Start A New Chapter In Your Life - Filing Personal
Bankruptcy
As hard as we try to stay ahead of our financial
obligations, sometimes our finances are leading us rather
than the other way around. As bills pile up and we get
farther and farther into debt, we have to stop and ask
ourselves how we got there. Sometimes, the fault is our own
and sometimes, bad stuff happens to good people. When debts
are so deep that exploring other ways to get out of a rut
also doesn~t sound like a do-able solution, filing
bankruptcy is sometimes the best option for getting a fresh
start.
Bankruptcy laws and filing chapters vary by each state.
While some states let you keep your assets, others take away
everything you own and make you give up ownership. Almost
every state does require that your credit history contain
information regarding your bankruptcy for at least seven
years. Before you can approach a mortgage company or other
lender, most institutions won't allow a loan until at least
3 years after the bankruptcy verdict.
The complexities of bankruptcy are outlined in bankruptcy
Chapters. Chapter 7 generally cancels (discharges) all
financial obligations. However, if a larger debt like a
home mortgage can be paid off with collateral, the person
must do so or give up the property. According to Chapter
13, your debts are consolidated if you can prove that your
monthly income exceeds your monthly living expenses. You
then make a payment to the court for the next three to five
years. Many Chapter 13 filers end up keeping all of their
properties. Chapter 11 and Chapter 12 are other common
bankruptcy Chapters that are reserved for restructuring or
closing corporations and businesses.
If clearing your debts sounds like such a great way to get
rid of expenses, why don~t more people do it? Simply put,
it ruins your credit. Bad credit is a curse that follows
you for a long period of time. Every time you file for
another loan, this plague sits on your credit report waiting
to explode like a fireball and destroying any hopes for a
loan with great terms. In fact, while many creditors say
they~ll help you qualify for a loan even though you have bad
credit, these creditors are really saying, "Hey, I~ll give
you a loan but you have to pay the highest premiums, over
inflated interest rates, and you may even have to take out a
second mortgage to pay our additional fees!" As sweet as
that might sound, you~d probably be better off passing on
those "too good to be true deals" and waiting a few years
until your credit history clears or another lender a few
years down the road doesn~t find you as big of a risk.
Carefully go over any offer to consolidate your loans and
debts. While these offers sometimes combine your troubles
into one big sum, you should review how your debts would be
paid off. The FTC (Federal Trade Commission) contains
numerous reports online about scam debt-counseling services
that do little more than make your situation worse. Some
counseling firms, however, are much better than filing
Chapter 13. The American Bankruptcy Institute at
http://www.abiworld.org has great reports and reliable
information to help you side step and handle bankruptcy
issues.
Copyright 2005 Philippa Munster. All rights reserved.
Philippa Munster is the owner and operator of Bay
Bankruptcy
which is a useful source for information on bankruptcy on
the internet. For more information visit her archive
of articles here: http://www.baybankruptcy.com/
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