Find Out How Federal Bankruptcy Law Can Help You Out

November 23rd, 2020 by admin No comments »

Bankruptcies are a legal systems of shielding electorate from dire finance circumstances. Present federal bankruptcy law helps ensure that voters of the country can employ a legal plan to beat their money issues and do something to handle non-payable liabilities whenever their situation gets beyond control. However, it pays to understand that regardless of the existing federal bankruptcy laws that bankruptcy isn’t an answer to each financial problem and it’s also not a simple means to recover money stability.

Stricter Laws

What’s more, ever since the year 2005, the laws became tougher and so, today an individual that plans on using the federal bankruptcy law to file for bankruptcy will face much more issues than people did when filing for bankruptcy before 2005. In case you are certain that you want to take seek shelter underneath existing federal bankruptcy laws then you need to file for bankruptcy in a bankruptcy court.

Remember, that present laws also require that you file in a bankruptcy court and not in the state court. What’s more, there are loads more than 90 different districts which are ruled by federal bankruptcy laws and each of these districts has their own bankruptcy courts.

If you are not aware of existing federal bankruptcy laws then you need to find out more and for this you need to check the Bankruptcy Code. In addition, you want to also discern which particular kind of bankruptcy to file for and each type is specified as a Chapter and there some very well known Chapters including Chapter 7 and Chapters eleven and thirteen.

There are separate bankruptcy laws per people and firms. The federal bankruptcy laws take under consideration the applicant’s non-public standing and as long as the applicant guarantees doing the bureaucracy properly there’s good reason to assume the laws will protect them and supply them with relief.

The existing federal bankruptcy laws allow for the debts to be wiped out completely or the applicant can pay back the debts through process of liquidation or even according to a court settled payment plan.

As there are separate chapters that deal with business bankruptcies and individual bankruptcies it pays to find out more about business bankruptcy laws if you are a small business that is planning to file for bankruptcy. Typically, this means that you should understand Chapter 11 bankruptcy that deals with businesses that want protection from financial woes.

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Recent Changes to Bankruptcy Laws

November 5th, 2020 by admin No comments »

Bankruptcy laws continue to change and adapt to the times. As more and more people look to bankruptcy for help with their debt issues, they realize that the laws have changed.

It can be difficult to keep track of bankruptcy laws. We aim to help those who need to file for bankruptcy to complete the proposal that they need to get a successful settlement.

If you are someone who is thinking about Georgia bankruptcy, you need to understand as much as you can about the entire process. The more you know about bankruptcy in general, and how the laws have changed, the better off you will be.

How Bankruptcy Works

Bankruptcy requires you to file a large amount of paperwork, and submit a large amount of information. This highlights the importance of hiring a professional to help you with your bankruptcy filing process. With the process becoming more complicated than ever, you need a professional to help guide you through the process.

Things that have Changed

There have been sweeping changes to Georgia bankruptcy laws over the last 10 years. The newest bankruptcy laws went into effect in 2005. One of the biggest changes in the laws has begun to require more information than before. For example, filers must now show 4 years of tax returns, as to the original numbers of 2-3 years of tax returns.

The new laws have also made it more difficult for people to file for Chapter 7 bankruptcy. This is the bankruptcy that liquidates debt. These laws passed as a way to help stop bankruptcy fraud, keeping people accountable for the debts that they have accumulated.

Most of the changes that have been made to the bankruptcy laws are only seen in the behind the scenes work done by the lawyers that write up proposals. The new laws cover everything from the information required to the way that your property will be valued.

What you have to Gain

It is true that recent changes to Georgia bankruptcy laws have made it more difficult for many to file for bankruptcy. While it may cost a little more to hire a lawyer to take care of your proposal, it may be your only chance at success. Lawyers know exactly how to create the proposal that you need to get back on your feet, and can help you to navigate all of these new laws.

As bankruptcy laws change, more and more people lose out on the benefits they may receive from filing for bankruptcy. Some stay away from the process because of pride, while other stay away because they simply fail to understand what they have to gain, thinking it’s somehow not for them. If you are considering bankruptcy, take the time to speak to a professional. We aim to make the entire process as pain free as possible. We want to make it simple and easy for you to get the bankruptcy settlement that you need to get back on your feet and get your life in order once again.

