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Pros and Cons of Declaring Bankruptcy

ainmohd — Wed, 25 May 2011 20:59:07 +0000

Mounting debt is no fun. The worst part of it all is that once you reach the tipping point it just keeps getting more and more out of control. If you have thought about declaring bankruptcy then you are not alone. The state of today’s economy has caused an ever-growing number of people to file bankruptcy. These are hard working people who had every intention of paying what they owe, but then circumstances out of their control made that next to impossible. Before you make the decision–one way or the other–you should know some of the pros and cons of declaring bankruptcy.

1. If you are really deep in debt, and most of what you owe is credit card debt, then bankruptcy can eliminate or drastically reduce how much you eventually pay. However, it won’t eliminate all kinds of debt (such as back child support or student loans), so you need to consider what type of debt you’re carrying.

2. Your creditors are not allowed to contact you once they are notified that you have declared bankruptcy. They either have to deal with the court or your attorney. In effect, you lose control of how your creditors will be paid (or even if they will be paid), so there isn’t any good reason for them to be calling you anyway. Not being harassed by the constant stream of telephone calls is one of the pros of declaring bankruptcy.

3. Having a clean slate financially is a good reason to file for bankruptcy. It will give you the opportunity to start fresh and get it right from this point forward. This clean slate will also apply to your credit report (sort of). The debts covered under the bankruptcy will be removed but…

4. One of the major downsides of declaring bankruptcy is that it will leave a negative mark on your credit report for a full ten years. Also, while you won’t be listed as owing money to the creditors who were paid off, they can make a note saying they were not paid back under the original terms of your agreement.

5. It’s a hassle. The new bankruptcy law makes you jump through a fair number of hoops before you’re allowed to file. You will have to provide all kinds of financial information, and there is also an income qualification for some types of bankruptcy. In some cases you may have to attend credit counseling as part of the process.

6. What a lot of people don’t realize is that going bankrupt causes a lot of stress. Many marriages have come to an end as a result. People can become depressed after filing for bankruptcy, too. Then there are those who a lowered sense of self-esteem because they feel bad about not being able to live up to their word to pay back what they owe. You may scoff at these things, but they are a very real problem for a lot of people, and should be considered when thinking about declaring bankruptcy.

When should You Consider Bankruptcy As An Option?

ainmohd — Wed, 25 May 2011 20:33:59 +0000

With the economy being as sluggish as it is, more and more people are getting deeper and deeper into debt. If you find yourself struggling, you should know that you are part of a growing group of people. You may have even questioned whether or not you should file bankruptcy. After all, the companies and lawyers who sell bankruptcy services make it sound like such an easy solution. They claim all of your debts will be wiped out and you will be able to start fresh.

While that sounds wonderful, there’s more to it than that. Before we get into some reasons why you should not file bankruptcy, it’s important to know that being in debt most likely isn’t your fault. You had every intention of paying everything back when you took out your loans or charged things to your credit cards. Not only that, you also had the capability to do so. But then your creditors started playing their games and hit with all kinds of fees, or maybe you had an unexpected emergency that cost more than you could handle at the time, or maybe you were a victim of the bad economy and had a drastic reduction in your income. Whatever the reason, you are now at a point where something must be done.

Bankruptcy shouldn’t be considered as an option if you can pay off what you owe in a few years. You will need to list all of your debts, then calculate how long it will take for you to repay them. Figure out how long it will take if you pay the minimum monthly payments, and also how long it will take if you pay more than the minimum. This is only part of the equation because you have to be sure you have enough income to cover whatever amount you come up with. If you can get your debt under control in three to five years then you probably should not file for bankruptcy.

Not all debts will be erased if you file bankruptcy. Most may be eliminated, but things like back child support and student loans will not be wiped out. You will still have to pay the full amount on those. No matter how good the bankruptcy pushers make it seem, there are some obligations that will not go away. So, you need to consider what kind of debt you have before you even consider bankruptcy as an option.

If you will be in the market for a new car, new home, or anything that requires a credit check in the next ten years, then you should not file bankruptcy except in the most extreme of cases. That’s because it will stay on your credit report for ten years, and will make you a very high credit risk, a risk that creditors may not be willing to take.

To put all of this another way: you should not file bankruptcy if you have been led to believe it’s an easy solution to your financial problems. Now, that doesn’t mean you shouldn’t file, but that you should be realistic about what it entails.

Chapter 7 vs. Chapter 13 Bankruptcy

ainmohd — Tue, 10 Aug 2010 12:23:39 +0000

The decision to file bankruptcy is a big choice . Your ability to decide which type of bankruptcy to go after is a very important part of that decision . Do you know the difference between Chapter 7 bankruptcy and Chapter 13 bankruptcy ? Read this basic information , then go ask a bankruptcy lawyer in Minneapolis to help you decide which form of bankruptcy best suits you.

The Bankruptcy Chapter 7 Exemptions

ainmohd — Tue, 10 Aug 2010 12:16:46 +0000

If debts are mounting on you and you cannot pay them off, bankruptcy filing may be the only option for you. There are many people who opts for Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets which will ultimately be an effective way for you to pay off all your existing debts. The process is fully supervised, and the court will appoint a personnel who has the authority to sell all the non-exempt assets of the debtor and use the sales proceeds to pay off the various creditors. Bankruptcy chapter 7 exemptions are assets that the courts will not touch when filing for bankruptcy. It is true that chapter 7 tend to help the debtors more and with the help of exemptions, a debtor could effectively reduce your personal damage and still get to keep some stuff.

