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Bankruptcy Law 101

This is the article that no one hopes to need and we would prefer not to write.

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As of December 2007, bankruptcy filings are up 28% from last year and are expected to increase in 2008 due to the combined factors of high household debt and rising mortgage costs. American Bankruptcy Institute

This is the article that no one hopes to need and we would prefer not to write. The word 'bankruptcy' is weighed down by such doomsday words as failure, defeat, impoverishment...well, you're getting the depressing idea. However, it is not 'the end of the world' to declare bankruptcy. Instead of running away from this topic, it is time to demystify bankruptcy with a little 'Bankruptcy 101.'

What is bankruptcy?

For most people, bankruptcy is a way to get a fresh start after acquiring too much debt. Most individuals who file for bankruptcy will file under Chapter 7 or Chapter 13. Depending on which is filed, one may get most of their debt erased or work out a workable solution with lenders to pay off existing debt.

Are bankruptcy laws determined by Federal or State government?

Bankruptcy laws are made by the Federal government. States can pass laws that protect the "lender and debtor relationship" but they cannot regulate how a bankruptcy is processed or if it is to be granted.

Can all debts be erased?

No. Whichever type of bankruptcy is filed, there are certain debts that cannot be erased at all. These include alimony, child support, most student loans and legal judgments against fraud or criminal negligence such as a drunk driving accident. Some taxes may be erased, but not all. In fact, taxes have their own set of bankruptcy rules.

Do I need a lawyer?

When filing for bankruptcy it is important to find a bankruptcy lawyer who can help you navigate the process. Bankruptcy lawyers specialize in this area of law and are familiar with the distinct differences and effects of the process; they can be your greatest ally in a tough, seemingly bureaucratic system.

How long will bankruptcy effect my credit?

Bankruptcy will stay on your credit report for 10 years. There are ways to improve your credit rating and make yourself more appealing to lenders. For more information on this, check out this useful website: www.lifeafterbankruptcy.com. It is not an easy road back and those filing for bankruptcy should have a realistic expectation to work hard at their future spending practices.

Do I have to do debt counseling?

Yes. Under the new bankruptcy act passed in October 2005, it is now required that all persons applying for bankruptcy meet with a government qualified debt counselor first. After one has successfully filed for bankruptcy, the debtor must again meet with a counselor before the bankruptcy file will be closed.

What is Chapter 7 bankruptcy? (In a nutshell)

Chapter 7 bankruptcy is also known as a "liquidation of debt." A person can file for Chapter 7 every 8 years. This usually involves the liquidation of property to pay back debts. An appointed trustee sells all secured, non-exempt property for the debtor and distributes money raised among the lenders. Unsecured debts, such as credit card bills and most medical bills can be erased. This may mean the loss of secure debts such as a home. However, most states do have protections for debtors in place to insure they may keep life necessities such as clothing and some furniture. Retirement funds such as IRA's are also protected and debtors may keep these as well. After the changes to bankruptcy law in October 2005, many debtors may not get approved for Chapter 7 and be required instead to apply for Chapter 13. In short, if you still have an income and make more than the median for a household of your size in your state you may have to file for Chapter 13. To find out if you should be filing for Chapter 7 or Chapter 13, you can use a mean calculator like the one at legalconsumer.com. Again, this is where consulting a lawyer becomes very important.

What is Chapter 13 bankruptcy? (In a nutshell)

Chapter 13 bankruptcy is also known as a "reorganization of debt" or the "wage earners' plan." One can file for Chapter 13 more often as long as any previous filings are already closed. This is the bankruptcy for those trying to a find a way to get out of debt but still expect to pay off some of their debt. Generally speaking, if you still have a source of income and could make payments, just not the high ones you have now, you can be restructured into a debt payment plan under Chapter 13. This is the most likely to be used to try to stop a mortgage foreclosure. In this scenario, you can keep the house, car and more than you could under Chapter 7. There are limits to the amount of debt that can be restructured. If one is above those limits they would file under Chapter 11, however, the average American Joe/Jane is not in this category.

More Resources
US Department of Justice - US Trustee Program
www.usdoj.gov/ust/
A complete listing of approved credit counseling agencies is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm
A complete listing of approved providers of financial management instructional courses is available through links on this Web page. [Listed by state.] www.usdoj.gov/ust/eo/bapcpa/ccde/de_approved.htm

American Bankruptcy Institute
www.abiworld.org
The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
www.govtrack.us/congress/bill.xpd?bill=s109-256

Bankruptcy Action
www.bankruptcyaction.com
The objective of this website is to provide the person, thinking about filing bankruptcy, the information he or she needs to make an informed decision.

