The Right Option?

Financial difficulties can occur in anyone’s life. When you think financial difficulties are more than you can handle, don’t let filing for bankruptcy become your first thought. Filing for bankruptcy should be considered as a last resort, not just the first thing that pops into your head when the going gets tough. Instead, consider these options. One of the first steps in avoiding bankruptcy is to make a budget. If you have laid out a plan for your incoming money, you will be less likely to spend it on unnecessary items. You will therefore make the money last longer and work harder for you. Setting up a budget is crucial to help regain control over your finances. If you already have a budget setup, review it ruthlessly and start cutting wherever and whatever you can so you can return to profitability.

Another option to bankruptcy is to consider exactly what your debt is. Perhaps you have purchased a home that is more than you can afford or maybe you have too much vehicle debt. If either of these is true, you may need to consider downsizing. If you are paying out more than 40% of your income on a house loan, it is definitely time to consider selling your house and buying a less expensive one. The same applies to vehicles -- maybe this is not the time to be making payments on a Lexus when payments or paying off a late-model Toyota or Chevy makes more financial sense to keep more money in your pocket and your creditor's pockets each month. Not only do you need to consider what type of debt you have, you also need to consider what items you can sell to increase your savings. Often, selling items you no longer use can help with the month to month struggles you might be experiencing. Maybe you have a lot of old books or CD’s laying around that you no longer use. Selling off a few unwanted items can help free you from some financial burdens.

How often have we heard this one? If you are having financial hardship, cut up your credit cards. Under no circumstances should you use a credit card, not even the one you have set aside for “emergencies”. It is possible that you truly only use your credit card for emergencies. But in a time of financial difficulties, your view of what constitutes an emergency will certainly change. Without access to a credit card, the need to fix the air conditioner on your car doesn’t seem so dire. Even though you need to cut up your credit cards and not use them anymore, you must still find a way to pay for them. Begin by moving all of your credit card debt to the card with the lowest interest rate. If all of your credit cards carry a high interest rate, try negotiating with the companies to see if they can lower your rate. Very frequently, credit card companies are willing to work with you by lowering your interest rate and even allowing you to skip a payment, because they know that if you do end up filing for bankruptcy, it is very likely that they will only see pennies on the dollar.

Another option to avoid bankruptcy is to increase your income. Although this may seem very obvious to some, it is often overlooked. Cutting back on your expenses may not be enough. Therefore, working overtime or getting a second job may be the only viable option. Try delivering pizzas, mowing lawns or painting houses. If you are good with computers, there is frequently a need in most areas for someone who will fix computers or even do in-home teaching of computer basics to novices. Any extra money you can bring in each month can go straight towards your current debt. When drowning in debt, filing for bankruptcy doesn’t have to be your only alternative. There are many viable options that you can look into. So, before filing for bankruptcy, be sure to exhaust all other options. Remember, a bankruptcy filing stays on your credit report for 7 years and is as visible as a sore thumb when you apply for new credit, even when things return to a positive cash flow situation, so you definitely want to only consider bankruptcy as a LAST resort when all other options have not worked out

A lot of people are running into financial difficulty these days - especially with a lot of major corporations going through layoffs and buyouts. What this means is that plenty of people find themselves suddenly unemployed and it may take some time to get another good paying job. When financial difficulties come, and they stay around for awhile, the thought of filing for bankruptcy will come into some people's minds - especially when the debt starts getting out of hand, with no light at the end of the tunnel. Here are some thoughts about bankruptcy that will help you to make that important decision of "Should I, or shouldn't I?" Declaring bankruptcy is basically an indication that you are not able to pay the debts that you have legally incurred. For this reason, and the legal examination of your bills and the way you handle your finances, as well as the humiliation involved, makes it a rather stressful process. It means that you will have to seek credit counseling, too.
Because so many people are attempting to get out of their debts, for one reason or another, Congress has passed an Act, which was signed by President Bush in 2005, to place certain limitations on declaring bankruptcy and who can do it. This Act, called the "Bankruptcy Abuse and Consumer Protection Act," seeks to make it more difficult to declare bankruptcy and to help the creditor to receive a higher degree of compensation. This Act called for higher bankruptcy filing fees, credit counseling, and making it more difficult to file under Chapter 7, making it necessary for more people to file under Chapter 13 bankruptcy. Many other details are also covered in the Act that place further limitations on bankruptcy.

Two Types of Bankruptcy

Filing under a Chapter 13 bankruptcy means that there is a "reorganization" of your finances, and it does mean that you do repay much of your existing debt. You are required to make a plan that enables you to pay back a lot of your existing debt in the next three to five years. This means the sale of some of your properties (or all of them) in order to satisfy the debt. It is the bankruptcy Trustee who will make the decision as to what needs to be sold - not you.

Filing under a Chapter 7 bankruptcy means, once again, that the various assets that you do currently possess will need to be listed, by requiring you to take a "means test," and then a decision will be made as to what you can keep and what you cannot. Everything will fall under an "exempt" or a "non-exempt clause." You keep the "exempt" items, and lose the rest. The "non-exempt" items will either be sold, or you will be required to pay them back. Some things that are not exempt are child support and education costs.

The cost for declaring bankruptcy can run up to about $1,500 for personal bankruptcy. This includes the filing charges, and the lawyer’s fees. The fees, however, are dependent upon how much of an income you have, and it will vary from one state to another. The process of obtaining a legal declaration of bankruptcy, assuming everything is in order, can take up to six months. Once you have obtained a legal declaration of bankruptcy, all of your creditors know where they stand. For some, the debts are discharged, and others have received what will be paid to them, or they know what will soon be coming to them. However, it also means that your credit rates have been destroyed, and it will take years to fully repair this. The bankruptcy is placed on your credit rating and will remain there for the next ten years.

Are there any other options?

If you are now in a position where you need to consider bankruptcy, then there are some other options that may yet be available to you.

1. Get Credit Counseling

This means working through a debt negotiation company who will take your case to the various creditors in an attempt to work out some kind of a deal. This could be a good step in the right direction because creditors know that if you file for bankruptcy, then they may not get anything. More than likely they will work with you.

2. Renegotiate Your Loans

Once again, by talking with your creditors, you may be able to renegotiate for better loan terms. This could give you a greater leeway financially that could provide just enough of an edge to enable you to get through it with having to file for bankruptcy.