Get to know Bankruptcy Chapter 7 Exemptions

admin — Mon, 09 Aug 2010 11:32:18 +0000

If debts are mounting on you and you cannot pay them off, you may not have any option other than filing for bankruptcy. Many people prefer Chapter 7 Bankruptcy. This chapter involved selling all your non-exempted assets that will allows a debtor to some ability to pay off their debts. As this is a supervised procedure, the authority will appoint a a person known as a trustee to liquidates the non-exempt assets owned by the debtor and appropriate the sales money to various creditors. Chapter 7 Exemptions are assets that the courts will not touch when the bankruptcy is filed. Chapter 7 bankruptcy is usually favored by debtors but not the creditors and with with the exemptions in place, you can effectively reduce your personal damage and will be able to keep some of their belongings.

What About Selling Your Home Before Bankruptcy?

ainmohd — Sun, 27 Jul 2008 13:30:35 +0000

Tip! After declaring bankruptcy, your bank accounts will be closed, credit cards, and everything that has been bought on hired purchase, such as a car or a house will be returned to the owner.

In case you’re thinking of filing bankruptcy, the home that you live in will also form part of the assets that could be sold in order to pay the creditors.

If you are a part owner of the house, the house will still be sold and the creditors will be paid for with your share in the house while the remaining money will be paid to the other part owners. However, if your family is living with you in the house it is sometimes possible to delay the sale of the house for a year or so.

If the trustee is not able to sell your house he may still have a charge on it for a period that could last three years. In this period, if the value of your home increases it will belong to the trustee to pay off the debts. Even if the process of bankruptcy is complete and the house is sold – still the benefit of any increase will go to the trustee.

There is also a provision whereby your family, husband or wife will have the option to buy the stake in your house and in this way you will be able to keep that asset outside of the bankruptcy process and may continue living in it.

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Is Filing For Bankruptcy The Solution?

ainmohd — Sat, 26 Jul 2008 05:20:21 +0000

Tip! After filing for bankruptcy, many people are afraid they wont be able to buy a home for 10 years while they have a history of bankruptcy on their credit report. Usually 18-24 months within a bankruptcy discharge, debtors can qualify for a loan on the same terms as if they had not filed for bankruptcy.

Bankruptcy may seem to be an easy solution for major financial problems. But it is always better to avoid filing bankruptcy at all cost and to turn to it only as a last resort.

Once you file for bankruptcy, this point will remain on your credit record for ten years. This will make it difficult for you to receive loans and credit. Some lenders may allow for limited credit with bankrupt; but only after extensive explanations, and at a higher interest rate and with added credit fees. Another reason for avoiding bankruptcy is that some types of bankruptcy call for repossession of assets. Once the bank finds that there is something with you that is not necessary for living, the item may be seized to pay for debts and bankruptcy expenses.

With bankruptcy, financial difficulty will not be solved and your life becomes an open book as the court pries into all aspects of life wherein you will have to provide all financial information like savings, investments and assets. Though bankruptcy may seem to suggest some freedom from financial debts, there may be other debts that will have to be paid like alimony, court judgment costs or child support.

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Hurricanes and Bankruptcy

ainmohd — Wed, 23 Jul 2008 09:18:17 +0000

Tip! Your creditors can not change their minds at a later date From the date of approval of your Arrangement all interest and charges are frozen. Unlike bankruptcy there is no advertisement of the IVA in a local paper.

During the 2005 Atlantic tropical hurricane season there were many bankruptcies from small businesses and individuals who could not pay their bills. All along the Gulf Coast, New Orleans and many people in Florida had lost everything including their jobs, their homes and had no way to support themselves or pay the bills.

Luckily FEMA was able to come forth with monies, but generally it was not enough for them and the checks came too late. Anyone who is ever done business with the government of the United States of America knows that they never pay their bills on time for services rendered and it should not be surprising that FEMA did not cut checks to the people in their time of need in the aftermath of hurricane Katrina.

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Tips for Getting Approved for a Car Loan with Bankruptcy

ainmohd — Fri, 11 Jul 2008 04:59:13 +0000

Tip! The debtor must get counseling and certification from a non-profit credit-counseling agency before the forms can be filed for your bankruptcy.

Budgeting

You need to plan ahead, make a budget with all your income and expenses and consider what monthly installments you will be able to afford and are willing to pay. According to this information you’ll be able to select which payment schedule best suits your needs when you get loan quotes from each of the lenders.

Pull your credit Report

You need to pull your credit report before applying for a loan. Request a free copy of your credit report to the credit agencies. Credit Agencies are required by law to provide you a credit report once a year. Check that everything is in order and that no unnecessary accounts remain open.

Budgeting is essential. If you think that your income or expenses may be modified and you’ll end up not being able to repay the loan, then consider buying a cheaper car or requesting a longer repayment schedule. Falling behind your payments or defaulting not only risks repossession but it also can lead you to bad credit or even bankruptcy.

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Bankruptcy – The Last Resort

ainmohd — Thu, 10 Jul 2008 04:57:18 +0000

If you have been in debt before, you understand how it feels. Debt can feel like an elephant on your shoulders day in, and day out. Many people feel as if there is no hope when you feel you owe your soul to creditors and collectors. Bankruptcy seems to be the only choice at this point whether for your business or for you personally. Is Bankruptcy the choice you should take?

That question is not so easily answered and there may be many things that the general public does not necessarily understand about bankruptcy. Bankrupcy, for the most part, is a societal and governmental means to finding the right solution for your debts when all else has failed. As it stands now, if you file for bankruptcy and are granted bankruptcy, you most definitely deserve it. The laws that govern the various types of bankruptcy make it almost impossible for someone to claim if they don’t necessarily need to. The amount of paperwork has increased, the court fees have increased, and the overall trouble to file has made it quite a struggle for just anyone to qualify for bankrupcy.

Read more at Bankruptcy – The Last Resort