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[P219]Personal Bankruptcy For Dummies

by Alan Jason Smith, Ala

There are two types of bankruptcy petitions you can file: Chapter 7 and Chapter 13. Each of these have a different purpose and different set of circumstances attached.

Chapter 7 bankruptcy involves the seizing and liquidation of your assets. This includes real estate, stocks, bonds and valuable property. Once liquidated, the proceeds are used to pay off the various creditors you owe. Property exempt from Chapter 7 bankruptcy includes vehicles worth less than $1500, most household furnishings and goods and clothing. You are also entitled to retain $18,450 worth of equity in your home.

The goal here is to leave you with enough to make a fresh start after bankruptcy is declared so you don't end up completely destitute. At this point, you are discharged of all remaining debts. Once bankruptcy is filed, your creditors must cease from any lawsuits, wage garnishing, letters or telephone calls compelling you to pay.

There are some debts that cannot be discharged by filing for bankruptcy. These include current or back-owed child support and alimony payments, most student loans, recent tax bills or debts to creditors toward whom you've exhibited dishonesty in the past.

Within a relatively short time period after filing for Chapter 7 bankruptcy, your debts will be discharged and you will have a clean financial slate. However, filing for Chapter 7 does not always guarantee freedom from your debts. If a judge deems you fit to pay, you may be denied Chapter 7 bankruptcy and forced to file for Chapter 13.

Chapter 13 bankruptcy's goal is not to discharge you of your debts but to reorganize them and develop a court-ordered repayment schedule. A person who files for Chapter 13 bankruptcy typically has three to five years to pay off all debts to creditors. Chapter 13 bankruptcy is preferable for people who want to retain ownership of their property and assets, and/or have a reliable and prolonged source of income.

Regardless of which type of bankruptcy you file, you must consider your co-debtors carefully before making the decision to file for bankruptcy. If there are people who have co-signed for loans but who are not declaring bankruptcy jointly with you, if your debts are discharged, your creditors will go after your co-debtors to collect your portion of the debt.

You may be afraid that declaring bankruptcy will permanently ruin your credit rating, but this is not true. If you are already in a position to considering bankruptcy, chances are that you credit rating is already so poor that declaring bankruptcy could not make it any worse. A fresh financial start and the opportunity to rebuild credit from the ground up may even improve your credit rating in the long term.

Whatever decision you make regarding personal bankruptcy, it is never a bad idea to consult with a lawyer, financial advisor or credit counselor before proceeding. These professionals can advise you on the most prudent course of action to protect the integrity of your financial future.

Experiencing bankruptcy can be an awful situation as it can influence your credit record for quite a considerable period of time. Moreover, the social and corporate stigma attached to it can seriously hurt your self-esteem. Thus, you should weigh all your options and exercise all the alternatives before opting for Personal Bankruptcy.

To avoid bankruptcy at any point in your future you should first and foremost, keep track of your spending habits. You should think carefully before spending on any thing. All your dues should be paid punctually to avoid any late payment charges. As a general rule, the credit cards should be avoided as they encourage you to spend more than what you can afford. Instead of credit cards use of debit cards should be preferred because they let you spend only what you have got in your bank account. As a wise consumer you should take advantage of the competition in the markets by being aware of the information provided in your newspaper and on internet. You should always strive to secure the best deal for whatever you purchase. While shopping, a bit of planning may let you get maximum out of your shopping trips which otherwise can waste your money in extra fuel costs.

If you have already crossed this stage and feeling financially strained then also you should not panic and try all the alternatives to bankruptcy. The best way to ease your financial situation is to approach your creditors, like credit card companies and work out some arrangements, which can be mutually beneficial to both the parties. Making informal proposals or suggesting them some payment plans to help you pay-off your debts in an orderly way can certainly help you to ward-off bankruptcy. Many creditors are more than willing to cooperate with you and work out a new arrangement as it is to their advantage to keep you as a customer. Another very desirable alternative to bankruptcy is getting all your debts consolidated. Today there are many financial institutions that are providing debt consolidation services. They consolidate all your debts into one loan for which you have to make reasonable monthly payments. This is very beneficial for a person who is being plagued by his numerous debts as it relieves him both financially and psychologically; because after consolidating his debts he will have only one creditor and will have to pay only one monthly installment. A debt workout is another form of alternative in which your attorney approaches your creditors and makes arrangements with them to pay off your debts amicably.

Thus, if you follow these tips and exercise these alternatives properly, you may definitely save yourself from the problems that are associated with Personal Bankruptcy.

Article Source : Personal Bankruptcy Filing

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Both Alan Jason Smith & Mansi Gupta 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.

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