In this tough economy, so many people are struggling to pay all their bills, and there is a lot of fear about losing homes among those who have lost employment or had hours cut back.
Nearly everywhere you look, there are advertisements that offer options for "eliminating your debt." It's critical to separate the myths from the realities of debt relief and bankruptcy. The choices you make now can continue to affect your life for many years.
Bankruptcy laws vary from state to state. Some laws may be similar between states; however, if you are thinking about undergoing any sort of bankruptcy, consulting with a local attorney is important. Specifically, the experts in this field are bankruptcy attorneys. These professionals are best equipped to educate you about local laws and regulations as well as assist you in figuring out the best course of action 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.
It is important to note that bankruptcy may not eliminate all of your debts. You may meet the current means test for making debt repayments through Chapter 13, a wage earners plan. Alternately, a Chapter 7 filing may be more appropriate. Your attorney will be able to determine which is the best one for your situation. Both Chapter 7 and Chapter 13 have certain debts that are not eliminated. These include child support, criminal restitution, and tax liens.
Another area that is rife with fiction is that you will lose your house. Both Chapter 7 and Chapter 13 forms of bankruptcy often allow you to keep your current home. In fact, a Chapter 13 filing, in some instances, is initiated specifically to help homeowners prevent foreclosure. This is an area where you want an experienced bankruptcy lawyer handling your Chapter 7 and Chapter 13 filings and advising on your case in order to protect your assets to the full extent of the law.
If debt was incurred in a state other than the one you live in, or you are contemplating a move to another area, it is important to consult with an attorney in the state in which your debts were incurred before switching jurisdictions. Most states require you to have been a resident of that state for two years prior to filing bankruptcy.
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.
If you do find yourself in a situation where either restructuring or debt relief of some kind is absolutely necessitated, it is strongly recommended that you work with an experienced attorney who can help you understand your options. Your credit score can be improved over time.
Nearly everywhere you look, there are advertisements that offer options for "eliminating your debt." It's critical to separate the myths from the realities of debt relief and bankruptcy. The choices you make now can continue to affect your life for many years.
Bankruptcy laws vary from state to state. Some laws may be similar between states; however, if you are thinking about undergoing any sort of bankruptcy, consulting with a local attorney is important. Specifically, the experts in this field are bankruptcy attorneys. These professionals are best equipped to educate you about local laws and regulations as well as assist you in figuring out the best course of action 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.
It is important to note that bankruptcy may not eliminate all of your debts. You may meet the current means test for making debt repayments through Chapter 13, a wage earners plan. Alternately, a Chapter 7 filing may be more appropriate. Your attorney will be able to determine which is the best one for your situation. Both Chapter 7 and Chapter 13 have certain debts that are not eliminated. These include child support, criminal restitution, and tax liens.
Another area that is rife with fiction is that you will lose your house. Both Chapter 7 and Chapter 13 forms of bankruptcy often allow you to keep your current home. In fact, a Chapter 13 filing, in some instances, is initiated specifically to help homeowners prevent foreclosure. This is an area where you want an experienced bankruptcy lawyer handling your Chapter 7 and Chapter 13 filings and advising on your case in order to protect your assets to the full extent of the law.
If debt was incurred in a state other than the one you live in, or you are contemplating a move to another area, it is important to consult with an attorney in the state in which your debts were incurred before switching jurisdictions. Most states require you to have been a resident of that state for two years prior to filing bankruptcy.
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.
If you do find yourself in a situation where either restructuring or debt relief of some kind is absolutely necessitated, it is strongly recommended that you work with an experienced attorney who can help you understand your options. Your credit score can be improved over time.
About the Author:
Need debt relief in the Detroit, Michigan area? Contact A Better Way Bankruptcy. Helpful, compassionate attorneys and professionals can help you with debt relief, stop those calls from creditors and get you moving towards a fresh start. Powered by SEO 2.0 Services
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