Saturday, March 31, 2010

Bankruptcy Debt Relief - Facts and Fiction

Those among us who have lost their jobs or had their hours cut back face many fears. Many people are struggling to get all their bills paid, and some are on the brink of losing their homes.

Advertisements for “debt elimination” methods are pervasive in today’s media, popping up just about everywhere. Understanding the difference between fact and fiction regarding debt relief and bankruptcy is critical, as the path you choose now can continue to impact your future for a long time.

It’s important to realize that bankruptcy laws are state specific. There are some laws that will be almost the same, and certainly very similar from state to state. But if you are contemplating filing any form of bankruptcy proceedings, it is important to consult with a local attorney. Bankruptcy attorneys are the recognized experts who can help you determine what options are available to you, and which option makes the most sense for your unique situation.

Many people who desperately need debt relief are concerned about the social stigma of debt relief, fearing that the news of their bankruptcy will be widely published. In the case of celebrities and public figures, this is nearly unavoidable and thus a legitimate issue. For the rest of us, though, few people outside the affected creditors ever become aware of the proceedings.

It is important to note that bankruptcy may not eliminate all of your debts. You may meet the current means test for making debt repayments through Chapter 13, a wage earners plan. Alternately, a Chapter 7 filing may be more appropriate. Your attorney will be able to determine which is the best one for your situation. Both Chapter 7 and Chapter 13 have certain debts that are not eliminated. These include child support, criminal restitution, and tax liens.

Another area that is rife with fiction is that you will lose your house. Both Chapter 7 and Chapter 13 forms of bankruptcy often allow you to keep your current home. In fact, a Chapter 13 filing, in some instances, is initiated specifically to help homeowners prevent foreclosure. This is an area where you want an experienced bankruptcy lawyer handling your Chapter 7 and Chapter 13 filings and advising on your case in order to protect your assets to the full extent of the law.

Some people may find it necessary to file bankruptcy in a state other than the one they live in. This sometimes happens when the debt was incurred in another state, or when they recently moved. It is now required for you to be a legal resident of a state for two years before you are eligible to use that state’s exemptions. Consult with an attorney in the state in which your debts were incurred before changing jurisdictions.

No matter what you may have heard to the contrary, debt relief always has a negative impact on credit scores. Credit scores going up as a result of less debt after a bankruptcy is a complete myth. The reverse is true: after a bankruptcy, your score will drop at least some, and in many cases, it will lower significantly. Even if you settle debts with creditors by negotiating the balance down, most of these agencies will show these payoffs as “PAID SETTLED”, which will also lower your score. The credit bureaus maintain records of all your credit transactions, some for 7 years, some for as long as 10 years.

This doesn’t mean that any future credit opportunities are doomed after bankruptcy. It isn’t unusual that shortly after discharging your debts you will receive new offers for credit cards again. You can expect it to be much more difficult, if even possible to qualify for property and automobile purchases. If you do qualify, it is likely your rates and terms will be less favorable.

However, if some form of debt relief or restructuring is a requirement for you, be sure to work with an attorney to help you understand your options. Your credit will improve over time.

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The Harsh Realities About the Impact of Personal Bankruptcy

For those who are considering personal bankruptcy, it is unlikely that all of the personal and professional consequences are known. However, the impact is quite serious and, often, harmful.

Bankruptcy is often seen as the last resort to overcome the constant demands of credit companies and debt collectors. Even though it might sound like an easy way out, one must ensure that they do not rush into it. The impact of personal bankruptcy can momentarily pull you out of your brutal financial condition, but at times can also prove to be the most colossal mistake ever made.

The impact of personal bankruptcy can have serious effects on your current and future financial position. Let us see how:

Bankruptcy poses a great risk to your current assets. Once a person declares bankruptcy your entire current asset holding (including your property, shares and everything you own that has a value) is at a risk of being sold to the creditors.

Bankruptcy also puts to risk all future assets like an inheritance. Once a person declares bankruptcy his future assets would also be sold off to pay his creditors.

In addition to the sale of assets, the impact of personal bankruptcy includes harmful records on your credit bureau. Bankruptcy will impact your intentions to act as a company director and obtain non-personal credit for the rest of your life.

