be careful about sharing personal information online or over the phone, particularly with unknown sources.
  5. Freezing credit reports: By freezing credit reports, individuals can prevent new accounts from being opened in their name without their permission.

Conclusion

Identity theft is a serious crime that can have significant consequences for victims. By taking steps to protect personal information and monitoring accounts regularly, individuals can reduce the risk of becoming a victim of identity theft. It is important to remain vigilant and take action quickly if any suspicious activity is detected. By working together to combat identity theft, we can help protect ourselves and from this type of fraud.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in northern California and have debt problems, contact us for a free consultation.  Offices in Walnut Creek, Antioch and Hercules.

Additional resources:

www.identitytheft.gov/#/

www.consumerfinance.gov/consumer-tools/fraud/answers/key-terms/#identity-theft

Filed Under: Blog, Credit

When can I get a mortgage after bankruptcy?

June 6, 2021 by primuswebadmin

This is one of the most common questions I am asked.  In order to answer, I need to briefly discuss the two types of bankruptcy cases.  The most common type of bankruptcy is chapter 7 which forgives debts like credit cards and medical bills. Chapter 7 runs about 3 months from the date the papers are filed with the court to the date the case is discharged.  Chapter 13, on the other hand, is a personal reorganization that requires monthly payments to the court for 3 to 5 years.  In chapter 13, the discharge occurs at the completion of the payments.  The date of discharge starts the clock to get a mortgage.

The law essentially says that a lender can loan money whenever it chooses, meaning as a potential borrower you need to submit an application and wait for a response.  That said, lenders have underwriting criteria used in reviewing loan applications.  Underwriting criteria and waiting periods vary and are summarized here.

FHA Loans – The waiting period is two years after discharge of a chapter 7.  There is no waiting period after discharge of a chapter 13.  The Federal Housing Administration or FHA insures mortgages made by FHA-Approved lenders.  The FHA is the largest insurer of residential mortgages in the world and its policies create a ripple effect for all mortgage lenders.  These government-backed loans are made by commercial banks and generally offer favorable terms.

Conventional Loans – Generally the waiting period is four years after discharge of a chapter 7 and two years after discharge of a chapter 13.  These loans are not backed by the government and are offered by most major banks including Bank of America, Citibank, Wells Fargo and Chase.

VA Loans – The waiting period is two years after discharge of either chapter 7 or chapter 13 but can be reduced with a letter of explanation.  The Department of Veterans Affairs or VA insures mortgages for servicemembers, veterans and certain surviving spouses thereby allowing the lender to offer better rates and terms.  These government-backed loans are made by commercial banks and generally offer favorable terms.

Upon expiration of the waiting period (above) a lender will either disregard the bankruptcy or severely discount its importance.  Expiration of the waiting period alone does not qualify you for a mortgage.  After a bankruptcy, you should work to rebuild credit and gain or maintain documented income as well as save a down payment.  There are many lenders, and many types of loans so you need to carefully review your options.  Complicating matters, some lenders like Bank of America, Wells Fargo and many others are FHA and VA approved but also offer conventional loans.  All this may seem overwhelming, and if it does a mortgage broker can help you find the right loan for you.

In summary, with some determination and effort you will be able to qualify for a mortgage after bankruptcy if you wait at least two years and work to rebuild your credit. You can do this!

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

 

References

www.fha.com

www.knowva.ebenefits.va.gov

Filed Under: Blog, Credit

Can I Keep One Credit Card if I File Chapter 7 Bankruptcy?

