Home Klosk Law Group, Inc is dedicated to assist the growing number of consumers suffering from unmanageable debt. Our organization specializes in the laws pertaining to unsecured debt, debt collection activity and credit reporting. Using proven techniques and accomplished negotiating skills, Klosk Law Group, implements effective strategies to help consumers resolve their debt challenges and begin the transition to financial independence. About Us Our Concept Klosk Law Negotiation process has been tested and developed over years of experience by our team of professionals in the field of finance and credit card debt. Our professionals are highly skilled in each of their fields of expertise. Through the established relationships that we have with the creditors and financial institutions, we are able to successfully negotiate the debts of our clients at a substantial discount. Creditors are willing to negotiate a debt with Klosk Law, on behalf of our clients, with the understanding that the settled amount will be paid in a timely manner. Furthermore, creditors are always looking to avoid the ineffective and costly efforts of an outside collection company. Klosk Law continues to develop our relationships with creditors throughout the country, and we always maintain a very professional and cooperative relationship with the creditors in order to reach the most favorable settlement offer for our clients. We work directly, and 100% for you. Debt settlement is a legitimate way of solving your problem without the need for bankruptcy. Our representatives work each case individually to determine your eligibility and then, if you qualify, they will establish a program that allows repayment of the debt through affordable monthly payments. For more information, complete the brief information form on the left side of this page. An Klosk Law representative will contact you to discuss how to get started today. There is no cost or obligation. Our Vision & Values To use our unrivalled experience and unique Debt Negotiation Process to get our Clients back on their financial feet as soon as possible To ensure that our Customer Service continues to be rated #1 in the industry To be the best Debt Relief and Debt Assistance organization in America To keep the character of our business intact - real people will always be available to speak with our clients about their issues To make the path to debt free living as stress free and comfortable as possible To provide the highest quality of service and support at all times Debt Options Debt settlement is the most cost-effective, easiest option to pay off your debts and relieve you of having to deal with creditors, collectors and attorneys. We understand the stress and struggle of living with an overwhelming amount of debt, and our goal is to reduce and consolidate your debt so that you can begin living the lifestyle you've been dreaming about…being debt free! If you're simply paying minimum monthly payments, then surely it feels like you are spinning your wheels, getting nowhere. Our program, through negotiation, will cut your debt down to about half of the total amount. So, you end up paying only a fraction of the debt! Our program is custom-built for each clients current personal and financial situation and level of debt in order to make the process as quick and affordable for you. Klosk Law negotiation process has been tested and developed over years of experience by our team of professionals in the field of finance and credit card debt. Our professionals are highly skilled in each of their fields of expertise. Through the established relationships that we have with the creditors and financial institutions, we are able to successfully negotiate the debts of our clients at a substantial discount. Creditors are willing to negotiate a debt with Klosk Law, on behalf of our clients, with the understanding that the settled amount will be paid in a timely manner. Furthermore, creditors are always looking to avoid the ineffective and costly efforts of an outside collection company. Klosk Law continues to develop our relationships with creditors throughout the country, and we always maintain a very professional and cooperative relationship with the creditors in order to reach the most favorable settlement offer for our clients. We work directly, and 100% for you. Debt settlement is a legitimate way of solving your problem without the need for bankruptcy. Our representatives work each case individually to determine your eligibility and then, if you qualify, they will establish a program that allows repayment of the debt through affordable monthly payments while ultimately saving your credit. This approach reduces your debt vs. consolidation options. Our approach assists you by reducing the time to repay the debt and by lowering the total amount you owe. For more information, complete our brief form for a free 10 minute evaluation. An Klosk Law representative will contact you to discuss how to get started today. There is no cost or obligation. The New Bankruptcy Law Under the old rules, people who filed under Chapter 13 had to devote all of their disposable income — what they had left after paying their actual living expenses — to their repayment plan. The new law adds a wrinkle to this equation: Although Chapter 13 filers still have to hand over all of their disposable income, they have to calculate their disposable income using allowed expense amounts dictated by the IRS — not their actual expenses — if their income is higher than the median in their state (see "Restricted Eligibility for Chapter 7," above). These expenses are often lower than actual costs. What's worse, these allowed expense amounts must be subtracted not from the filer's actual earnings each month, but from the filer's average income during the six months before filing. This means that debtors may be required to pay a much larger amount of "disposable income" into their plan than they actually have to spare every