Get Out Of Debt

Chapter 13 bankruptcy is a form of debt relief put into place by the federal government that allows you to pay your debts back to your creditors over a period of no more than five years. How long you have to pay back your debts after you enter chapter 13 bankruptcy depends on a number of things, including factors such as your income and the amount of debt you owe. It is there for people who do not want a chapter 7 bankruptcy or those who do not qualify for a chapter 7 bankruptcy, and looks a bit better on your credit report.

Who qualifies for a chapter 13 bankruptcy? Anybody whose debts are under a certain amount can file, even those who work for themselves. The only time a person cannot file is if they have already filed a bankruptcy within the past 180 days and it was dismissed for any reason. This means that anyone who wants to seek relief from their creditors in the form of a payment plan may do so by using chapter 13.

During a chapter 13, a debtor has certain responsibilities to uphold. When filing a bankruptcy petition, a person has to submit a list of all of his or her creditors, as well as all income, assets, and expenses. Those few things are what will determine how much and over what time frame the debtor must pay back their debts. Additionally, before a debtor files, they must submit proof that they went through approved credit counseling classes, and the last six months of pay stubs from his or her employer. A debtor must submit prior years tax returns, and any interest that has been accrued on student loan accounts.

Chapter 13 can help you get out of debt in an organized way, in equal installments over a period of time. If you are in over your head in debt, and you do not want to go the route of a chapter 7 bankruptcy, you may want to consider a chapter 13 bankruptcy. It looks better on your credit report and you will be able to pay off the debts that you owe. Depending on the creditor, you may still be able to keep your accounts open with them.

For many people, chapter 13 is a very good form of debt relief. There are many reasons a person would want to file a chapter 13 instead of a chapter 7. Some of those reasons include having a more positive credit report, and the feeling that they are paying back the debts they owe. They feel more responsible doing this instead of taking an easy way out.

When you file chapter 13 bankruptcy, you do not have to worry about your creditors harassing you with their phone calls and letters any more. By law, once you file bankruptcy, creditors are legally prohibited from contacting you. They may not try to collect on your accounts anymore. Best of all, they cannot garnish your wages.

Upon reviewing the different options at your disposal today, it should be quite evident which direction you should go as a consumer. The conventional wisdom tells us that all debts are created differently, so it will take a solution that is designed to your situation. Some people benefit from debt consolidation and the nice organization that it brings. These people need structure and they just need a new way to look at their current debt. Other people can get by with settlement, because they qualify and they have the resources to make it work. Reviewing the two should show you which one is a better choice for you.

Settlement and the amazing disappearing debt

If you want to see something of a magic trick, then utilize debt settlement. If you have never seen a debt disappear, then you owe it to yourself to start now. Debt settlement requires some things out of the consumer, though. First of all, you have to have either negotiation skills or a solid settlement firm to help with the negotiations. Likewise, you are going to need a lump sum up front in order to settle. If you don’t have that, then your options are to save up and get the lump sum or go another direction. Settlement can save you as much as 65% or 70% on your debt, though.

Consolidation and the counseling program

Debt consolidation might just be a new loan to some people, but it does not really come alone. For most good consolidation companies, it comes alongside a program that is designed to help you get ahead. These programs involve a type of credit counseling where you look at your debt with a person who is skilled in that regard. That person will help you come up with a way to avoid problems in the future. The more important item here is the cut in interest that you will receive as a result of this loan type. It can save you thousands of dollars over the long haul and consolidation requires no lump sum, either.

These two options are different, but equally effective in their own way. The debt relief world is nice because it has something to offer to everyone and this is an example of that. If you use each of these methods in their intended way, then good things can happen for your credit report and your debt ledger.

With sweeping changes in credit law, consumers find themselves scrambling for solutions. Should I get credit counseling? Should I declare bankruptcy? Can I declare bankruptcy? Where do I start? These are pressing questions facing many people today. In this brief article I will outline some steps to consider when developing your debt consolidation plan.

Debt consolidation is simply a step towards bringing your debt into a manageable state. The process as a whole may involve debt settlement, debt restructuring or more drastic measures like declaring bankruptcy. If you have concluded that the latter (bankruptcy) is your best course of action there is one important change in the law that you must comply with. New bankruptcy law requires that consumers seek ‘consumer counseling’ assistance prior to being eligible for bankruptcy. If the stress is mounting and financial doom looming I suggest you begin the counseling process right away.

Credit Counseling is a relatively painless process of evaluation and consultation. You will normally be able to reduce your debt payments by around 50% by allowing the credit counseling organization to represent you. This process will have an adverse effect on your credit but at this point it may not matter to you. If after you make an effort to utilize credit counseling and it proves to-little-to-late, bankruptcy becomes an available option.

As a credit specialist my recommendation would be to think long and hard before considering either credit counseling or bankruptcy. You can remedy most situations yourself with the right plan. Obtaining the right debt settlement software could help turn things around in as little as a few hours. A challenge I often see is caused by the chaotic state of mind that usually surrounds financial hardship. This dynamic may adversely affect your consistency. You know yourself. If you can dig in and fight for your financial solvency then you will save thousands of dollars and potentially save your credit rating. If you don’t have time, or the do-it-yourself road just isn’t for you, credit counseling or bankruptcy may be imminent…and that is ok. Hard times happen to good people.