Another professional downfall means being exempt from holding an indirect or direct management position in a company, nor can you hold a position as a counselor, magistrate, MP or Estate Agent. A little closer to home, you also cannot serve on a school or college’s board of governors, not can you seek employment at security firms or in other civil services.

What is likely the harshest impact of personal bankruptcy is something that comes after the bankruptcy notice is advertised. Given the public nature of bankruptcy, the debtor’s name and personal business dealings are in jeopardy. Unlike companies who can operate under different trade names, individuals have just one name. And since bankruptcy are publicly available, anyone can access the details of your bankruptcy.

Personal bankruptcy will have an impact on your reputation. With your financial affairs being examined in an open court, the process will not only prove to be extremely stressful, but others have found the whole experience rather humiliating.

Apart from all the above, bankruptcy also plays havoc with the present financial condition of the debtor. He would have to incur huge court and insolvency fee for the entire procedure.

If you are considering bankruptcy as a debt clearance option, then try gaining some knowledge about other alternatives. For more information on the impact of personal bankruptcy and its alternatives refer to e-books and manuals available on the net.

Chris has more than 16 years in the financial services industry. He manages a debt-free blog that aims to help people with Debt Trouble at How To Repay Debt.com.

Do You Know Of Some Alternatives To Bankruptcy That You Can Use?

Chances are if you are reading this article then you want to know what some alternatives to bankruptcy are? Chances are you may also be facing some financial difficulties. Most people never take the time to learn this information until it is too late and they can not get out of the trouble.

This is one of the main reasons that I wanted to share some alternatives to bankruptcy that will enable you to get back on your feet. Of course sometimes the best thing for you to do is file bankruptcy so you can get a fresh start again.

We have taken the time to list some alternatives to bankruptcy that may enable you to get out from underneath your debt. First of all before you even consider any of these alternatives to bankruptcy; you have to be honest with yourself and find out if they will work for you.

1. Professional Help: If you are struggling with your debt and you feel as though there is nothing you can do; then you may want to consider talking to some professionals who will be able to help you decide as to what type of options you have about filing bankruptcy or not. Many people feel trapped when they are burdened with their finances. In fact I know many people who attempt to hide their problems and hope that they will go away on their own.

We all have to begin taking responsibility for our finances and until we are willing to step up then nothing will ever change. The great thing is that when you decide to talk to a professional about your finances it is the first step to getting back on track.

2. Set A Budget: Unfortunately most people never take the time to set up a budget for them and their family. In fact research shows that the only reason that people face financial difficulties is because they spend more money than they make each month. It is vital that we all learn how to say “No” if that spending does not fit into our budget.

Chances are you want to know how to avoid filing bankruptcy; be sure to visit our site below and get some great tips and advice that will help you get your finances back on track.

How To File Bankruptcy This May Help! How To Consolidate Debt

Do You Know Of Some Alternatives To Bankruptcy That You Can Use?

Are you looking for some alternatives to bankruptcy? Well chances are if you are reading this article you may be facing some financial hardships in your life. While most people never take the time to educate themselves on this issue until they discover there is no way out anymore.

We have decided to share some of the most common alternatives to bankruptcy that people have used to save them from this hardship. You are the only one who knows your finances and it is vital that you be completely honest with yourself about whether you actually need to file bankruptcy to get a fresh start or not.

We have taken the time to list some alternatives to bankruptcy that may enable you to get out from underneath your debt. First of all before you even consider any of these alternatives to bankruptcy; you have to be honest with yourself and find out if they will work for you.

1. Seek Counsil: When a family is struggling financially I know that it feels as though there is no hope; however when you take the time to speak to a professional they will be able to guide you with your options and if you should file bankruptcy or not. It is important to know that you are not trapped as long as you are willing to face your problems.

We all have to begin taking responsibility for our finances and until we are willing to step up then nothing will ever change. The great thing is that when you decide to talk to a professional about your finances it is the first step to getting back on track.

2. Create A Budget: Most people never take the time to set up a budget for them and their family. We as a society are so used to spending more money than we make each and every month. We all have to learn how to begin saying “No” when we can not afford something.

