Showing posts with label point of no return. Show all posts
Showing posts with label point of no return. Show all posts

Wednesday, October 15, 2008

Credit Counseling Or Bankruptcy: Which Is Best For You?

Both have their pros and cons, so which road to take depends largely on the individual and how severe his or her financial problems have grown. The options are credit counseling and debt management services, or bankruptcy. When you get to the place where you cannot pay your bills and have money left over for food and other necessities, there are some hard decisions that have to be faced. At the same time, salaries, especially in the lower ranges, have utterly failed to keep pace.

Inflation has impacted nearly every facet of daily life including food, gas, rent, clothes, utility bills and more. People often get to a place where they simply can?t pay their bills, especially in today?s economy which is not particularly sympathetic toward the poor or even the middle class.


Some guarantee confidentiality, and unfortunately, others do not. Some services are certified or accredited, and others are not. The services vary considerably, for example some charge fees and exist to make a profit, while others are strictly operated by volunteers and don?t charge fees for their services. There are numerous credit counseling/debt management services available, both in most local communities and over the Internet.

If your debt situation has not yet reached a point of no return, credit counseling and debt management may be the best option for you. This is the way it works:

? Check out a variety of counseling services, both in your community and on the Internet to determine which best suits your needs. Avoid those that charge high fees, do not guarantee your privacy and that don?t have any credentials or accreditations to offer.

? Make an appointment with the agency of your choice. When you go to the appointment, take as much of your paperwork and documentation with you as possible, i.e. proof of your expenses and income, along with verification of the debts you owe.

? The counselor will review your situation and develop a plan to help you pay off your bills. Legitimate counseling services can often persuade your creditors to take less than the total amount you owe and arrange for longer periods of time to pay the debt off.

? Instead of paying your bills directly, in most cases, you make one monthly payment to the counseling service, which then distributes that amount among your creditors according to the agreements they have worked out. The arrangement leaves you enough money to live and halts collection procedures. Over a period of time, all your bills are paid in full and you essentially have a new start, provided you don?t get yourself back into additional debt in the meantime.

On the other hand, if you have too much debt and your creditors are not inclined to work out payment arrangements with you, the best possibility may be declaring bankruptcy. There are numerous bankruptcy attorneys and, again, it behooves you to shop around to obtain the best possible services at the least possible price.

It is wisest to work with an attorney who does a lot of bankruptcy work because he or she will be most familiar with the rules and regulations as well as with the judges and bankruptcy trustees who work in the local system. A good attorney will know what the trustees and the courts will allow and what they won?t, and will be able to advise you as to your best options.

There are advantages and disadvantages, as well as eligibility requirements, for both types of bankruptcy and the bankruptcy attorney can best advise you which option will work better in your particular situation. The court simply works out a repayment plan and instead of paying the money to your debtors, you pay it to the bankruptcy trustee who then distributes it to the bankruptcy trustee who then distributes it to the creditors. In a Chapter 13, nothing has to be given up, but the debts have to be paid in full.

The debtor generally has to give up anything of value that can be sold to pay his or her debts, although in most cases a person?s home and their primary transportation are exempted. Chapter 7 is a complete discharge of all nonsecured debts, and some secured ones, generally including everything except taxes and school loans. Those are Chapter 7 and Chapter 13. There are two kinds of bankruptcies available to individual debtors.


The most important thing is, once you are out of debt, carefully manage your money so you don?t land back in the same situation again. The bottom line is, you don?t have to continue suffering; there are ways to get out of the debt situation and begin again. Both can stop collections procedures and eliminate annoying and harassing phone calls from collectors. Whether you choose credit counseling or bankruptcy, either one can help you eliminate debt and get back on your financial feet.


Sunday, September 7, 2008

Debt And The Risk Of Bankruptcy

There may be other alternatives to going bankrupt which can also help people in serious debt to make a fresh start. If your debt situation has not yet reached a point of no return, credit counseling and debt management may be the best option for you.

If it has even been in the back of your mind, you should take the steps to avoid bankruptcy. You will have to avoid missing records and bad checks to keep from adding to the bill. Knowing some important aspects of bankruptcy can help make your debt burden much easier to manage and can help you avoid hassles in the near future. How can you avoid bankruptcy.

Hopefully, the new law will come into effect by mid-March. Although it was a little bit frightening at first, the new bankruptcy law was not that much of a hassle. The new law requires clients wishing to file for bankruptcy to undergo a six-month credit counseling. Texas bankruptcy law for example protects you, as a consumer, from falling into financial turmoil and is put in a situation where you can be abused by creditors.

Creditors

The moment your petition is filed an automatic stay is in place that means your creditors listed in the petition must stop their collection procedures during your bankruptcy proceeding. The United States Bankruptcy Code provides the debtor an opportunity to pay back their creditors over a period of time of up to five years. The creditors are required by law to follow strictly the terms of the repayment plan.

However, as long as you have the funds, you will still be required to pay all your creditors based on a schedule determined by the bankruptcy court.

Loans

An auto loan after bankruptcy does not mean you have to have a co-signer or collateral. One option is to get an auto loan through a dealership. If you need a new automobile, obtaining a new car loan is perfect for rebuilding credit. Because the loan is secured by the vehicle, most lenders are willing to give loans to people with a bankruptcy. You can apply for Loan with High Risk Lenders. In fact, several lenders specialize in offering loan programs to individuals who have recently filed bankruptcy.

Interest

Financially the person is haunted with higher interest rates, higher down payments, and outright rejections for many years to come. Compare fees and interest rates, as well as, repayment options and customer service. Then, when the high interest rates are added in, people find themselves in a situation where repayment is often impossible.

They rightly point out that bankruptcy costs the credit card companies billions of dollars each year and that those costs are passed on to consumers in the form of higher interest rates.

Lawyers

Be honest with your lawyer and do not withhold any information that is relevant to your case. Do not be afraid to interview a lawyer and leave without retaining one if you are not satisfied. When all hope is lost, a new beginning can be created with the help of a good lawyer specializing in bankruptcy, by making use of the provision of the Bankruptcy Code. Look for a certified specialist or a lawyer with significant experience in bankruptcy. Ask your lawyer questions if you do not understand something.

Trustee

In a court-supervised procedure, a court appoints a trustee who liquidates the non-exempt assets of the debtor 's estate and makes distributions to creditors. Most people will pass through a bankruptcy case and keep everything they have, says John Hargrave, a bankruptcy trustee in New Jersey. Trustee within 180 days of the date of the filing of a bankruptcy case.
Although the debtor files a schedule C form for property claimed as exempt, the property is not exempt until the trustee files the property exemption report which actually divides the property as exempt or non-exempt. In an orderly, court-supervised procedure, a court appointed trustee liquidates the non-exempt assets of the debtor 's estate and makes distributions to creditors.


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