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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 without taking the drastic step of declaring a chapter
7 or chapter 13.
What
is bankruptcy?
It's a legal way for those burdened by too much debt
to wipe the 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 over. 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. 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. Apply using our FREE
QUOTE form and we can show you another alternative that makes
a lot more sense than bankruptcy.
What
is Chapter 7?
Chapter 7 bankruptcy or "straight bankruptcy" requires the debtor to liquidate all nonexempt 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 can not be discharged,
for example:
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Alimony
and child support
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Back
taxes and student loans
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Recently
made purchases for substantial amounts
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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.
What
is 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). 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.
What
are the Repercussions?
Keep in mind bankruptcy doesn't come without
a trade off. 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
consolidation specialist who understands your credit problems!
Click
Here to get started with your
FREE NO OBLIGATION QUOTE!
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