Understanding Bankruptcy Laws In Ohio

October 21st, 2020 by admin No comments »

The purpose of bankruptcy laws in Ohio is to give people in financial crisis a chance for a new financial beginning. Each state has its own laws that govern bankruptcy that apply to their respective residents, even though Federal Courts handle Bankruptcy. These laws are based on the federal statutory law as contained in Title 11 of the United States Code. However, Ohio bankruptcy cases follow the bankruptcy laws of that state and not the federal bankruptcy laws.

Two federal bankruptcy courts in Ohio determine cases on bankruptcy following the Ohio state bankruptcy laws. The two courts are the Ohio Southern Bankruptcy Court and the Ohio Northern Bankruptcy Court. The person filing for bankruptcy can download the relevant forms from the internet or get them directly from a provider of such forms. Personal bankruptcy can be filed as either a Chapter 7 or Chapter 13 bankruptcy.

Under the current bankruptcy laws in Ohio, there are some properties that are exempted from creditors. You should actually check with an attorney to find out the actual current exemptions and how they will apply to you. These vary based on which chapter you file, your current income, assets and other considerations.

The creditors are also restrained from accessing wild card and personal properties of $400 in value together with all education and pension plans. Health aid, money paid for alimony and child support, property of a partnership business, retirement benefits, ERISA-qualified benefits, death benefits for police and firefighters, benefits from group life insurance, seal and office registers are also protected from creditors. As you can see, this can get confusing.

According to the bankruptcy laws in Ohio that came into effect April 20, 2005 the value of the home that is exempted reduces by the disposition of any non-exempt property during the ten year period prior to the application of the bankruptcy. Other exemptions recognized in the federal laws can be used alongside the Ohio state bankruptcy laws.

Where a person is not a permanent resident in Ohio or such a person has lived in many states in the last five years, the law of state in which such a person lived the longest will become applicable. Bankruptcy laws are not easy to be understood by those who are not trained as lawyers. Therefore hiring a lawyer may be good to help you understand the laws properly.

When making claims on property held jointly, bankruptcy laws in Ohio will allow the spouse to make equal claims on the property jointly held reducing the amount the creditors are likely to liquidate. Even though you owe other people money, the laws do not allow them to take away and liquidate the assets that support your livelihood. Many people fail to apply for bankruptcy because they do not know how well the law protects them.

Filing for bankruptcy is not intended to drive people into more debt. It is intended to give them a chance to redeem themselves financially. It best advised to get a lawyer who is experienced in Ohio bankruptcy laws, or at least get a consolation with one to review your situation, to guide you in this sensitive matter. When done properly, bankruptcy can allow you a fresh start by removing the overwhelming burden of debts and the freedom to start over and move ahead.

Ohio Bankruptcy Laws

October 13th, 2020 by admin No comments »

Bankruptcy laws are designed to give debtors a fresh financial start. Ohio, like most other states, has its own bankruptcy laws. Ohio bankruptcy laws are specifically designed for Ohio citizens. The law primarily includes the federal statutory law contained in Title 11 of the United States Code. However, bankruptcy cases in Ohio follow the state’s bankruptcy laws, not federal bankruptcy laws.

The two courts in Ohio engaged in bankruptcy cases are federal bankruptcy courts that follow Ohio law. They are Ohio Northern Bankruptcy Court and Ohio Southern Bankruptcy Court. Ohio bankruptcy law forms can be downloaded or accessed directly from a form provider. The form to be selected depends on whether the debtor files a Chapter 7 bankruptcy or a Chapter 13 bankruptcy.

Exemptions based on Ohio bankruptcy laws help protect exempted properties from creditors. Properties exempted by Ohio bankruptcy laws include a residence up to $5,000, one automobile of up to $1,000, cash up to $400, a cooking range and refrigerator totaling up to $600, personal injury awards up to $5,000, death benefits up to $5,000, household goods and furniture for $1,500, jewelry up to $3,500, tools of trade up to $750, wild card and personal properties up to $400, as well as all pension and education plans. Ohio bankruptcy laws also allow exemptions on health aids, alimony and child support aids, property of business partnerships, ERISA-qualified benefits, retirement benefits, firefighters’ and police officers’ death benefits, group life insurance policy benefits, and seal and office registers.

