credit restoration

Everyone makes mistakes, sometimes expensive ones. Credit card debt in America has risen to a record $790 billion, and many Americans owe more than $20,000 on an unsecured credit card. Despite how immersed in personal debt people are, there is still a reasonable hesitation about taking “the easy way out” by declaring bankruptcy. Naturally, bankruptcy advice is the most valuable asset some families can have at this difficult time in their lives.

The key to holding onto your assets is to seek bankruptcy advice right away. Many people facing foreclosures wait until the day before a foreclosure sale to inquire, which limits their options drastically. Even if you’re only toying with the idea of bankruptcy, seeking advice can often point you in the direction of helpful credit report repair and debt management services. Homeowners don’t necessarily lose their property in a bankruptcy case because they are allowed the first $10,000 in equity above all liens and judgments. For instance, say a house is worth $250,000 and the mortgage is $240,000, and assuming that the homeowner is current on mortgage payments, has little home equity and has lots of credit card debt, then he or she will still be able to keep the house after filing Chapter 7. Under Chapter 13, if an individual is behind on mortgage payments, has substantial equity and a lot of credit card debt, then he or she can still keep the property so long as the debt can be repaid. However, if the person has a $200,000 mortgage left on that same property, a trustee may sell the property, giving the individual the first $10,000, unless the debtor can come up with the remaining $40,000 in nonexempt equity. Lastly, you may still be able to buy a house, despite filing for bankruptcy, although your interest rate will likely be high and you will be required to come up with a heftier down payment.

When you’re seeking advice about bankruptcy, 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 three years. However, if you have personal income taxes over 3 years 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.

Professional bankruptcy advice says that there are several ways to determine if bankruptcy is right for repairs to your financial situation. First of all, make a monthly budget, adding up all your expenses, such as rent/mortgage payments, utilities, food, gas or bus fare, clothing, car loans, etc. and all of your monthly income, including employer, benefits, food stamps, pensions, disability, etc. If your income is a lot less than your expenses, then bankruptcy may not help. If you suspect you may need credit cards to live even after filing, then you may need to get another job or cut expenses. If your debts are already a few years old, then you may want to just hang in there for several more years until they come off your report or you pay them.

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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