Bankruptcy Debt Relief - Facts and Fiction

By Stephen Daniels

With so many losing their jobs or having their hours cut back in this difficult economy, more and more people are having trouble paying their bills, and some are worried about losing their homes.

It seems that almost everywhere you turn, there are advertisements about "eliminating your debt." It's time to sort out the fact from fiction regarding debt relief and filing bankruptcy. The option you choose can impact your life for years to come.

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.

Many people think that filing bankruptcy eliminates all debts, but this is not necessarily the case. Your attorney can help you decide whether you can fulfill the current means test for making debt repayments through Chapter 13, a wage earners plan, or if a Chapter 7 filing fits your circumstances better. Both the Chapter 7 and Chapter 13 proceedings contain many exclusions where debt is not eliminated, including child support, criminal restitution, and tax liens.

Some people who are considering bankruptcy are concerned about losing their house if they file. However, both Chapter 7 and Chapter 13 often allow you to keep your current home. In fact, a Chapter 13 filing is sometimes initiated specifically to help homeowners stop foreclosure from happening. An experienced bankruptcy lawyer will be able to advise you and ensure that your assets, including your home, is protected to the full extent of the law when filing either of these proceedings.

For some debtors the question of filing in a state in which they don't reside comes up when they are contemplating a move, or where the debt might have been incurred out of state. Residency requirements before you are eligible to use a state's exemptions have now stretched out to two years so it is important to consult with an attorney in the state in which your debts were incurred before changing jurisdictions.

Regardless of the claims you hear on TV, radio, or on the internet, debt relief, whether settling your debts with creditors through negotiating down the balances, or filing for some form of bankruptcy, will impact your credit score. It is fiction that after filing a bankruptcy, your reduction in debt will improve your credit score. The credit bureaus maintain records of all your credit transactions, some for 7 years, some for as long as 10 years. Your credit score will drop, perhaps significantly, after a bankruptcy is filed, and most creditors will show negotiated credit payoffs as "PAID SETTLED" which will also lower your scores.

That having been said, your credit isn't permanently destroyed after debt relief. There will probably be opportunities to rebuild. Often, shortly after discharging your debts, you will receive offers for credit cards again. It will likely be difficult, if not impossible, to qualify for real estate and car loans. If you do qualify, your rates and terms will probably 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.

About the Author:

Considering bankruptcy in the Detroit, Michigan area? Call on A Better Way Bankruptcy. With nearly three decades of collective experience in bankruptcy law, their friendly, helpful and compassionate attorneys and professionals can help you get debt relief, stop creditors from calling and get you moving towards a fresh start. SEO 2.0 Services

Chapter 7 Bankruptcy Information: Learn About Your New Start

By Benjamin E. Hertz

From the beginning of America's recent recession through the present day, there has been a lot of talk about debt and bankruptcy. Since it is perhaps the clearest way for debtors to get a clean slate and get on with their lives, there is a lot of Chapter 7 bankruptcy information that is helpful to know. Anyone in serious financial trouble, however, should definitely consider seeing a lawyer that specializes in bankruptcy law. That being said, what does Chapter 7 bankruptcy mean for debtors and who can apply for it?

A Chapter 7 bankruptcy is one way of getting clear of insurmountable debts. With a Chapter 7 filing, all property not exempted under federal or state law is subject to liquidation. Those assets are sold to reimburse creditors, and then the remainder of the debts is erased. Under Chapter 7, debtors do not have to repay their creditors under a repayment plan beyond what occurs in the liquidation phase.

There are only two initial requirements to file a Chapter 7 claim. The first is that the debtor, whether it is an individual or a business entity, meet with a credit counselor up to 180 days before the claim is filed. The debtors record must also be clear of malfeasance with the bankruptcy court system for 180 days or more, otherwise they may be disqualified. Not taken into consideration are the amounts owed by the debtor(s), nor their financial solvency. In other words, Chapter 7 does not require that someone be destitute to qualify for a clean debt slate.

However, there are checks to make sure that people aren't simply abusing the system to get out of paying their debts. The courts have what is called a means test to determine whether or not someone is filing a so-called abusive petition.

