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Avoid bankruptcy - 7 Reasons and 5 ways to avoid filing bankruptcy



Are you looking to file bankruptcy as a way out of debt? Do you know how it can affect your financial situation? Filing for bankruptcy when you're knee deep in debt can make things worse for you if you aren't careful. Not only does bankruptcy ruin your credit but you may lose your property as well. Check out the following topics to find what bankruptcy is all about, why, and how you should avoid bankruptcy.



What is bankruptcy?

Bankruptcy is a federal court process where a debtor gets the chance to eliminate or reorganize his debts through sale of assets or by following a repayment plan. Consumers typically file either Chapter 7 or Chapter 13 personal bankruptcy depending upon their financial situation.

7 Reasons to avoid bankruptcy

Here are 7 reasons to avoid filing bankruptcy.

  1. Your credit is badly hit: Chapter 7 and Chapter 13 bankruptcy have a negative effect on your credit. It brings down your credit score by around 200-250 points. Moreover, the negative entry stays on your credit report for 7-10 years depending on the type of bankruptcy you file, thereby making it difficult for you to qualify for new loans and credit for the next 3-4 years.
  2. You may lose your property: There are certain assets that will be sold to repay your debts under a Chapter 7 bankruptcy plan. Depending on your situation and your state's laws you may end up losing your home and your car.
  3. Not all debts can be eliminated: It's a myth that bankruptcy can get rid of all of your debts. Back taxes, student loans, child support, alimony/spousal support, and a few other debts cannot be gotten rid of through bankruptcy. Therefore if you are looking to get rid of these kinds of debts, you should avoid bankruptcy. What you should do is, negotiate a debt settlement or an alternative payment plan with your creditors.
  4. Creditors/lenders may repossess property: 30 Days after your bankruptcy case ends, any creditors whose debts have not been discharged can sue you for the debt if you are behind on your payments. If you have reaffirmed your home and car loans and kept the property, you are not relieved of the personal responsibility to pay on the mortgage or the loan and their liens remain on the property.
  5. Adverse effect on your finances: Bankruptcy has an adverse effect on your financial situation. For instance, you won't be able to buy or even rent a home or car. Filing bankruptcy can also influence the status of your security clearance if you don't inform your employer about your bankruptcy and why you've filed for bankruptcy.
  6. You may not qualify for new credit: Getting approval for new loans/credit is tough after you've filed bankruptcy. It'll take at least 2-4 years for you to qualify for a secured loan (such as mortgage or car loan) unless you apply for a secured credit card with a high interest rate. Even unsecured loans are hard to qualify for if you cannot avoid bankruptcy.
  7. Not all retirement plans are protected: Depending on your state's exemption laws, your 401ks, IRAs, government pension, social security, or other retirement plan may be tapped to repay your debts during Chapter 7. So, if you wish to protect your retirement savings, find out how to avoid bankruptcy with any of the 5 alternatives below.

5 Ways to avoid bankruptcy

Check out these 5 alternatives that'll help you avoid filing bankruptcy.

  1. Debt settlement: This can be an option, especially when you cannot keep up with the minimum payments on your debts. A debt settlement (or debt reduction) program is where you negotiate with your creditors to reduce your debt.

    You can either get help from professional settlement services or settle debts on your own. Check out how to settle your debts yourself and avoid bankruptcy as a way out of your debt problems.
  2. Debt consolidation program: If you wish to avoid bankruptcy and make a single monthly bill payment at a reduced interest rate, then a debt consolidation program may be the right choice.

    A debt consolidation program is where you consolidate your bills into one easy monthly payment by taking out a low interest loan to pay off your debts. Thus, it makes sense to choose debt consolidation in order to avoid bankruptcy.
  3. Debt management: This is where a credit counseling agency or a debt management firm helps you reduce your interest rates and penalties. You then make your monthly payments to the consolidation company and comfortably manage your bills to get debt free faster.
  4. Payday loan consolidation: If you're struggling with payday loans and want to avoid bankruptcy, then payday loan consolidation is what you should choose. This is where you consolidate and replace multiple payday loans with an affordable monthly payment.
  5. Do it yourself plan: The Do it yourself (DIY) plan is where you try getting out of debt on your own without going for professional debt help. To make your DIY plan effective, you need to negotiate with your creditors and offer them an amount depending upon how much you can afford to pay. You'll have to plan a budget to manage your daily expenses in addition to paying off your debts.

