February 25, 2010

Bankruptcy Issues: Get The Facts

Whenever anyone finds themselves in financial problems, the tendency is to cover it up and not to tell anyone. This can be detrimental to the family, of course, and merely ignoring the problem will not make it go away. If this does happen, getting debt relief may be the only answer. For those who decide to file bankruptcy, there are lawyers who will be able to lead the way through the legal maze.

Of course, going to great lengths to stay out of the court is probably the best way to deal with creditors. However, when all else fails, filing for Chapter 7 or Chapter 13 will give some respite and it is not always necessary to lose all that the family has built up.

Chapter 7 Bankruptcy is good for those people who have a lot of credit card debt or debtors who are harassing them. What the court does is to do a means test on the family. Any normal and not excessive expenses are taken into account and if there is a shortfall, the court will literally wipe out these creditors in one fell swoop.

If the family has some excess income over expenditure, then the court will file for Chapter 13. This means that the court will amalgamate all the money owed and work out a set payment plan. The good thing is that the debtor will now pay off the amount owed in a structured way and will no longer pay interest or be penalized for late payments etc.

Merely approaching the creditors to try to work out a payment scheme is not really workable since not all the creditors will want to go this route. However, putting it in court will mean that they do not have a choice.

This may seem like anyone owing money is getting off lightly. However, this is really not the case since they will only be able to avail themselves of this service once every eight years or so. Repeat offenders will also not be entertained so well with the court because the idea is that they start to learn how to live within the parameters of their budgets.

Once the court has become involved it will stop anyone from harassing the person owing money. No more threatening letters or bailiffs coming to the door. This gives some much needed respite for those who are unfortunate enough to find themselves in this position.

At one time, if anyone found them selves unable to pay what they owed, the court could have taken everything they owned to sell and try to wipe out the outstanding amount. However, in this day and age, where people find them selves suddenly in a big problem, something had to be done. This is why both Chapter 7 and 13 was brought into being.

Although people are being far more prudent when it comes to over reaching them selves, unfortunately mistakes do happen and this is when the professional will be able to come in and save the day.

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Bankruptcy and You

Starting from scratch, immediately after finishing filing for chapter 7 bankruptcy, you have at least two years before you’ll be ready to buy a home, but during that time you can work on building credit for a mortgage after bankruptcy so that you’ll be able to get the best deal possible.

The first thing you’ll want to do is start saving money! This is something you’ll need to be doing over the whole course, but is really something you should do as a practice always, anyhow.

About a month after filing you absolutely need to check your credit report over for errors. It’s very common for companies to fail to mark your accounts as “included in bankruptcy” and leave them marked as open, or overdue. This will really hurt you in the long run so it’s important to call them and get them to change it, you may need to keep calling to make sure this gets done. A lot of people let companies intimidate them and skip this part, but it really is vital to all of your plans building credit for a mortgage after bankruptcy.

Your history is made up of two types of payments, installment (loans) and revolving (credit cards). Right off the bat you won’t have much luck finding an unsecured card, and that’s fine. At your bank they typically offer secured cards. Basically, you deposit a few hundred dollars into a savings account, which will work as collateral on the card. After a year to eighteen months of on time payments you will have the option to move up to an unsecured card. This will help you build a good history of on time payments.

After doing this you’ll want to consider getting a small secured loan, also making sure to make all of your payments on time. I suggest doing this six months to a year after you’ve finished filing. Your interest rate will be very high, but this will pay off in much lower rates later, after you’ve improved your finances.

The most important part of this plan is making sure all of your payments are in on time, and just exercising your finances over the next few years, but doing it lightly and keeping it under control. As long as you keep this in mind building credit for a mortgage after bankruptcy should be fairly easy.

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Bankruptcy Questions Answered: The 411

Whenever anyone finds themselves in financial problems, the tendency is to cover it up and not to tell anyone. This can be detrimental to the family, of course, and merely ignoring the problem will not make it go away. If this does happen, getting debt relief may be the only answer. For those who decide to file bankruptcy, there are lawyers who will be able to lead the way through the legal maze.

Of course, going to great lengths to stay out of the court is probably the best way to deal with creditors. However, when all else fails, filing for Chapter 7 or Chapter 13 debt relief will give some respite and it is not always necessary to lose all that the family has built up.

Chapter 7 is good for those people who have a lot of credit card debt or debtors who are harassing them. What the court does is to do a means test on the family. Any normal and not excessive expenses are taken into account and if there is a shortfall, the court will literally wipe out these creditors in one fell swoop.

If the family has some excess income over expenditure, then the court will file for Chapter 13. This means that the court will amalgamate all the money owed and work out a set payment plan. The good thing is that the debtor will now pay off the amount owed in a structured way and will no longer pay interest or be penalized for late payments etc.

Merely approaching the creditors to try to work out a payment scheme is not really workable since not all the creditors will want to go this route. However, putting it in court will mean that they do not have a choice.

This may seem like anyone owing money is getting off lightly. However, this is really not the case since they will only be able to avail themselves of this service once every eight years or so. Repeat offenders will also not be entertained so well with the court because the idea is that they start to learn how to live within the parameters of their budgets.

Once the court has become involved it will stop anyone from harassing the person owing money. No more threatening letters or bailiffs coming to the door. This gives some much needed respite for those who are unfortunate enough to find themselves in this position.

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