Lawyers Listings
www.lawyerslistings.com/about.shtm
Our mission is to present to the Internet community an easy-to-use site in which to search for law firms and individual lawyers.

Life After Bankruptcy
www.lifeafterbankruptcy.com
On this website you'll discover everything I did to recover so quickly...and many other bankruptcy recovery and credit repair strategies you'll find nowhere else.

NOLO Bankruptcy Library
www.nolo.com
Nolo is your legal companion, empowering you and saving you money whenever the law touches your work, life or finances.

US Courts - Bankruptcy Basics
www.uscourts.gov/bankruptcycourts/bankruptcybasics.html 
Bankruptcy Basics provides basic information to debtors, creditors, court personnel, the media, and the general public on different aspects of the federal bankruptcy laws.

What can you do to prevent Bankruptcy?

  1. Continue to take care of essential bills first: mortgage/rent, taxes, child support, and utility bills.
  2. Eliminate frivolous expenditures. No more department store credit cards, cable TV, magazine and newspaper subscriptions, etc. Be honest about what you can live without with for a while. 
  3. If you own your home, consider a home equity loan to get rid of high rate debts such as credit cards.
  4. Watch your credit report. Close unused accounts, check for errors and resolve any questions with lenders immediately.
  5. Know the warning signs: -Are you using credit cards to pay off bills or credit cards? -Are you borrowing against unprotected debt? i.e. Are you borrowing from a credit card to pay the mortgage? When you see you are bouncing debt around and not making any headway, it is a good time to look at credit counseling.
  6. Warning about credit counseling: If you choose to do debt consolidation recognize that it will effect your credit score. Also, make sure you understand how the payments will work and if you can really make the payment - sometimes they are set too high!
  7. Avoid aggressive lenders. If you begin to get offers for loans that sound too good to be true - they are! There has been a big push to penalize aggressive lenders who only help people acquire more debt. However, they are still out there and you should be a careful shopper of any loans you take.

Interior Design

What to Look for in Interior Design Schools

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The interior design industry is growing and is expected to grow 17% by 2014.* Those interested in this career should have strengths in interpersonal communication and project management. Interior designers work on a regular basis with business and home owners, architects and various trades professionals from carpenters to electricians. Planning these projects will take good communication and the ability to plan around various schedules. Interior designers should also have an artistic and creative mind. Many times they will need to "think outside the box" to make a space work with both function and aesthetic design. Most interior designers work through the following steps: assess the needs of the client, make a plan for review, calculate the estimated cost, select materials to be used on the project, contact architects and other trade professionals if needed, set a timeline, and coordinate all materials and labor for the project thru to completion. It is quite a list, but many enjoy the challenge all the same. Does interior design sound like something you would enjoy? Then time to sign up for classes! This month we look at interior design schools, what to look for in the school and where they are located in your state. Perhaps it is time to begin that new career.

Part I: What to Look for in Interior Design Schools

The recommendation is that those interested in interior design get a postsecondary degree for most entry level positions. Besides a school education, many interior designers also do anywhere from 1-3 years of apprenticeship in the field. Gaining this "real-world" experience can be just as important as the school education. Therefore, consider schools that help prepare you for work inside and outside the classroom.

  • Here are some items you should consider when choosing an interior design school:
  • Take a look at class size and curriculum. The school should offer both theory and hands-on experience in labs, internships or other projects.
  • Set up an interview with faculty and/or students along with a visit to the school. Some schools may let you sit in on a beginning level class for the day to get a feel for the school's culture and program style.
  • Consider the area of interior design you want to specialize in when choosing a school. Some schools may have more experience or strengths in different specializations. Areas of specializations vary: Commercial Design, Residential Design, Hospitality Design, Healthcare Design, Green Design and so on.
  • Get to know the faculty members via online bios or in-person interviews. Does their experience and expertise fit in with the type of interior design you wish to pursue?
  • If required in your state, the school should help you prepare for the state interior design certification/competency exam.
  • Check to see if the school you selected did the voluntary accreditation with the Council for Interior Design Accreditation or the National Association of Schools of Art and Design.
  • Find out what type of apprenticeships are available or if students must arrange their own outside "real-world" experience.
  • What kind of employment opportunities are available to graduates? The school should offer data about employment rates and a list of they types of employers their graduates work for.
  • Does the school offer continuing education classes that you may take after graduation? You may need access to these types of classes to learn about innovations in the field or keep an active professional certification or license in your state.

