Bankruptcy is a choice many consider when faced with unmanageable multiple debts. But finance experts agree that declaring oneself bankrupt should be an indebted individual’s last resort to meet his dues. It may free a person’s mind from the pressure of paying his debts but it can also seriously damage the person’s morale and credit history for a long time. Aside from this, people who declared themselves bankrupt are often met with hostility by the people around them. But as an option to reduce financial burden, bankruptcy is still worth considering.
By filing for and declaring oneself bankrupt, a debtor’s relationship with his creditors is adjusted. Many of his debts are forgiven and he is also allowed to keep some properties labeled as exempt items. However, all of his valuable properties are sold off and the proceeds are distributed among his creditors. As a result, some of his debts can be paid in full or just partly. If most of his valuable properties (i.e. house, car) are named as collateral for any debt such as mortgage or a car loan, the proceeds from the selling of these items are used to pay these specific debts. Only the balance or excess is used to pay off the other debts. In a sense, bankruptcy fulfills two ojectives: it frees the debtor from paying his debts and ensures that all assets are distributed among the his creditors.
Bankruptcy happens in two ways: voluntary or involuntary. Declaring oneself bankrupt is categorized as voluntary whereas being forced into declaring bankruptcy by creditors is involuntary. Lawyers who specialize in finance cases advise debtors to cooperate in cases of involuntary declarations. There are also different types of being bankrupt. One is filing for a straight bankruptcy wherein all your properties are sold to pay off debts and the other is arranging for a repayment plan to avert foreclosure or repossession of properties. People whose debts are incurred by temporary setbacks (sickness, divorce) are usually considered for the partial type.
Although being bankrupt does lighten one’s financial burden, it also has drawbacks. First, the debtor loses all control over his properties and assets. Any business the debtor owns is closed and all its employees are dismissed. Second, his credit accounts are closed such as loans, credit cards, and bank accounts. Also, bankruptcy remains in a person’s credit history for 10 years which can seriously damage his credit reputation. Third, his bankrupt state is made public by advertisements in local papers. In addition, the bankrupt individual must inform every person he deals with about his bankrupt state unless after he is discharged. As a result, the bankrupt often faces hostility, or prejudices in terms of business or professional opportunities.
Finance experts generally recommend assessing financial situations before filing for bankruptcy. It is often the case that debtors declare bankruptcy without first exploring other options to settle their debts. However, if it is unavoidable, they advise debtors to seek professional help such as financial advisors or finance lawyers to help them understand the process and its effects. Debtors need to pay court application fees, but if they cannot afford it, there are non-profit legal aid organizations that are willing to help.
Credit card debt is one of the leading cause for needing to file for bankruptcy or take out mortgage loans on your home or other drastic measures. Studies indicate that credit card debt is slowly making a consumers financial situation bad or worse than ever before, and can also cause psychological depression and contribute to lower GPA’s and increased substance abuse among college students. Credit card debt can build up quickly, especially if you have more than one card and a habit of charging everything.
Interest
The interest is the money paid on a balance to a lender by the borrower, which is to be paid every month, if you roll over your balance from month to month. Interest doesn’t usually go down on its own, and when only minimum payments are made your balance can grow to un-manageable amounts. If you are late on a payment your interest rates can increase to 35 percent, making it very hard to pay off balances. With interest rates still on the rise, there’s no better time to take a good close look at your finances.
Payment
Debt, especially credit card debt can accumulate very fast and many people soon find themselves barely able to even make the minimum payments. Remember if you are late on only one payment, your rate could increase drastically. If you are not good at remembering payments, it’s wise to set up direct debits to pay your credit card bills. It’s always best to control your spending and try to pay more than the required minimum payment whenever possible.
The main problem with credit cards is that they make it very easy for you to spend money. The most important step take to reduce credit card debt is to not use your credit card for every little thing, use cash whenever possible. Studies show credit card debt is higher for males than female debtors, and even higher for joint accounts. The problem with carrying credit card debt is that the interest on the card will typically accrue much quicker when you only make minimum payments.
