Friday, February 27, 2009

Considering Bankruptcy?

By John Cooper

Is your current credit situation making you consider filing for bankruptcy? Filing bankruptcy is a "last-resort" option for people who are experiencing extreme problems paying their bills.

Often, those who file for bankruptcy has many negative marks on their credit report. They typically have been declined for credit recently, have lenders calling them and have bills which they pay late or not at all.

It is common for there will be a home or vehicle which has been repossessed, or under the threat of repossession.

If you are experiencing debt problems such as these, then surely you are looking for relief. Not being able to pay your bills is stressful and truly exhausting.

If you are considering bankruptcy, it is critical that you learn the permanent consequences of a bankruptcy.

Bankruptcy laws were made with you in mind. When you file for bankruptcy, most or all of your debts will be closed.

This happens after your assets are divided amongst your creditors. This is possible, through bankruptcy, even if your assets don't pay all your debts.

The simple version of this procedure is known as liquidation, or Chapter Seven (7) bankruptcy. Chapter 7 bankruptcy is the most common type of bankruptcy. A "trustee" or government employee handles all the administrative and supervisory duties of the bankruptcy proceedings.

Chapter 11, 12, or 13 Bankruptcy will give rehabilitation to your business, and the choice of using future earnings to pay creditors. Once you start the bankruptcy proceedings, lenders can no longer attempt to collect your debts.

In addition, you will not be able to transfer any assets that are part of the estate. You will not be able to hide your savings account or gold coin collection with a trusted relative! And, transferring ownership of assets before filing bankruptcy typically does not work, and many are invalidated.

Recently, the Supreme Court ruled that retirement savings do not have to be included in your assets that are liquidated.

Bankruptcy and your credit reports - regardless of which bankruptcy you choose, it will typically remain on your credit reports for 7 or 10 years. Filing for bankruptcy frees you from your existing creditors, but not from any future creditors.

If you do decide to file bankruptcy, it will narrow your options. Good credit is possible to restore, but it will take some time and considerable patience.

Things to remember:

1. Any negative item can potentially be removed from your credit report.

2. New, current good credit lines will make your score improve.

3. Old, derogatory credit falling off your report will also boost your score over time.

4. You must monitor your credit reports regularly - and dispute questionable derogatory marks such as charge offs, collection items, and late payments.

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