Showing posts with label bankruptcy. Show all posts
Showing posts with label bankruptcy. Show all posts

Friday, January 17, 2014

Reasons Why You Need To Avoid Bankruptcy


Bankruptcy, although it is a legal and effective way to get out of debt, should always be your last option. It will leave your finances with so much credit damage that it is sometimes not worth it - especially when you have another option that can help with your credit situation.

There are many reasons why you need to avoid bankruptcy even if you have the debt relief qualifications to file a petition. Here are some of them.

  • It can ruin your credit score. First and probably the most important reasons to stay out of this debt solution is the fact that it can lower your credit score by an average of 200 points. It will be really bad for the next couple of months. While you can improve your credit ranking slowly but surely, the taint of bankruptcy will stay with you for the next 7 to 10 years. That can keep you from some important financial opportunities in the future.
  • It will be difficult to get credit approval. When you file for bankruptcy, lenders will stay away from you - at least for the next two years. If you need to get a personal loan to help with an emergency situation, you will find a hard time to find someone to lend you money. Bankruptcy tells them that you are not responsible with your money. Even if you filed because of a sickness or something that was beyond your control, financial irresponsibility will be the first thing they will associate with this credit record.
  • It will be in the public records. The thing about bankruptcy is it will be placed in the public records. Anyone can learn about this embarrassing financial situation in your life. This is one debt solution that will be very difficult to keep from the people around you.
  • It can cost you every asset that you have acquired. If you file for bankruptcy and you are qualified for Chapter 7, your assets will be liquidated. That means, they will be taken from you, sold and the proceeds with go to your creditors. While you will not pay them anything because what is not paid with your assets will be discharged, you will have nothing left to your name.
  • It can still make you go through a repayment plan. Another reason why you want to avoid bankruptcy is because if you end up with a Chapter 13 filing, you will still go through a repayment plan. You will be left with a ruined credit score, have a hard time getting financial aid and will have it displayed in public records, and still pay your creditors a portion of your debt.

If you want to avoid bankruptcy, you have the option to go for debt settlement - especially when you think that you will be qualified to file for Chapter 13. Settling your debt will result in debt reduction - at least, if you do it correctly. Find out about your options before you finalize your decision to declare yourself bankrupt. You might find it to be more fulfilling to get out of debt without ruining your credit too much.

Friday, December 20, 2013

Lessons From The Detroit Bankruptcy

A couple of weeks ago, the federal bankruptcy court approved the petition of the city of Detroit to declare themselves bankrupt. This means the city’s debts will be discharged - municipal bonds, pension debts, healthcare benefit debts, and other credit obligations to financial institutions. They are asked to submit a restructuring plan on March of 2014 that will indicate the city assets (e.g. art collections) that they can sell off. The profit will be distributed towards their creditors and whatever cannot be paid will be discharged.

The reason why Detroit had to file for Chapter 9 bankruptcy is because of their dwindling revenues from taxes. The local government had to rely on credit to pay for running their city and providing the benefits that they needed to satisfy. It was really a disaster waiting to happen and we can learn a lot from their mistakes.
Here are some of the lessons that we can get off of them.

  • Take action now. In our own personal finances, we always try to make light of many things to keep ourselves from feeling too depressed about our mistakes. While this is okay for motivation’s sake, it can sometimes be dangerous. If you can act on the problem now, then make the necessary sacrifices to avoid further destruction of your finances. Stop deluding yourself that your debts will go away if you ignore them. If you need to earn more, there are legitimate work at home jobs that can help you grow your money for debt payments. It is better to sacrifice your time now if it means you can save yourself from bankruptcy later on.
  • When all else fails, it is okay to opt for bankruptcy. In case things have gotten out of hand and you have no choice but to declare yourself bankrupt, then just dive into it. If you think that no second job or negotiation efforts will save you from your creditors, then just file for bankruptcy. Prolonging the situation after exhausting all the other options and still be in a financial rut will only make things worse. The interest, charges and other fees will only add up to grow your debt even more.
  • Let go of the disappointment. Bankruptcy, although it paints you as a financial failure, should be taken as a positive light. Do not wallow in self pity and just be as optimistic as the mayor of Detroit. He encouraged his city to just move forward and concentrate on fixing their city.