Useful Interior Design Sites

American Society of Interior Designers
www.asid.org
ASID is a community of people—designers, industry representatives, educators and students—committed to interior design. Through education, knowledge sharing, advocacy, community building and outreach, the Society strives to advance the interior design profession and, in the process, to demonstrate and celebrate the power of design to positively change people’s lives.

ASID: List of Registration Laws
Currently, 25 states and jurisdictions have licensing requirements for interior design practitioners. In many of these states, you cannot even call yourself an interior designer unless you meet or exceed a certain level of accredited education and in some cases pass the qualifying exam administered by the National Council for Interior Design Qualification. Regulation of interior design practice continues to become increasingly wide spread.

Careers in Interior Design
This website has been created by professional organizations as a service to individuals pursuing a career in Interior Design.

Council for Interior Design Accreditation
ww.accredit-id.org
The Council for Interior Design Accreditation is an independent, non-profit accrediting organization for interior design education programs at colleges and universities in the United States and Canada.

Interior Design Educators Council, Inc.
www.idec.org
The Interior Design Educators Council, Inc. (IDEC) was founded in 1963 and is dedicated to the advancement of education and research in interior design. IDEC fosters exchange of information, improvement of educational standards, and development of the body of knowledge relative to the quality of life and human performance in the interior environment.

The Interior Design Society
www.interiordesignsociety.org
The Interior Design Society (IDS) was founded in 1973, and is the largest design organization exclusively dedicated to serving the residential interior design industry.

International Interior Design Association
www.iida.org
The International Interior Design Association (IIDA) is a professional networking and educational association of more than 10,000 Members in 8 specialty Forums, 9 Regions, and more than 30 Chapters around the world committed to enhancing the quality of life through excellence in interior design and advancing interior design through knowledge.

The Library of Congress: Architecture and Interior Design
http://memory.loc.gov/ammem/collections/gottscho/
The Gottscho-Schleisner Collection is comprised of over 29,000 images primarily of architectural subjects, including interiors and exteriors of homes, stores, offices, factories, historic buildings, and other structures.

US Department of Labor: Bureau of Labor Statistics
ww.bls.gov/oco/ocos293.htm
Statistics and review of the Interior Design profession.

Slab verses crawl space

Some are built on a slab, and others have crawl spaces. Is one better than the other?

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Q. We are looking at new homes in South Carolina, and we noticed that some are built on a slab, and others have crawl spaces. Is one better than the other?

A. Traditionally, houses in South Carolina have been built on raised foundation walls to keep the structure away from the ground, but with the advent of newer technologies, more and more builders are choosing to build homes with concrete slab foundations. Briefly, a house with a crawl space has a wooden floor built on foundation walls and piers that can be anywhere from about two to six feet off the ground depending on the slope of the lot. In this type of house, the utilities such as plumbing, electrical and HVAC can be run under the floor, and are accessible for repair or renovation. The crawl space has fresh air ventilation, but is closed to insects and animals. This type of construction requires stairs for access. A slab-built house, or patio home, is built directly on a reinforced concrete slab foundation. This slab rests directly on the ground, and the utilities are run under the slab and brought up into the structure wherever needed. The heating and air ducts are routed through the attic in most cases. This type of construction requires no stairs for access. With a house built up off the ground, modest amounts of water entering the crawl space during rainstorms is not usually a problem, because it runs right through or evaporates through the fresh air vents. With a slab house, there is very little tolerance for water draining against the structure, because it will find its way into the house. If you are considering buying a patio home, pay careful attention to the lot drainage. The choice between the two types of construction is largely a matter of personal preference unless someone in your family has difficulty climbing stairs in which case, a slab-built home would be your best choice. Regardless of which type of house you choose to purchase, it would be wise to get a thorough home inspection from the most competent inspector in the area.

Preventive Maintenance Tips for your Home-Part 1

t's time to give your home a little TLC.

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Welcome to Rocky's Corner. It's time to give your home a little TLC. We all know how quickly time flies -weeks turn to months and months to years. Too often homeowners neglect to do periodic maintenance checks on building structures, roof systems, household fixtures and appliances. This neglect can lead to expensive repair costs that could have been avoidable.

You have joined me on the first of an 8-part series on Preventative Maintenance Tips for your Home. I hope that you will find this information to be both informative as well as useful in helping you to maintain your home.

PREVENTATIVE MAINTENANCE TIPS FOR YOUR HOME MONTHLY FIRE EXTINGISHER:
* Check that it is fully charged and recharge if necessary.

SMOKE DETECTORS AND CARBON MONOXIDE DETECTORS:
* Test all alarms to insure that they are working properly.