The new Ohio bankruptcy law that took effect April 20, 2005, states that the value of the state homestead exemption is reduced by any addition to the value by disposition of non-exempt property during the ten years prior to the bankruptcy filing. Federal supplemental exemptions can be used in conjunction with Ohio exemptions. If one is not a permanent citizen of Ohio or has changed states frequently in the course of the past five years, one does not follow Ohio bankruptcy laws. Instead, the law of the state where one spent most of these years becomes operational.

Bankruptcy Laws You Must Know

September 24th, 2020 by admin No comments »

Bankruptcy laws are state specific but definitely not without federal reference. Of late, they are tightened to raise minimum credit card debt payments, as a first step. Personal bankruptcy laws have certain requirements for the debtor too, as most of these are taken from federal laws, title 11 of the United States Code. However, the primary goal of the bankruptcy laws is to provide debtors an opportunity to start afresh.

All major changes to bankruptcy laws are in place already. So what can you expect? They are specifically targeted at preventing abuse of it; and try to limit the homestead exemptions. Most of the changes are technical and procedural in nature making them tougher. The new changes are reflections of law makers’ concern to a country with millions in debt beyond their ability to payback.

From the perspective of an ordinary citizen, bankruptcy laws can be taken as part of a safety net enjoyed in America. Because, they ultimately provide you relief from debts and save you from sliding further into crisis. If you, the debtor, are honest, take it for granted that the new bankruptcy laws are intended to provide you with a fresh start to get free from old obligations and debts. But simultaneously, if you are out to take advantage of the changed bankruptcy laws, you will be eliminated ruthlessly. What point this drives home is that- bankruptcy certainly helps you out of financial mess but it simply is not charity. They are in place to provide you and your business an opportunity to pull-up your socks and discharge the debt before getting a fresh start.

What is chapter 7 bankruptcy? Most of it deals with consumer bankruptcy, concentrating on the liquidation process under the federal bankruptcy laws. So what is this Chapter 7 Bankruptcy? Chapter 7 cases are no asset involved cases, and debts are eliminated without a need for repayment. But the new changes to bankruptcy law don’t let debtors file Chapter 7 bankruptcy easily making it harder to qualify for Chapter 7 debt relief. You are required to meet what is known as ‘means test’ to provide for qualification under federal bankruptcy laws. On the other side, some commentators feel that Chapter 7 ruins credit card companies.

There is a second type of bankruptcy filed by most consumers -Chapter 13. With chapter 13, there is a common myth that it discharges and eliminates all debts. However protection under the Chapter 13 bankruptcy laws is immediate. Bankruptcy attorneys that deal with chapter 13 and chapter 7 opine that these are specific consumer bankruptcy laws and that chapter 13 is the most popular bankruptcy law. The reason is chapter 13 helps you to clear off debts systematically.

While some of the new clauses in bankruptcy laws are good, not all can be so effective. They are rather are confusing. There are a number of other things within the federal bankruptcy laws which need to be taken care off in respect of their complex nature. It is observed that bankruptcy laws are misused as protective shields to prevent creditors, in some cases to eliminate them altogether.

Of course, there is a growing feeling that the changed bankruptcy laws are complex to file and you need to be advised by an experienced bankruptcy lawyer. However the principle behind the amendments is encouraging risk-taking by reducing the fear of negative impact of failure. The bankruptcy laws are made complex to avoid easier elimination of your debt in a bankruptcy and make you payback anyway. The bottom line: bankruptcy laws provide new dimension to the approach of business people to obligations after a failure.

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Solve Your Increasing Debt Problems Through Florida Bankruptcy Law

August 7th, 2020 by admin No comments »

Bankruptcy law is that section in the federal law dealing with the bankrupt businesses or individuals. Florida bankruptcy law clarifies the procedure related to federal bankruptcy and general pertaining issues related to the Florida residents.

Florida bankruptcy law allows only a permanent Florida resident for filing bankruptcy in the bankruptcy courts of Florida. Florida homes 3 bankruptcy courts with each bankruptcy district having one – Florida Northern Bankruptcy Court, Florida Southern Bankruptcy Court, and Florida Middle Bankruptcy Court. Bankruptcy filing is required to be done in district of their residence. Mostly, the bankruptcy claims in Florida, similar to the Illinois bankruptcy law, are under Chapter 13 and 7 of Federal Bankruptcy Law.

