Get Out Of Debt

The bankruptcy code is divided into individual chapters that cater for different circumstances of dealing with debt and bankruptcy. There are also different interpretations of these chapters for the individual or business. This article will list the various chapters and how they apply to the individual and for corporations.

For individuals there are three types of bankruptcies including Chapter 7, Chapter 11 and Chapter 13.

The most common bankruptcy for individuals is Chapter 7. It is often termed the straight bankruptcy or liquidation because it discharges the debt by liquidating the assets of the debtor (some assets like the home are exempt in individuals). Under new revisions in 2005 this chapter requires that the individual must qualify before filing. By qualification, they must earn an annual income that is below the state average. This was done to protect the financial institutions and the government that had secured much of the debt in the case of student loans.

In Chapter 7 bankruptcy, all debts, including secured and unsecured can be discharged. However, some assets owned by the individual may be confiscated and sold by the court in order to satisfy a portion of the secured debt. Of the types, Chapter 7 offers the most financial relief for the creditor.

Chapter 13 bankruptcy is the second most common form of bankruptcy for individuals. This is known as the reorganization. In this case the court appoints a trustee who will work out a repayment plan that is acceptable to the creditors and workable for the debtor. By workable, it should be a monthly repayment schedule that leaves the person with enough money for everyday living expenses like accommodation, food and other such things. The debtor is given a maximum of 5 years to complete these payments.

Corporations can file for Chapter 7 bankruptcy. This generally involves ceasing trading and selling off of all assets. Businesses can use a Chapter 11 to reorganize their debts until they are paid off or renegotiate the debt. This allows them to stay in business and possibly rectify their financial or organizational problems. An initial consultation with an attorney will help determine which of the types the individual qualifies to file. they will have to file for Chapter 13 bankruptcy.

It is important to engage a lawyer when considering potential bankruptcy. The lawyer can advise which chapter to file for based on your circumstances. They will also fill in all paper work and present it at the hearing.

It happens to virtually everyone at some point in life. You find yourself over your head in debt. Perhaps you were laid off from your job or experienced a period of unemployment. Maybe you or someone in your family had a medical emergency and wiped out your savings. Or it could be that you have poor financial management skills and simply spent more than you could repay. Whatever the reason for your debt, the effect is the same: you most likely feel overwhelmed, hopeless, and endlessly worried. You don’t see a way out of the debt spiral and you don’t know where to turn. Perhaps you’ve heard about debt consolidation as a way of achieving debt relief, but you may not know much about it. Here, then, are answers to five common questions about debt consolidation.

1. What is debt consolidation? It’s easier to explain debt consolidation as it contrasts to the way you now manage your debt. Right now, most of the payments you make each month are probably going to pay down interest on credit cards and store cards. You may even be routinely paying exorbitant late fees, banking fees, and so forth. Before you know it, your money is gone but your debt isn’t. Essentially, debt consolidation serves to merge all of your various sources of debt into one single debt – and a single payment.

2. What are the Benefits of Debt Consolidation? There are several benefits to debt consolidation. Your multiple payments will be consolidated into a single monthly payment. In the process, the high interest charges you are paying can be reduced or eliminated, as can late charges and other fees. Best of all, your repayment plan allows you to find hope once again, and eventually enjoy the experience of debt-free living.

3. What Types of Debts Qualify for Consolidation? Many different types of debts qualify for consolidation, including credit card debt, store card debt, personal loan debt, utility bills, and so forth.

4. What if I Have Bad Credit? If you have bad credit, you’re not alone. Debt consolidation is available to people with poor credit histories. In fact, it’s designed to provide debt assistance to people with poor credit. Even if you have unpaid defaults, payment arrears, or have been rejected by a lender, you may still qualify for bad credit loans.

5. How Can I Begin the Process of Debt Consolidation? It’s actually very simple. You can begin by finding an online debt consolidation company that specializes in helping consumers with debt assistance or bad credit loans. After completing a confidential initial application, you will be contacted by a finance professional that will work with you to develop a reduced payment plan. He or she will also work with your creditors to reduce interest rates and eliminate penalties. The debt consultation should be free of charge. When you find yourself drowning in debt, it’s important to remember that there is hope. Many people have a difficult time facing their financial situations, and choose not to act. By opting for debt consolidation, you can make a plan, regain hope, and be well on your way to living debt-free.

Debt consolidation versus debt negotiation are two options that are available to you if you need debt assistance. When your monthly bills become too much for you to handle, it makes sense to use debt consolidation or debt negotiation for solving debt and credit problems.

Debt Consolidation

Debt consolidation services have prearranged debt repayment plans with most credit card and collection companies. When you sign up with a debt consolidation company you are offered a lower overall monthly payment based on a lower interest rate they have arranged with the creditor.