Credit card debt is one of the leading cause for needing to file for bankruptcy or take out mortgage loans on your home or other drastic measures. Studies indicate that credit card debt is slowly making a consumers financial situation bad or worse than ever before, and can also cause psychological depression and contribute to lower GPA’s and increased substance abuse among college students. Credit card debt can build up quickly, especially if you have more than one card and a habit of charging everything.
Interest
The interest is the money paid on a balance to a lender by the borrower, which is to be paid every month, if you roll over your balance from month to month. Interest doesn’t usually go down on its own, and when only minimum payments are made your balance can grow to un-manageable amounts. If you are late on a payment your interest rates can increase to 35 percent, making it very hard to pay off balances. With interest rates still on the rise, there’s no better time to take a good close look at your finances.
Payment
Debt, especially credit card debt can accumulate very fast and many people soon find themselves barely able to even make the minimum payments. Remember if you are late on only one payment, your rate could increase drastically. If you are not good at remembering payments, it’s wise to set up direct debits to pay your credit card bills. It’s always best to control your spending and try to pay more than the required minimum payment whenever possible.
The main problem with credit cards is that they make it very easy for you to spend money. The most important step take to reduce credit card debt is to not use your credit card for every little thing, use cash whenever possible. Studies show credit card debt is higher for males than female debtors, and even higher for joint accounts. The problem with carrying credit card debt is that the interest on the card will typically accrue much quicker when you only make minimum payments.
As applying for loans, credit cards and other forms of credit are easier to come by, so are the bankruptcy rates in the United States. In a ten year period, between 1994 and 2004, bankruptcy rates in the United States nearly doubled. The governments reaction was to take a closer look at reasons parties were filing for bankruptcy, new laws were instated to ensure that individuals and businesses had valid reasons for applying for bankruptcy.
One of the primary laws regarding bankruptcy that was passed in the United States in 2004 is the Bankruptcy Abuse Prevention and Consumer Protection Act. This law just went into effect in October 2005, but has already caused quite a stir in the financial and bankruptcy law arenas. Besides making it more difficult to qualify for Chapter 7 bankruptcy, or complete bankruptcy, the law imposes stricter rules and budgets on Chapter 13 debtors.
A major change the law makes throughout the United States is the need for debtors to have filed tax returns for four years in a row before qualifying for bankruptcy. As well, dischargeable debts, or those debts where personal liability is taken away by the court system, is more difficult to come by. The Act requires that debtors prove good reason for dischargeable debt and is even requiring more debtors to take responsibility with non-dischargeable debt budgets.
As far as the two major types of bankruptcy laws are concerned, Chapter 13 bankruptcy is that which allows the debtor to keep some assets upon proving only limited debt and a steady income. This bankruptcy is excellent for those debtors who have gotten themselves into major financial difficulty but still have means of paying for some assets. The court will set up a repayment schedule and budget that allows for full repayment of mortgages or cars within three to five years.
If repayment is simply not an option, the bankruptcy law requires that a debtor will file for Chapter 7 bankruptcy. This is often referred to as complete liquidation of assets, except for exempt items. Exempt items in a bankruptcy hearing are determined by the court and are usually items that are a necessity, such as a car or work related items. As well, the courts will distribute debts into two categories: non-dischargeable and dischargeable debt.
Non-dischargeable debts also fall into two categories: non-dischargeable due to wrongful conduct on the debtor and non-dischargeable due to public policy. Wrongful misconduct by the debtor could mean theft or laundering money while public policy could include child support payment or court related judgments.
Keep in mind that in either type of bankruptcy, an individual is almost always required to still pay for taxes, student loans, alimony, child support or court related fees. This is the place where many bankrupt parties are misled in the Chapter 7 bankruptcy, as it is often referred to as “a fresh start”. While the court can set up payment plans to help the debtor repay public policy debts, even Chapter 7 debtors will still be required to make payments.
Another major point regarding bankruptcy law is that a bankruptcy will stay on a credit report for approximately ten years. This will make it extremely difficult to become eligible for any type of credit, even a credit card, but especially for a car loan or a house mortgage. While some creditors will still offer limited credit to bankrupt individuals, the interest rates and finance charges are usually through the roof. This makes it even more difficult for debtors to get back on their feet.
