Posts Tagged ‘bankruptcy’

Chapter 7 Bankruptcy: Alternatives Exist

Sunday, January 31st, 2010

Chapter 7 Bankruptcy: What is it? How does it work? How much does it cost? These and other questions are being asked by more and more consumers as they continue to be dragged down and bogged down by the weak economy. “Technically”, the great recession has ended. This is according to the results of a poll taken of “top” economists and financial analysts.

But has the recession really ended? It may feel like the recession has ended to the Wall Street firms that have received billions in so-called “bailout” funds from the government (more like “handout” funds), but for consumers on Main Street – no real upswing has been felt. And therefore consumers have the mistaken belief or hunch that bankruptcy can free them from the bondage of credit card debt.

But can bankruptcy really eliminate debt? Or are there superior bankruptcy alternatives today?

The problem with bankruptcy is that it causes more collateral damage than Arnold Schwarzenegger going toe-to-toe with the bad guys in a crystal and wine goblet shop. It can get ugly. Bankruptcy virtually destroys one’s credit record. The bankruptcy filing will stay on the public record for up to 10 full years in many states. During this time it will be nearly impossible to obtain any kind of credit, even for a pack of gum.

The person who files bankruptcy can expect to be required to pay hefty deposits for future home utilities ordered – gas, electric, water, cable, phone, internet, etc. And they could also expect to be passed over for a job, as more and more employers are performing credit checks these days as part of their routine job applicant screening process.

Rather than looking for ways to file for bankruptcy, people should rather be looking for ways to avoid bankruptcy. In this way, the consumer can achieve true debt relief without all the harmful repercussions of a bankruptcy filing.

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Finance: Bankruptcy 101

Wednesday, January 27th, 2010

Filing for bankruptcy is a right guaranteed by the U.S. Constitution to help individuals who cannot afford to pay their debt. In order to qualify for bankruptcy filing as an individual, you must fit all of the following requirements:

1. You must have accumulated at least $1,000 in debt

2. You must be unable to meet regular payments as they are due

3. You must have stopped making regular payments as they are due

4. Your non exempt assets, if liquidated, must not provide a sufficient amount of funds to pay off your existing debt.

But just because you qualify for bankruptcy doesn’t mean that it is the best option for everyone. Filing for bankruptcy has many negative, long-term effects that everyone should know about before they seriously consider it as a solution to their debt problems.

The downsides of bankruptcy

Bankruptcy is widely considered to be the last resort option for debt settlement. While bankruptcy can provide immediate relief from large amounts of debt, it also has several negative, long-lasting effects. Filing bankruptcy can stay on your credit report for up to 10 years, making it difficult to apply and obtain credit, or to find employment and a place to live.

Filing for bankruptcy is public information, meaning the fact that you have filed bankruptcy cannot be kept private. In some places, such as upstate New York, the names of bankruptcy filers are even printed weekly in the newspaper.

Bankruptcy can also be an expensive process. Among the fees associated with bankruptcy are the costs of required credit counseling and debtor education certificates, bankruptcy filing fees, and any legal fees charged by your attorney.

What can you keep?

When filing for bankruptcy, you may be required to turn some of your property over to a trustee. This trustee will then liquidate your non exemptible assets in order to raise money to pay off your debt. You are probably wondering what qualifies as non exemptible.

The following possessions are considered ineligible for liquidation and may be kept by an individual filing for bankruptcy:

1. Necessary clothing of the debtor and dependents (up to $4,000 in value)

2. Household furnishings and effects up to ($4,000 in value)

3. One motor vehicle (up to $5,000 in value)

4. Medical and dental aids required by the debtor and his or her dependents;

5. The books of a professional, required in his or her profession

6. Tools of the trade (up to $10,000 in value) and used by the debtor to earn income;

7. Equity in the principal residence of the debtor (up to $40,000)

According to Chapter 12 bankruptcy laws, debtors who are fishermen or farmers by trade are eligible for additional exemptions. All of the values of exemptible items are based upon what price they can currently be sold for – not the cost of their replacement.

However, when faced with mounting credit card debt and the inability to make ends meet, one should not only consider bankruptcy but bankruptcy alternatives. These alternatives include such programs as debt settlement, debt consolidation & debt consolidation loans, and even consumer credit counseling. The fact is that there are many debt relief programs in existence today to help consumers dealing with debt.

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Making Sense Of What Chapter 7 Bankruptcy Is:How Does One Apply?

Wednesday, December 23rd, 2009

The term “Chapter 7 bankruptcy” is a term that is thrown about a great deal in the media, but clear and concise explanations of the term are usually not offered. Because of this, there is some confusion as to what exactly chapter 7 bankruptcy essentially is and this sometimes leads to people desperately in need of knowing some How To File Chapter 7 Bankruptcy Facts before they get involved! Having to go through the proceedings necessary in bankruptcy is the last thing people want to do. Anyone who does will have to have debts that greatly exceed his or her net worth and, in addition, have no visible or viable means of paying back the debts, so they’ll really want to learn a How To File Bankruptcy Fact or two so as to make the process less stressful/painful.

There are a number of different forms of bankruptcy such as chapter 11 bankruptcy and the more common chapter 7 bankruptcy.

The Definition Of Chapter 7 Bankruptcy

According to the law and the United States court system, Chapter 7 bankruptcy refers to liquidation of assets that are not legally exempt from liquidation in order to pay off creditors and debtors.

Chapter 7 is an option open to individuals, businesses, partnerships and corporations. Chapter 7 bankruptcy is however different for individuals in that they have open to them a special extra clause in the bankruptcy filing framework. This extra clause for the individual is commonly known as a discharge. In essence what this discharge entails is the opportunity of freeing the individual from a host of certain debts.

The first things to do when getting involved in chapter seven bankruptcy: On a baseline level, those filing for Chapter 7 must provide: copies of tax returns; executed contracts and leases that have been expired; financial affairs statements; proof of assets and liabilities; and copies/schedules of current expenditures and income.

For the public there are a series of additional items that are necessary. These items include: copies of credit counseling reports and repayment plan programs, employer payments and statements of income, interest payments on student loans, etc.If you are in a situation where filing chapter 7 bankruptcy or any other bankruptcy type is a necessity, make sure you take a visit to the US courts website. However, remember filing for Chapter 7 protection by yourself is not advised, you should get professional help from a lawyer.