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| Articles: (Updated Frquently) |
| The Facts About Personal Bankruptcy |
| By: Jay B Stockman |
The thought of personal bankruptcy is very frightening, however over 5.4 per 1,000 people have filed for bankruptcy last year, and this rate has been growing at an average of nearly 7 percent. Researchers have determined that the primary cause of personal bankruptcy is uncontrollable levels of consumer debt oftentimes coupled with an unexpected event, such as a major medical expense not covered by insurance, the loss of a job, divorce or death of a spouse. According to economists’ surveys, the classic bankruptcy filer is a blue collar, high school graduate who is the head of a household in the lower middle-income class with heavy use of credit. In order to protect both debtor, and creditor,
laws were enacted to provide equal, and fair measures to satisfy the objectives of all parties. The primary purpose of the laws of bankruptcy are: (1) to give an honest debtor a fresh start in life by relieving the debtor of most debts, and (2) to repay creditors in an orderly manner to the extent that the debtor has property available for payment.
There are two types of structured plans for filing for personal bankruptcy, Chapter 7 or Chapter 13. Over two-thirds of personal filers choose Chapter 7 bankruptcy. Basically Chapter 7 requires the debtor to liquidate all non-exempt assets, and have them distributed among creditors. Some examples of exempt assets include equity in a primary residence, and a retirement program. On the other hand, Chapter 13 does not require liquidation, rather a debtor agrees to a specific payment plan, whereby a portion of any unsecured debts is paid, and the balance is forgiven. It must be stressed, that under both plans, certain debts are ineligible for bankruptcy protection. These debts include government student loans, child support, alimony, and income tax debt. These must be paid back in full.
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Some analysts are concerned that this unprecedented level of debt might pose a risk to the financial health of American households.
In an attempt to reverse the increasing trend in personal bankruptcy, the federal government has recently implemented sweeping bankruptcy reform legislation. On March 10, 2005, the Senate passed S. 256, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
On April 20th, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (Bankruptcy Act of 2005). This act makes filing for bankruptcy more difficult through income-means testing, tougher guidelines for the homestead exemption, increased lawyer liability and required credit counseling.
About the Author
Jay B Stockman is a contributing editor for Online Bankruptcy Resources Visit http://online-bankruptcy-lawyer.com/ for more information.
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| You Don`t Have To Declare Bankruptcy To Deal With Your Debts |
| By: John Williams |
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Considering filing bankruptcy? If your finances are in ruins and you're considering filing bankruptcy, there's a few things you should know.
Bankruptcy is not your only option. Millions of people credit is devastated by bankruptcy every year. Though filing a Chapter 7 Bankruptcy will clear you of any obligation to creditors, it is devastating to your credit and will ride your credit report for ten years.
There are several alternatives to bankruptcy depending on your current situation. You may consider:
Debt Consolidation- Debt Consolidation is an easy and timely alternative. A Debt Consolidation Counselor will evaluate your current situation and past debt and develop a budget for you.
They will negotiate payment options with your creditors and simply provide you with the alternative to make one easy monthly payment to them and they will disburse the payment among your creditors. The benefits include:
* Usually, a lower monthly payment
* Lower percentage rates
* Debt payoff in a timelier manner
* Less contact from creditors or no contact from creditors
* You will be able to keep your credit at satisfactory standards versus the harsh impact a bankruptcy would have on it
* You're able to obtain new credit
* And with the money you save with the advantage of a lower monthly payment plan you can contribute to a Savings Account or Retirement Account
The above benefits are just a few of the benefits of Debt Consolidation versus Bankruptcy.
Another alternative is a Personal Loan or Debt.
Consolidation Loan. This is one large loan to pay off smaller loans or debts. With one large loan, you will normally have a lower percentage rate and a longer pay off period. The benefits include:
* The ability to pay off debts in full
* No more harassing phone calls from creditors
* Your credit will be saved from derogatory accounts and collections * Low percentage rate
However, in order to obtain a Personal Loan or Debt Consolidation Loan you will need satisfactory credit. Though there are alternative to filing bankruptcy; in some cases, bankruptcy is the only option.
Before deciding whether to file bankruptcy or consolidate, consult a financial advisor. He or she should be able to give you advice after evaluating your situation and current credit standings.
Copyright © 2005 John Williams
Resource box: Discover the debt consolidation alternatives to Bankruptcy. Find out useful advice and information. Click ==> http://www.debtconsolidation-easy.com/
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