Debts and Debt Solutions

Copyright 2006 Dean Shainin

Debt Management A bankruptcy is the last option any businessman wants to take. They can cause a big dent on their credit rating and deeply ruin their reputation. But sometimes filing for bankruptcy is the only solution to get a person out of dire straits. Here are the nine steps to be followed in filing a bankruptcy:

People file for bankruptcy because they're in debt. The more debt there is, the more bankruptcies there are. Well, duh! It really is that simple. When compared to the level of borrowing, the rate of bankruptcy has remained fairly steady. In 1977, 74 bankruptcies were filed for every $100 million of consumer debt. In 1997, 73 bankruptcies were filed for every $100 million of consumer debt. Bankruptcy isn't the cause of debt but rather is the result. And it isn't the disease but rather is one of the cures. Restricting access to bankruptcy court won't solve the problem of debt any more than closing the hospitals will cure a plague.

Debt Relief Solution 1. See to it that there is no other solution that you can do to avoid filing for bankruptcy. Bankruptcy allows for a fresh start. Under the Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA"), which significantly amended the U.S. Bankruptcy Code effective October 17, 2005, prior to filing a bankruptcy case, an individual must obtain some consumer credit counselling from an entity approved by the U.S. Trustee within 180 days of the date of the filing of a bankruptcy case. Such counselling is intended to provide an individual with alternatives in filing a bankruptcy case.

1. Consider the two common bankruptcy types. The most popular is the chapter 7 (which is a straight or liquidation bankruptcy), and there is also the chapter 13 (which is a repayment plan for individuals). BAPCPA has made chapter 7 to be more difficult to file, because of the means test. Many individuals will be forced to file a chapter 13 case because of this test.
2. Research your options as it relates to filing. Some people choose to file without the aid of a lawyer. But it's highly recommended to hire a lawyer. Your research should help you decide on a lawyer. In most cases, people who choose large firms to represent them will work with a paralegal and not the lawyer. Try to find a firm in which you have direct contact with your lawyer.
3. Meet with the lawyer you've selected and go over your case. Your lawyer should be asking and answering all of your questions. They will determine which chapter is best for you, based on your financial affairs. A lawyer will also assist you with completing the BAPCPA's means test.
4. Find out how much it will cost. The fees for filing are varied. Some lawyers will charge a flat fee, while others will charge based upon the amount of debt that you have. Some lawyers will require that you pay up front before they file. Refer all creditors to your lawyer's office, once he or she has been retained.
5. Wait for a meeting of creditors. Once your lawyer has submitted your petition, you will be notified by mail with your date for a meeting of creditors (or a "341 meeting," named after the section of the Bankruptcy Code requiring it). This will allow the trustee to ensure that you have given truthful answers on your bankruptcy petition, and that you understood and agreed to filing for bankruptcy.

Our Bankruptcy staff can help guide you through bankruptcy and offer you confidential advice on whether bankruptcy is the best solution for you. There is an alternative Increasingly, many individuals see bankruptcy as a simple solution to remove severe debt problems. However, there are often longer term financial consequences which may not be foreseen. Possile Alternatives

Debt Management Services Your lawyer should have met with you prior to this meeting to go over all of your debt to ensure that it is all listed. You must also list all of your assets. He or she will also go over sample questions that will be asked at the meeting. Prior to the meeting, you should have reviewed your file with your lawyer. Once you are sworn in at the meeting, you will answer questions that are recorded.

1. In filing a bankruptcy case, do not use your credit cards. If you do so with the intent to file, a creditor can challenge the discharge of the debt owed or even your right to discharge any debt. If you obtained the debt knowing that you could not repay it, you may not be able to discharge that debt if the creditor challenges it through a lawsuit, or adversary proceeding, in your bankruptcy case.
2. In a chapter 7 bankruptcy case, the trustee will determine whether or not there are assets that can be liquidated and used to repay your creditors. If the trustee determines that all your assets are exempt, a report of no distribution will be filed with the bankruptcy court. If the trustee determines that there are non-exempt assets, they will be sold and payments may be made to your creditors. In a chapter 7 case, you may never have to pay a creditor back. In a chapter 13 bankruptcy, you will be required to enter into a 3 to 5 year plan, in which you will pay creditors as much as you can over time, taking into consideration the BAPCPA means test.
3. The 60th day after your meeting of creditors is first set is the deadline for creditors to file lawsuits to challenge the discharge of a particular debt or your entire discharge.

debt solution of last resort. The effects of a bankruptcy filing are felt for 10 years (as it stays on your credit report for that long) and can make it difficult, if not impossible, to rent an apartment, buy a house, receive insurance, credit and, as mentioned earlier, even a job. Cash Central ® strongly advises its cash advance Missouri customers to seek alternate means of improving credit and escaping debt before considering bankruptcy.

Bad Credit Debt Consolidation If no such lawsuits are filed, shortly after that 60th day you will receive notification of a discharge of debt if you filed chapter 7 bankruptcy. A discharges means that you have no further obligation to repay the discharged debt, the existence of that discharged debt may still appear in your credit reports though, and that your creditors can never collect the debt from you.

If you are wondering which debt solution is right for you read the moneysupermarket.com debt guide, written by Nick Lord who has more than 30 years experience advising on debt issues. debt consolidation, debt management, IVAs and bankruptcy. Case studies for debt

Credit Debt Solution If you filed a chapter 13 bankruptcy case, you will receive the notice of discharge approximately 30 to 60 days after your final payment has been made and the trustee ensures your payment plan has been followed and completed.

Bankruptcy is a legal procedure that provides debt relief to consumers who cannot pay their bills. The decision to file for bankruptcy is a serious step, and is usually taken when other efforts to correct financial difficulties have failed. It is one of the most severe notations you can have on your credit report. Most consumers who declare bankruptcy do so under Chapter 13 or Chapter 7 of the U.S. Bankruptcy Code.

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Credit Card Debt Dean Shainin offers online bankruptcy and debt advice. For more information, articles, news, tools and valuable resources on bankruptcy and debt solutions, visit this site: http://bankruptcy.deans-knowledgebase.com

Debt Free Solution Dean Shainin is a work at home business coach at EndlessIncomeForLife We can build you a profitable home-based Internet business. Training, support, Websites, and products are all provided! If you're looking for the *best rated* home business opportunities and the latest time saving tools, come by and grab a F-R-E-E subscription today.

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