Bankruptcy
Implications:
Beware of
bankruptcy:
More and more these days, people at the first sign of financial
trouble consider bankruptcy as an end-all solution to their credit
problems. In some circles filing for relief is considered a basic
part of financial strategy, when worse comes to worse just file
and walk away. While bankruptcy may be appropriate for some, there
are other alternatives available that can help accomplish the same
goal of getting you out of debt without taking the drastic step
of declaring a chapter 7 or chapter 13. Use
our alternative to get out of the cycle of debt!
And just what
is bankruptcy? It's a legal way for those burdened by too much debt
to wipe slate clean or reorganize their payment schedule and start
over again. In the case of chapter 7 it's a way to legally "stiff"
your creditors and start anew. In the case of chapter 13 it's a
way to reaffirm your commitment to repay your debts, only this time
on new terms. These are the 2 most common forms of bankruptcy used
in dismissal or reaffirmation of consumer debt. However both will
result in a bad credit rating.
Each chapter
has it's own merits, but each comes with far reaching consequences
that can affect you for years to come. Bankruptcy may be a viable
alternative for some but before considering the drastic step of
filing there are other options available.
Chapter
7:
Chapter 7 bankruptcy or "straight bankruptcy" requires the debtor
to liquidate all non-exempt assets to pay off their creditors in
order of precedence. This form is generally used by those who lack
sufficient income to cover outstanding debts after taking care of
basic necessities. This is the most popular form because it allows
the debtor to wipe the slate clean and get a fresh start. There
are however, certain obligations that are not dischargeable, for
example:
- Alimony and
child support
- Back taxes
and student loans
- Recently
made purchases for substantial amounts
- Property
executed contracts involving titles or liens
Before considering
this drastic step you should take an inventory of the types of debt
owed. This form of bankruptcy should be considered an option of
last resort after all other avenues have been pursued. Keep in mind
bankruptcy either chapter 7 or chapter 13 doesn't come without some
long-term consequences.
Chapter
13:
Those who have too much disposable income to file chapter 7 or have
assets they want to protect may want to consider chapter 13. With
chapter 13, the debtor reaffirms their commitment to repay all or
a part of their debts. This code allows the debtor to restructure
their payments and set up a new payment schedule (usually 3-5 years)
that is more manageable. This form of bankruptcy is used when the
petitioner has property they want to keep like a mortgage that is
about to be foreclosed on and other nonexempt assets that would
be liquidated under chapter 7. Filing under this code will halt
all collection and foreclosure proceedings and allow the debtor
to catch up on their payments and reinstate their original agreement.
Your payments
will be made to a Trustee who will disburse them in a manner called
for in the court-approved plan. During this time the Trustee will
have control over your finances and any credit-related matters will
have to be cleared through him.
Repercussions:
Keep in mind bankruptcy doesn't come without some trade offs. For
example, filing puts the world on notice about your personal financial
affairs and puts a black mark or a bad credit rating on your record.
Since it's a civil court proceeding it becomes a matter of public
record. In some cases, (chapter 13) even your employer can be involved
because this chapter requires deductions from you paycheck.
Bankruptcy
also stays on your credit report for up to 10 years and can hinder
your ability to get a job, establish new credit, get insurance and
even a place to live. Furthermore, you will have to pay court, filing
and attorney fees up front. You will also lose control over your
finances since a Trustee will be appointed to oversee the completion
of your filing. This in addition to the fact that filing doesn't
necessarily get you out of all your obligations, bankruptcy is not
that end all solution that it's portrayed to be.
There is one
way to get the financial relief you seek that doesn't involve the
hassles of attorneys, court appearances, creditor meetings and judges.
Click on the link below and find out what thousands before you have
already discovered. Receive a free consultation from a debt consolidation
specialist who understands your credit problems!