Avoiding Bankruptcy

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How To Avoid Bankruptcy

Author: Jason

Generally speaking, in the United States today bankruptcy is considered a measure of last resort and virtually every other debt relief method out there – debt consolidation, debt settlement, and so on – is designed to help debtors avoid filing for bankruptcy. The old days when people could simply borrow extensively, default on everything and run to the bankruptcy courts for relief and debt discharge have been over since 2005, so virtually all efforts to reduce your debt or restructure it in order to make it more manageable are effectively ways of avoiding bankruptcy.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 mandated that all individuals considering filing for bankruptcy have to undergo credit counseling immediately – within 180 days – of filing their petition with the courts. This credit counseling has to be done through government approved credit counseling agencies which will carefully review your entire financial situation and determine whether or not bankruptcy is the right option for you to take. In fact, the bankruptcy court will not accept your petition unless you have a certificate issued by an approved credit counseling agency saying that you have undergone this counseling. The result is that you will have to have real experts review your situation and offer viable alternative to bankruptcy before you can even file a petition for Chapter 7 relief.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 also instituted a means test that determines whether or not you even qualify to file for bankruptcy. Prior to this, anyone could file for bankruptcy relief, and the court had the discretion to determine whether or not it was warranted, but the 2005 law did away with this. Now, if the court determines that your means are too high to qualify for bankruptcy protection you no longer qualify for this at all. The result is that bankruptcy is now sincerely a measure of last resort, and most people that qualify and get the approval of their credit counselors really have no other options available. 

Article Source: http://www.articlesbase.com/bankruptcy-articles/how-to-avoid-bankruptcy-1917201.html

About the Author

It is best to be proactive to address bankruptcy issues before they occur. Speaking to a bankruptcy lawyer can really make sense if you have debt issues. Learn how to get at Orange County Bankruptcy Assistance at http://www.consumerbankruptcyattorney.com

Avoid Bankruptcy

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How To Avoid Bankruptcy

Author: Jason

Generally speaking, in the United States today bankruptcy is considered a measure of last resort and virtually every other debt relief method out there – debt consolidation, debt settlement, and so on – is designed to help debtors avoid filing for bankruptcy. The old days when people could simply borrow extensively, default on everything and run to the bankruptcy courts for relief and debt discharge have been over since 2005, so virtually all efforts to reduce your debt or restructure it in order to make it more manageable are effectively ways of avoiding bankruptcy.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 mandated that all individuals considering filing for bankruptcy have to undergo credit counseling immediately – within 180 days – of filing their petition with the courts. This credit counseling has to be done through government approved credit counseling agencies which will carefully review your entire financial situation and determine whether or not bankruptcy is the right option for you to take. In fact, the bankruptcy court will not accept your petition unless you have a certificate issued by an approved credit counseling agency saying that you have undergone this counseling. The result is that you will have to have real experts review your situation and offer viable alternative to bankruptcy before you can even file a petition for Chapter 7 relief.

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 also instituted a means test that determines whether or not you even qualify to file for bankruptcy. Prior to this, anyone could file for bankruptcy relief, and the court had the discretion to determine whether or not it was warranted, but the 2005 law did away with this. Now, if the court determines that your means are too high to qualify for bankruptcy protection you no longer qualify for this at all. The result is that bankruptcy is now sincerely a measure of last resort, and most people that qualify and get the approval of their credit counselors really have no other options available. 

Article Source: http://www.articlesbase.com/bankruptcy-articles/how-to-avoid-bankruptcy-1917201.html

About the Author

It is best to be proactive to address bankruptcy issues before they occur. Speaking to a bankruptcy lawyer can really make sense if you have debt issues. Learn how to get at Orange County Bankruptcy Assistance at http://www.consumerbankruptcyattorney.com

Bankruptcy Options

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When Declaring Bankruptcy is a Good Option

Author: Jerry Work

Bankruptcy is a legal process intended to help individuals and companies who are unable to meet their debt obligations. Bankruptcy can help you get control of your financial situation and help you maintain possession of property to which creditors might have a legal claim. The process can have very negative effects on your ability to borrow money for quite a long time (up to ten years), but there are circumstances where bankruptcy might be the best option.

There are two types of bankruptcy for individuals: Chapter 7 and Chapter 13. The two types work quite differently. When filing for Chapter 7, most of your unsecured debt disappears within 90 days. However, much of your property, including your home, will be sold off, with the proceeds distributed to your creditors. Basically, anything you have that is worth much at all will be sold to pay creditors. In addition, a Chapter 7 bankruptcy stays on your credit report for ten years. So Chapter 7 bankruptcy is no laughing matter.

A Chapter 13 bankruptcy lets you keep your property. This form of bankruptcy is a debt repayment plan, rather than a debt eliminator. With Chapter 13, you generally set up a three or five year repayment plan, and the bankruptcy only stays on your credit report for seven years. If you own property that you do not wish to relinquish to creditors, Chapter 13 may be your best option. Chapter 13 is also a better option for those who are having temporary difficulties but anticipate better times ahead because it has somewhat less of a long-term impact on credit ratings.

If you do not own a lot of property or are comfortable with the idea of relinquishing your property, then Chapter 7 may be the best option. It creates the best financial circumstances, from a debt management perspective, because it erases your debt. You are no longer responsible for debt repayment. How much property you must give up depends on the laws of the state where you live. But forget about moving to a state with better consumer bankruptcy laws in order to get a better deal. If you've lived in a state for less than two years, then you must abide by the bankruptcy laws in the state where you formerly lived.

If your credit score is already ruined from multiple missed payments or from being in default with creditors, then declaring bankruptcy won't have much of a negative impact on your credit score. In fact, it might even help your credit score. This is because once your declare bankruptcy, your balances and records of unpaid debts are removed. All of those debts will be marked as being included in a bankruptcy. So even though having the bankruptcy on your credit report is very negative, it may be offset by the removal of multiple active bad debts.

