Over the past few years, more and more people have accumulated huge credit card debt as well as very high mortgage obligations that they can no longer afford to pay. There are many unpredictable events that can cause people to become unable to meet their financial obligations: events such as an unforeseen illness or accident, loss of a job, a natural disaster, as well many other similar unfortunate situations. When people finally realize that their debt obligations have reached the point where they can no longer afford to make the required payments to their creditors, they may consider a drastic solution : filing for bankruptcy. There are many wrong assumptions about the subject of filing for bankruptcy, and in this article we hope to answer some important questions that you might have and dispel some of these wrong assumptions.
When should I file for bankruptcy?
Most bankruptcy attorneys advise a certain amount of debt before considering bankruptcy. In certain cases an individual can work with a credit counseling agency to help lower their monthly payments and learn how to manage their finances in a better way. The one absolute when it comes to filing for bankruptcy is waiting until the very last minute before being taken to court by your creditors.
Will my children's education money be lost?
If your children's education fund is in your name, it can be used to repay your creditors. However, if you have set up a separate savings account in your child's name, it may be exempt from any collection attempts by your creditors. Debt collectors will do all they can to receive compensation for the debts that you owe and therefore you have to be very careful in how you protect your assets and those of your family.
Any stocks or bonds that you might have bought in order to finance your children's education will be regarded as your own assets if they are in your possession and in your name. In that case they may be used to repay your debt obligations.
How long will my bankruptcy be on my credit report?
A bankruptcy filing can remain on a person's credit report for as long as ten years. This will certainly have a negative impact on your credit score, but after the bankruptcy is discharged your previous debts will appear as zero on your credit report.
This is a great opportunity to learn from your mistakes and learn how to manage your debts better. Many people do not learn from their bankruptcy mistakes and find themselves in the same situation repeatedly.
Business Filing For Bankruptcy
If you think that filing for bankruptcy is just a piece of cake, think again. Filing for bankruptcy does not really provide a simple escape from all your financial troubles. Note that you still have to pay off some of your debts and obligations. However, the good news is that you will not necessarily lose all your properties to pay off some of your debts. Every bankruptcy case is evaluated separately and the law allows for some exemptions when it comes to property liquidations. The properties that are exempted from liquidation during a bankruptcy proceeding is protected under the law thus your creditors cannot touch these properties. Exemptions do not just apply on the properties that are wholly owned by you but also to equity that you might have on a certain piece of property.
Facing foreclosure is a scary situation for anyone that may have to face it. If you are unable to borrow money from your family and friends, try speaking with your lender. Be sure to tell them honestly what your current situation is, when you will be able to continue your full monthly payments, and what plans you have to get back on your feet. Lenders can be flexible about making payment arrangements, since their money is made on interest and principals associated with the property. It is important to not make agreements with the lender that you know you will not be able to keep, as it may hurt you more in the long run. If you are able to work an arrangement out with your lender, ask for a copy of the new agreement in writing for security purposes.
Another option is to try to refinance your existing loan. You may be able to get a smaller interest rate on a new loan. Be sure to research refinanced loans thoroughly before signing with a company. Hiring a mortgage broker to find the best deals can help to secure a lower interest rate and lower monthly payments. If you are unable to make any other type of arrangement, consider selling the home. This will keep you out of foreclosure status. You may want to hire a Realtor to get the house out on the market quickly and to bring in potential buyers. If you are in need of selling your home quickly, you may want to sell at a smaller price to interest more home buyers.
The protection accorded by the law of exempted properties is not exactly absolute and there are certain points that you need to look into when you apply for these exemptions before and after filing for bankruptcy. Note that the state is given authority under the law to determine what exemptions can be applied to your case. In many cases, the state will allow you to choose which types of exemptions you want to apply in your case. Some of these types of exemptions can be very beneficial to you thus is imperative that you know how to choose the right type of exemptions. To know which types of exemptions are more favorable to you, do some research or better yet talk to a bankruptcy attorney. Always remember that whatever you do during or after filing for bankruptcy can bind you legally.
Both Robert Wise & Legal Helpers are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Robert Wise has sinced written about articles on various topics from Bankruptcy Law, College Student Loan. Author Robert Wise has been investigating and reporting on for years. You can get more information on. Robert Wise's top article generates over 4400 views. to your Favourites.