Sunday, January 6, 2013

Alternatives to Bankruptcy

In today's economic climate, a vast amount of people are dealing with the loss of their job, having difficulty finding a new one, and underwater mortgages. A poor economy can also have a direct correlation between marital stresses; hence more divorces and more money issues.

Between unemployment, losing one's home to foreclosure, and divorce, millions of Americans are experiencing serious financial turmoil. These types of problems lead people down the path to consider filing for bankruptcy. Even people, who don't suffer from any of the above afflictions, can be contending with mountains of medical bills that equally create a substantial amount of stress.

A car accident, or a life-threatening disease such as cancer can costs hundreds of thousands of dollars if not more, and these numbers are even greater if the sickened or injured individual is not covered by some kind of insurance. Having a serious illness in a family, can wreak havoc on a family's finances. These families can drain their 401k, breadwinners can be forced out of the workforce due to their injuries or illness, or they can be forced to care for an injured or ill spouse or child. All of which, can make it impossible for the family members to keep up with their medical bills, let alone their daily living expenses. Being in this situation can be quite exasperating, leaving families desperate for a reasonable solution.

When people are having serious difficulties keeping up with their monthly or daily living expenses, they should consider all of their debt relief options. Some people may not qualify for a Chapter 7 (debt liquidation) bankruptcy, where others may qualify for a Chapter 13 (debt reorganization) bankruptcy instead. Some people may wish to avoid filing for bankruptcy altogether and therefore, may wish to examine their alternatives to bankruptcy.

Bankruptcy is a personal choice, and people have to weigh all of the advantages of filing bankruptcy against the disadvantages of filing for bankruptcy before they make an official decision. One alternative to bankruptcy is debt consolidation. With debt consolidation, the debtor takes out one large loan to pay off all the smaller loans. Typically, the larger loan has a lower interest rate; therefore, the debtor pays less in the long run.

Another alternative to bankruptcy is debt settlement. With debt settlement, a bankruptcy attorney contacts your creditors and negotiates with them for smaller balances and/or lower interest rates. The goal is for the lawyer to come up with an agreement that is lower than what you owed previously, and as a result of this agreement the payments become more affordable.

Loan modification is also a tool that a bankruptcy lawyer may use when helping a debtor. With loan modification, the terms and conditions of your mortgage are lowered so that your monthly payments are lowered and made more manageable.

With both loan modification and debt settlement, the concept is that creditors usually prefer to get something out of the debtor as opposed to nothing, which is what would happen to some creditors (namely unsecured creditors) if the debtor were to file for bankruptcy.

If you are presently dealing with out of control debt, and if you would like to learn more from a qualified attorney about all the debt relief options available to you, then contact a bankruptcy attorney as soon as reasonably possible. They may be able to help you take back control of your finances so you can face a brighter tomorrow through bankruptcy alternatives.

Saturday, January 5, 2013

How To Go About Getting A Loan During Your Bankruptcy

Car loans during bankruptcy are a little different than car loans after a bankruptcy. If you are still in the process of going through the bankruptcy and have not yet received the discharge, an auto loan may take a little more work on your part.

This article is going to discuss a few helpful hints for car loans during a bankruptcy. There are additional things that need to happen in order to apply for an auto loan with these circumstances.

First, let me briefly explain the process of a bankruptcy. Most often someone will retain an attorney to file bankruptcy. Once the bankruptcy has entered the court system, the court will assign an estate trustee. Now you have a legal team working together to work through the resolution of your financial debts.

In order to see the greatest benefits for finding a fresh new financial beginning, it is a good idea to use the expertise of this legal team. Their advice and opinions can truly help you in getting your feet back on the ground and start reestablishing your credit right away. There is no need to wait to start over and start building your credit score back up again.

When considering an auto loan during bankruptcy you may want to present your situation to your legal team and allow them to guide you through the best process for getting a car loan. Your court appointed estate trustee has access to both your income and your monthly bills.

Once the estate trustee sees that you will have the room in your monthly budget for a car loan, he can write a letter of permission for obtaining a car loan. This letter will be attached to your bankruptcy papers and presented to the judge. In addition, this letter will provide permission to prospective lenders that it is okay to give you a loan.

If you are trying to secure an auto loan during a bankruptcy, this permission is critical to the dealership.

It is best to be up front and honest with the auto consultant who is helping you. Meet with someone who specializes in subprime auto loans and explain that you are looking for an auto loan during your bankruptcy. Present the letter of permission to the person helping you and allow them to begin working for you.

