We all know that Chapter 7 is the most common choice when it comes to filing for bankruptcy. But among the many chapters bankruptcy comprises, Chapter 13 is the second favourite. Now with the new law, many more debtors will find themselves filing this claim. And not exactly by choice, but because they will find it impossible to file for Chapter 7 due to the new salary limitations. This and some of the new regulations have caused quite a stir, and already people are choosing side.
But truth be told, no matter what chapter you choose, if you do not qualify for Chapter 7, you will not be able to file for it, and will have to file for the second alternative. Leaving aside the eligibility issue, there are still many who opt for this type of chapter because it offers options no other chapter does.
Here we will discuss those cases in which Chapter 13 is the best alternative for the debtor.
Case #1: You Are A Homeowner
Chapter 13 does carry some major drawbacks individuals are not very inclined to go through: it might take up to five years for this type of claim to be discharged though it usually takes 3, also, the debtor will have to actually pay those debts, they will not be written off instantly like in a Chapter 7 claim. But, on the other hand, this type of bankruptcy tends to have a less harsh effect on personal property as it works more or less like a repayment plan.
If you are a homeowner, I take it that your home is one of the most important things you own, if not the most important. When filing for Chapter 7, the debtor runs the risk of having his home repossessed. In a Chapter 13 bankruptcy, provided that you are successful in repaying the debt, none of your assets will be in danger. Many homeowners will rather pay back their debt and have the knowledge that their home is safe.
Case #2: You Own Non-Dischargeable Debts
Some types of debts cannot be discharged. If you happen to have many of them (government student loan, alimony debt, tax related debt, etc) and are in need of filing for bankruptcy, it might not be worth it to file for Chapter 7. True, the rest of your debts will be discharged, but the other ones will remain, and you will still have to pay the off. It might be wiser to file for Chapter 13 and work out a repayment plan for them.
Case #3: You Have A Co-Signer On One Of Your Loans
Having a co-signer always boosts loan approval chances, that is why many people resort to friends and family for help. Truth be told, the moment that person signs the contract, they become co-debtors. Provided that you are unable to repay any of your debts and you decide to file for Chapter 7, the debts will be discharged for you, but not for your co-signer. Creditors will quit harassing you, but they will go after co-debtor instead. Chapter 13 filing does not pose a threat to your co-signer. In fact, as long as you keep up with the repayment program, the creditor will not contact that person at all.
Showing posts with label Chapter. Show all posts
Showing posts with label Chapter. Show all posts
Thursday, December 13, 2012
Wednesday, September 12, 2012
How Debt Settlement Programs And Chapter 13 Bankruptcy Differ
When the pressure of debt gets too much to handle effectively, there are solutions out there. The only real question is which to choose. The best options are constructive repayment agreements, and the two most common are debt settlement programs and a bankruptcy agreement under the terms of Chapter 13.
The two are quite similar in principle, with their core reasons being to facilitate the repayments of debts, either in full or in part. The result is to lift the burden of debt off the debtor. But which is the best option to choose? Is a Chapter 13 bankruptcy plan going to damage a credit reputation? Or is a settlement program the right way forward?
These are just some of the issues to consider, and while old bankruptcy options were taken advantage of, creditors are now better protected. Clearing debts effectively comes down to two key choices, both of which can see debts cleared with just 30% to 50% of the sum repaid, to so which is actually better?
Debt Settlement
There are some great advantages to adopting a debt settlement program to ease the financial burden, not least the fact that what is paid to clear the debt is lowered. But when compared to the alternative bankruptcy, there are some negatives. For example, settlement is more expensive, costing up to ,000 in service fees.
The greater expense comes down to the fact that debt settlement companies charge a fee based on the size of the debt involved, so a larger debt will mean a higher fee. Chapter 13 bankruptcy is a fixed rate. Also, the term of a settlement is usually 3-4 years, which means payments can be larger.