Straight or liquidation bankruptcy is the other name of Chapter 7 and chapter 13 is referred to as wage-earner plan. When either of the two chapters of bankruptcy filing is done, a bankruptcy trustee gathers the entire non-exempt property of the applicant and puts them on sale for benefiting the creditors. However, they do not accept exempted properties for selling procedures. Florida bankruptcy-law helps in the determination of exempt and non-exempt properties. If Florida bankruptcy-law renders an individual to be ineligible for exemption, they are permitted for choosing federal exemptions.

Florida bankruptcy-law deviates from Michigan bankruptcy law with regards to their policy to the exempted properties. Exempted properties are incorporated in the exemption chart of Florida. An individual can exempt a property, which comes under any category of the exemption chart, closer to the amount listed. Florida bankruptcy-law permits liberal policy in bankruptcy exemption. Insurance policies, personal properties, motor vehicle, homestead, part of the wages, compensation benefits for unemployment, benefits for disability, education funds, retirement and pension funds along with health-aid interests are among the things that are exempted by Florida.

The amended Florida bankruptcy-law, which has become effective from the second week of October 2005, has complicated the bankruptcy filing cases. It involves impediment for bankruptcy filing, renewed rules of court, newer forms, and extra loads to debtors and their attorneys. The amended Florida bankruptcy law has now made the Florida exemption laws applicable only in cases where you have been living in the state for couple of years prior to date of filing. If you have not been living in Florida then for getting exemption, you should be spending in the state better part of the 6 months prior to these 2 years.
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“Reformed” Personal Bankruptcy Law of 2005, Now Broken, Should Urgently Be Truly Reformed This Time

March 11th, 2020 by admin No comments »

Time, once again, to reform the new 2005 reformed bankruptcy laws, and to reform the new reformed Chapter 7 bankruptcy? Or even the Chapter 13? On October 17 2005, amidst the highly charged atmospherics of high drama, robust promises and expectation, the new bankruptcy law, the Bankruptcy Abuse and Consumer Protection Act or BAPCPA, which had been enacted by Congress largely at the prodding of the Credit and financial industries, among other special interests, was promptly put into effect. Generally called the “reform” bankruptcy law, the law had been touted as something of a bankruptcy cure-all that was going to fix a “broken” bankruptcy system in America, most especially, reverse or drastically reduce the high volume of bankruptcy filings and the increased use of bankruptcy by American consumers in resolving their debt problem. The overarching, dominant argument and premise expressed by the banking and financial industry advocates and supporters of the reform law, and by its sponsors in the Congress, was that the growth in bankruptcy was due to “fraudulent bankruptcy filings” by consumers and the “excessive generosity” of the old bankruptcy system which, it was said, encouraged “abuse” and allowed a great many number of debtors to repudiate debts that they could quite well pay, at least in part.

A Congressional Research Service (CRS) report on the matter summarizing the “Legislative Goals of [the] Consumer Reform,” summed it up this way:

“The high volume of consumer bankruptcy filings during the 1990’s fuels the argument that the current law is too lenient, i.e., ‘debtor-friendly’ bankruptcy. Proponents of consumer bankruptcy reform cite many reasons in its support. The legislation is intended, among other things, to make filing more difficult and thereby thwart “bankruptcies of convenience”; to revive the social “stigma” of a bankruptcy filing; to prevent bankruptcy from being utilized as a financial planning tool; to determine who can pay their indebtedness and to ensure that they do; to lower consumer credit interest rates; and, to maximize the distribution to both secured and unsecured creditors. To effect these goals, the proposals implement a “means test” to determine consumer debtors’ eligibility to file under chapter 7.”

That was in October 2005 that the new law came into effect. Fast forward to today in March 2009, however, only less than 4 years after the passage of the new rules of the 2005 BAPCPA law that toughened the system for bankruptcy filing and made it far more costly (it more than doubled the legal fees charged by attorneys for bankruptcy filing) for debtors to file for bankruptcy. And we find that American debtors, once again, are fast returning to the same rate of bankruptcy filing as the pre-2005 levels. And the informed expert projections are that we’ll land right back pretty soon at the same old “square one” in bankruptcy filing – back to the old “bad” high pre-2005 bankruptcy filing levels which the 2005 “reform” law just enactment by Congress was meant to cure and reverse. For the month of February 2009, for example, there were over 103,000 bankruptcy filings nationally. Spread over the 19 business days of February 2009, the filing rate is 5,433 filings per day – which represents a 22.0% jump over the January 2009 filing rate, and a year-over-year increase of 29.9% as compared to February 2008. In deed, by some expert predictions, the nation will register a rate of 1.4 million bankruptcy filings for the current 2009 calendar year.