January 15, 2020 by Michael Primus

Young Woman With Credit Many people in Concord, Antioch, Brentwood, Richmond, and Pinole have been forced to consider chapter 7 bankruptcy.  Most chapter 7 bankruptcies are filed to eliminate credit card bills, medical bills, and often lawsuits.  Some people are eager to say “good riddance to bad rubbish” when it comes to credit cards, others like to have at least one credit card after bankruptcy for emergencies or for making reservations or purchases online.  Many people wrongly say, “I will not put that card in bankruptcy so that I can keep it.”  This notion may seem like common sense; however, in the law it’s wrong.  The law requires disclosure of all debts, not just those to be forgiven.  Why?  The judge is entitled to know everything before deciding whether or not to forgive your debts.  The corollary is also true: you do not need to list accounts with a zero balance.  Meaning if an account has a small balance, for example $150, which can be paid before bankruptcy, then the account is not listed in bankruptcy.  Unfortunately, paying the bill before bankruptcy is not a sure-fire way to keep the card because a credit card company is free to close an account for any reason or no reason.  Often credit cards without a balance are closed shortly after bankruptcy as a result of “economic circumstances” or a “decline in credit rating.”  So what’s a person to do?

In Contra Costa County having a credit card is helpful for many day to day activities.  Having a credit card after bankruptcy can also help a person begin to build good credit.  So, what should a person in Richmond, Antioch, or Hercules do to get a credit card after bankrupty?  Most people are surprised to learn they will be pre-approved for new credit cards within 90 days of filing chapter 7.  These pre-approvals will be for low-limit (usually $300 to $500 limit) credit cards.  Nevertheless, this kind of card can be used for convenience as well as rebuilding credit.

At the Law Office of Michael Primus, we have helped hundreds of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa County and have debt problems, contact us for a free consultation.

Call now for a free in office consultation regarding bankruptcy.  Offices in Walnut Creek, Antioch and Hercules.

 

 

 

Filed Under: Bankruptcy, Blog, Credit, Featured

Rebuilding Credit After Bankruptcy

March 6, 2018 by primuswebadmin

Most people take good credit for granted, that is, until some life event changes things.  Financial adversity is never welcomed, but it is, nonetheless, a part of life.  The notion of rebuilding credit assumes your underlying financial problems have been resolved leaving bad credit but not unpaid debt.  The remaining question: how does one rebuild good credit? In this post, I present several tips to help you.

The first tip is to become an authorized user on a family member’s credit card.  Of course, this needs to be a credit card that is being used and paid in a timely manner.  An authorized user is not contractually liable for charges on the account and is not required to qualify but will get some credit report benefit when timely payments are made.  Naturally, this requires the cooperation of a family member.  Note: the family member is not required to actually give you the physical card nor are you expected to use it.

The second tip is to get two or three low-limit credit cards in your name.  You might think you will not qualify to get a credit card due to your credit but usually that’s not true.  In fact, most people receive preapprovals shortly after resolving their debts, even if they filed  bankruptcy.  Once you get a card (or two or three) it’s critical that all payments be made on time.  More than just making payments, the key here is to utilize about 20% of your available credit.  For example, if the card has a $500 limit, you should charge about $100 per month and pay it off.  The idea is not to max out the card, even a low limit card.

The third tip is to get a copy of your credit report and carefully look for errors.  A Federal Trade Commission study concluded that 20% of credit reports contain errors, but other studies have found errors in up to 80% of credit reports.  The law gives you the right to dispute inaccurate information in your credit report.  The Federal Trade Commission has excellent resources to assist consumers in correcting inaccurate information on a credit report.

Conversely, you should not bother with payday loans.  Typically, payday  loans will not be reported on your credit report which means they are of no use in rebuilding your credit.  Similarly, paying cash for purchases does nothing to demonstrate your ability to manage debt and repay loans in a timely manner.  This may seem counter-intuitive but you really need to take and repay loans to rebuild your credit.

In conclusion, you can expect to have good to excellent credit in 12 to 24 months after bankruptcy if you apply these tips.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

Resources:

www.ftc.gov

www.experian.com

Filed Under: Bankruptcy, Blog, Credit

What will my credit report show after bankruptcy?

July 12, 2017 by primuswebadmin

The idea of bankruptcy scares people, primarily because of the credit ramifications.  Often people wonder what will show on their credit report after bankruptcy.  Some people assume bankruptcy will remove everything except the bankruptcy.  Others are unsure what will show but assume it will be horrible.