You may be surprised to find out what your options are and that you may be able to qualify for a car loan the day after you file bankruptcy.

Friday, January 4, 2013

Getting A Used Car Loan After Bankruptcy Can Be A Wise Choice To Rebuilding Your Credit

A used car loan after bankruptcy can be a real asset to begin rebuilding your credit score. Securing a loan and making the payments on time can work like a charm by allowing you to build a positive credit history and get back on track financially.

If you have recently filed bankruptcy and had to give up your vehicle as part of the discharge, you may not be stuck out on the highway with no wheels. Today there are lenders who work closely with those that have poor credit to obtain a used car loan after bankruptcy.

You can begin by doing a search for subprime lenders in your area to find such a loan. Not all car dealerships offer this service and to prevent even higher interest rates you may want to avoid those that do not work with bankruptcy car loans.

Finding an auto consultant who will work closely with you to get a used car loan could end up being your best ally. Auto consultants are usually more concerned with your situation and getting you the right terms and car, instead of just selling you a car today. Tell them your complete situation so they can be sure to get you a loan that you can afford each month.

Another key to getting a car you can afford each month is to be careful of dealerships that want to put you into a brand new car. Where it is true, there are some salesman who will offer you a loan on a new, never been driven vehicle, this may not be the best choice.

The first reason is that more than likely you will be paying top interest rates and this will cost you more money in the long run. In addition, a car loan on a new car will most likely be stretched out over 5, maybe even 6 years. This scenario will total more interest over a much longer term, which means the car will end up costing you much more money. Plus you will have more depreciation on a new car than you would a used car.

This is a common reason for people finding themselves upside down on their auto loan. Being upside down means that you owe more than the car is worth. If you were to consider selling it or trading it in before the term of the loan is fulfilled, you could be left owing more than you get for the trade or the sale.

Consider a quality used car loan after bankruptcy to help you save money and keep you on a budget you can manage. This could be your best choice to put your finances back on track and begin looking forward to a brighter financial future. Remember, bankruptcy is not the end of your life.

Thursday, January 3, 2013

Chapter 13 Bankruptcy Car Loans

Chapter 13 bankruptcy car loans are available to those who find themselves in need of a different vehicle after restructuring their debts. However, there may be some hoops you will need to jump through. Let me explain further.

When someone files a chapter 13 bankruptcy they are agreeing to pay off their debts within a 3 to 5 year period. Chapter 13 consolidates all your debts and requires cooperation with your creditors to restructure a new payment plan to pay off your existing debt.

Typically, you are agreeing to make the regular payments along with an added amount each month to help you get caught up on your debts that may have fallen behind. Additionally, this type of bankruptcy will do less damage to your credit score versus a chapter 7.

With this form of bankruptcy, you are able to keep your major purchases such as your home and your car. However, what happens if your car should start leaving you with heavy repair bills before the 3 to 5 year pay-off plan?

If this happens to you, you will need to contact your bankruptcy attorney who works with your court appointed trustee. Getting chapter 13 auto loans require permission from your estate trustee. In addition, you will be asked for a valid reason and proof for needing a chapter 13 auto loan.

This may seem a little harsh but the trustee really does have your best interest at heart. He wants to assure that you stay on the well thought out plan to getting your finances back on track. Nor does he want to put your current creditors at risk because you have made a promise to them. You will have to convince the trustee that you have a real need for a new vehicle as well as your plans to repay the new car loan.

To prepare your presentation to the Chapter 13 trustee, you will need to find a dealer or auto broker who can find realistic terms for a loan. You will want to show the trustee that you have found a reasonable interest rate as well as a car that is mechanically sound enough to last the duration of your Chapter 13 repayment term.

Another point to consider, your current loan will need to be paid off before you can get your next car. So, you will have to be sure that you can either sell your car or trade it in to collect enough for the balance of your current car loan.

Research an auto consultant dealer that works with specialized situations such as chapter 13 bankruptcy auto loans. Set up a meeting with them to get pre-approved. Do the preliminary paperwork including the interest rate, monthly payment as well as any other fees you will be charged.

An auto consultant may be able to help you more than a regular dealership because they tend to cater more to individual needs, instead of just trying to make a car sale.

Wednesday, January 2, 2013

Is Bankruptcy Ever a Good Idea?

