Are You Thinking About Declaring Bankruptcy?

by Elma Evvie

Declaring bankruptcy is one of the most difficult decisions and should never be taken lightly. Once you have decided that this is the last resort you have; then you have to understand that it is possible to restablish your credit and get back on your feet.

We personally know how difficult it can be to struggle every month with your finances. No one wants to have to deal with whether or not declaring bankruptcy will help them with their finances; however if you are in a position where you can barely make ends meet then you may want to consider it.

Even though bankruptcy is not always the right choice; it will help you get a “fresh start.” Before you begin jumping in and making your decision; there are some things that you should be aware of about declaring bankruptcy.

1. It Leaves Bad Marks On Your Credit: We all know that your credit score is the thing that everyone looks at. Creditors and employers all ask to look at your credit score.

Once you file bankruptcy then it is going to affect your credit for up to 7 years. However once you have decided that this is the best route for you; then you want to know that you can rebuild your credit after you have filed with work and persistence.

2. Money Management: You have to understand why you are in the position that you are currently facing; after all if you do not know how to change your finance habits; then chances are you will end up in the same place a couple months after you file.

Regardless of whether you file for bankruptcy it is important to find out how to manage your money. You can never fix anything if you do not know why you are in the situation you are in.

3. Your Children Need To Know The Value Of Money: Teach your kids the value of money so that they will not make the same financial mistakes that you are facing right now.

Declaring bankruptcy is a big decision; however it is not the end of the world. If you are struggling every month to try to stay current on your bills then I highly recommend that you seek financial counseling on your options.

If you are looking for more information about bankruptcy and whether or not you can get back on your feet after filing; then visit our site below. We share our personal experience and show you how to avoid being in this position ever again.

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Bankruptcy: Common Questions and Answers

by Gary Pearson

Bankruptcy is usually the very last option for people who are in debt up to their ears and can’t find any other way of getting out of debt. Most people are justifiably scared of filing for bankruptcy. There are a few things that should be kept in mind, and a few questions you should find answers for when you look at the implications of filing for bankruptcy. Some of the common fears are justified, while others are just myths.

The first fear people have is the question of credit. Can you get credit after you file for bankruptcy? The answer is yes, as long as you are willing to make some compromises. The credit limit might not be what you are used to, but you will still get credit. The main problem you will have to face here is that you will have to pay more interest than usual. However, the fact remains that there will be lenders who will offer you credit.

Another fear people have is mortgage and home ownership. You might wonder if you can find a lender to give you a loan or approve your mortgage if you file bankruptcy. The answer, again, is yes, you can, but you might need to show a good track record of eighteen months to two years to get this. Contrary to popular belief, lenders do not steer completely clear of people who have ever filed for bankruptcy.

Yet another fear people have is whether their pension savings will be affected. Fact is that most pension plans make sure that when your estate is liquidated to repay your debts, your pension savings are not touched. This means that your pension plans need not be affected at all. The exception, however, is if there are taxes owed that are attached to your pension plan – if so, they will not be exempted.

In any case, the best advice is always to seek professional counsel. A dedicated financial advisor can let you know all the facts about bankruptcy, as well as its implications. Only then can you make the right decision for you.

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Filing Bankruptcy Won’t Get Rid of All Your Debts

by Pamella Neely

Bankruptcy is an official, legal declaration of a debtor’s inability to pay off large amounts of debt. There are two kinds of bankruptcy available to debtors in the United States – Chapter 7 and Chapter 13 bankruptcy.

Chapter 7 bankruptcy is the most common kind of bankruptcy in the United States. The best benefit of Chapter 7 bankruptcy is that all dischargeable deaths are immediately wiped out — you don’t have to wait or pay off any remaining debts (at least the ones that are legally dischargable).

In Chapter 13 bankruptcy, the debtor will have a repayment plan so that they can pay off all their debts over a period of time. Some debts may be erased immediately, but this doesn’t always happen. One major advantage of Chapter 13 bankruptcy over Chapter 7 bankruptcy is that the debtor may be allowed to hold on to some assets which would have been otherwise liquidated under Chapter 7.

Don’t think chapter 13 bankruptcy is a complete easy street. However, here are a few examples of the kinds of debts which can only be cleared under Chapter 13 bankruptcy: – Debts from a divorce or settlement agreement – Court fees – Home Owners Association, condominium, or coop fees -Retirement plan loans – Non dischargeable tax debts – Debts from a previous bankruptcy.

Not all of your debts will be erased under either Chapter 13 or Chapter 7 bankruptcy. The following debts cannot be discharged under any kind of bankruptcy: – Alimony, child support, and other domestic support obligations – Student loans, except in extreme cases of “undue hardship” – Criminal penalties, and any debts you incurred as a result of committing fraud or other illegal or “malicious” acts.

Income tax debts can be discharged, but only under certain circumstances. The restrictions include, but are not limited to, that you filed a tax return for the year you owed the taxes, and the tax debt must be from a tax return filed at least two years before your bankruptcy filing.

Bankruptcy filings require that the debtor report all creditors and their addresses; debts which are not listed cannot be discharged. If the creditor has moved without providing a forwarding address, or the notice is lost in the mail or notice cannot be sent for any reason out of the debtor’s control, the debt will be wiped away as long as it is legally dischargeable. However, debts which cannot be assessed for reasons which are under the debtor’s control (e.g. the debt is not listed or the address given is incorrect) may not be discharged.

Filing bankruptcy doesn’t mean that your financial life is over. You may still have liens on your house, but at least now no one will be able to garnish your wages or access your bank account. Do expect to have difficulty getting loans. Cash is going to be your best friend for the next few years.

While filing for bankruptcy can relieve one of the burdens of debt, a debtor must do his or her due diligence to make sure that all dischargeable debts are, in fact, discharged and to know which debts cannot be discharged. Though a person sometimes must file for bankruptcy because of medical bills or other forces beyond their control, remember that you control what becomes of your life after bankruptcy.

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