A Helpful Guide to Filing Bankrupcy
There are methods of filing bankrupcy: Chapter 7 and Chapter 13. Chapter 7 bankrupcy, named for the chapter number in the bankrupcy code, requires a full liquidation of all debts and cancels all no-exempt debts. Chapter 13 bankrupcy is essentially a court-mandated payment plan that sets up affordable monthly payments to your creditors, The decision to declare bankrupcy is not an easy one. Unfortunately, many bankrupcy attorneys recommend bankrupcy to just about anyone they consult with. All too often frightened consumers are advised to declare bankrupcy just to avoid a few debts. This is a mistake. bankrupcy should truly be a last resort as the legal system meant it to be.
A bankrupcy appears on your credit for ten years, and although lending criteria are slowly changing, many lenders will not even consider an applicant who has had a bankrupcy. What's more, a Chapter 7 bankrupcy can cost you most of your property. Before making a decision to declare bankrupcy, estimate how bad your situation really is. On a piece of paper, make a list of all your assets and the approximate value they could be sold for. On the other side, add up all of your debts. If the debts exceed the assets by a large percentage, you may wish to consider bankrupcy. On the other hand, if it seems that your situation may improve (you may get a new job or a second income), or if your assets are of greater value or close in value to your debts, a different approach may be appropriate.
Negotiate with your creditors
Explain your situation and ask for more time to pay. If the creditors refuse and continue to threaten garnishment tell them such action would force you into bankrupcy. No creditor wants to hear the "B" word. Using bankrupcy as a threat is a very powerful negotiating tool, confronting creditors with a choice between getting a little each month or probably getting nothing through bankrupcy. Don't try this tactic on secured creditors. They may decide to repossess your property to avoid having to go through court.
Contact Consumer Credit Counseling
As mentioned earlier in the book, Consumer Credit Counseling is a non-profit group funded by creditors to help consumers negotiate repayment plans. It is often able to negotiate payment arrangements better than the individual because of its constant contact with a variety of creditors. If you can't negotiate a satisfactory arrangement, give these people a try. Remember, the fact that you are using credit counseling may appear on your credit record. This kind of filing allows you to repay your debts in a court-mandated fashion and will appear on your credit record for only seven years, If negotiations fail or there simply isn't enough money to make ends meet Chapter 7 bankruptcy may be your only option. Bankruptcy does not necessarily discharge all debts. If your debts are exempt from bankruptcy, filing will do very little to improve your situation. If a co-signer was used, the debt would then be owed by the co-signer, unless that person also declared bankruptcy. In community property states a spouse's assets and debts would also be included in the bankruptcy, assuming they are community property. Consider all very carefully before deciding to file.
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Mr. Green provides a guide to .Filing Bankrupcy Law. A free Guide to Filing and Forms
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