Last but not least, keep in mind that bankruptcy law will require any co-signers to be responsible for debt payments. If mom or dad signed for a car loan when you were young and you still owe on that car, they are liable for payments. These friends or family members who were once doing you a favor may be brought into the bankruptcy law court proceedings, which can put a strain on friendships and family relations.
For specific bankruptcy law questions it is best to contact a bankruptcy attorney or legal aide in your county or state. Bankruptcy laws and proceedings may vary slightly from state to state, so be sure to make contacts in the state where you plan to file for bankruptcy.
Credit counseling or debt settlement? While naturally Franklin Debt Relief is inclined to argue on behalf of debt settlement over credit counseling, we also recognize that its impossible to declare which program is better because it depends on a number of variables that differ from individual to individual. The purpose of this article is break down which factors you should consider before choosing the appropriate option.
1.What can you afford? Credit counseling programs tend to be a lot more expensive than debt settlement programs. The reason is simple: credit counseling only produces results on the interest rates, whereas debt settlement is able to actually negotiate the amount you owe. Simply put, if you are in a true financial bind, then the clear choice for you should be debt settlement, and on a pure money saved basis, debt settlement will almost always be the answer. Although this is undoubtedly an important factor, it is not the only variable to consider before making a decision on which program is best for you.
2.What sort of credit impact can you tolerate? Some credit counselors out there will undoubtedly tout that their program doesnt affect your credit score negatively. This is a play on words. Sure, your score wont drop, but ask any lender what the impact is to your loan application. Let me save you some time—its devastating. That being said, debt settlement is no better for your credit, and lenders in general definitely do not like seeing debtors seeking outside help for their financial situation. On the flip side, they definitely do not like seeing the past due marks from enrolling in a settlement program. So lets consider this example: Four years ago, John decided to use credit counseling, and Mary decided to follow the debt settlement path. They both have the same income and expenses, and they both apply for a $200,000 mortgage. Who is more likely to get it—John, who is 1 year away from completing his credit counseling program, or Mary, who finished her debt settlement program 1 year and half ago and has since been rebuilding her credit? While this may vary from lender to lender, in general Mary would be considered the better loan applicant. What if John paid a lot per month and they both finished their respective programs in the same amount of time? By itself, the credit counseling program would be better for your credit, but when you factor in the fact that Mary would probably have more savings to contribute to a down payment, shed still probably be considered the better loan applicant. Do I think this is fair? Not at all. Its ridiculous that lenders are so harsh on clients of credit counseling programs. Unfortunately, the system is flawed, but until there are adjustments made to correct it, debt settlement clients will be in a more favorable position to obtain new credit upon completion of their program.
3.Who do you owe? So you can save more money in debt settlement, but not always. If you owe a more aggressive creditor like Citibank, then its possible that credit counseling or bankruptcy may be a better option for you. The reason: Citibank not only tends to settle for more on average, but they are also more likely to pursue legal action to collect a debt. Although under most circumstances debt settlement is still successful with these creditors, it is a much riskier undertaking when youre dealing with Citibank. If you cannot afford credit counseling and your debt is exclusively with Citibank, then unfortunately youre probably better off filing bankruptcy.
4. What is your personality type? Ive read just about every article online regarding credit counseling versus debt settlement, and Im amazed by how most finance authors eliminate the human element from this discussion. The bottom line: debt settlement is not for the faint-hearted. There is no guarantee that everything will work out completely as planned. Some settlements may be higher than estimated. Some settlements may be lower than estimated. You will inevitably get some creditor calls. This is the nature of the program, and you must be willing to accept some level of uncertainty before enrolling.
I organized the following 4 questions in this order on purpose. After all, if you cant afford credit counseling, then its pretty much out of the picture as an option for you anyway. I dont mean to sound overly cynical, but we live in a material world and issues like having an anxious personality must be sacrificed when you dont have the money necessary to freely exercise this aspect of your character. On the flip side, if you have 100% Citibank debt, it would be foolish for you to choose debt settlement over credit counseling or bankruptcy just because you fancy yourself a risk-taker.
There are countless other variables that influence whether debt settlement or credit counseling is appropriate for you (i.e. what state you live in, your income source, etc.). Your best bet is to discuss your individual situation with someone knowledgeable in these arenas.