Given the economic downturn, there is a flood of Americans in search of bankruptcy advice. The creditors are calling and they are at their wit's end. Many people already have destroyed credit, so they're looking for any ounce of relief to help them start over again. Since bankruptcy law is a complex web, there are many misconceptions about it.
The key to holding onto your assets is to seek bankruptcy advice right away. Many people facing foreclosures wait until the day before a foreclosure sale to inquire, which limits their options drastically. Even if you're only toying with the idea of bankruptcy, seeking advice can often point you in the direction of helpful credit report repair and debt management services. Homeowners don't necessarily lose their property in a bankruptcy case because they are allowed the first $10,000 in equity above all liens and judgments. For instance, say a house is worth $250,000 and the mortgage is $240,000, and assuming that the homeowner is current on mortgage payments, has little home equity and has lots of credit card debt, then he or she will still be able to keep the house after filing Chapter 7. Under Chapter 13, if an individual is behind on mortgage payments, has substantial equity and a lot of credit card debt, then he or she can still keep the property so long as the debt can be repaid. However, if the person has a $200,000 mortgage left on that same property, a trustee may sell the property, giving the individual the first $10,000, unless the debtor can come up with the remaining $40,000 in nonexempt equity. Lastly, you may still be able to buy a house, despite filing for bankruptcy, although your interest rate will likely be high and you will be required to come up with a heftier down payment.
When you're seeking advice from a credit repair attorney, be sure to double-check what can and can't be discharged. For instance, you'll still have to pay off Uncle Sam if you owe taxes for the past 36 months. However, if you have personal income taxes over 36 months old, then you can discharge them through bankruptcy. Fiduciary taxes cannot be discharged, nor can most student loans and liens. If you owe child support or alimony, you will still have to pay up. If you don't list debts on your bankruptcy petition, then they will not be covered. If you have debts from drunk driving or other "willful and malicious" harm, you'll still have to pay your dues. However, there are many things that can be removed when you file for bankruptcy, such as all unsecured credit card debt, wage garnishments, utility termination, fraudulent credit claims and foreclosure.
After you receive bankruptcy advice, there are a few things to consider before you file. First, be sure you can't negotiate with your creditors, reduce your balances with a settlement letter or arrange a monthly payment plan. Generally speaking, if you can only afford minimum monthly payments on your bills and cannot pay off all your balances in five years, then you should file for bankruptcy and then focus on credit restoration services.
It is really nice to get a brand new credit card that has a high limit. At first you promise yourself that it is just for emergencies but before long you notice that you are using that credit card for day-to-day living expenses. To make matters worse, the problem usually does not stop with just one credit card. Slowly bad credit begins to accumulate and before long you find yourself in a world of trouble. There is not enough money to pay off the bills and interest keeps piling up. Stop living this way! There are ways to rid yourself of that baggage and find a better way to live.
If you would like more bankruptcy advice "Click Here"
No comments:
Post a Comment