Top Reasons Why You Need to Avoid Bankruptcy

Petitions for bankruptcy are still on the rise despite a slight sliver of economic recovery. That is because the job market is still reeling from the crisis and certain economic sectors are not yet recovering. If you are experiencing deep financial troubles and you can not keep up with your obligations, then you must not think that bankruptcy is your only solution. You have to avoid bankruptcy at all cost. First of all, bankruptcy fees are very expensive. Most importantly, bankruptcy has long term adverse effects on your financial position and credit reputation. Here are the top reasons why you have to avoid filing for bankruptcy petition.

Aside from expensive bankruptcy fees and convoluted procedures, bankruptcy will result to long term damage to your credit worthiness. You have to remember that your bankruptcy petition will stick to your financial record for many years to come. For example, a Chapter 7 bankruptcy will remain in your credit report for ten years. On the other hand, a Chapter 13 bankruptcy will be on your record for 7 years. Because your credit rating has been tarnished by your bankruptcy petition, you may find it more difficult to obtain mortgages, loans, and credit card companies will deny your application. If ever you get a loan, you will be considered high risk and will be given higher interest rates.

Another major reason why you have to avoid bankruptcy is the prospect of losing your assets and properties. This is particularly true if you are filing for Chapter 7 bankruptcy. Your properties will be liquidated by the courts in order to pay the creditors. So you will end up with nothing after you pay the expensive bankruptcy fees. Besides, snot all debts can be discharged by bankruptcy. You will still be compelled to pay your obligations like taxes, student loans, settlements on property, criminal fines, student loans and many others. So there is no truth to the claim that you will be debt free if you file for bankruptcy. Remember, you have to shell out money to pay bankruptcy fees, pay the lawyer, and spend for documentations. These are real expenses that you have to shoulder out of pocket but the worst thing is that you will still have debts to overcome.

It has become more and more difficult to file for bankruptcy nowadays. After the recent legislation on bankruptcy, the list of non dischargeable assets has been expanded. Furthermore, you will pass through a difficult proceeding and you may not be granted a Chapter 7 filing by the court. Your other retirement accounts may also be put in danger because these will be used to pay off your creditors. That is why you have to avoid bankruptcy at all cost because you will simply end up in a worse situation than before.

The best thing that you can do to avoid bankruptcy is to efficiently manage your finances. You have to overhaul your spending and increase your savings. You should also try other alternatives to bankruptcy such as debt management program, debt restructuring, renegotiation, and other equally effective alternatives.

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Some Of The Reasons For Filing A Personal Bankruptcy Case

An individual who is not in a position to pay off debts could choose to file a personal bankruptcy petition either under chapter 7 or 13. He must also present the court with a list of all the creditors, all the assets on his name and most important, recent financial statements. These statements will be used by the court to determine if the debtor is in a position to pay off the debts.

A meeting will then be held with the creditors, the debtor and a trustee. Under oath, the debtor will confirm a list of his assets. Once a debtor has chosen to file a personal bankruptcy petition, it will be important to know that it is not mandatory for the spouse to file with the debtor. This is if they are not part of the debt since creditors cannot pursue a debtor who does not have any connection with the debt.

In case the debt is in the name of both partners then both must file. When a debtor chooses to file a personal bankruptcy case, they worry so much that many people will know about their financial struggles but this is not reason enough for anyone to stop doing the right thing. The fact is that, though insolvency cases are normally public issues not many people will know about it.

It is only the involved parties i.e. the creditors, the trustee attorney and the court handling the case that get to know about your financial situation. Personal bankruptcy is not only for the irresponsible, there are situations out of control that make people file an insolvency petition.

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Most Common Reasons For Filing Bankruptcy

One of the most debilitating things someone can go through is filing for bankruptcy. No one thinks this possible could happen to them until reality sets in and bankruptcy is the last resort. This usually happens when someone is unable to keep up with their financial obligations such as car loans or credit card payments. Not only is it rough on the debtor (or the person who owes the money) but it is hard on the creditor as well (the person, business or municipality to which the money is owed).