As Detroit is trying to get back up to rebuild their city, so you need to start looking at how they will do it to find motivation to get yourself back up as well. This whole event makes you realize that financial difficulties can target anyone. You need to stop deluding yourself into thinking that you are immune to it. Even if you are earning a lot right now, that is not an excuse to be reckless with your money. Be wise with your financial choices to keep yourself out of financial difficulties.

Friday, November 29, 2013

Two Debt Reduction Options When In A Financial Crisis

Even if you are in a financial crisis, that does not mean your debt obligations will cease. Regardless of your situation with your money, your debt responsibility remains the same. You still have to pay it off and the problem of making all your payments fit within your income is all yours.

However, that does not mean you cannot get any help. What you need is to reduce debt payments and there are two debt relief programs that can provide you with that. Definitely, creditors will be fighting you for this reduction but if you implement the right program, you have a chance to make it happen.

The first option that you have is the one that is most associated with debt reduction. We are talking about debt settlement. This program involves a negotiation process that will aim to convince your creditors that you are in a financial crisis. You will prove to them that you can no longer afford to pay what you originally owe. But instead of not paying a cent, you will acquire a lumpsum amount of money that you will offer to your creditors as a settlement fund. This amount can be something that you will save on the side or get from your savings. Some people get it from their retirement fund but that is not really advisable. You will offer to pay pennies for every dollar that you owe. The creditors will haggle with you of course, but make sure that you will not agree to an amount that is beyond what you can afford. When you get to an agreement, make sure that you get a signed document from the creditor that paying the agreed amount will forgive the rest of the debt that you owe. Basically, that means the amount that your settlement fund cannot cover will be marked as forgiven and the whole debt will be considered completely settled.

The other debt reduction option that you have is bankruptcy. There are two ways that you will qualify to file for bankruptcy: Chapter 7 or Chapter 13. You have to go through a means test to determine which Chapter you will file. This means test will basically compare your salary with the average median salary range in the State where you filed.

If you are lower than the average, you can qualify for Chapter 7. In this type of bankruptcy, the courts will get the eligible assets that you have and liquidate them. The money generated will go to your creditors to settle what you owe. Anything that is not covered will be considered discharged - and you will no longer owe anything on these credit accounts.

If your income is higher than the average, then you have to file a Chapter 13 petition. This is when the bankruptcy court will impose that you go through a repayment plan. This is something that you have to pay off in a couple of years. This usually helps pay off a portion of what you owe. Anything that is not covered here will be discharged by the courts.

Both debt settlement and bankruptcy may be appealing because of the debt reduction but you have to know that they can ruin your credit score. But if you really cannot afford your usual debt payments anymore, then you need to let go of your credit score and just deal with the debt problem the best way you can.

Friday, April 26, 2013

All About The Chapter 7 Bankruptcy Process

Consumer debtors have two options when filing for bankruptcy: Chapter 7 and Chapter 13. Anyone who files that they are bankrupt will have to undergo the means test. This test looks at the income of the filer and when they have an above median average salary (at least in the State where they files), they will be forced to submit to the Chapter 13 bankruptcy process. This involves a repayment plan that the court will decide on and mandate the consumer to follow.

But if the filer is found to be qualified for Chapter 7 after the means test, that could lead to all their debts being discharged. This means they do not have to pay cash towards any of the debts included in the bankruptcy filing. To better discuss Chapter 7, here is the usual process involved.