This payment is lower than what the credit card companies offer you, saves you money every month and is often the best way to consolidate debt.

One benefit of a debt consolidation repayment plan is it will stop you from getting harassed by your creditors as long as you make the new, lower monthly payments.

The downside of the debt consolidation repayment plan is that you have to cancel all credit cards that you include in the plan. You are also charged your first payment you make toward the program and an additional monthly administration fee. This administration fee ranges from flat fees of $10-$50, while others charge a $5 fee for each creditor. That means you’ll pay about $30 a month that doesn’t go to paying off your debts.

The debt consolidation program benefits you if you have high interest rates or have higher credit card bills than you can manage. Some people like to make only one payment to one company for all of their debts.

Debt Negotiation

Debt negotiation is sometimes referred to as debt settlement. This is most often offered to people who can’t handle a debt consolidation program. If you can’t make the minimum payments of a debt consolidation repayment plan or haven’t made payments in the past 3 months, a debt negotiation program is the next step for solving debt and credit problems.

One benefit of a debt negotiation program is you stop making payments to your creditors. The debt negotiation company either takes monthly payments from you and keeps it in an account, or lets you keep the money in your own account.

While you are making these monthly payments to the debt negotiation company, they negotiate with your creditors for a lower payoff of around 40-50% of your total amount of debt. Once the negotiated settlement is agreed upon with your creditors, the debt negotiation company makes a one time payment to them.

A downside of the debt negotiation program is it lowers your credit score for as long as you are in the program. However, most debt negotiation companies require the creditor make the credit report show paid in full so it doesn’t show up as a negative on your report once your account is settled.

Some debt negotiation companies include a credit repair service that will remove the negative items caused by the debt negotiation program. You pay for this service as part of their program.

Now that you have an idea what debt consolidation versus debt negotiation is choose which one will work best for solving debt and credit problems for you.

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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.

Although no one likes to admit it, financial problems are very common. Financial problems occur for a variety of different reasons. Whether it is because of overwhelming medical bills or being laid off work, financial troubles can easily occur. The question then becomes, when is filing for bankruptcy the only way out? People often wonder under what circumstances they should actually file bankruptcy. Here are some simple guidelines that can assist you in making that decision.

If you are overwhelmed with debt you can no longer pay, bankruptcy might be a viable option for you. When you wipe your debt completely clean, it is called discharge of debt. The goal of this is to help reduce your overall debt and allow you to start again with a clean slate. Whether you choose to go with Chapter 7 Bankruptcy (straight bankruptcy) or Chapter 13 Bankruptcy (reorganization), most, if not all of your debt will be wiped out.

If your home is currently in foreclosure, bankruptcy can help to stop the foreclosure process any time before the actual sale of the house. However, filing bankruptcy will by no means wipe out your current mortgage. Bankruptcy will help you create a repayment plan for the payments you are behind on.

Bankruptcy can help you keep your car and other processions from being repossessed. Even if your car has been repossessed by the bank, when you file bankruptcy you can actually force them to give you your car back. However, this is only the case if bankruptcy is filed promptly and quickly enough. Any payments you are behind on will then be consolidated into a bankruptcy plan. After you have filed bankruptcy and a plan has been made, your payments will go directly to a bankruptcy trustee, instead of going directly to a finance company.

Bankruptcy can help to eliminate extremely high medical bills. Unfortunately, there are times when medical bills, whether due to an accident or major illness, can get to the point where you can no longer pay for them. If you choose to file Chapter 13 bankruptcy, then your overall medical bills can dramatically be reduced.

One of the most common reasons people file bankruptcy is because loss of work. Families can easily become comfortable with the income they are making, whether it is a single or dual income family. Then, if the unthinkable occurs and you become unemployed, bills can quickly pile up. Often times, losing your job can be directly related to a medical reason. Therefore, with high medical bills and no income to pay them or other bills, bankruptcy may be the only viable option to get out from under the bills.

Bankruptcy can stop the harassing phone calls and letters from creditors. Often times, creditors do not follow the rules when trying to collect a debt. Creditors will continuously call the home and act very inappropriately with abusive and demeaning behavior.

If you are unable to pay your utility bills and are close to having them shut off or have already had them shut off, then bankruptcy may be your way out. Filing bankruptcy can help keep your electric and other utilities from being shut off.

Student loans are another source of overwhelming debt. Although student loans will not be completely eliminated through bankruptcy, it can help to consolidate your loan leaving you with a more manageable payment.

Wage garnishments can be stopped through Chapter 7 Bankruptcy. Wage garnishments often make it impossible to purchase essential items for your family. Bankruptcy can help keep food on the table by ending the wage garnishments.