The first part of the test depends on how much an individual has earned monthly over the past five years in comparison to the median income of the state they've resided in during that period. Unsecured debt, or debt that isn't secured by some form of collateral, is key to understanding the second part. Usually, credit card debt is unsecured debt. Your expenses cannot go beyond twenty five percent of their unsecured debt, otherwise the court perceives that the debtor is filing an abusive claim. At that point, the debtor will either have his case dismissed or have to file for Chapter 13.

Filing a Chapter 13 bankruptcy has very different consequences. Under Chapter 13, the government helps set up a payment plan through which the debtor pays his creditor over the course of five years the maximum he or she is capable of, while still allowing for federally determined living expenses like rent, food, etc. The amount that cannot be paid after that period is erased.

However, Chapter 7 is not right for everyone considering filing for bankruptcy. If a debtor wants to keep their collateral or the object of their debt, whether it be their house, car, or business, the safest way to do so is to pursue routes without liquidation. One alternative besides Chapter 13 bankruptcy settling with creditors without the court system.

Armed with Chapter 7 Bankruptcy information, it's clear that your finances are going to be subject to intense scrutiny by the bankruptcy process. This is so that Chapter 7 can do exactly what it is meant to do: provide a means by which honest debtors can get their lives back on track.

About the Author:

Anyone in serious financial trouble must certainly consider seeing a lawyer that specializes in bankruptcy law. That being said, what does Chapter 7 Bankruptcy Information and Chapter 13 Bankruptcy Rules mean for debtors and who can apply for it?

Understand the Impact of Personal Bankruptcy

By Chris Blanchet

While many do not know this prior to making their decision to file for bankruptcy, a discharged bankruptcy comes with serious consequences in both your personal and professional life.

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.

Like everything else in life, personal bankruptcy comes with consequences. Here are some of the most popular consequences that you can expect in your personal and financial life:

One of the biggest risks that bankruptcy poses to the debtor is that assets are often sold by the trustee to settle debts. Assets are anything of value, including property, investments, and other items of value.

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.

Perhaps the worst impact of personal bankruptcy comes after the bankruptcy order is advertised locally. This damages the reputation of an individual's name and personal business dealings. Unlike companies, individual debtors cannot trade under a different name. So for the debtor who has declared bankruptcy in the past, all of this information is available in the public domain.

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.

Lastly, a personal bankruptcy will affect your reputation. Since the bankruptcy proceedings are very public with your financial affairs being examined in open courts, the experience will not only increase your stress levels, but can be particularly humiliating.

In addition to the items discussed here, bankruptcy also impacts your financial condition given that there are court costs and other fees. You need to have at least some money in order to go bankrupt.

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.

About the Author:

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.

How To Keep The House After Bankruptcy?

By Emma Elvie

When it comes to filing bankruptcy most people do not really understand it; they do not know everything that pertains to it all they know that it is a way to get a fresh start and get rid of all that debt. We wrote this article to provide you with some bankruptcy advice and how to keep your house after bankruptcy advice that you want to be aware of.

Before you even think that we are bankruptcy attorneys or professionals; we wanted to let you know that we are just sharing our personal financial experience with you. We have learned "how to keep the house after bankruptcy" and wanted to share that with you.

If you are experiencing financial troubles then I know how much emotional and physical pain you are going through right now. Nothing is worse than not being able to make your monthly payments because you do not make enough money.

Whenever anyone is facing financial difficulties they tend to believe that bankruptcy is their only option to getting rid of their debt. In fact we have all heard of the stories of getting that much needed fresh start we tend to forget about all the negative things about bankruptcy. In fact this is the very reason that you should sit down with an attorney to find out what your options are.

Well if you are wondering "how to keep the house after filing bankruptcy" the truth is that it is easy. When you file for bankruptcy you will have an option to keep your home or not. As long as the payments are current and you are not facing foreclosure then keeping your house will not be an issue.

You have the option of keeping almost anything that you want. It is something that you will want to discuss with your attorney to help you better understand the whole process.

