Bankruptcy - Is It the Answer?

August 16th, 2008

Some 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.

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Bankruptcy Is Not the End Of The World

August 15th, 2008

You may have had to file for bankruptcy because of events that have affected your financial circumstances. Bankruptcy, however, is not the end. . Bankruptcy is a hard choice to make. Millions of people have experienced it and come out on the other side. It won’t be easy, but you can recover from this type of financial disaster. Bankruptcy is not the end.

All damage done to your credit by the bankruptcy process can be healed. Chapter 7 bankruptcy eliminates all of your debts, and some of your assets. Afterwards, building up your credit again is dependent on you paying your bills in a timely fashion.

You must care for the assets that you have been able to retain responsibly. If you still have your home, work on proving your ability to pay for bills on time by making all of your payments to the local utility company when they are due.

Secured credit cards, credit cards that require that a deposit be made by the individual applying for the card, can also help you reestablish credit. As you use your secured card, you will build your credit and eventually be able to qualify for an unsecured card.

Keep just one credit card. And don’t charge purchases on it needlessly. Simply having a credit card that can be used in emergencies is a way to build back your damaged credit.

Learn to pay in cash. Force yourself to refrain from making purchases without having the cash you need to pay for them. Paying in cash will also help you strengthen your bank account. This also prevents future debt problems, since bankruptcy often comes as a result of spending without having the cash necessary to do so.

Plan to succeed. Since you have already experienced bankruptcy, you know you don’t want to go through the process again. Establishing a good savings plan that includes an emergency fund will help you prevent any future need to file for bankruptcy. Credit card payments shouldn’t present any kind of problem after having had all of your debt eradicated.

When you do get a credit card again, you can expect to be bombarded with offers from credit card companies. They will do there best to get your business, but you can resist them if you are determined to stay out of debt.

Learn to live within your means. This requires that you be prepared for the unexpected. Credit counseling classes or meetings with a financial advisor can be helpful, since they will provide you with great tips on how to maximize your savings and care for your expenses responsibly.

Financial advisors might also help you by forming a savings account that you can later use to invest. Since retirement often continues for upwards of twenty or thirty years, saving and investing wisely in essential. While you work at rebuilding your credit, keep your focus on saving for retirement.

Bankruptcy is not the end by any means. Recovery is possible, but only with hard work, patience, discipline, and time. If you stay with your plan, you will be able to enjoy a financially secure future.

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