9/27/08

How To Get A ClickBank Refund

There’s a lot of crap for sale on ClickBank. There are also some good things available. Personally, as a software/ebook seller I like to use ClickBank because they handle all the tax collection issues (this is going to become a big issue for people selling things directly via PayPal in the next few years, trust me) and they pay regularly and consistently.

But I also like to use ClickBank as an individual buyer because they make it easy to get a refund. So if something I buy isn’t up to snuff for whatever reason (see my recent Google Nemesis review) I can get a full refund within 8 weeks of the purchase, no questions asked.

There are two ways to get a refund. The simplest is to simply take the electronic receipt ClickBank mailed you after the purchase and forward it to refunds@clickbank.com along with a brief message asking for a refund and why you want the refund.

The second way is to go to the ClickBank purchase questions page and select the “I would like to request a refund” subject. You’ll have to fill in the purchase details (obtained from the aforementioned receipt) and give an explanation. (Since you need the receipt to do this, it’s just simpler to mail a copy off IMHO…)

In either case, you’ll get a refund within two or three business days. It’s really that simple.

BTW, refund requests shouldn’t be knee-jerk reactions. If you’re having a problem with the product, contact the vendor first and see if they can fix it. Refunds should be a last resort. Sellers get notified when refunds occur and can see the reason why a refund was requested… there’s nothing worse than getting a “the product never worked” reason when you could have fixed it easily enough if the buyer had contacted you first.

Out of all the ClickBank products I’ve purchased, I think I’ve only asked for refunds on two of them.

9/23/08

New Bankruptcy Rules

Bankruptcy laws have been set in place to help individuals or businesses get a fresh start when living under overwhelming debt. The new bankruptcy rules are not eliminating the process, but are making it more difficult for some people to declare bankruptcy. Whether a person or corporation has had some kind of catastrophic event that has caused a financial crisis, or they have gotten in debt through inattention to their financial dealings, they have a way to start anew through filing for debt protection. Once the debtor has declared bankruptcy and asked the court's help to get out of his predicament, his creditors cannot harass him for the money they are owed.

The new bankruptcy rules governing who can file for bankruptcy are given under certain "Chapters." Personal bankruptcy is filed under either Chapter 7 or Chapter 13. In Chapter 7, the Trustee will liquidate all of the debtor's non-exempt property and then distribute the money to creditors. Exempt property includes a person's home, automobile, household furnishings, and any tools or equipment necessary to his livelihood (for example, a carpenter could keep his tools). The rules of exemption vary from state to state, so a debtor will have to check with local attorneys to learn about local practices. Bankruptcy laws state that once all those creditors have been paid something, the debts are discharged, and the debtor starts over with a clean slate. To start the procedure, the debtor files a petition with the court with a list of unsecured creditors and the amounts due them. Forms are available to handle the case personally, but it's usually wise to have an attorney handle the filing. The filer will be assessed fees for the petition with the court, plus attorney fees. The Trustee also receives a fee, but that comes out of the monies in the estate and not from the debtor directly. A Chapter 7 is usually discharged within six months.

Filing under Chapter 13 results in a reorganization, where the debtor presents to the court a plan for paying down his debts by making regular payments to the court over a three-to-five-year period. At the end of that time, all unsecured debt is discharged. This type is usually more satisfactory to creditors because they will receive a greater percentage of their bill. This won't change under the new bankruptcy laws. Both types result in freeing the debtor of unsecured debts, stopping foreclosures and repossessions and utility shut-offs. For their part, creditors must stop writing or calling the debtor about what is owed.

Current laws do not discriminate between people who earn a lot and those who earn a little. The new bankruptcy rules will change that provision. The court will require new guidelines to see if the debtor qualifies for bankruptcy. Under the new bankruptcy laws, anyone with income exceeding the cost of living index in their area will be required to pay monthly payments to creditors for up to five years to repay the debt. Bankruptcy will be more difficult to file, and because of the extra work involved, attorneys will charge more. The rules will hurt those who have a good income but have high payments on homes, rent, or car payments. Those existing payments will not be taken into consideration by the court when determining the amounts that must be paid to creditors each month. The court will apply the "means test." The end result may be that some debtors will sell their homes and/or cars and move to a less expensive area in order to afford the payments under the new bankruptcy rules.