Stop by and visit our site and learn more about "how to keep the house after bankruptcy." Besides you can easily find out more about different kinds of tips and advice that you can use to help you get rid of all that debt that is causing you to stress.

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how long after chapter 7 do I leave my home What You Need To Know! Getting Vehicle Back After Filing Bankruptcy

Do You Know About A Bankruptcy Chapter 7?

By Emma Elvie

What is bankruptcy Chapter 7? This question is most commonly asked by from people who are struggling with their finances are looking for ways to get out from underneath their debt. Chances are if you have come about this site; then you may be struggling with your finances are are looking for some options.

Most people when they choose bankruptcy as an option to get the relief they are looking for will usually file a chapter 7 bankruptcy. This type of bankruptcy will allow their unsecured debts to be liquidated so that they can get rid of all their debts.

Before you begin trying to file a bankruptcy chapter 7 there are some things that you should be aware of and that is the purpose of us writing this article. When you have a better understanding how this process works then you will have all the information that you need to make a wise decision.

1. Hurt Your Credit: If you are considering filing bankruptcy then you should know that it is always going to put a damper on your credit score. This is actually one of the main reasons that so many people will do everything that they can do to avoid this process.

This seems like the last avenue that people will take once they have looked at all their options and chances are you have looked at your options.

2. Hiring Employers: It is important that you know that some employers have been known to not hire people who file bankruptcy. Even though it is not supposed to be held against you for this purpose; the truth is that they have been known to do it anyway.

For more information about my personal bankruptcy story be sure to visit the site below and get all the information that you need to avoid filing bankrupt.

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Filing Bankruptcy What You Should Know! Filing Bankruptcy

Medical Debt and Personal Bankruptcy: Time for Reform

By Meg Brown

Whether you prefer your news on FOX or NPR, there is no denying that the air is thickening around the subject of health care reform in this country. Arguments favoring this tinker or that tamper satisfy some and enrage others. Regardless of what approach people favor, there is one unifying acknowledgement: It is that some meaningful reform must soon be in place before the current system bankrupts our nation.

In fact, many individual Americans have already been bankrupted through devastating encounters with our current health care system. This past summer, the respected American Journal of Medicine released new study findings that revealed some staggering statistics that reveal the role that medical expenses play in personal bankruptcy filings. Working to reduce the margin of error in their findings, the authors applied a stringency to the study that made it a first of its kind: a truly random sample of bankruptcy filers nationwide, followed up with detailed personal interviews of participants. Medical causes of bankruptcy were defined to include medical bills and loss of income due to health issues. In conclusion, they discovered that more than 60% of personal bankruptcy filings in 2007 had significant medically related expenses that pushed individuals and families over the financial edge to file for bankruptcy.

Dr. Steffie Woolhandler, one of the study's authors, voiced her conclusions in an interview with CNN saying, "Unless you're a Warren Buffett or Bill Gates, you 're one illness away from financial ruin in this country If an illness is long enough and expensive enough, private insurance offers very little protection against medical bankruptcy, and that's the major finding in our study." There are those who find Dr. Woolhandler's words a little radical. A spokesman for the Washington, D.C. based nonpartisan policy research foundation, The Center for Studying Health System Change, admitted some reservations about the findings but at the same time concluded that 1 in 5 American families are "unduly strained" by medical bills.

It is hard to fathom the aggressive rise in medical costs and their burden on families in the past 30 years. 1981 statistics indicate that only 8% of personal bankruptcy filings were in the aftermath of medical crisis. (These numbers were extracted from court records which did not indicate the origin of debt handled by collection agencies.) In 2001 findings, the number of medically related bankruptcies had jumped to 46%. In the short gap of 6 years, the American Journal of Medicine's findings for 2007 rose to nearly 62%. What the numbers will be after the effects of the current economic recession are tallied gives reason for pause.

The popularly held mental picture of the average personal bankruptcy filer as a shiftless individual is completely dispelled by the AJM study. In this nationwide random sample, the majority of debtors were middle aged, middle class and college educated. The majority, 75%, had medical insurance policies when their debt and health problems started. Their insurance had the industry's standard gaps of copayments, high deductibles and services that were not covered. Nationally, 50% of insurance companies rescind individuals' policies within one year of being diagnosed with a disabling condition and many are immediate cancellations.

