Bankruptcy Advice You Should Find Helpful

Posted on November 15, 2008
Filed Under General |

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.

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 3 years. However, if you have personal income taxes over 36 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.

If given the opportunity most people would choose to live free and clear of all bills. That includes a home mortgage, a new car and credit cards. There would be enough money each month so that they could put back towards retirement or education. In a perfect world everyone would have exactly what they wanted and needed. But this is not a perfect world. Most people rely on credit cards, loans and mortgages in order to live. These allow them to live the way they want but it also puts them in bad credit.

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