First is the professional consultation. This is very difficult to do on your own. A bankruptcy lawyer is required to help you understand all the legal details. There are various documents to be submitted and it can be quite confusing. Bankruptcy is not something that you can make a mistake and just apologize so just hire the lawyer to keep it from happening.

Your lawyer will require you to submit a lot of information and you need to comply. Do not withhold any details - even your properties and valuable assets will have to be declared. If you keep some assets and they are discovered, it will cause you some punishment from the bankruptcy court. Give them a list of your assets and the value of each. This can be placed in a Statement of Intention that will also indicate the assets that you want to keep.

You also have to give them your income details and also that of your employment. Lastly, you will be asked to list down your creditors and the amount you owe each of them.

Before the actual filing, you will be required to undergo a credit counseling program. You need to enrol with an agency or company that is approved by the courts or the US Trustee. This is needed within 6 months prior to the filing. It is the effort of the court to educate filers about other bankruptcy alternatives.

Once accomplished, the lawyer you hired will file the petition. All the creditors on your list will be notified anytime during the first 15 days after the filing. At the same time, a bankruptcy trustee will be assigned to analyze your finances. They will be in charged of scheduling any meetings with the creditors and court hearings. One of the meetings is known as the 314 meetings wherein the creditors have the chance to question or object the bankruptcy petition.

You also have to undergo Debtors Education that aims to give you the knowledge that will keep you from another bankruptcy situation. This is another requirement before the completion of the bankruptcy process.

If the creditors all have no complaints or objections, the court will decide the properties that will be liquidated, who will get the proceeds and so on. If there are no properties to discharge, then you will proceed to the discharging of the debt.

All of these take about 2 months to complete. Once that is accomplished, your next step is to start rebuilding your credit score - which should have gone through a significant negative impact since you filed for bankruptcy.

Thursday, February 7, 2013

Choosing a Debt Relief Option Based on Your Financial Situation

If you are in debt and you want to get out of it fast, there is a specific debt relief option that you take. It all depends on your financial capabilities. If you have to choose an option to help you get out of debt, you need to consult your finances first. It will tell you just how much you can afford to put aside for your debt payments.

While all financial situations are unique, we can classify them into three different categories. The first involves those with enough income for both basic expenses and debt payments. The second involves those who have enough for basic expenses but can barely meet the minimum payments. The last are those who have barely enough for the basic expenses and nothing for their debts.

Among the three, the first category is probably the one that you want to be in. Being in debt is not a problem as long as you have the means to pay for it. In this financial situation, you can opt for the snowball or avalanche method wherein you will pay for all the minimum of your credit card debts while choosing a few priorities. Your priority debts will be paid more than the minimum requirement.

If you want to consolidate your debts, you can opt for debt consolidation loans or debt management. Both will allow you to have lower monthly payments (at least, lower than what you average at the moment) by stretching your payment term.

But if you fall under category two, you are in more trouble than the first. Having enough to feed your family and take care of basic necessities is comfort enough but if debt collectors are bothering you, it is quite hard to ignore the stress of debt. However, there is a debt relief option that you can avail if you still want to pay your debts. This option is known as debt settlement.

This option involves a risk because you will be defaulting on your payments to prove to the creditor that you are in a financial crisis. As you wait for your creditor to take notice that you have stopped paying them, you will put aside money as your settlement fund. You or a debt negotiator that you will hire will talk to your creditor to get them to settle with you. The idea is to agree to a settlement amount that you will pay for and once you have completed that, the creditor will forgive the rest of your debt.

In the last scenario, having barely enough for basic necessities, let alone debt payments, will point you towards bankruptcy. This is the least liked by both debtor and creditor because of credit implications and debt discharge, respectively. But if you have no asset to liquidate, this is the best option for you.

Thursday, January 17, 2013

Alternatives to Bankruptcy

Bankruptcy is a scary option so as much as possible, you may want to look for alternatives that will steer you away from it.