GARBAGE DISPOSAL:
* Always run cold water when grinding to harden fats and grease and to move waste down the drain lines.
* Disposers are generally self-cleaning- grinding citrus peels, eggshells, small bones, or a little ice will clean deposits and get rid of odors.
* Remember not to grind oyster or clam sheels, or highly fibrous materials or non-organic materials such as metal, glass or plastic.

DRAINS:
* Use a non-toxic biological drain cleaner regularly to keep drains clear. (Avoid using bleach or mouthwash down biologically treated drains because it kills the "friendly bacteria" working to keep your drains clear.

SINKS & TUBS:
* Check for moisture or small leaks under toilets, bathtubs and sinks.
* Keep strainers in your bathroom sinks to catch soap pieces and hair.
* Overflow holes on tubs should always be clear to prevent water damage to floors and ceilings.
* Flush with hot water and baking soda.

HEAT PUMP:
* Clean reusable filters or replace disposable.

FORCED WARM AIR HEATING SYSTEM:
* Clean reusable filters or replace disposable.

EVAPORATIVE AIR CONDITIONER:
* Clean reuseable filters or replace disposable.
* Clean evaporator or condenser coils.
* Clean condensate drain when in use
* Clear debris from around outside unit.

When performing your maintenance check if you should find that additional work is required consider hiring a professional. Proper care and maintenance to your home can saves hundreds of dollars in repair costs. I hope that you have found this article to be helpful and informative.

Please join me next time for Preventative Maintenance Tips for your Home part 2. Visit us at www.freminshomeimprovement.com

One roof or two?

My 1950’s home has recently developed ceiling cracks running lengthwise through all of the rooms.

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Q. My 1950’s home has recently developed ceiling cracks running lengthwise through all of the rooms. Recently, I had a new shingle roof put on, and the roofing contractor told me that I could save a little money by putting the new shingles on top of the old ones. I wonder if this could be contributing to the cracking of my plaster ceilings.

A. The new roof over the old is most likely the reason for the ceiling cracks. Some roofing contractors will put new shingles over old ones because it saves them time and money, but this is no benefit to the home owner. Your house was framed to handle the weight of one shingle roof, but not the weight of two. The extra load on the structure is placing stress on the rafters, braces and ceiling joists, and causing stress cracks in your plaster ceilings. At this point, your best option is to just live with the cracks, because if you patch them without relieving the extra load on the roof, the cracks will just come right back. Next time you are ready for a new roof, insist that the roofer remove all of the old shingles, felt, tar paper and any other materials right down to the plywood or boards and start from scratch. This will not only eliminate the extra weight problem, it will give you a better looking, tighter and longer lasting roof.

Homes fo the Future

Smart homes and integrate technology.

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What better way to open the new year with a look at the future. In particular the technology and innovation behind homes of the future. There is no doubt that as technology changes so many aspects of our lives it will soon also effect our personal sanctuary. Last year we looked at how computers were changing how we watched television. Other simple pastimes such as reading are also affected by computers and software notebooks that change our libraries. Music collections can now be slimmed down from plastic CD to bits of data on our computer. But what about the home structure itself? How will new technology effect how we use energy, water, communications and the natural environment surrounding the home? What might the homes of the future look like? Below we take a look at some of the more fast approaching changes to residential buildings that we might see take hold in the next few years.

Homes with a Brain - The new smart homes integrate new technology while keeping flexible for future innovations. A central command for everything from lights, security, and temperature control to entertainment features such as TVs, computers, and music are all connected to one central powerhouse that can be accessed from anywhere in the home. Programming options will allow you to set the home to various tasks based on the time of day. Imagine waking as the blinds open to the sun in your room, the kids are all woken for school by the house using lights and/or radio alarms, the coffee is already brewed and the security system turns off the evening protections so you don't set it off as you grab your morning paper. At the end of your day, the house checks that all the lights are off for you, all the doors and windows are locked, the security system is on, and maybe the refrigerator tallies its contents so it can remind you in the morning that you are running low on milk.

  1. Automated Climate Control - Homeowners with newer heating and cooling systems already know the benefit of automated temperature control. Currently the system can check the temperature and adjust to the ideal climate you preprogrammed. In the future, these systems will be even smarter. Look for future heating and cooling systems to respond to more than just temperature. They will also adjust according to sunlight and wind - perhaps your shades will automatically close against a setting sun. Climate control will also become easier by zone or area. You can control heating to the bedrooms at night in the winter while balancing the rest of the house so you are not paying to heat empty rooms.
  2. The Efficient "Big Brother" - Smart homes of the future will help us monitor how we use energy and resources. With a fully integrated home, families can examine how they are using and wasting energy, water, etc. They can then easily determine where they can make changes to make their homes more energy efficient and environmentally friendly.
  3. Smart Appliances - These futuristic appliances can tell when your dishes are clean and will stop washing automatically. Your laundry will also only run until the rinse water is clean which will moderate water use and shorten cleaning time. Or better yet, instead of running the whole timed 60 minutes, the dryer will stop as soon as your clothes are dry.