Since you are basically starting from scratch, you have the opportunity to begin rebuilding your credit anew. A good way to begin that process would be by acquiring a secured credit card. After being careful to make all your payments on the secured card for a year or two, you will be in position to apply for an unsecured card and continue the process of rebuilding your credit. Eventually, after seven or ten years, the bankruptcy will slide off your credit report. If you have made timely creditor payments in the meantime, then your credit will be restored.

Article Source: http://www.articlesbase.com/credit-articles/when-declaring-bankruptcy-is-a-good-option-386936.html

About the Author

ClearOne Debt Relief is a full-service debt management company providing debt settlement services such as credit card debt relief to customers throughout the U.S.

Bankruptcy Debt

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Debt Consolidation Vs. Bankruptcy

Author: Jason

Although many people explore both these options when seeking solutions to their debt problems, the two are very different things. Further, since the passing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which established a means test that has to be taken into account before a bankruptcy court will accept a petition, most people that can afford debt consolidation are not qualified to file for Chapter 7 bankruptcy relief. In so many words, if debt consolidation is an option for you, then bankruptcy Chapter 7 bankruptcy probably is not, although this may not be the case with Chapter 13 bankruptcy.

Debt consolidation usually takes one of two forms: a hard money loan or balance transfers. A hard money loan is essentially a new loan that you take out that is enough to cover all of your existing debts that you then repay back to the lender through agreed upon terms. A debt consolidation loan can make life much easier, can lead to lower interest rates, and may include some debt settlement done by the lender. However, in order to qualify you have to be in pretty good financial shape and usually you have to substantial capital, like home equity as well. This option simply is not available to most in an extremely back financial situation.

Balance transfers, where you shift all your credit card balances over to yet another card for a temporary reduction in interest rates or lower monthly minimum payments has long been recognized as slippery slope that usually does not actually fix anything. Further, now that the era of “easy credit” is over, the chances are pretty good that if you are already drowning in debt you would not qualify for a new line of credit large enough to consolidate all of your existing credit card debt.

Chapter 7 bankruptcy, on the other hand, is a measure taken more or less as a last resort. In order to even file your petition for Chapter 7 you have to have already gone through credit counseling which should have explored all the other options available to you. If all else fails and Chapter 7 bankruptcy is the right path to take then chance are you would not have qualified for any sort of debt consolidation solution anyway.

Article Source: http://www.articlesbase.com/bankruptcy-articles/debt-consolidation-vs-bankruptcy-1917196.html

About the Author

Bankruptcy and debt consolidation can get very complicated. Speaking to a bankruptcy attorney can really make sense to explore your options. Learn more and get Long Beach Bankruptcy Help at http://www.consumerbankruptcyattorney.com.

Bankruptcy Alternatives

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Alternatives To Bankruptcy

Author: Natalia Kobseva

As anyone who has seriously examined Chapter 7 bankruptcy protection knows all too well, filing bankruptcy may be the absolute worst thing that borrowers can do to improve their financial position. For desperate folk suddenly realizing that there is little they can do on their own to achieve debt relief, bankruptcy might seem like an attractive possibility. After all, from our earliest memories, Americans are taught to respect bankruptcy as the (for whatever reason) dignified end to debt crises. Whether playing board games or watching cartoons, we're taught that bankruptcy is just what is supposed to happen once any borrower has debts that they can no longer responsibly manage. In our culture, bankruptcy is simply expected to be the final debt solutions to personal economic strife. Even as the nature of consumer debt changes from hospital bills and department store accounts to the burdens of credit cards too easily granted and too quickly filled to their limits, bankruptcy maintains a mythic allure as an all-inclusive cleanser for financial woes.

Much as the debt protection of bankruptcy may have seemed a godsend for the generations that came before, there are now any number of new bankruptcy alternatives available for those debtors who have faced financial misfortune. More to the point, once a consumer takes time to fully analyze the Chapter 7 bankruptcy program, they may very reasonably wonder whether or not bankruptcy would be the correct choice for any debtor regardless of their own situation. Successfully filed and discharged, bankruptcy protection could indeed offer consumers new beginnings. In the best scenario, the fortunate borrowers could even start their financial lives over from ground zero, but that is only after they have suffered a harrowing ordeal that risks the utter ruination of their credit rating as well as the potential loss and seizure of any even vaguely valuable possessions.

The relief that people may feel when entering the bankruptcy program is understandable, really. Given that most borrowers seriously considering bankruptcy have already had to deal with (the sometimes hourly) harassment from bill collection agencies and watch their mailbox fill to bursting with past due notices from credit card companies, it is not that surprising that the average consumer – struggling to pay their credit cards and other debts – would jump at the chance to have a specialist take over their affairs. The very idea that debtors would no longer be held responsible for their actions alone comes as a sort of salvation that impels otherwise cautious heads of household to essentially hand over the reins of their economic futures. Certainly, the bankruptcy lawyers charging more and more outrageous fees are not going to argue against what may as well be thought of as their own product. Despite the amount of time the lawyers may spend with their clients (they are paid by the hour, as you probably know), very few attorneys will spend even five minutes counseling borrowers about exactly what they are getting themselves into. Eliminating unsecured debts (credit cards, primarily, as these things tend to go) should be a priority, but wise debtors must recognize the limitations of bankruptcy protection under the current statutes. Above all else, they should know not to trust their attorneys for advice beyond their specialty.

To learn more about Federal Debt Relief Program and how to get started, please visit DebtRelief.bz

Article Source: http://www.articlesbase.com/advertising-articles/alternatives-to-bankruptcy-723421.html

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Noted Financial Author