If you're having trouble paying your bills, the best thing is to contact your creditor ASAP and work out a payment plan you can afford. It'll help you avoid bankruptcy and protect your credit in times of financial crisis. What's important is to analyze your financial situation and find an appropriate solution to your debt problems. Compare the consumer debt solutions in order to choose the one that's best for you.



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Send message to garogarov
Sub: #1 Avoid bankruptcy - 7 Reasons and 5 ways to avoid filing bankruptcy
Replied on 02-03-2008, 09:56 PM
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Does anyone know the exact procedure for bankruptcy.thanks in advance.




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Send message to Shazzers
Sub: #2
Replied on 02-04-2008, 07:09 AM
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There are different types of bankruptcy, are you talking about complete liquidation? The first step is to see an Attorney for a consultation, usually most Attorney's offer a free initial consultation. With the new bankruptcy laws, you can then see if you qualify. I can tell you that there is a massive amount of paperwork involved.


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Send message to erinshoan
Sub: #3 Bankruptcy procedure - do it yourself
Replied on 02-04-2008, 10:20 AM
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My mom recently filed chapter 7 bankruptcy through a company called US Bankruptcy Centers (www. usbankruptcycenters.com). They ran her credit reports and prepared all the forms for her. All she had to do was sign the forms and send them to the bankruptcy court in Milwaukee. A few weeks later she met with a trustee that asked her a few questions. She had to provide some recent paystubs to the trustee to show her income. Then she got her final discharge in the mail. She didn't have to appear in court and she didn't need an attorney. The hardest part about filing bankruptcy is filling out all the forms (around 50+ pages) but the bankruptcy place did all that for less than 200 bucks.




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Send message to Shazzers
Sub: #4
Replied on 02-07-2008, 08:38 AM
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That's interesting, but I am sure there were some fees involved, how much did this end up costing her? Is this legit, for sure?


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Send message to kashzan
Sub: #5
Replied on 02-07-2008, 08:46 AM
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Erin, for 200 that is excellent. And yes it is legit if she already got her discharge papers from the court.




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Send message to Shazzers
Sub: #6
Replied on 02-07-2008, 09:03 AM
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I actually did a search about this company at the BBB and didn't find anything. It seems almost too good to be true, I am definitely going to explore this further. That would be a wonderful solution for people who are not able to afford all the Attorney fees!



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Send message to Sassnlucy
Sub: #7
Replied on 02-07-2008, 09:25 AM
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I could be wrong but I think it is too good to be true. At least here in Ohio you are required to go to court..............if they are legit, less than $200 is a heck of a deal though!

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Send message to Shazzers
Sub: #8
Replied on 02-07-2008, 09:53 AM
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I'm a little skeptical myself, but, I hope it's for real!




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Send message to goudah2424
Sub: #9
Replied on 05-27-2008, 02:57 PM
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That maybe less then $200 to do the papers - Which is about the same price as any online bankruptcy mill/preparer.

You still have to pay the filing fee of $300, and the counseling classes $100, so your total would still be at least $600.

Also, you are not required to go to court for a chapter 7, you only have to go to the meeting of creditors, which is what the OP described above.

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Send message to s.mckaybiz
Sub: #10
Replied on 05-31-2008, 05:35 AM
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It definately seems a little shady. As far as I know you do have to pay filing fees but I guess those are actually atty fees which could be avoided if you filed your own bankruptcy. But what about the classes. According to the new bankruptcy laws I thought that the only way that you could file for a bankruptcy is if you agreed to take counseling classes.



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Send message to goudah2424
Sub: #11
Replied on 06-03-2008, 03:33 PM
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The filing fees are what you pay to the BK court to file the paperwork - Not avoidable.

The counseling classes cost $100 total - Not avoidable.

At best, it would cost you $400 to file for Chapter 7, and that is doing everything yourself. Any cost would start with that and then add on what you are paying someone else to do it.