Solar Energy - Recent oil prices and environmental concerns have created a resurge in the use of solar power. The new solar panels are not the same ones from the 70s. Instead, new solar panels on the market collect more photovolatic energy and are easier to install. Many homes are already including a few solar panels on the roof to offset energy costs. Setting the panels at the right slop towards where the house receives the most sun exposure is key. Even in a sunny state like California, consumers should realistically expect only a 50-75% savings at this time. But this is still substantial! Just imagine, as technology improves, so will our ability to use the sun's energy.

Wind Energy - Harnessing wind energy for a single urban residence is in a much more experimental/infancy stage than solar energy. But in the future, wind energy may help offset your energy costs just as much. Traditionally, wind power has been on a large scale and usually used rurally because the size of the turbines. But there are innovative thinkers already creating compact wind turbines for the urban resident. A recent example is the Clarian Jellyfish that is no more obstructive than a TV antenna on the roof.

Wireless Energy - Various forms of wireless energy are still under experimentation. Some are already proven to work in models - such as the WiTricity created by MIT Professor Marin Soljacic. In the future, using electromagnetic induction, microwaves or even lasers, energy may be transferred without the use of wires. In cases such as electromagnetic induction, the transmitting energy is reportedly safe to humans as energy moves from the power source to the receiver at a resonant frequency that matches each other but not other items in the environment. At this point the idea is that homes will still be connected to the city power grid, but all the devices in the home would be powered without wires. Imagine never having to charge your cell phone again or hanging a television on the wall without any wires. To read a bit more, click here.

Phones - Will your home in the future have a standard phone line? Many customers have been dropping phone line use in favor of wireless options - in fact, last year it was estimated that one in every five homes only uses wireless phones.* In addition, homes are now using more Internet phone and communication options such as video conferencing. Homes in the future may not be built with a standard phone line as more users switch to an IP based or wireless phone plan. Already many businesses are cutting costs by either not upgrading or not installing these phone lines for reconstruction or new construction projects. Starting with the business sector first, it may only be a matter of time when the phone line becomes optional for new homes.

Security - Many of the gadgets from the movies are now a reality for the everyday consumer. It is becoming easier to set up cameras around your home that you can access from any computer on a secured site. Add to this new electronic locks that allow you to lock/unlock your home online - perhaps you forgot to lock the doors this morning but can now do so from work or you want to let your neighbor in to bring in the paper while you're on vacation. And yes, these new locks will let you track which doors are opened, when and, in the future, by whom. You can already get fingerprint readers that will limit access to computers and/or your home. Some of the new model homes also include iris scans that make keys almost unnecessary.

Space - In the cities our available living space can be limited and will be even more so in the future. For urban living, therefore, it makes sense that our living spaces take on multiple functions. Tucking away what is not in use and creating efficient use of space is a common element many urban homes are adopting. For example, compact, built-in furniture features can help turn a living room into a bedroom or dining room. Perhaps suburban and even some rural homes will adopt some of these innovations as they give evidence of their cost effectiveness. Homebuyers may use urban designs to lower energy bills and the cost of building or remodeling a home. However, large homes will not disappear overnight and design will not change in most of the country until these slim urban concept designs prove their efficiency without sacrificing comfort.

Plants - Plants can help make a room more appealing and complete. In the future, plants may also be used to facilitate cleaner air in the home or to help clean waste water. Plants already can act like a carbon filter and help in taking gases such as carbon monoxide and formaldehyde out of the air.* Maybe start this today and get a spider plant which is reported to work on both of these gasses. Currently plants may also be used around the home to help slow chemicals from storm runoff, safely adsorbing chemicals and creating clean waste. In the future, as more ways to treat water through phytoremediation are developed, this technology may become more accessible and plants may take a greater role in helping remove toxins from the water coming in and out of our homes.

Sprinklers - Okay, so not as impressive as say wireless energy, but the new sprinkler systems are still pretty neat - and cost effective. New systems allow for thinking sprinkler systems that will water the lawn only as needed. Set to read the amount of rain already received - you won't see automated sprinklers on during a rainstorm again!