In the good times we are often tempted to take on as much debt as we can afford. However, recent economic conditions have resulted in many businesses going to the wall and people losing their jobs. For many people this has meant that they can no longer afford to finance their lifestyle.

As the economic storm clouds gather and jobs lost the psychological pressure on those struggling to make ends meet can become too much. In addition, the media is awash with companies purporting to get you out of debt and giving you a clean financial start. If these two aspects can often combine to make bankruptcy look irresistible.

However, there is a problem here in that people's judgement can often be clouded by the stress they are under. Financial freedom is not the result of bankruptcy.

These adverts are designed to make you feel that bankruptcy is simple and that having gone through the process everything in the garden will be rosy. The fact is that these companies behind these ads do very nicely financially, but fail to fully explain the real consequences of bankruptcy.

The downsides of bankruptcy are many and serious. The bottom line is that the majority of your assets will be sold, including your home and cherished possessions, and your credit rating will be in tatters, your financial credibility destroyed.

Very often credit cards can be the root cause of one's bankruptcy. You may think that not having a credit card will be of real benefit to you after bankruptcy. However, credit cards can often act as a short term buffer for unexpected costs, and people often underestimate their value.

In fact the best way to improve one's credit rating is to demonstrate that one can handle credit responsibly. This can be extremely difficult to do after bankruptcy, as any sort of borrowing, even a simple overdraft, can be very hard to obtain. If you cannot obtain any sort of credit, how are you going to demonstrate that you can be financially responsible?

And this is what most companies and organisations specialising in "debt relief" failed to point out, at least in their sales literature. They concentrate on the appeal of being free from your debt and the stress that comes with it, but failed to emphasise that after bankruptcy one's financial life can still feel impossible.

Before deciding on the bankruptcy path, you should explore every single possibility of raising money to pay off some of your debt. Swallow your pride and contact friends and family, this can be very damaging to one's pride but if you go bankrupt everybody's going to know you're broke anyway. Problem is the most important thing you can do, is to have a third party who can think clearly go through your financial position and see if they can come up with an alternative to bankruptcy.

Tuesday, January 1, 2013

If I Declare Bankruptcy, Will That Clear All My Debts?

Everyone want to avoid being in debt. However, things happen, by choice or by chance, and everybody is indebted at times during their lives. Unfortunately, especially in these recessionary times, debt can get out of control. Your home phone is constantly ringing with collectors on the other end. Maybe your boss is complaining about phone calls the collectors make to him. Maybe you are in danger of going into default on some loans or the late fees are piling up.

Once you are at this set circumstances, you may be thinking about declaring bankruptcy to get rid of this nightmare. However, you are hesitant because of all the horror stories you have heard. You hear about people losing all their property, their homes, and any money they may make in the future. The most confusion seems to circle around whether all of your debt will be cleared away.

There are a couple of ways to approach the problem and timing is key. Your first step should be to consult a bankruptcy counselor, usually a lawyer. Their professional knowledge and experience will be put to use to your advantage. The will help you understand why timing is important. They will guide you so that you remove as much debt as is legally possible.

Bankruptcy Chapter 7 and Bankruptcy Chapter 13

There are two types of bankruptcy offered to consumers overwhelmed by uncontrollable debt. Chapter is a total liquidation of you every debt that you have current at the time of the bankruptcy declaration. It also calls for the complete liquidation of all valuable property you may own. The sale of this property will go to satisfy as much of the debt as it will cover. You are starting all over.

Chapter 13 is a way for you to repay your debt in a controlled manner and you do not have to forfeit any property. The debt is paid over time, usually via wage garnishment. But collectors can no longer hound you as they will be paid in time under the direction of the bankruptcy court.

Bankruptcy and Timing

Timing is important when it comes to bankruptcy for some obvious reasons that still are often overlooked. If you are facing a foreclosure of your home or other property, you need to start the bankruptcy process well before you lose it. However, if there is not imminent danger of losing real property, you may want to delay the bankruptcy if a large bill is about to come due. For instance, if you have a huge medical bill for a hospital stay or expensive treatments, you will want to wait so that the bill is wiped clear when the process is finished.

Another timing aspect has to do with getting help. Do not procrastinate on getting a counselor or lawyer to start the process. When they asses your financial circumstance, they will be able to help you time the procedure to cover all possible debt. The sooner you seek help, the sooner the situation can be brought under control. If your debt has become impossible for you to control, get help immediately.


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