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 Bankruptcy. Show all posts
Showing posts with label Bankruptcy. 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.
Thursday, July 12, 2012
Iva Or Bankruptcy
For people in the UK filing for bankruptcy may not be your only option for getting out of serious debt. If you have steady employment and can afford to pay a modest amount each month to pay towards your debts you can get an IVA. This stands for an individual voluntary arrangement, which is an agreement between your creditors and you that you will make payments to pay back a portion of what is actually owed. The advantage of this being that you do not have to repay the full amount of the debt, only what you can manage to pay. You make payments for a fixed period and at the end of that time any debt left unpaid is written off.
This is a formal and legally binding agreement so is not so easy to get out of as something like a debt management plan. This was introduced by the UK government to provide people with a choice so that they do not always have to go bankrupt to wipe out serious debts.
The Pros of an IVA or Bankruptcy
Before deciding on whether this arrangement is going to be better for you than becoming bankrupt, you should know the pros and cons of each of these options. The main advantages of the individual voluntary arrangement are:
You get protection from court action so your creditors are not allowed to sue you.
It is not publicized so you can keep it private if you wish to.
You only pay back what you can afford to.
Your profession is not endangered.
You will be debt free when the agreement comes to an end.
Your home will be safe as you usually are not required to sell it.
You do not lose complete control of your assets to the extent that you do with bankruptcy.
You can keep your bank accounts, but will not be allowed overdraft privileges.
Creditors cannot contact you about any of your debts.
In terms of possible disadvantages, there are a few things you need to be aware of and bear in mind when making a decision. An IVA normally lasts five years where a bankruptcy only lasts one year. You must have 15000 pounds of debt owed to at least 3 creditors for an IVA to work. You must include all your creditors in the arrangement, but you only need the support of three quarters of them for it to be implemented. You must be able to afford to make a reasonable payment towards your debts each month.
There are also pros to a bankruptcy that need to be considered when making a decision. Some of the main benefits of a bankruptcy are that you only need to be 750 pounds in debt to start the process and it only lasts one year. Your debts will be eliminated immediately upon making the bankruptcy order and once the bankruptcy is final you are free from all your debts.
The disadvantages of becoming bankrupt are quite well known and numerous. Here are a few of them:
The process has to be made public through notices in the press.
You lose all control over your assets and you may be forced to sell your home.
If you are earning good money you will be ordered to pay a certain amount each month.
Any money you inherit will be taken to pay the creditors.
Your pension can be affected.
Your credit rating will be affected for about six years.
This is a formal and legally binding agreement so is not so easy to get out of as something like a debt management plan. This was introduced by the UK government to provide people with a choice so that they do not always have to go bankrupt to wipe out serious debts.
The Pros of an IVA or Bankruptcy
Before deciding on whether this arrangement is going to be better for you than becoming bankrupt, you should know the pros and cons of each of these options. The main advantages of the individual voluntary arrangement are:
You get protection from court action so your creditors are not allowed to sue you.
It is not publicized so you can keep it private if you wish to.
You only pay back what you can afford to.
Your profession is not endangered.
You will be debt free when the agreement comes to an end.
Your home will be safe as you usually are not required to sell it.
You do not lose complete control of your assets to the extent that you do with bankruptcy.
You can keep your bank accounts, but will not be allowed overdraft privileges.
Creditors cannot contact you about any of your debts.
In terms of possible disadvantages, there are a few things you need to be aware of and bear in mind when making a decision. An IVA normally lasts five years where a bankruptcy only lasts one year. You must have 15000 pounds of debt owed to at least 3 creditors for an IVA to work. You must include all your creditors in the arrangement, but you only need the support of three quarters of them for it to be implemented. You must be able to afford to make a reasonable payment towards your debts each month.
There are also pros to a bankruptcy that need to be considered when making a decision. Some of the main benefits of a bankruptcy are that you only need to be 750 pounds in debt to start the process and it only lasts one year. Your debts will be eliminated immediately upon making the bankruptcy order and once the bankruptcy is final you are free from all your debts.
The disadvantages of becoming bankrupt are quite well known and numerous. Here are a few of them:
The process has to be made public through notices in the press.
You lose all control over your assets and you may be forced to sell your home.
If you are earning good money you will be ordered to pay a certain amount each month.