month — which, in turn, means that many more Chapter 13 plans will fail. Property Must Be Valued at Replacement Cost Under the old law, Chapter 7 filers could value their property at what they could sell it for in a "fire sale" or auction. This meant that used furniture, hobby items, cars, heirlooms, and other property a debtor might want to keep were typically assumed to have little value — and, therefore, that it often fell well within the "exempt property" categories offered by most states. (Exempt property is property that cannot be taken by creditors or the trustee — you are entitled to keep it.) Under the new law, you must value your property at what it would cost to replace it from a retail vendor, taking into account the property's age and condition. This requirement is sure to jack up the value of property, which means more debtors stand to have their property taken and sold by the trustee. Restricted Eligibility for Chapter 7 Under the old rules, most filers could choose the type of bankruptcy that seemed best for them — and most chose Chapter 7 over Chapter 13. The new law will prohibit some filers with higher incomes from using Chapter 7. How High is Your Income? Under the new rules, the first step in figuring out whether you can file for Chapter 7 is to measure your "current monthly income" against the median income for a family of your size in your state. Your "current monthly income" is not your income at the time you file, however: It is your average income over the last six months before you file. For many people, particularly those who are filing for bankruptcy because they recently lost a job, their "current monthly income" according to these rules will be much more than they take in each month by the time they file for bankruptcy. Once you've calculated your income, compare it to the median income for your state. (You can find median income tables, by state and family size, at the website of the United States Trustee, www.usdoj.gov/ust — Means Testing Information.) If your income is less than or equal to the median, you can file for Chapter 7. If it is more than the median, however, you must pass "the means test" — another requirement of the new law — in order to file for Chapter 7. The Means Test The purpose of the means test is to figure out whether you have enough disposable income, after subtracting certain allowed expenses and required debt payments, to make payments on a Chapter 13 plan. To find out whether you pass the means test, you start with your "current monthly income," calculated as described above. From that amount, you subtract both of the following: Certain allowed expenses, in amounts set by the IRS. Generally, you cannot subtract what you actually spend for things like transportation, food, clothing, and so on; instead, you have to use the limits the IRS imposes, which may be lower than the cost of living in your area. Monthly payments you will have to make on secured and priority debts. Secured debts are those for which the creditor is entitled to seize property if you don't pay (such as a mortgage or car loan); priority debts are obligations that the law deems to be so important that they are entitled to jump to the head of the repayment line. Typical priority debts include child support, alimony, tax debts, and wages owed to employees. If your total monthly disposable income after subtracting these amounts is less than $100, you pass the means test, and will be allowed to file for Chapter 7. If your total remaining monthly disposable income is more than $166.66, you have flunked the means test, and will be prohibited from using Chapter 7. So what about those in the middle? They have to do some more math. If your remaining monthly disposable income is between $100 and $166.66, you must figure out whether what you have left over is enough to pay more than 25% of your unsecured, nonpriority debts (such as credit card bills, student loans, medical bills, and so on) over a five-year period. If so, you flunk the means test, and Chapter 7 won't be available to you. If not, you pass the means test, and Chapter 7 remains an option. Requirements Eased for Hurricane Victims Following Hurricanes Katrina and Rita, the United States Trustee's office announced special enforcement guidelines for debtors affected by natural disasters. These guidelines are an effort to lessen the impact of the new law on filers who may be displaced from their homes and personal papers. Among other things, these guidelines make the following changes for victims of natural disasters who file for bankruptcy: Credit counseling will not be required. Debtors who cannot provide required documents due to a natural disaster will not face enforcement actions. Trustees are to consider the income loss, increased expenses, and other effects of a natural disaster as "special circumstances" that may allow a debtor who doesn't otherwise pass the means test to qualify for Chapter 7. Trustees will provide alternate means for debtors to attend creditors' meetings, if necessary. For more on these rules, go to the website of the United States Trustee, www.usdoj.gov/ust, and click "Enforcement Guidelines for Debtors Affected by Natural Disasters." Lawyers May Be Harder to Find — and More Expensive As you can see, the new law adds some complicated requirements to the field of bankruptcy. This is going to make it more expensive — and time-consuming — for lawyers to represent clients in bankruptcy cases, which means attorney fees are going to go up. The new law also imposes some additional requirements on lawyers, chief among them that the lawyer must personally vouch for the accuracy of all of the information their clients provide them. This means attorneys will have to spend even more time on bankruptcy cases, and charge their clients accordingly. Some experts predict that this combination of new requirements may drive some bankruptcy lawyers out of the field altogether. Some Chapter 13 Filers Will Have to Live on Less