If "what is good for the middle class is good for America" is a useful measure of social and economic policy in this country, it is plain to see that viable and visionary health care reform is a mandate. With premiums, deductibles, institutional and procedural costs running on an unchecked course, the system will shortly be unsustainable. This year, 2009, the U.S. is predicted to spend an unprecedented 17.6% of its GDP on health care. What is not taken into account on top of this mind-boggling statistic is the hidden economic and societal costs of medically related personal and small business bankruptcies.

Do a quick online search for this American Journal of Medicine study and review it in its entirety for yourself (www.amjmed.com, Vol. 122, Issue 8 pp. 741 to 746). As a citizen, you owe this brief time investment to both you and your country. Inform yourself and do not leave decision making of this kind solely and silently in the hands of your elected officials. It doesn't hurt to remember that your representatives have plump health insurance packages that the average Joe is barred from participating in.

About the Author:

Our author: Meg Brown is a writer who understands that financial health and mental well being are inseparable partners. She wants overwhelmed readers to explore finding help through credit negotiation or bankruptcy options offered by reputable firms such as this diligent bankruptcy attorney and advises her audience to visit The ABCs of Bankruptcy by a Charleston SC Bankruptcy Attorney.

Is Foreclosure Or Bankruptcy Worse For Your Credit?

By Janet Smiley

Have you been thinking about filing for bankruptcy? If so, it's probable that you've also been weighing the results of that bankruptcy filing on your financial life. One major issue that people are worried about is the possibility of foreclosure, and most important, which will be worse for them, bankruptcy or foreclosure. It's important to remember however that bankruptcy and foreclosure are very different, and hard to compare. Here are the important issues you'll want to think about.

To begin, a foreclosure stems from your mortgage loan, which is mostly like any typical type of secured loan, like a car loan. In the event that you are unable to pay, the lender will be protected because the debt is secured by your asset, therefore the lender will repossess, or foreclose, on your home to pay your debt. In the same way as another asset such as a car, a foreclosure will be a major black mark on your credit and bring down your score.

Bankruptcy is somewhat different, because it is an organized way to wipe the slate clean of nearly all of your debt, both secured and unsecured. Generally, you can either get rid of, or discharge, debt, or set up a court-approved repayment plan. When it comes to which is worse a bankruptcy or foreclosure for your credit score, the big credit scoring companies will never tell you exactly. However by the time you have gotten over your head in a big way enough to go to bankruptcy court, your credit is probably already pretty poor, so that a bankruptcy will not hurt your credit score too much more.

But there are some important issues to consider. If your lender has so far not foreclosed yet, and you decide to file bankruptcy, you could possibly still lose your home. The lender is permitted to ask for relief, which means the bankruptcy court can allow a sale of your house to pay your mortgage debt. This type of sale is most likely in a Chapter 7 bankruptcy, in which your debt is discharged, while if you file Chapter 13 bankruptcy you can set up a payment plan and possibly keep your home. Use of a Chapter 13 could thus help you avoid foreclosure.

As for your credit score, a bankruptcy may not lower your credit score number too much lower, however your bankruptcy filing stays on your credit report for ten years. So with a bankruptcy, in five years you might have a better credit score but lenders could still see your bankruptcy filing from five years ago, and turn you down on that basis. Foreclosure on the other hand is like any other repossession or single bad debt. It stays on your credit report for seven years, but once you restore some good credit after a few years you could once again qualify for credit. It's important to recognize then that your credit score is not the only thing to consider between bankruptcy and foreclosure.

Before you choose bankruptcy or foreclosure, you should find a competent bankruptcy attorney and a non-profit credit counseling agency to meet with. These agencies can help determine exactly how your income, expenses and debt will be impacted by either foreclosure or bankruptcy. Some people might want to keep their home at all costs, while others might consider it important to protect their credit score. Only by talking to a professional can you find the right choice for you.

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Are you trying to determine which is worse, bankruptcy or foreclosure? Find bankruptcy advice at Bankruptcy Help Online.