Get Out Of Debt

We all run into debts some time or the other in our lives. This is perfectly normal – but of late personal debt has grown alarmingly large. Statistics show that in 2007, the average debt per household had reached $80,000 which was a 54% increase from 1990. Presently the load of debt is running at an average of $71,000 which comprises of mortgage and consumer debts only.

With this kind of disturbing statistics as a backdrop, it is no wonder that more and more people are looking for professional debt relief service through out the country. What do these debt relief companies do to reduce your debt burden? They primarily negotiate with your creditors and reduce your monthly repayments by 40 to 60% and it is estimated that you could be debt-free in 12 to 36 months.

While this may sound very attractive, there are many issues involved before you finalize with a debt relief company to be completely sure that you have chosen the ‘best’ of the lot which would fit your purposes satisfactorily. So, what are the factors which go behind your choosing the best service? Here are some pointers:

o You need to do your research and home work properly. There are enough scam companies successfully duping unwary customers and if you fall pray to their glib sales pitch, you might land up wasting several thousands of dollars and get additional financial burdens of late feels and other penalties. Radio commercials and flyers in the mail are not the right way to start believing the tall claims made by such scam specialists.

o You would, in all likelihood come across service providers who charge you ridiculously high fees. Be aware that according to the Consumer Federation of America, the legitimate fees which you need to pay is not more than $50 for the initial set up and not more than $25 as monthly fees to the debt relief company.

o Ask as many questions as you like to the representative of the debt relief company and get the answers in writing. Watch out his level of curiosity about your financial status and genuineness of his interest in solving your problem. What kind of time is he willing to spend on you?

o Check with Better Business Bureau or your local consumer protection office regarding the past business record of the company who you are short-listing. You would get to know all about their business integrity and ways of dealing with past customer complaints, if any.

o Remember the better the relationship which the debt relief service provider has with your creditors, the better they would negotiate with them to lower your monthly payments, waiving charges and freezing interest rates. Of course lowering your monthly payments mean that your tenure to pay-back also gets extended.

o You also want the chosen company to help protect and improve your rating. To ensure that they are on board with this plan, ask whether they can help minimize the impact of your debt on your credit rating by helping you get fresh arrangements with your creditors. They should not let the matter roll into a state where the intervention of County Court Judgments is expected or even bankruptcy.

In summary the choosing the best debt relief service is not difficult provided you do adequate research and study the pros and cons of every step in the process. Ultimately you want the company to lead you through a peaceful, straightforward and legalized path to get back your financial stability and peace of mind.

With the proper information in regards to the new bankruptcy laws you can avoid the hassles many people have to deal with because they did not take the time to do some research. Only you can decide what is best for your debt burden with the current bankruptcy law.

Types of Bankruptcy

You may have heard of someone filing for Chapter 11 or Chapter 7. What do they mean by this?

These are actually the types of bankruptcy, so-named after the title of the Chapter of the Federal Bankruptcy Act in which they appear. There are three common types of bankruptcy available. Here is a quick rundown of each one:

Chapter 7

This is also known as liquidation. In a Chapter 7 bankruptcy case, all the assets and nonexempt properties, if any exists, of the debtor must be turned over to a trustee for the purpose of converting them into cash to pay the debtor’s creditors.

In return, the debtor receives a Chapter 7 discharge in the form of a court order, releasing the debtor from all of his or her dischargeable debts. This order also has the effect of preventing creditors from attempting to collect these dischargeable debts from the debtor.

Note that there are some debts which cannot be discharged with a Chapter 7 bankruptcy.

Chapter 11

This type of bankruptcy is typically used for business bankruptcies and restructuring. As such, this is not an option for individual consumers. Besides being far more complex, it is also more expensive to pursue.

A Chapter 11 bankruptcy gives businesses the opportunity to reorganize themselves, restructure debt, and get out from under certain burdensome leases and contracts. “Business” here may include a corporation, sole proprietorship, or partnership.

When a corporation files for a Chapter 11 bankruptcy, the stockholders’ personal assets are not at risk. Since a corporation exists separate and apart from its owners, the stockholders, the only asset the latter stands to lose are the value of their investment in the company’s stock.

Chapter 13

This is sometimes referred to as a “mini Chapter 11″ because it allows small proprietary business owners and certain qualified individuals to file for it in order to repay their creditors but still retain your property.

So how is this different from a Chapter 7 bankruptcy, which likewise allows you to retain certain exempt properties and assets? Chapter 13 is different in that it enables a debtor to retain the assets that would otherwise be liquidated by a Chapter 7 trustee.

In most cases, you can keep your home and your car under either Chapter 7 or Chapter 13. However, there are certain instances under Chapter where you would not be able to keep your rental properties, antique gun collections, etc. Whereas, if you file for a Chapter 13 bankruptcy, you may be able to keep these “luxurious items” and submit yourself to a Plan where you can make repayments.

The goal of a Chapter 7 bankruptcy is to discharge your existing debts so you can get a “fresh start” on your finances. A Chapter 13, on the other hand, obliges you to repay most or all of your debts before your slate is wiped clean. It is because of this – you repay your debts – that you gain a certain advantage over a Chapter 7.

Make no mistake that bankruptcy is a complex process. There are many intricate details involved in this legal process that should be taken into consideration before making any decisions involving bankruptcy. The information above is only basic. There are still many important questions that may arise and only your bankruptcy lawyer who knows more about your particular situation can authoritatively answer your questions.