In my opinion, the most important thing you can do to get ahead of this situation is take action. It is easy to avoid issues in hopes that they will just go away…it is human nature to do so. After all, who wants to speak to a rude collection agent or attorney after all? Unfortunately you will only be compounding the problems if you avoid them. Be brave. Either get a system for managing a debt consolidation campaign or contact a credit counselor for advice. Just because you talk to a counselor does not mean you are obligated in any way to use the service. As a matter of fact, I recommend taking advantage of their free expertise. I have reviewed and recommended both software and credit counselor’s for these endeavors. I have included a link below for your convenience.

Recovering from financial hardship is challenging but there is a light at the end of the tunnel. Remember the things that enrich your life. Your children, family, friendship, pets, good food and Mother Nature are reminders of what life is about. Take time out to enjoy yourself while taking equal steps toward solutions. Concentrate on the solutions and they will begin to manifest themselves in the form of growing security and peace-of-mind in your life.

Copyright December 2005, yourcreditcures.com, USA

Chapter 13 payments are arranged through the reorganization of debt at the time when bankruptcy is filed. The debtor is required to make regular payments directly to an assigned Trustee who oversees the case. When Chapter 13 payments are received, the Trustee disperses payments to creditors until accounts are paid in full.

In some instances, Chapter 13 payments can be made through payroll deductions if approved by the bankruptcy court. Upon acceptance of the bankruptcy repayment plan, chapter 13 payments are setup to repay creditors and tax liens, if applicable.

If the debtor owns a home, filing Chapter 13 bankruptcy can halt the foreclosure process. However, if the debtor fails out of bankruptcy, the lender has the authority to initiate foreclosure proceedings. Additionally, the court may require the debtor to liquidate their assets under Chapter 7 Bankruptcy Code. If this occurs, the debtor must relinquish their property to a Trustee who will sell the assets and repay creditors.

Chapter 13 bankruptcy is available to all U.S. citizens. This chapter allows individuals to reorganize their debt and make payments over an extended period of time. However, certain eligibility requirements must be met and include outstanding unsecured debts must be less than $307,675 and secured debts must be less than $922,975. Additionally, the debtor is required to undergo credit counseling within 180 days prior to filing.

When an individual files Chapter 13 bankruptcy they must provide a certificate of credit counseling, proposed repayment plan, proof of income, detailed list of expenses, and a recent year tax return.

Collection actions against the debtor cease when the debtor files Chapter 13. However, it does not dismiss outstanding balances. As long as payments are made to the Trustee and disbursed in a timely fashion, no further action will be taken against the debtor. If the debtor is unable to make payments according to their chapter 13 agreement, the creditors can move forward with collection actions.

If circumstances arise that cause the debtor to become unable to make chapter 13 payments, the Trustee must immediately be contacted. If the financial setback is temporary, the Trustee may agree to reducing payment amounts or extending the repayment period.

In cases where financial setbacks are long-term, the court may modify chapter 13 payments, discharge the debts on the basis of hardship, convert to Chapter 7 liquidation, dismiss the Chapter 13 case, or temporarily suspend payments.

Chapter 13 bankruptcy provides individuals with the opportunity to retain their property and make a fresh start. When creating the repayment plan it’s crucial to arrange chapter 13 payments that are reasonable so the debtor can consistently make payments in a timely fashion. Otherwise the effort will be fruitless and cause the debtor to fail out of bankruptcy and lose their home, automobile and other valuable assets.

There are two most common measures done to relieve credit debt. And these are debt settlement and debt counseling. Though many of us have heard about credit debt relief measures, many people still don’t know the very core of each manner. More people would still ask which measure is better to save them from the monster debt they are burdened into. In order for you to have a better distinction between the two, you have to know each of its meaning. So let’s start off with debt settlement.

Debt settlement is a measure done by experts of debt negotiations that would try and attempt to lower the amount of debt you have from your creditors; making you pay the agreed amount at one time. Such measure would give you the chance to save up as much money on your account. After which, the experts would then offer the amount of money you were able to save as payment to your creditors with hopes that your creditors would accept and settle for the offer.

With debt settlement, the money you will pay to your creditors is far less than the amount of debt you owe them. Basically, the fact that you will have the chance to pay less would mean you get to settle your debt quicker. More often than not, the payment would usually take over less than two years.

On the other hand, debt counseling is a manner where you get into a debt counseling program that provides you the option of paying your debt on a monthly basis. With such manner, your interest rates are reduced significantly. You will be required to pay monthly to the debt counseling company and the company will hand it over to your creditors. With credit debt counseling, the nature of payment will be in fixed amount.

Now you may ask what could be the difference between the two. Well, one significant difference you will find is the savings. Yes! There’s a big difference when it comes to savings. With credit debt counseling, you get to pay more or less around 120% to 125%. While with credit debt settlement, you will have the chance to save up around 40% to 60% from the amount of debt you have. Moreover, credit debt settlement will have you the default payment status, while credit debt counseling would still report you as current payment status.

Now the question would be which one would be better for you? Well, it depends on what you think is best considering the amount of credit debt you have.