Undoubtedly, more people will take advantage of Debt Settlement Programs to reduce debt for those who have good incomes but have trouble making monthly payments on credit cards, personal loans, medical bills, and other types of unsecured debt. Although the settlements on unsecured debts vary, a savings of 60 percent is common. Clients make payments to their own bank account while the debts are being negotiated. The fees for the program are taken out of the account each month until paid, but the funds to pay the creditors remains in the account until settlements have been negotiated. The new bankruptcy rules may have a hidden benefit. More people will opt for debt consolidation, home equity loans, and best of all, will learn how to be good stewards of their assets. Being a good steward of God's gifts is commanded in 1 Peter 4:10, "As every man hath received the gift, even so minister the same one to another, as good stewards of the manifold grace of God." As we follow God's command, we will learn to live abundantly without incurring lots of debt. This will make us a better witness to those around us and will give us financial freedom.

Life After Bankruptcy

Life after bankruptcy is like a road with a fork in it--one can choose to take the path that leads to better financial decisions and a more prosperous future, or take the path of repetition and be no better off than before. The point is, for most people who have filed for help under Chapter 7 or 13, it will be necessary to handle finances differently than in their pre-bankruptcy days, according to those who give financial advice after bankruptcy. When debts piled up out of "wants" instead of "needs" a change in attitude is absolutely necessary. However, when the process has resulted from personal tragedy, i.e., job loss, illness, or accident that has drained a person's financial reserves, the situation is quite different.

Financial advice after bankruptcy is available from more than one source. The attorney who helped to file the case in the first place would be the logical first choice for guidance. Where an individual filed on his own (not usually the best way, but for some it can be done), then finding an attorney who handles these cases would be a good beginning. In addition, there are a number of consulting companies who will help a person with financial problems without charge. Conservatism in financial matters is the logical first approach to regaining financial stability in life after bankruptcy. Separating what is needed from the wants in one's life can put things in perspective. Simplifying life helps not only on the financial level, but on the spiritual as well by relieving the stresses that come with money problems. Jesus helped his disciples not to rely on money for their security: "And commanded them that they should take nothing for their journey, save a staff only; no scrip, no bread, no money in their purse;" (Mark 6:8)

One unalterable fact that results from bankruptcy is that the proceeding stays on the debtor's credit report for ten years. Anyone the debtor approaches for credit will see that when they do a credit check, and many times it is enough to result in a turn down. There are ways to overcome that handicap. One thing that can be done is to get a prepaid credit card from the bank. Put in a given amount of money into a special account, have the bank issue a credit card up to that limit, and use it for purchases. This will help to re-establish a good credit record. Life after bankruptcy might also include getting a mortgage loan for extra cash for purchases. As long as the borrower is gainfully employed, this could give a person the "leg up" needed to begin the climb back to credibility where money is concerned.

Life after bankruptcy isn't altogether bleak. There are lenders that will look further than the legal proceeding to make their decisions on lending to someone who has taken that route. Car dealers especially, are often willing to work with post-bankruptcy customers because transportation is necessary for them to work. The drawback is, the interest will likely be a little higher than for the person who has a better credit record. Also, for things like clothing there are second-hand shops that carry some quality clothing for a fraction of what would be paid in the retail stores. Financial advice after bankruptcy will largely be a matter of taking a different view of the world. The kind of car one has been used to, and the clothes a person wears may have to be adjusted. Eating out may become a rarity, along with other sorts of entertainment.

If a person filed for relief because of job loss, financial advice after bankruptcy may come in the form of suggestions for classes that will prepare a person for a different line of work. These can be arranged without cost to the student under certain government and private organizations that work with various campuses, or student loans may be obtained that won't have to be paid back until the student is gainfully employed at whatever he has prepared himself for. Also included in advice after bankruptcy may be greater cooperation in the family. Where children are old enough to hold down part-time jobs, they can bring in needed cash. If a spouse has not been working, perhaps that will have to change. All of this will be temporary until the breadwinner is once again gainfully employed. Life after bankruptcy sometimes means difficult choices.

Americans have become so accustomed to living above their means through the use of credit that it's easy to understand how people wind up having to seek help through the court system. When debt reaches the level where no matter how hard the debtor works he cannot keep up with the burden, there is little alternative. Financial advice after bankruptcy can be an enlightened time if the debtor is successful in changing his attitude toward spending and saves more. This change in attitude, along with learning how to budget what is coming in constitutes the most important points stressed when someone offers advice. Finding a source for this kind of advice is not complicated. Attorneys are listed in most phone books, and of course there is the Internet search that is available to those having computers. No one has to face post-bankruptcy problems alone.

Personal Bankruptcy Laws

Personal bankruptcy laws were created to protect the consumer and creditors. It provides a way for individuals suffering from extreme financial debt to reconcile personal debts and start again. The laws also exist to return at least some money owed to creditors, who often take a total loss when debtors default. These laws fall under Title 11 of the United States Code and are handled through federal district courts. Individuals can file under Chapter 7, choosing to sell assets in order to pay what is owed, settling the debt in four months or under Chapter 13 where they propose a three to five year repayment plan, usually covering only a portion of the debt. Debtors can choose to declare some or all current debts. After either process is complete, the declared debts are wiped clean.