Under the old rules, people who filed under Chapter 13 had to devote all of their disposable income — what they had left after paying their actual living expenses — to their repayment plan. The new law adds a wrinkle to this equation: Although Chapter 13 filers still have to hand over all of their disposable income, they have to calculate their disposable income using allowed expense amounts dictated by the IRS — not their actual expenses — if their income is higher than the median in their state (see "Restricted Eligibility for Chapter 7," above). These expenses are often lower than actual costs. What's worse, these allowed expense amounts must be subtracted not from the filer's actual earnings each month, but from the filer's average income during the six months before filing. This means that debtors may be required to pay a much larger amount of "disposable income" into their plan than they actually have to spare every month — which, in turn, means that many more Chapter 13 plans will fail. Property Must Be Valued at Replacement Cost Under the old law, Chapter 7 filers could value their property at what they could sell it for in a "fire sale" or auction. This meant that used furniture, hobby items, cars, heirlooms, and other property a debtor might want to keep were typically assumed to have little value — and, therefore, that it often fell well within the "exempt property" categories offered by most states. (Exempt property is property that cannot be taken by creditors or the trustee — you are entitled to keep it.) Under the new law, you must value your property at what it would cost to replace it from a retail vendor, taking into account the property's age and condition. This requirement is sure to jack up the value of property, which means more debtors stand to have their property taken and sold by the trustee. State Exemptions Aren't Available to Recent State Residents Under the old bankruptcy law, the personal property debtors were allowed to keep in Chapter 7 bankruptcy was determined by the laws of the state where they lived (as long as they lived there for at least three months). Under the new law, you must live in a state for at least two years prior to filing in order to use that state's exemption laws. Otherwise, you must use the exemptions available in the state where you used to live. Similar rules apply to homestead exemptions, which determine how much equity in a home you can keep when filing for Chapter 7 bankruptcy. However, to use your new state's homestead exemption, you must live there for at least 40 months. Because exemption amounts vary widely from state to state, these new residency requirements could make a big difference in the amount of property you get to hold on to. For example, if you recently moved from California to Nevada and you have a fairly valuable car, you might want to wait to file for Chapter 7: Once you've been in Nevada for two years, you can claim its $15,000 exemption for motor vehicles. If you have to use California's exemptions, you can keep only $2,300 worth of equity. Do Nothing About Your Debt When you are in a struggle to make minimum payments on your unsecured debt, you must look at all your options to determine which option is going to free up your cash flow problem. Pay Back Debt Amount (Including Principle & Interest) How Long Will It Take $10,000 $26,276.59 42 yrs 9 mos $15,000 $55,370.41 48 yrs 11 mos $20,000 $74,464.22 53 yrs 3 mos $25,000 $93,557.98 56 yrs 7 mos $30,000 $112,651.77 59 yrs 4 mos $35,000 $131,745.58 61 yrs 8 mos $40,000 $150,839.39 63 yrs 9 mos $45,000 $169,933.22 65 yrs 6 mos $50,000 $189,027.02 67 yrs 1 mos $60,000 $227,214.61 69 yrs 10 mos $70,000 $265,402.22 72 yrs 2 mos $80,000 $303,589.81 74 yrs 2 mos $90,000 $341,777.43 76 yrs $100,000 $379,965.06 77 yrs 7 mos $110,000 $418,152.62 79 yrs $120,000 $456,340.27 80 yrs 4 mos $130,000 $494,527.82 81 yrs 6 mos $140,000 $532,712.48 82 yrs 8 mos $150,000 $570,903.04 83 yrs 8 mos Number of years to pay off a credit card balance based on 19% interest and a minimum monthly of 2.1% of the outstanding balance. Most cards require a minimum monthly payment between 2.0% and 2.4% of the outstanding balance. Source: CNN Money Credit Counseling What is Credit Counseling? Many universities, military bases, credit unions and housing authorities operate nonprofit financial counseling programs. Some charge a fee for their services. Creditors may be willing to accept reduced payments if you are working with a reputable program to create a debt repayment plan. However, credit counseling organizations have faced scrutiny because of their misuse as a "nonprofit" organization. Because an organization says it is a "non profit," there is no guarantee that the services provided are free, affordable, or even legitimate. In fact, some credit counseling organizations charge high hidden fees, or even urge consumers to make voluntary contributions that can cause more debt. Most credit counselors offer services through local offices, the Internet, or on the telephone. If possible, find an organization that offers in-person counseling. Your financial institution, local consumer protection agency, and friends and family also may be good sources of information and referrals. Be wary of credit counseling organizations that: Charge high up-front or monthly fees for enrolling in their program. Pressure you to make "voluntary contributions," which is another name for fees. Refuse to send you free information about the services they provide without requiring you to provide personal financial information, such as credit card account numbers, and balances. Try to enroll you in a debt management plan (DMP) without spending time reviewing your financial situation. Offer to enroll you in a DMP without teaching you budgeting and money management skills. Demand that you make payments into a DMP before your creditors have accepted you into the program Resource Center Our Program Client Links Contact Us Get Started Admin