Clearly, the “reformed” BAPCPA law has woefully failed in its avowed fundamental mission and purpose – discouraging American debtors from using the bankruptcy system in settling their debt problems by making the process tougher and more expensive and hassle-filled, and reversing the escalating or high volume trend in bankruptcy filings.

WHY THE 2005 LAW FAILED

The fundamental reason why the 2005 law has come crashing down so soon, can be traced directly to one basic reason: the whole BAPCPA scheme had been based on a premise that is badly flawed, in deed false, and totally unsupported by facts or evidence or research, but based largely on mere raw emotions and ideological thinking. Essentially, Congress, while conspicuously discounting the independent research-based evidence of scholars such as Harvard’s Elizabeth Warren and others (see, for example, Sullivan, Teresa A., Elizabeth Warren, and Jay Lawrence Westbrook. As We Forgive Our Debtors. New York, Oxford University Press, 1989), ultimately bought the more emotional argument of the banking and financial industries that rampant “fraud and abuse” was to blame for the high volume of consumer filing, and that to stem that tide the law needed to be made more stringent so as to curb “bankruptcy of convenience” by debtors.

That fundamental premise happens to have been totally false and grossly in error, however. At the heart of it, the notion that most American debtors file bankruptcy because though they really have the means to pay up their debts, they just do not wish to pay and merely want to cheat to get out of their debt obligation, is directly contradicted by so many studies and empirical evidence on the subject. But, even more closely today, it is directly contradicted by current events. Americans have, again, turned around and resumed flocking to the Bankruptcy courts in record numbers precisely today at a time of clearly serious national economic downturn, joblessness, financial distress and depression, for a great deal of them. Why? Because they wish to or love to cheat? Clearly, NOT that! Clearly, the 2005 reform law failed woefully to take into account the central role that the overall health and soundness of the “fundamentals,” or, even more accurately, the lack of it, involved in the nation’s as well as an individual debtor’s economic and financial condition – his employment, overall financial obligations, etc – could often play in whether or not the debtor ultimately pays back his or her debt.

“After October, 2007 [marking the two years anniversary after the new 2005 law], there was very little ‘inventory)” of consumers ready to file for bankruptcy relief,” explains Etaoin Shrdlu, one analyst on the subject, writing in Credit Slips, an online bankruptcy forum. “The Code [the bankruptcy law] changed, but the economic factors leading to bankruptcy have not. If anything, they’re getting worse. [That's why] I think that within the next couple of years we’ll be back at the same filing levels we had in 2003 and 2004.”

Elizabeth Warren, the Harvard Law School professor and author of several books on bankruptcy, probably sums up the point best, this way:

“The credit industry did its best to drive up the cost of filing [for bankruptcy] but when families are in enough trouble they will fight their way through the paper ticket and higher attorneys’ fees to get help,” adding that “The word is now leaking out [once again] that the bankruptcy courts are open for business.”

In sum, today, as we now see, the 2005 bankruptcy law is clearly badly flawed, if broken, right from the beginning. Congress, it’s now obvious, needs urgently to completely redo this law to truly reform the egregious flaws of the 2005 “reformed” law – this time correctly, we hope.

Among many other important considerations that the new, truly “reformed” law must include, perhaps the most critical of them all is this: AFFORDABILITY OF BANKRUPTCY; finding low-cost bankruptcy. Whereas the 2005 law sought to arbitrarily restrict or exclude qualified bankruptcy candidates from filing for bankruptcy largely based on false premises by making it more difficult and expensive for them to file, such new law should provide effective mechanism that enables virtually EVERY honest American debtor, once clearly economically unable to meet the debt obligations but overburdened with debt and otherwise qualified, to have low-cost bankruptcy filings. Even finding non-lawyer pro se alternative to lawyer. American debtors should never be forced to have to forfeit their sacred constitutional right to bankruptcy as Americans, to seek the relief of bankruptcy from their debt burden and get the rehabilitative fresh start that bankruptcy offers for a life after debt – AFFORDABLY.