Chances are you want to know how to avoid filing bankruptcy; be sure to visit our site below and get some great tips and advice that will help you get your finances back on track.

Bankruptcy Alternatives Do You Know About This? Declaring Bankruptcy

Trying To Avoid Bankruptcy? Here’s How

by Sam Paretta

There are many Americans struggling with a lot of debt. Being in this situation can lead people to think of filing bankruptcy in order to get rid of debt. Yet bankruptcy should only be used as your last resort. When you have too much debt, is there a way to avoid bankruptcy by using specific debt management techniques and regain your financial footing?

Simply put, the answer is yes. When you consider filing personal bankruptcy, first understand that probably not all of your debt can be avoided, or eliminated. There are some debts like student loans and taxes, that bankruptcy won’t resolve. For anyone with a regular job, you will probably be filing Chapter 13 bankruptcy, which requires you to set up a debt repayment plan to repay your debts. If that’s the case, you can avoid bankruptcy by setting up your own repayment plan with your creditors outside of bankruptcy, keeping it off your credit report. This is something you’ll have to decide for yourself.

Start putting together a repayment plan with debt management by talking to your lenders to determine who is willing to work with you on affordable payments. When they know your are thinking about bankruptcy, this might incentivize them to work with you. Start by calling your secured creditors, which are your home or car lenders, so that you don’t lose your home in foreclosure, or your car to repossession. After that, you can talk with the unsecured creditors who hold your credit cards. These lenders can be paid last, but still try to get affordable monthly payments set up with them. Look online as well for websites where you can download a free debt snowball spreadsheet or other resources.

If you are without steady employment right now, this could be a situation in which you would benefit in filing bankruptcy. If you have no way to pay back your debt, then you need to file Chapter 7, where you can discharge all (or most) of your debts. Remember though that you may then have to sell your personal assets, like a house or your cars, in order to pay your lenders. Hope is not lost, though, as you might still avoid bankruptcy even without any income. Just take the time to work with your lenders and ask them if they are willing to give you a temporary hold o payments until you have work again.

The specific steps then for a debt management plan are first to pay for your immediate personal needs such as food, shelter and utilities. After that, you should make payments on your secured loans to keep them current if you can. Finally, after those two are covered, use the cash left over if any to pay debts to unsecured creditors, such as credit cards or unsecured loans. If you have any student loans then usually these agencies will work with you to set up a temporarily hold on payments.

In case any of the unsecured or secured lenders will not work with you, or if they start collection proceedings against you, you may be forced to file bankruptcy whether you want to or not, to stop them from proceeding. Keep that as your last resort though. Only file for bankruptcy in the event there is no other way for you to repay debts with your current income level. By sticking with your repayment plans, you can always increase your payments once you are back on your feet.

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Manage Debt and Avoid Bankruptcy

by Sam Paretta

Do you have a lot of debt? Often high debt leads people to consider bankruptcy as a way to get rid of debt or try to repay the debt faster. But don’t choose bankruptcy as your first option - it should only be used as a last resort. In that case, can you avoid bankruptcy using debt management to get back on a good financial footing?

Simply put, the answer is yes. When you consider filing personal bankruptcy, first understand that probably not all of your debt can be avoided, or eliminated. There are some debts like student loans and taxes, that bankruptcy won’t resolve. For anyone with a regular job, you will probably be filing Chapter 13 bankruptcy, which requires you to set up a debt repayment plan to repay your debts. If that’s the case, you can avoid bankruptcy by setting up your own repayment plan with your creditors outside of bankruptcy, keeping it off your credit report. This is something you’ll have to decide for yourself.

To set up your own plan with debt management, begin talking to your lenders to see who is willing to work with you. If they know you are considering bankruptcy, they may have more incentive to work with you. Talk to your secured creditors first - the banks that have your home or car loans, for example. You don’t want to lose your home or car in bankruptcy. Your unsecured creditors, like credit card banks, should get paid last. See who’s willing to work with you on affordable payments. Also looks online for free debt snowball software or resources to show you how to negotiate with your creditors.