The history of personal bankruptcy laws dates back to biblical times, when Moses declared the "year of jubilee." Every seventh year, the Israelites were to give their land and animals a year of rest or a "sabbath." After seven sabbath years, or 49 years, the whole nation enjoyed a year of freedom from all debt: loans, borrowed possessions, and slavery. "And ye shall hallow the fiftieth year, and proclaim liberty throughout all the land unto all the inhabitants thereof: it shall be a jubile unto you; and ye shall return every man unto his possession, and ye shall return every man unto his family... And if thy brother be waxen poor, and fallen in decay with thee; then thou shalt relieve him: yea, though he be a stranger, or a sojourner; that he may live with thee." (Leviticus 25:10, 35) It was a year of redemption, a year of starting over.

Laws have changed quite a bit since then. Individuals can file under Chapter 7 again after six years and under Chapter 13 any time. Many critics of personal bankruptcy laws in the United States claim that filing bankruptcy has been too easy on debtors. Bankruptcy filings in the 1980s and 1990s increased 300%. By the year 2000, millions of dollars each year were being lost in bankruptcy proceedings. Many Americans file after a personal crisis - a medical problem, divorce, or natural disaster. But thousands fine themselves in financial despair simply by overspending. This has caused concerned for many lawmakers, who tried for years to amend bankruptcy law to protect it from abuse.

On October 17, 2005, these lawmakers found victory in the Bankruptcy Abuse Prevention and Consumer Protection Act. This amendment to personal bankruptcy laws makes it more difficult for individuals to file under Chapter 7. Unlike past years, where a judge was the sole determinant of whether someone could file, debtors now have to pass a two-part test to qualify for Chapter 7. Salary is compared to a state median income as determined by the Internal Revenue Service (IRS). If a person falls below that median, he or she may qualify. A debtor's income also must leave less than 25% available to pay for non-secured outstanding debt. The formula allows for exemptions for needed expenses such as housing and food. But the intent of the additions to personal bankruptcy laws is to only make Chapter 7 filings available to those who really need it and forces everyone else to file under Chapter 13 thereby keeping them responsible to repay at least a portion of personal debt. Natural disasters and some other personal hardships can be taken into consideration.

The new act also incorporates other steps to help prevent further financial problems. Within six months before filing, individuals must meet with a credit counselor for a 90-minute session in the district where the bankruptcy will be filed. Before the debt is discharged further counseling sessions or money management classes are required. All expenses must be paid by the debtor. Some argue that most people filing for bankruptcy can't afford such classes and that they create a further hardship. Fees for filing under personal bankruptcy laws (around $200 to $300) can be made in payments to help alleviate some of the financial pressure, but installments are limited and must be paid within 180 after filing. Fees may be waived if the debtor's income is less than 150% of the poverty line. However, attorney fees must be paid and since the induction of the law, rates have increased 75% to 100%.

The new personal bankruptcy laws also put greater restrictions on homestead exemptions. Most states allowed individuals to protect home equity from creditors. Now, the law gives freedom for the states to impose individual restrictions. In some states, the debtor has the option to choose a state exemption over a federal exemption or vice versa. However, a filer must have lived in that state for a minimum of two years for state exemptions to apply. Individuals who file under Chapter 7 still risk losing their homes in the liquidation. Filers under Chapter 13 can usually retain them as long as they continue to make mortgage payments on time during the length of proceedings as well as other debt obligations under the written agreement.

Individuals who file under Chapter 7 or Chapter 13 of the personal bankruptcy laws work with a court-appointed trustee who manages the financial transactions with creditors. This impartial trustee meets with creditors, asks questions of both parties to reach a mutual plan of action, and makes sure that each party holds up the contract. When the terms of the plan have been fulfilled, the debtor is released from all remaining obligation to the creditor and then has the opportunity to start again.

