Bankruptcy advice varies, depending on who you ask. A credit card debt reduction company might say that it’s better to just stick it out, settle your debts and establish a monthly payment schedule, even if it takes you five years to finish it! Needless to say, many of the debtors set up on such plans drop out and file for bankruptcy anyway. If you were to ask a lawyer, then they might say that bankruptcy is the only option for you, while asking for more than $250 just to file. Many people find they can’t come up with the lump sum to go through with it and feel they are beyond all hope.
First, let’s look at some of the misconceptions that come out of bankruptcy advice. Some believe that you must be flat broke to file for bankruptcy, but the only requirement is that the debtor cannot pay the bills as they are due. Another misconception is that those who file will not be eligible for credit in the future, when in reality, the listing will be on your report for 10 years, limiting your access to credit but not outright destroying your chances at redemption. In actuality, creditors will know that you cannot file for bankruptcy again for another six years, so you’re less risky than a borrower who has a low credit score from arrears accounts in collections.
When you’re seeking advice from a credit repair attorney, be sure to double-check what can and can’t be discharged. For instance, you’ll still have to pay off Uncle Sam if you owe taxes for the past thirty six months. However, if you have personal income taxes over thirty six months old, then you can discharge them through bankruptcy. Fiduciary taxes cannot be discharged, nor can most student loans and liens. If you owe child support or alimony, you will still have to pay up. If you don’t list debts on your bankruptcy petition, then they will not be covered. If you have debts from drunk driving or other “willful and malicious” harm, you’ll still have to pay your dues. However, there are many things that can be removed when you file for bankruptcy, such as all unsecured credit card debt, wage garnishments, utility termination, fraudulent credit claims and foreclosure.
Most bankruptcy advice tells you to choose either Chapter 7 or Chapter 13. Chapter 7, also known as “straight” bankruptcy or “liquidation,” requires a debtor to give up property which will be sold off to repay creditors. Chapter 13, or “debt adjustment” bankruptcy, requires a debtor to file a plan to pay part of the debts, while liquidating the rest. Chapter 11 is for businesses and large-debt individuals, while Chapter 12 is reserved for family farmers. Remember that bankruptcy should never be viewed as an “easy way out” for repairs to a financial situation, but rather, as a last resort.
At an early age people are given the opportunity to begin building their credit. They can acquire credit cards, loans for vehicles and homes and even money for school. But what happens when this credit is maxed out and there is no way to repay it all? It is all too easy to find yourself in over your head in bad credit. But you do not have to stay that way. There are many resources on the internet that can help you eliminate those bills and get back on your feet.
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