Truth be told, there are financial situations that can only be solved by bankruptcy. It will, after all, provide you with a speedy release from your credit problems - at least if you qualify for a Chapter 7 bankruptcy. Filing for this is best for those who has little income or has most of it going to their basic necessity expenses.

However, even if you fit the perfect description of someone who can get a Chapter 7 bankruptcy, you need to approach it with great caution. If you want to escape the stigma that only bankruptcy can bring, then you may want to work a bit harder on your debt by opting for another debt relief program.

The obvious alternative is to grow your income or cut back on your expenses so you have more money to allot to debt payments. The idea is to grow your disposable income. This is probably harder because you will either work longer hours or deprive yourself of the things that you got used to. Getting out of debt really requires some form of sacrifice so it all boils down to how much you can really give up. Some couples end up having the husband working 2 jobs while the wife stays at home to take care of the kids and household chores alone. Some are lucky enough to stumble upon a passive income that provides them with a significant addition to their monthly cash flow.

If your efforts to increase your disposable income is not possible, then hope is not yet lost. You have options like debt settlement that will help reduce the outstanding balance on your credit account. This can be done through proper negotiation with your creditors and proving to them that you are in  a financial crisis. This option can damage your credit score because the whole process involves defaulting on your payments deliberately. However, that decrease will not be as significant as bankruptcy.

Check the reasons why you want to go through bankruptcy. If you just want to stop your creditors and collectors from harassing you, then you should read about the FDCPA or Fair Debt Collection Practices Act. It will educate you on how you should be treated and your rights as a debtor and consumer.

Apart from these alternatives, there are other debt relief options that you can utilize. Know what they are and find out the best program that can help relieve you of your credit problems. Go to National Debt Relief for more information.

Monday, January 14, 2013

The Origin of Credit Card Debt

Before you can truly be free of debt, you need to be able to identify what caused it in the first place. You will read a lot of debt help articles that always instruct debtors to deal with the root cause of their problems. If you cannot see what caused you to be so deep in debt, then the possibility of falling back into the pit is not unlikely to happen.

You have to understand that despite the external factors that affect your finances, there are things that you can do to minimize their damaging effects. One of them is being careful with the debts that you will acquire. More than analyzing your finances, you should know the type of credit that you can take without drowning into it.

Credit card debt is one credit obligation that you should try to avoid growing at all cost. It is very easy to fall into is and quite hard to get out of. The difficulty lies in the high interest rate, finance charges and the various charges that get you into trouble when you default on your payments. Compared to the other types of debt, this is one credit that you can avoid acquiring - at least until you have learned how to manage it properly.

One of the origins of credit card debt that makes it a huge problem lies in its very nature. It allows consumers to purchase something even if they cannot afford it. They base their spending on a future income that is in danger of being taken away. That is one of the things that the recession during the early 21st century should have taught you. Even if your job seems stable now, it can suddenly be taken from you. This is what got a lot of Americans into trouble. They lived from paycheck to paycheck and they ended up trusting their future income as they as they acquire one debt after the other.

Another origin of credit card debt is having no financial net (a.k.a. emergency fund) to save them during trying times. Given that the future is uncertain, you need to be prepared for any circumstance. If you are suddenly left unable to work, how will you and your family survive? If you or someone you love is in need of medical attention, how will you pay for it? A lot of Americans turned to their credit cards to pay for basic necessities like groceries and medicines. They had no choice because they didn’t have enough emergency fund to tide them over a recent job loss.

Ultimately, the origin of credit card debt is living beyond our means. While everything was in abundance, we spent money left and right. We chose not to save since we want to enjoy life so much by paying for things and services that we do not really need.

To avoid the common origins of this type of revolving debt, you need to control your spending habits and practice wise financial management.

If you are deep in debt, do not worry because there are debt relief options that you can look into. You have debt settlement, debt consolidation and even bankruptcy. Just make sure you analyze your finances to find the best program that will enable you to achieve a debt free life.