Chapter 13 Bankruptcy Attorney

The primary role of a Chapter 13 bankruptcy attorney is to represent debtors who have regular incomes from which to pay creditors in compliance with a court-ordered repayment plan. Also known as wage earners, these debtors choose to file Chapter 13 petitions, rather than liquidate assets through Chapter 7. Unlike a Chapter 7 petition in which a U.S. Trustee is appointed to collect, liquidate and distribute debtor assets to satisfy creditors; Chapter 13 allows individuals to develop a repayment plan which gradually relieves them of outstanding debts over a maximum 5-year period. Chapter 13 bankruptcy attorneys consult with wage earners to help them accurately identify and retain exempt assets, which should not be liquidated. In addition to easing the process of filing, attorneys stop garnishments, repossessions, and foreclosures and help wage earners keep personal property such as real estate holdings, automobiles, and employee paychecks. However, wage earners who owe federal, state, and local taxes; alimony; child support; and student loans are still liable for these debts, which cannot be discharged. Without the knowledge of proceedings, schedules and laws, debtors may run the risk of losing valuable assets to creditors. The debtor's attorney will thoroughly review the petition to ensure that non-exempt and exempt assets are handled properly. During the course of proceedings, the Chapter 13 bankruptcy attorney will become the wage earner's most valuable aide in resolving personal indebtedness, while satisfying federal requirements.

Personal bankruptcy lawyers provide expert legal counsel from the moment a consumer walks into the office for an initial consultation to the time that the case is discharged. A good lawyer will spend a considerable amount of time ensuring that the debtor's case is well prepared and well represented. Most individuals are at a complete loss when filing for consumer debt protection; but a competent, experienced attorney knows the ropes and can suggest legal ways to help debtors successfully file without breaking or compromising the law. Initially, personal bankruptcy lawyers will help debtors decide which chapter of the federal code best suits their situation. With slight variations, procedures for filing Chapter 7, 11, and 13 petitions are very similar. Personal bankruptcy lawyers assist debtors in filing official notices of bankruptcy to the court and creditors, represent debtors at creditor and confirmation hearings, and correspond with creditors regarding secured and unsecured claims. While consumers are not prohibited from preparing and filing petitions on their own, a qualified attorney can accurately interpret the law to the client and prevent debtors from making poor judgments and filing inaccurate reports, which may cost them dearly down the road.

Just having expert legal counsel serves to diffuse the pressure and emotional stress of filing. Once the debtor's lawyer serves notice to creditors, all debt collection tactics must cease by law. Creditors are prohibited from writing, calling, text-messaging, emailing, or contacting debtors in any way. From the moment creditors receive notice, all communication between the debtor and creditor must cease. The Chapter 13 bankruptcy attorney communicates directly with the creditor, or a legal representative, and can enforce cessation of collection efforts through the courts. The wage earner is then free to concentrate on working to pay off creditors.

Bankruptcy can be intimidating; and a debtor needs all the legal muscle possible to prepare and defend the legal right to consumer debt protection. Testifying in front of a room full of angry creditors is like going into a den of hungry lions with the debtor as the main course! Personal bankruptcy lawyers can skillfully shut the mouths of the "lions" and hopefully, walk away with a judgment in favor of the client. A qualified lawyer is a debtor's advocate in the courtroom, negotiating with creditors and legal representatives and pleading the debtor's case before the judge. While an attorney is an invaluable asset, the Bible speaks about an advocate far more invaluable than any earthly lawyer: "My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous:" (I John 2:1). Whenever we fall short of God's expectations and sin, Jesus Christ pleads our case and reconciles us back to a right standing with God.

As a wage earner's advocate, the ultimate goal of a Chapter 13 bankruptcy attorney is to protect debtor assets, help devise an acceptable repayment plan, and eventually help reconcile the debtor to financial soundness. But remember: the Chapter 13 bankruptcy attorney is not working for free. The more time the lawyer takes with a debtor, the more it is going to cost. However, most attorneys charge a flat rate legal fee for consumer debt protection cases, which can usually be paid in installments. A familiar proverb says, "You can give a man a fish and he'll eat today, or teach a man to fish and he'll eat for a lifetime." Lawyers are there to guide and counsel debtors on supplying the courts accurate, timely and complete information; but they cannot be expected to hold debtors by the hand 24/7, unless they are willing to pay. In addition, new reforms hold lawyers accountable for inaccuracies and false information on debtor petitions. Reforms also sanction attorneys if Chapter 13 filers default on repayment plans, after assuring the court of an ability to pay. In order for cases to become satisfactorily discharged, debtors and personal bankruptcy lawyers must build a relationship of mutual trust, cooperation and honesty. Debtors must also comply with federal mandates to enroll in approved financial management courses before cases can be officially discharged. Chapter 13 bankruptcy attorneys and clients play important roles in submitting accurate, timely and truthful petitions which comply with U.S. bankruptcy code, satisfy creditors and ultimately, provide debt relief.

