Because of the current economic crisis, bankruptcy is lurking in consumers mind as relief from debt. Job losses cause most of consumers in debt to struggle to make ends meet and bankruptcy seem to be a viable solution to solve their financial problems. There is a misconception as to what bankruptcy is and consumers think that bankruptcy is the right solution when it comes to getting rid of debt, especially credit card and unsecured debt. There are other ways to get relief and in any case bankruptcy should be a last resort.
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Consumers in distress do have alternative solutions to get rid of their debt quickly. Professional law based programs such as Debt Assignment and Debt Forgiveness are designed to provide credit card and unsecured debt relief in a short period of time and get credit scores restored quickly. These types of program can completely get rid of all unsecured debt and will free up cash to help prevent default on secured debt such as mortgages and can prevent foreclosure and bankruptcy.
Chapter 7 bankruptcy - wipes out the debt and gives qualified consumers a clean slate. It is for someone whose debt is beyond his/her ability to repay where assets must be liquidated to settle the debt. Chapter 7 only makes sense for consumers that are actually insolvent, such as the unemployed, those that have a large amount of debt such as medical bills, marital problems and other large unexpected expenses. Only those are good candidates for chapter 7.
Chapter 7 bankruptcy will discharge most debt except for certain liabilities. Debt is wiped out clean. It is not as easy as it may seem though. Consumers have to jump through hoops to qualify. For example consumers must pass the means test which is a series of financial test to see who qualifies. Consumers have to go to debt counseling classes and financial education classes.
Chapter 13 bankruptcy is for individuals or business owners that wish to retain their property and repay their creditors but are in financial difficulties. In another word it is for someone that can afford to make structured payments under a payment plan based on what the they can afford but the Court decides how much the payments will be that are sent to the chapter 13 trustee. The payments could last for 36 months but cannot exceed 60 months. After 36 months or so all debt is discharged regardless of how much in payment the creditors have received. It is really a Court ordered settlement.
Only the consumer with regular income and who is within a certain amount of debt limited by the Court may qualify for Chapter 13. Payments have to be current in the repayment plan otherwise the bankruptcy court dismisses the case, so no room for slip ups. Consumers already backed into a corner financially and the requirement of being current causes many of them to fail from graduating chapter 13.
Bankruptcy usually keeps the pestering creditors away but it stays on the credit report for 7 to 10 years. However Chapter 13 is a repayment plan and it spend less time on a credit report compared to Chapter 7, but the consumer is still paying back some of the debt. As well consumers have to keep in mind that it is very difficult to get any type of credit after filing for bankruptcy especially Chapter 7.
Bankruptcy is a public record and even after the credit report is cleaned up; it stays on consumer's public record. So let's say for example you complete financial form or job application, if the application asks if you have ever filed for bankruptcy, the answer has to be yes even if the bankruptcy happened a long time ago.
Consumers that want to avoid bankruptcy should consider programs such as Debt Forgiveness or Debt assignment to help get rid of debt. These programs will work almost the same as bankruptcy to help consumers seeking credit card debt relief in the fact that they can completely get rid of all of the unsecured debt. These programs will help consumers get a fresh start without the mark of bankruptcy on the credit score.
Usually Debt Assignment and Debt Forgiveness take about 12 to 18 months or so to get rid of the debt including credit restoration. Now consumers can get a brand new start. Before making a final decision on bankruptcy, make sure to educate yourself about other options available to you and consult a bankruptcy attorney to get all the details and the rules that apply to your state and to your individual situation.
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