Any money you inherit will be taken to pay the creditors.
Your pension can be affected.
Your credit rating will be affected for about six years.
Wednesday, May 23, 2012
Tips in Selecting a Bankruptcy Attorney
When you suffer from too much debt that you feel you can no longer pay them off and live healthily, you will need to hire a bankruptcy attorney to help you file for bankruptcy. There are laws on bankruptcy which can make you have a fresh start at life after all the debts you have incurred. For you to maximize these laws to your advantage, you need to have a good lawyer who has had experience in bankruptcy cases. Here are the steps in selecting that lawyer.
The best way to get bankruptcy attorneys is through word of mouth from people you trust or another lawyer you know. You can also check the phone directory and look under lawyers at the yellow pages. Check the law firms that offer debt relief. Call the firm and ask questions about their years in service and the number of cases they have handled and won.
You can also look for a bankruptcy lawyer online . You will see many firms available but make sure the ones you visit are reputable and known. Check the firm's reputation through the Better Business Bureau and online testimonials.
After you have chosen a specific lawyer and have gotten positive feedback about him, call his office and ask for a visit. See if the initial consultation is free which most of the time is. Once you are in the lawyer's office, ask him questions about his experience, the other fields in law that his firm specializes in and your options in your case. Inquire if your case would be taken over by a paralegal or an associate or if it would be handled by him personally. Know if he accepts installments in terms of payment.
If you are not contented with the answers he gives, you can call the other lawyers you have in your list and ask for an appointment until you get the appropriate lawyer for you. It is your right to get the lawyer whom you are at ease with and you can immediately trust. You will immediately know during the consultation the one who really cares about your situation and who will provide the personal attention you deserve.
Be reminded that bankruptcy lawyers who charge very minimal may not be the right one to hire. It can be tempting to get his services but this can be an indication that he has very little experience or he may not spend much energy or time on your case. You can also ask around about the standard fee of a good lawyer.
One of the most serious matters in life is bankruptcy, thus it should be taken seriously and handled by a good lawyer. Choosing a lawyer has consequences that you will face and it will also have an effect on your case. There are people who file for bankruptcy without a lawyer but it is advisable not to do all the paperwork yourself because the Code on Bankruptcy is complex and constantly evolving. It will be a bankruptcy attorney who can advise you if you are indeed fit enough to take this course of action and he will also be the one to choose the precise Bankruptcy Chapter applicable to your situation.
The best way to get bankruptcy attorneys is through word of mouth from people you trust or another lawyer you know. You can also check the phone directory and look under lawyers at the yellow pages. Check the law firms that offer debt relief. Call the firm and ask questions about their years in service and the number of cases they have handled and won.
You can also look for a bankruptcy lawyer online . You will see many firms available but make sure the ones you visit are reputable and known. Check the firm's reputation through the Better Business Bureau and online testimonials.
After you have chosen a specific lawyer and have gotten positive feedback about him, call his office and ask for a visit. See if the initial consultation is free which most of the time is. Once you are in the lawyer's office, ask him questions about his experience, the other fields in law that his firm specializes in and your options in your case. Inquire if your case would be taken over by a paralegal or an associate or if it would be handled by him personally. Know if he accepts installments in terms of payment.
If you are not contented with the answers he gives, you can call the other lawyers you have in your list and ask for an appointment until you get the appropriate lawyer for you. It is your right to get the lawyer whom you are at ease with and you can immediately trust. You will immediately know during the consultation the one who really cares about your situation and who will provide the personal attention you deserve.
Be reminded that bankruptcy lawyers who charge very minimal may not be the right one to hire. It can be tempting to get his services but this can be an indication that he has very little experience or he may not spend much energy or time on your case. You can also ask around about the standard fee of a good lawyer.
One of the most serious matters in life is bankruptcy, thus it should be taken seriously and handled by a good lawyer. Choosing a lawyer has consequences that you will face and it will also have an effect on your case. There are people who file for bankruptcy without a lawyer but it is advisable not to do all the paperwork yourself because the Code on Bankruptcy is complex and constantly evolving. It will be a bankruptcy attorney who can advise you if you are indeed fit enough to take this course of action and he will also be the one to choose the precise Bankruptcy Chapter applicable to your situation.
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