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Send message to phoenix
Sub: #12
Replied on 06-03-2008, 09:57 PM
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Dear Garogarov,

I am giving the steps involved in filing chapter 7 bankruptcy: -
1. List the details (Name, Address, Debt amount) of all your lenders
2. Make a list of your properties
3. Take a detailed note of your monthly expenses required for your living
4. Now, fill up the bankruptcy form and submit it in your nearest court
5. After this the court will issue an “automatic stay” order on your accounts. This will bar your creditors from contacting you for debt recovery. In addition, they will also be restricted from filing any lawsuit against you or ask for wage garnishment.
6. 20 to 40 days after your petition filing you have to appear for 341 meeting which usually continues for 15 to 20 mins. In this meeting you have to sit in front of your creditors and explain your inability to payoff their debts. After hearing your point they will, for the last time, insist you to make 50% of their payment. If you are still unable to do that, then your creditors will cease from contacting you further.
7. Your petition will be accepted by the court and the trustees will liquidate your non-exempt assets.
8. Court will accept your discharge (generally takes 2-3 months) by sending an official mail of discharge notice.
9. Discharge notice will officially release you from paying off your past debts and thus restrict your lenders in taking any legal action against you or your property.

The costs involved in it include: -
• Fee for filing bankruptcy
• Surcharge for trustees
• Miscellaneous fees

The total costing of all the above mentioned fees comes round to $200. The payment of this sum can be made within a time frame of 4 months.

But it is always advisable to try and avoid bankruptcy because it will cause mayhem to your credit score and will remain in your credit report for 10 long years, though its intensity decreases with the passage of time.

So, before filing for bankruptcy, you should consult a debt counselor for avoiding negative consequences. You can also get a Free Counseling from one of the expert debt counselors of our community through the link: - http://www.debtconsolidationcare.com/debt-solution.html .

Regards,

Phoenix

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Send message to tweetyturner
Sub: #13
Replied on 06-04-2008, 04:22 AM
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hi garogarov,

Though you have already received some good advices from the other members of the site, I'm only trying to push my two penny worth of knowledge forward.

Its important that you decide first that whether you should file ch-13 or ch-7. Chapter 13 helps you to set-up a repayment plan with your creditors and can help you in protecting some of your assets, while ch-7 is more severe in nature. Hence, you need to decide first which way to choose.

If you have a regular income and have assets to protect, I'd rather request to look into the possibility of filing ch-13 instead of ch-7. And as Phoenix has suggested, try to avoid bankruptcy altogether if you can.



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Send message to goudah2424
Sub: #14
Replied on 06-04-2008, 07:47 AM
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Phoenix - I think you are thinking of pre 2005 - With the new laws all BK's are federal and there are some very stict laws in place.

The filing fee is $300 - That is for Chapter 7.

The counseling costs $100

That is $400 total, that is the least you could possibly pay to file for Chapter 7 bk.

I don't know where you got the $200 total fee, but that is very old information.

Also, the paperwork to file for BK has increased since pre 2005, and there are pages and pages of papers to fill out. You make it sound very easy, but it is not as simple as listing your creditors and properties and filling out a form. It's actually now a very complicated process.

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Send message to paulmergel
Sub: #15 reply
Replied on 06-04-2008, 08:06 AM
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exactly goudah,that prevented me from filing.the bankruptcy laws have changed.i filled out about 10 pages at least of info.the fees are right too,plus you have to get a paper stating you went to a debt class,seminar i can't recall what it was,but you had to complete it before the debt test was given to make sure which bk you qualified for.things have changed from when my brother filed 10 yrs ago.

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Sub: #16 foreclosure and bankruptcy
Replied on 02-28-2010, 09:19 PM
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I was able to get a modification from the bank for my first mortgage, however the second mortgage will not cooperate at all. We have been in negotiations with the first and the second for two years. I am able to pay the first mortgage on time now but cannot pay the second. We have tried offering them a settlement, offering to pay a smaller amount than owed and we cannot get any help from them, we are now months behind on the second and have not even heard from them for several months. We believe that our only way out is to foreclose on our home and then file bankruptcy. Even then we are not sure if we can eliminate the debt. Any suggestions? We are desperate.




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