Monday, December 31, 2012

Difference Between Bankruptcy and Debt Settlement

If you are looking for a debt relief program that will provide the most reduction on your debt, your options include debt settlement and bankruptcy. Both of them are effective in their own right. The thing about any type of debt relief program is you have to know our financial capabilities first before you opt for any of them. Believe it or not, there is a program for your unique situation.

Assuming that you want most of your debt forgiven, let us analyze bankruptcy and debt settlement so you can determine which one is best for your specific debt condition.

Bankruptcy is something that you file in a bankruptcy court. When your expenses is bigger than your income and you have nothing to pay for your debts, then this is an option that you can take. It used to be just Chapter 7 - wherein your debts are discharged after qualified assets are liquidated. Now, Chapter 13 is what scares a lot of debtors because it involves a repayment plan that the court will impose and make sure that you comply.

These two options implies that you can’t just file for bankruptcy now. You need to be eligible for it. The means test will help the courts determine which chapter you fall into. If your income is not lower than the median salary of the state where you filed, you will automatically be considered for Chapter 13 bankruptcy. But if you are proven to have lower financial capabilities and a salary that is below the median range of the state, then you may be eligible for Chapter 7.

Chapter 13 is the reason why debt settlement became a better option for some people. It may involve a higher repayment plan but the credit score effects will not be as severe.

Both of them will have drastic effects on your credit score but bankruptcy will give the most damage. The minimum effect of bankruptcy is estimated at 200 to 250. So if your score started at 600, that can go down immediately to 350. In debt settlement, it can be as low as 50 points.

Debt settlement involves a process wherein the debtor will negotiate with the creditor for a lower payment plan. It is usually a lower amount than the outstanding balance. The idea is, when you have paid for the agreed settlement amount, the rest of your debt will be forgiven.

Ultimately, you will know the right option if you know how much you are capable of paying for. If you wish to pursue bankruptcy, make sure you are ready for the repayment plan that may be imposed on you based on the requirements of Chapter 13.

If not, know that debt settlement can effectively get you out of debt. Whether you decide to work with a professional or not, National Debt Relief can assist you with any questions that you may have about this type of debt relief. Know if debt settlement is the answer to your credit problems here: http://www.nationaldebtrelief.com/debtsettlement/.

Thursday, December 13, 2012

Why You Need to Avoid Bankruptcy

Realizing that you are deep in debt can be quite a wake up call. You feel like the floor suddenly disappeared below you. One of the words that you will probably think at this point is bankruptcy.

While you may think that you need to file for one, you need to analyze the situation further before finalizing your decision. This is maybe a legitimate way to get out of debt but you have to understand that there are better ways to find debt relief.

Here are the reasons why you should think twice before filing for bankruptcy.

The first is your credit score suffers immensely. Your current score will go down a minimum of 200 points. Among the other options, this is the debt relief that will harm your credit history the most. And it will be reflected there for the next 10 years.

Because of that record, you can expect that your chances of getting financial aid in the future is very slim. It is not impossible but it will be very difficult. When faced with a crisis, being unable to get the needed financial aid can add to the stress of the situation.

Another reason why bankruptcy should be avoided is because you will not really learn your lesson. When you are qualified for a Chapter 7 filing, you will end up being discharged of your unsecured debts and be declared debt free in a matter of months. Although your credit score will suffer, you will not feel the hardship of paying off your debts - thus never really owning up to your responsibility.

Bankruptcy is still a legitimate way to get rid of debt but you have to understand that there are cases wherein it is the only option possible. Usually, these are the severe cases of high debt to income ratios and the lack of a steady income to support any other debt payment plan. However, the encouragement to exhaust all efforts possible before opting for it is still there.

If you wish to find an alternative to bankruptcy, go to National Debt Relief. Learn about the various ways you can achieve debt freedom without the years of stress and money worries. Click on this link to find out more: http://www.nationaldebtrelief.com/debtrelief/.