Benjamin Anosike, Ph.D., has been dubbed by experts and reviewers of his many books, manuals and body of work, which deal largely on self-help law issues, as “the man who almost literally wrote the book on the use of self-help law methods” by America’s consumers in doing their own routine legal chores – in uncontested divorce, will-making, simple probate, settlement of a dead person’s estate, simple no-asset bankruptcy, incorporation, etc. A pioneer and intellectual and moral leader of the 1970s-based “you do your own law” movement and a lifelong vehement advocate and veteran of historical battles for the right of the American consumers to perform their own tasks in the area of routine legal matters, Anosike was one of the pioneers who fought and survived (along with many others of courage) the lawyers’ and organized bar’s stiff war of the 1970s and ’80s against American consumers and entrepreneurs who merely sought, then, to use, write, distribute or sell law-related self-help books and kits for non-lawyers to do their own law, upon the lawyers’ claim then of such matters being purportedly “unauthorized practice of law” or “practicing law without a license” Anosike holds graduate degrees in labor economics and management and a Ph.D. in jurisprudence. Characterized by a review of the American Library Association’s Booklist Journal as “probably the most prolific author in the field of legal self-help today,” Dr Anosike is the author of over 26 books and manuals (and countless number of articles) on various topics of American law, including 4 volumes on personal and business bankruptcy filing, in a lifetime of dedication. For more on the subject matter discussed in this article, or on how to get a low-cost, affordable bankruptcy filing, or the author’s other books and manuals.

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Marketing, Promoting and Advertising Your Business

February 28th, 2020 by admin No comments »

One thing that goes without saying in today’s business world, is that regardless of the nature of your home based business, a website is an absolute MUST. Whether you have a product or service to sell, whether local or global, your business will go nowhere fast if you don’t have an online presence. If you need internet marketing help, you’ve landed on the right article. I’ll give you some home based business marketing ideas that will help you promote your business successfully.

The first step is choosing a domain name and getting it registered. You can build your own website (if you have the time) and host it yourself or you can have everything done by another company (if you have the money). Either way, you have many options and tools at your disposal that can align with your business plan and budget. Also note that you can still start your own home based business even if you don’t have a product or service to sell. There are thousands of individuals and companies that have products you can sell for them while earning a commission, called affiliate marketing.

Of the many business marketing strategies known to man, internet marketing is, hands down, the best strategy to use for promoting a home based business as it is the cheapest method and has the potential for reaching millions of people all over the globe. Driving traffic to your site through online resources is like killing two birds with one stone. You can tackle print advertising by writing articles and publishing them to directories and ezines and by submitting ads to the many available (and most of them free) classified ad sites. Online media advertising encompasses writing press releases and distributing them to press release sites. One of the biggest and most popular online advertising trends today is via social media advertising through sites such as Twitter, Facebook, and LinkedIn where you build relationships with your customers. Forums and communities are also great ways to build relationships which helps promote your home based business in the long run. Simply Google your market or industry with the word ‘forum’ or ‘community’ behind it and search for one or two that seem to be the best fit for you.

All of these methods of online advertising contribute to search engine optimization (SEO), which is to say improving your online visibility and escalating in the search engines like Google, Yahoo and Bing. Your goal is to claim the #1 spot in the organic search results (the results on the left, not the right side which are paid ads). This is where your traffic will come from. If you are 800 in the list of search results, no one is ever going to see your site because very few people have the time or patience to scroll through 800 search results. Research shows that people typically won’t even scroll past 4 or 5 search results, let alone 800.

Can you grasp the importance of internet marketing for any business? If you are new to the internet marketing phenomenon and don’t know exactly where to start, there are many great programs or systems online that walk you through every aspect of marketing your online business. A lot of these systems were created by online entrepreneurs who have spent thousands of their own dollars trying to figure it all out over the years and finally DID. Their sacrifices have made it easier for newbies to become successful at their own online home based business. If you are new to running your own home based business, I recommend you find a great system (do your research, read reviews, ask questions in forums) and start marketing your home business from there. Don’t waste the time and money that so many of us have in going it alone, without a proven system, as it will just set you back further and hinder your progress.

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