Credit reports are intended to be an accurate chronology of financial events, before and after bankruptcy.  Most people assume their credit reports will be accurate, but that is rarely the case.  The credit reporting laws do not require lenders to report anything.  It is true, lenders are not required to report your payment history.  Most major banks like Bank of America, Wells Fargo, Chase and Citibank routinely report to the credit reporting agencies, but most payday lenders and small businesses do not.  This means your credit report may omit substantial information.

After a bankruptcy is discharged, your debts are forgiven and there is nothing due or late to report.  Often, accounts discharged in bankruptcy will be reported as “discharged,” but the law does not require it.  Unfortunately, the pre-bankruptcy late payments, collections and other problems will remain on your credit report.  They say time heals all wounds, and that is true for credit reports.  Most marks, good or bad, are removed after 7 years.

Most people realize good credit is a history of on-time payments, and bad credit is a history of missed or late payments.  Paying cash for purchases may be a wise financial decision, but it will not demonstrate your ability to repay loans.  If, for example, you take new credit cards after bankruptcy you can begin to establish a history of paying debts on time.  The way you use and pay revolving debt, like credit cards, accounts for 40% of your credit score making it the largest factor in a credit score.  Payment history accounts for 35% of your credit score making it very important too.

Once a lender decides to report to the credit reporting agencies, the law requires all reporting to be truthful and accurate.  The law gives consumers the right to dispute any mark that is not truthful and accurate.  Disputing marks on a credit report must be done in writing, so there is no point in calling the credit reporting agencies.  Written disputes can  be submitted by mail or online.

In summary, a credit report should accurately reflect financial events before and after bankruptcy.  After bankruptcy, you have the chance to begin anew.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

Filed Under: Bankruptcy, Blog, Credit

Millennials and the rise of payday and student loan debt

May 17, 2017 by primuswebadmin

Millennials are the young, digitally-savvy, generation born between the mid-1980’s and the early 2000’s.  With a world of information at their finger tips, Millennials are swamped with information.  Nowadays, the internet is replete with information, much of it biased or misleading making it all the more difficult to make sound financial decisions.    According to a recent report from Experian, which draws from the findings of several other studies, the use of payday loans are declining slightly for the population at large but spiking among Millennials.  Payday loans are short term loans with ultra high interest rates, often in the triple digits.  Many payday loans are taken online while others are available through small brick and mortar shops usually found in strip malls.  Payday loans offer money in minutes which Millennials seem to find alluring.

Payday loans are not the only loans Millennials are taking.  According to a report by the Federal Reserve Bank of New York, Millennials are also taking student loans at breakneck speed.  The volume of student loan debt in the U.S. has nearly doubled in the past decade.  At the same time, student loan delinquency rates are increasing.   Interestingly, college graduates with a bachelor’s degree or more have higher homeownership rates than non-college graduates whether or not they have student loan debt.  In fact, the homeownership rate for college graduates with a bachelor’s degree or more is very similar whether or not the person is carrying student loan debt.

The conclusion is that younger Americans are taking on ever increasing debt.  Payday loans are toxic because of the ultra high interest rates.  Student loans, on the other hand, generally have reasonable interest rates and do not impair the ability to purchase a home.  Payday loans are discharged through bankruptcy but student loans generally survive bankruptcy.

At the Law Office of Michael Primus we have helped thousands of clients get out of debt, stop wage garnishments, and start fresh through bankruptcy.  If you live in Contra Costa, Alameda or Solano counties and have debt problems, contact us for a free in-office consultation.  We have offices in Walnut Creek, Antioch, and Hercules.

References:

www.experian.com/blogs/ask-experian/audio-millennials-payday-loans

Diplomas to Doorsteps: Education, Student Debt, and Homeownership

 

Filed Under: Blog, Credit

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