Personal Bankruptcy Lawyers

The primary role of personal bankruptcy lawyers is to advise and represent debtors who decide to file petitions for insolvency. While some claim that debtors can handle filing detailed financial data themselves, lawyers are hired to ensure that petitions are not only filed correctly, but also that petitioners are afforded every right available under U.S. Bankruptcy Court law. Most consumers are unfamiliar with legal proceedings and court-ordered judgments; and many would be at a loss in the courtroom. Whether petitioners choose to file Chapter 7 liquidation cases, Chapter 11 business restructuring plans, or Chapter 13 petitions to repay creditors from wages earned, they must meet certain criteria. Without an understanding of legal proceedings and applications, debtors could easily wind up losing valuable assets, such as cars, residences, and business and personal property to creditors. While the law does not prohibit debtors from filing consumer debt protection on their own, personal bankruptcy lawyers are adept at interpreting the law to clients and can help prevent debtors from making poor judgments and filing inaccurate reports, which may work against them in a courtroom full of creditors.

Filing bankruptcy is not a do-it-yourself project. Just compiling listings of assets and liabilities can be a daunting task for the average consumer. Personal bankruptcy lawyers can provide expert legal counsel to determine whether a debtor should consider filing for consumer debt protection or not. Sometimes cash-strapped consumers see no way to circumvent repossessions and harassment from bill collectors without taking their case to court. But a reputable attorney should give debtors some viable options and advise for or against taking the desperate measures preparing and filing petitions entails. The attorney works for a fee, but he or she will also work on behalf of the client, poring over financial information and assessing whether the client has strong supportive evidence to pass the muster of the court. While personal bankruptcy lawyers are debtors' advocates, God has provided an Advocate far more powerful than any earthly lawyer in the person of His Son, Jesus Christ. "My little children, these things write I unto you, that ye sin not. And if any man sin, we have an advocate with the Father, Jesus Christ the righteous. And He is the propitiation of our sins: and not for ours only, but also for the sins of the whole world" (1 John 2:1-2).

Astute personal bankruptcy lawyers' first consideration will be to discuss which type of filing best suits client needs. Chapter 7 liquidation petitions require a court-ordered sale of assets to amass sufficient monies to pay off creditors. Consumers who own real property, stocks and bonds, securities, vehicles, or equipment which can be converted into cash to repay delinquent accounts are most likely to choose Chapter 7. A U.S. Bankruptcy Trustee is appointed to collect, liquidate, and dispense debtor assets to satisfy secured and unsecured creditor claims. For debtors who don't have many assets, but work a 9-to-5 job, personal bankruptcy lawyers will usually advise filing Chapter 13, or a wage earner petition. Chapter 13 wage earners have a regular income from which to pay creditors in compliance with a court-ordered repayment plan. Legal counselors will advise clients about formulating a plan which demonstrates to the court a commitment to restructure outstanding debt over a three to five year term. Once the court and creditors accept a wage earner's plan, debtors filing Chapter 13 petitions are subject to court-ordered payments dispensed by U.S. trustees or administrators. For up to five years after filing, debtors should refrain from incurring more liability. Trustees are there to help monitor the debtor's finances and ensure that the court's decisions are upheld.

Meanwhile, personal bankruptcy lawyers are there to help protect the interests of the debtor and to ensure that the court does not infringe on the debtor's legal rights, such as issuing orders that monies used for the client's subsistence become part of disposable income. In addition to helping debtors determine the most appropriate petition to file, attorneys also assist debtors with filing public notices of bankruptcy; provide expert legal representation at creditor and confirmation hearings; communicate and correspond with creditors regarding secured and unsecured claims, and resolve discrepancies between debtors, creditors and the court, which can arise any time personal finance is an issue. Attorneys can also stop garnishments, repossessions, and foreclosures and help petitioners keep exempt property, such as real estate holdings used as personal residences, automobiles used for work, and spousal property. Once lawyers file and serve a notice of bankruptcy to the debtor's creditors, all collection tactics and harassment must cease.

Having personal bankruptcy lawyers relieves debtors of the stress and anxiety associated with filing. Petitioning for consumer debt protection can be exhausting and intimidating; and a debtor needs a powerful ally to battle hostile creditors and defend a legal right to debt protection. But simply having professional legal representation enables debtors to breathe a little easier, in spite of an overwhelming money woes. The case is presented before the court with precision and with an anticipation that the court system will render fair and equitable judgment on behalf of both the petitioner and the creditors. Attorneys have the client's best interests at heart and are ever present to assure that assets are protected and that creditors and debtors are both treated fairly. An intimidating process like filing for insolvency requires experience, knowledge, wisdom and an astute application of jurisprudence. Debtors who can afford to hire competent legal assistance to present consumer debt protection cases to the U.S. Bankruptcy Court should be appreciative and thankful for a system which protects and defends the legal rights of its citizenry, in spite of an inability to maintain financial solvency.