If you are without steady employment right now, this could be a situation in which you would benefit in filing bankruptcy. If you have no way to pay back your debt, then you need to file Chapter 7, where you can discharge all (or most) of your debts. Remember though that you may then have to sell your personal assets, like a house or your cars, in order to pay your lenders. Hope is not lost, though, as you might still avoid bankruptcy even without any income. Just take the time to work with your lenders and ask them if they are willing to give you a temporary hold o payments until you have work again.

The specific steps then for a debt management plan are first to pay for your immediate personal needs such as food, shelter and utilities. After that, you should make payments on your secured loans to keep them current if you can. Finally, after those two are covered, use the cash left over if any to pay debts to unsecured creditors, such as credit cards or unsecured loans. If you have any student loans then usually these agencies will work with you to set up a temporarily hold on payments.

If any unsecured or secured lenders will not work with you, or if they begin collection proceedings, then you might be forced to file bankruptcy to stop them from getting a judgment against you. But that should be your last resort. Only use bankruptcy if there is no way you can repay your debts on your current income. Stick to your payment plans, and once you get on your feet you can increase your payments.

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What is Chapter 13 Bankruptcy?

by Alan Alder

The Bankruptcy Code provides for adjustment of debts for individuals with regular income in Chapter 13, and is known as a Chapter 13 bankruptcy. A debtor can keep property in a Chapter 13 bankruptcy while paying down debts over a period of 3 to 5 years.

Chapter 13 is similar to a reorganization and is often called a wage-earner’s plan. In Chapter 13 the filer creates a plan detailing the repayment of some or all of their debt.

Under this chapter, debtors propose a repayment plan to make installments to creditors over three to five years. If the debtor’s current monthly income is less than the applicable state median, the plan will be for three years unless the court approves a longer period “for cause.”

If the debtor’s current monthly income is greater than the applicable state median, the bankruptcy plan generally must be for five years. In no case may a Chapter 13 plan provide for payments over a period longer than five years. During this time the law forbids creditors from starting or continuing collection efforts.

There are many advantages a Chapter 13 has over a Chapter 7 liquidation bankruptcy. One big advantage is that a Chapter 13 allows individuals a chance to save and keep their homes when facing a foreclosure.

By filing under this chapter, individuals can stop foreclosure proceedings and may cure delinquent mortgage payments over time. Nevertheless, they must still make all mortgage payments that come due during the chapter 13 plan on time.

Another nice advantage of Chapter 13 over Chapter 7 is that individuals are allowed to reschedule secured payments (other than real property) and extend them for the life of the bankruptcy plan. This often lowers payments dramatically.

There is also a special provision in Chapter 13 bankruptcy which allows for protection of third parties who are liable with the debtor on consumer debts. This provision is often used to protect co-signers on loans made with the debtor. The Chapter 13 also acts like a consolidation loan where the individual makes plan payments to the Chapter 13 trustee who in turn distributes the payments to creditors. Individuals do not have to deal with creditors while in Chapter 13.

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File Chapter 7 Bankruptcy and Keep Your Home

by Alan Alder

A Chapter 7 bankruptcy is also known as a liquidation bankruptcy. This means that any property that a Chapter 7 filer has that is not exempt may be liquidated or confiscated and sold to pay off debts.

One of the main points to consider in deciding whether to file a Chapter 7 bankruptcy is what property you can keep and what property you may have to give up.

Tennessee exemption laws allow a single person to keep up to $5,000 of their home’s value. While married couples can exempt up to $7,500.

Tennessee grants an exemption up to $12,500 for individuals over the age of 62. A $20,000 exemption applies to married couples where one spouse is over 62 and the other under 62. A larger $25,000 exemption applies to married couples where both spouses are over 62.

Tennessee law grants a $25,000 homestead exemption for an individual filing a Chapter 7 who has at least one dependent child. This exemption doubles to $50,000 when a married couple with at least one dependent child files a Chapter 7.

The amount of equity in your house is important to know when considering Chapter 7. If your exempted amount is more than your equity then there is no chance a Chapter 7 Trustee will seek to sell your house to pay creditors.