But perhaps the biggest negative is that the creditor is in control when it comes to negotiations. This is because the agreement is a voluntary agreement, so the debtor has every right to reject proposals. Sometimes clearing debts effectively means holding out for better terms, but the creditor car pull the plug at any time and seek legal action instead.
Chapter 13 Bankruptcy
When it comes to fees, bankruptcy is actually a lot less expensive than a debt settlement program. The reason is partly down to the fact that practically no negotiations are needed, just to have the necessary paperwork prepared and legal representation. So, expect costs of between ,500 and ,000.
The term of a Chapter 13 bankruptcy agreement has recently been extended to a maximum of 5 years, so the task of clearing debts constructively is greatly improved. Principally, the monthly repayments are lowered thanks to the longer term.
With a court taking on the case, neither party can act independently. So, creditors cannot take legal action once the Chapter 13 process has begun. For the most part, the plan leading to clearing debts effectively, and once the final ruling is made, it cannot be repealed.
The After Effects
But how does the eventual ruling actually affect the debtor? Through a debt settlement program, the creditor will get at least a share of the money owed to them. However, the credit record will state that the debt was paid through a settlement plan and the credit score will be lowered significantly. The good news is that credit worthiness can be regained after just 2 years.
With a Chapter 13 bankruptcy plan, the decision goes on the credit report and stays there for as long as 10 years, severely damaging the credit score. Also, when any bankruptcy ruling is made, the records are made available publicly, so people have access to relevant records. So, clearing debts effectively can have its price.
The two are quite similar in principle, with their core reasons being to facilitate the repayments of debts, either in full or in part. The result is to lift the burden of debt off the debtor. But which is the best option to choose? Is a Chapter 13 bankruptcy plan going to damage a credit reputation? Or is a settlement program the right way forward?
These are just some of the issues to consider, and while old bankruptcy options were taken advantage of, creditors are now better protected. Clearing debts effectively comes down to two key choices, both of which can see debts cleared with just 30% to 50% of the sum repaid, to so which is actually better?
Debt Settlement
There are some great advantages to adopting a debt settlement program to ease the financial burden, not least the fact that what is paid to clear the debt is lowered. But when compared to the alternative bankruptcy, there are some negatives. For example, settlement is more expensive, costing up to ,000 in service fees.
The greater expense comes down to the fact that debt settlement companies charge a fee based on the size of the debt involved, so a larger debt will mean a higher fee. Chapter 13 bankruptcy is a fixed rate. Also, the term of a settlement is usually 3-4 years, which means payments can be larger.
But perhaps the biggest negative is that the creditor is in control when it comes to negotiations. This is because the agreement is a voluntary agreement, so the debtor has every right to reject proposals. Sometimes clearing debts effectively means holding out for better terms, but the creditor car pull the plug at any time and seek legal action instead.
Chapter 13 Bankruptcy
When it comes to fees, bankruptcy is actually a lot less expensive than a debt settlement program. The reason is partly down to the fact that practically no negotiations are needed, just to have the necessary paperwork prepared and legal representation. So, expect costs of between ,500 and ,000.
The term of a Chapter 13 bankruptcy agreement has recently been extended to a maximum of 5 years, so the task of clearing debts constructively is greatly improved. Principally, the monthly repayments are lowered thanks to the longer term.
With a court taking on the case, neither party can act independently. So, creditors cannot take legal action once the Chapter 13 process has begun. For the most part, the plan leading to clearing debts effectively, and once the final ruling is made, it cannot be repealed.
The After Effects
But how does the eventual ruling actually affect the debtor? Through a debt settlement program, the creditor will get at least a share of the money owed to them. However, the credit record will state that the debt was paid through a settlement plan and the credit score will be lowered significantly. The good news is that credit worthiness can be regained after just 2 years.
With a Chapter 13 bankruptcy plan, the decision goes on the credit report and stays there for as long as 10 years, severely damaging the credit score. Also, when any bankruptcy ruling is made, the records are made available publicly, so people have access to relevant records. So, clearing debts effectively can have its price.
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