Bankruptcy - Is It the Answer?
August 16th, 2008Some people who find themselves deep in debt feel that the only way out is filing for bankruptcy. This, however, is a very serious matter and is not a decision that should be made rashly. The debt elimination benefits of bankruptcy come at a high price. When a person’s debt has risen to a level that they can’t hope to get under control, they may consider filing for bankruptcy. For a consumer there are two bankruptcy choices: Chapter 7 and Chapter 13. Chapter 7 bankruptcies involve wiping out the debts in part or in their entirety and liquidating assets to do it. Chapter 13 bankruptcies are more of a debt restructuring plan that gives you more time and a plan to pay back a portion of the debt that is owed to creditors.
Credit is damaged as a result of bankruptcy proceedings for up to ten years. For those ten years, every time you apply for a line of credit your bankruptcy will show up on a credit report. This applies to both Chapter 7 and Chapter 13 bankruptcies.
Some people have turned bankruptcy into a way to easily get rid of debt without having to pay the money they owe. In some cases, individuals have filed for Chapter 7 multiple times in an effort to rid themselves of incurred debt.
Each state decides on what assets they will exempt from being seized during a bankruptcy hearing. Knowing that, some may use available cash to purchase those items (homes, cars, etc.) in an effort to avoid payment and still retain the stuff they purchased. In this instance, creditors receive little or nothing from the bankruptcy settlement.
Laws have been changed in regards to the bankruptcy process and such misuse of the system is no longer possible. Instead of being chosen by the courts, now people who wish to file for Chapter 7 bankruptcy must meet stringent requirements. For example, they must earn less than the median income in their state. If a person has enough money on hand to pay for twenty-percent of their debt, they are not eligible for Chapter 7 bankruptcy.
These changes have made it so that more people file for Chapter 13 bankruptcy. In these proceedings, the court take into consideration a person’s financial situation and their debt in order to determine how much money they are realistically able to pay. Necessities like a rent or mortgage payment and utility bills are calculated and compared to standards that the IRS has set for Chapter 13 bankruptcy filers. After this, the actual amount to be paid is determined and the rest is considered exempt.
Now that the bankruptcy process has become more complicated than before, lawyers are charging more to handle the proceedings involved. The extra cost involved also makes people think about their situation seriously before filing. Credit counselors can help you to make a plan for getting rid of debt without going through the bankruptcy process.
Bankruptcy should always be a last resort. While it will give you a clean slate, it comes at a price.
About the Author:
Do you budget for your spending every month? If not, that could be why you’re dealing with all credit card debt. Learn how to reduce your debt faster and with less interest paid on the Debtopedia website. Get a free copy of my report “Secrets of credit card debt” at www.Debtopedia.com
Tags: bankruptcy, Credit repair