Filing Chapter 7 when your equity exceeds you allowed exemption may result in either yu having to pay the difference to your creditors or the Chapter 7 Trustee selling your house and paying creditors with the proceeds, minus your exempted amount.

The last point to consider is that you usually do not want to file a Chapter 7 if you are behind on your mortgage payments. When you are behind on your mortgage, a Chapter 13 might be a better option for someone wanting to keep their home.

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Can You Keep Your Home Filing a Chapter 7 Bankruptcy?

by Alan Alder

A Chapter 7 Bankruptcy is designed to give you a fresh start by discharging your debts. But some property that is not exempt may be sold in order to pay off creditors.

If you are considering a Chapter 7 bankruptcy then it is important to know what you can and cannot exempt.

Each state has different exemption rules. In Tennessee a single individual can exempt $5,000 of their homestead (house) while a married couple can exempt $7,500.

For those filers over the age of 62 Tennessee allows an individual a $12,500 homestead exemption. A spouse aged 62 or older who has a spouse under 62 is allowed a $20,000 exemption. A married couple both of whom are over the age of 62 receive a $25,000 exemption.

Tennessee law grants a $25,000 homestead exemption for an individual filing a Chapter 7 who has at least one dependent child. This exemption doubles to $50,000 when a married couple with at least one dependent child files a Chapter 7.

If you own a house and are considering filing Chapter 7 bankruptcy you will want to know how much equity you have in your house. If the amount of equity is less than the amount you can exempt, then you can keep your house after filing a Chapter 7 without paying any money and without risk of the Trustee auctioning your house to pay creditors.

In the case where your exemption is less than your equity then you have two choices; pay the difference to the Chapter7 Trustee, or allow the Chapter 7 Trustee to sell your house.

If you are behind on your house payment then Chapter 7 might not be the best option. A Chapter 13 repayment plan would ensure you retain possession of your home.

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A Simple Guide to Understanding the Impact of Personal Bankruptcy

by Chris Blanchet

For those who are considering personal bankruptcy, it is unlikely that all of the personal and professional consequences are known. However, the impact is quite serious and, often, harmful.

For many, personal bankruptcy is often a “last resort,” driven partly by harassing demands of credit and debt collection companies. Although bankruptcy might seem like a quick and easy fix to the harassing calls and sleepless nights, one must never rush into making such a decision. While filing for bankruptcy can momentarily end the consequences of your financial condition, almost all others who have gone bankrupt admit that it was one of the biggest mistakes they ever made.

Personal bankruptcy comes with serious consequences, both to your personal and financial life. Here are some of them:

Since bankruptcy is essentially a liquidation of assets, filing for bankruptcy puts your assets at risk. This includes properties, shares, personal valuables. These items can be sold by the trustee to settle outstanding debts.

Bankruptcy might not only put current assets at risk, but future assets as well. In the case of an inheritance, creditors may also have a claim against such funds in order to settle their debt.

Besides putting current and future assets at risk, the impact of personal bankruptcy includes a damaging credit report that will affect any intentions of becoming a company director or obtain any non-personal credit for the rest of your life.

Taken one step further, a bankrupt individual cannot have a direct or indirect management position in a company and cannot become a counselor, magistrate, MP, or an Estate Agent. While this might not seem like a big deal, bankrupt individuals cannot hold positions as school or college governors and also cannot work at security firms or in the civil services.

The impact of personal bankruptcy has even harsher realities, particularly after the bankruptcy order is published locally. This notice can potentially have an immediate and earth-shattering impact to the individual’s name and personal dealings. Unlike corporations that can take on different trade names, individuals are unable to do so, meaning they cannot hide behind a different name the order can potentially follow them forever.

Personal bankruptcy also affects the debtor’s reputation. The entire procedure of declaring bankruptcy is very stressful. At times, the financial affairs as well as the conduct of the debtor are examined in open courts thus proving to be a humiliating affair for the debtor.

Apart from all the above, bankruptcy also plays havoc with the present financial condition of the debtor. He would have to incur huge court and insolvency fee for the entire procedure.

If you are seriously considering bankruptcy as an option to clear your personal debt, review as much information as possible before meeting with a trustee. There is plenty of information available on the matter on the internet.

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