While it is usually the debtor who files for bankruptcy, there are the rare occasions when the creditor might do so. This is called involuntary bankruptcy and generally occurs when the creditor is owed a very large sum of money. Creditors have little comfort when trying to collect debts, and therefore are somewhat relieved when someone files for bankruptcy because, no matter how long it might take, they will get their money back.

When someone files for Chapter 7 bankruptcy, their assets are combined and then doled out to the creditors. This form of “instant gratification” is most favored by creditors since they get their money up front. However, when the debtor files for Chapter 13, the creditors are receiving money on a fixed payment schedule. It may take longer to collect what is owed, but they will get the money. In these cases, bankruptcy creditors are almost like loan sharks; they are always trying to get their money. On the other hand, bankruptcy is frowned down upon by creditors because they are afraid they will never get paid.

The Chapter 7 bankruptcy process is the easiest of all such processes. It’s often referred to as straight bankruptcy. Chapter 7 is a total liquidation process. The debtor will turn over all non-exempt property to the trustee who then will convert it to cash for distribution to the creditors. The debtor will receive a discharge on all debts usually within 4 months. In the vast majority of these cases the debtor has no assets that he would lose so Chapter 7 will give that person a relatively new fresh start at life again.

The following reasons are the most common for filing bankruptcy:

Top Reasons That Drive People into Filing Bankruptcy

Filing for bankruptcy can be a hard decision for most people to make; however, the circumstances surrounding their situation make it impossible for them to see any other way out. There are many reasons that normal trustworthy people, much like you and me, decide that filing for bankruptcy is their only option. These reasons include:


1. Job loss/unemployment – Many people have great paying jobs and rightfully decide to buy their family a nice home, good cars, and send their children to upscale schools. And why not? They have the money to pay for it. Unfortunately, right when some people are in the prime of their financial life, they find themselves suddenly laid off with little more than a severance package if they are lucky. While they are looking for a new job, the large mortgage, large car payment, and the children’s monthly tuition is due. To top it off, many of these people will jump into new jobs that pay significantly less than their old one, just to get some of their bills paid. These people have now found themselves in an unforeseen situation that was beyond their control.


2. Medical bills – Sometimes the systems that are supposed to protect us, fail us. Other times, we are victims of unfortunate accidents that require extensive hospital stays and months of physical therapy. Even if we have a medical plan that pays 80% of those bills, we still have a large deductible and the other 20% to worry about. Sometimes these medical costs mount up to more than we have the ability to pay back, while still paying housing costs and buying groceries. This is another example of someone who has found themselves in an unforeseen situation that was beyond their control.


3. Divorce/separation – Not only is divorce costly, but you could also end up owing portions of your spouse’s debt even ones that you didn’t know about. If your spouse files for bankruptcy or is otherwise uncollectable, their creditors will not hesitate to try and get the money from you especially if the divorce is not yet final. Unemployed spouses may also find themselves taking on debt in order to get a car and a place to live after a sudden separation.


4. Predatory lending practices – Some lenders (usually labeled “subprime”) prey on those who cannot get loans from traditional lenders and offer them money that they can definitely use, but will likely have trouble paying back when coupled with the large interest rates and fees that these companies often charge.


These situations catch people off guard and throw them into a circumstance that they cannot handle. All of the sudden they are in over their heads, have creditors harassing them left and right, and need a way to get out of this mess. Bankruptcy can be a practical and respectable solution to help these people get back on their feet.

Fort Worth Bankruptcy Attorneys Allmand & Lee specialize in personal bankruptcy and offer bankruptcy services that help good people through one of the toughest times in their life. We have experienced bankruptcy attorneys who can help you work toward a better future. For more information please visit us at http://www.allmandandlee.com/

Top Ten Reasons For Filing Chapter 7 Bankruptcy

There are many good reasons for parties in trouble with their creditors. The following is a non-exhaustive list of 10 reasons Chapter 7 bankruptcy makes sense for debtors:

1. Eliminates liability for dischargeable debts incurred prior to the filing of a bankruptcy petition. Bankruptcy can eliminate credit cards, repossession deficiencies, mortgage deficiencies, rent deficiencies, utility bills, medical bills and attorney