Debt Relief Through Bankruptcy - Separating Fact from Fiction

By Stephen Daniels

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.

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

Chapter 7 Bankruptcy Information: What Is Chapter 7 And Who Can Apply For Chapter 7?

By Angela S. Carter

It's usually unclear to people exactly what options are open to them when they are considering Chapter 7 bankruptcy, which is why a little Chapter 7 bankruptcy information can go a long way. The economy has been very tough on a lot of Americans lately, and the recent changes to bankruptcy laws in 2005 has left many wondering exactly what Chapter 7 means. Chapter 7 is, if a filing is successful, the best way to get clear your debt. Please keep in mind though, that any decisions about the matter should be made in consultation with a bankruptcy lawyer.

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.

It doesn't matter how much a creditor is owed by a debtor or even whether the creditor can pay the debt back over an extended period of time. So long as the debtor has applied for counseling from an approved credit or financial service 180 days prior to their filing for Chapter 7 and hasn't been disrespectful of the courts proceedings in that same period, any corporation, individual, or partnership can apply for Chapter 7.

Of course, the court system isn't about to let someone clear their debts if they are clearly capable of paying them but refusing to do so. Thus, the federal government developed a 'means test' to figure out whether or not someone is trying to abuse the system with his or her petition.

The first part of the means test checks to see whether a debtor's monthly income is above the median for their state of residence. The second part involves a concept called unsecured debt, which means the type of debt that isn't secured by the creditor with debtors' assets. Mostly, this applies to credit card debt. If your expenses exceeds 25% of their unsecured debt, then the court presumes that the case is abusive and will probably dismiss it or convert it to a Chapter 13 bankruptcy filing.

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.

Chapter 7 is currently designed to resist abuses and dishonesty, so debtors should make sure that they're providing all the necessary personal information and are honestly qualified for that kind of debt relief. Chapter 7 bankruptcy information can help determine whether or not to pursue that solution to a financial crisis.

About the Author:

Watch the videos to find out how Bankruptcy Mortgage work and learn more details about Bankruptcy Information before filing. Anyone in serious financial trouble must definitely consider consulting a lawyer that specializes in bankruptcy law.

Understand the Impact of Personal Bankruptcy

By Chris Blanchet

For those who are considering personal bankruptcy, it is unlikely that all of the personal and professional consequences are known. However, the impact is quite serious and, often, harmful.

For a lot of people with a lot of debt, personal bankruptcy might seem like a popular option, particularly when debt and credit collectors are calling and making harassing remarks. While bankruptcy might promise to be an easy fix to the calls and sleepless nights, you should never hurry into bankruptcy. Although it can end the calls, it frequently proves to be the biggest mistake that prior bankrupt borrowers ever make.

The impact of personal bankruptcy can have serious effects on your current and future financial position. Let us see how:

Bankruptcy poses a great risk to your current assets. Once a person declares bankruptcy your entire current asset holding (including your property, shares and everything you own that has a value) is at a risk of being sold to the creditors.

While current assets are obviously at risk, a lot of people do not realize that future assets such as inheritance money can also be subject to claims by creditors.

In addition to the sale of assets, the impact of personal bankruptcy includes harmful records on your credit bureau. Bankruptcy will impact your intentions to act as a company director and obtain non-personal credit for the rest of your life.

Taken one step further, a bankrupt individual cannot have a direct or indirect management position in a company and cannot become a counselor, magistrate, MP, or an Estate Agent. While this might not seem like a big deal, bankrupt individuals cannot hold positions as school or college governors and also cannot work at security firms or in the civil services.

A bankrupt also cannot hold any direct or indirect position in the management of a company. He cannot take the seat of a Counselor, Magistrate, MP or an Estate Agent. He cannot serve as a school or a college governor. People who have declared bankruptcy also cannot seek employment in security firms and civil services.

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 considering bankruptcy as a debt clearance option, then try gaining some knowledge about other alternatives. For more information on the impact of personal bankruptcy and its alternatives refer to e-books and manuals available on the net.

About the Author:

Chris has a debt-free blog that aims to help people with Debt Trouble at How To Repay Debt.com. Grab a totally unique version of this article from the Uber Article Directory