Everyone makes mistakes, sometimes expensive ones. Credit card debt in America has risen to a record $790 billion, and many Americans owe more than $20,000 on an unsecured credit card. Despite how immersed in personal debt people are, there is still a reasonable hesitation about taking “the easy way out” by declaring bankruptcy. Naturally, bankruptcy advice is the most valuable asset some families can have at this difficult time in their lives.
The key to holding onto your assets is to seek bankruptcy advice right away. Many people facing foreclosures wait until the day before a foreclosure sale to inquire, which limits their options drastically. Even if you’re only toying with the idea of bankruptcy, seeking advice can often point you in the direction of helpful credit report repair and debt management services. Homeowners don’t necessarily lose their property in a bankruptcy case because they are allowed the first $10,000 in equity above all liens and judgments. For instance, say a house is worth $250,000 and the mortgage is $240,000, and assuming that the homeowner is current on mortgage payments, has little home equity and has lots of credit card debt, then he or she will still be able to keep the house after filing Chapter 7. Under Chapter 13, if an individual is behind on mortgage payments, has substantial equity and a lot of credit card debt, then he or she can still keep the property so long as the debt can be repaid. However, if the person has a $200,000 mortgage left on that same property, a trustee may sell the property, giving the individual the first $10,000, unless the debtor can come up with the remaining $40,000 in nonexempt equity. Lastly, you may still be able to buy a house, despite filing for bankruptcy, although your interest rate will likely be high and you will be required to come up with a heftier down payment.
When you’re seeking advice from a credit repair attorney, be sure to double-check what can and can’t be discharged. For instance, you’ll still have to pay off Uncle Sam if you owe taxes for the past thirty six months. However, if you have personal income taxes over thirty six months old, then you can discharge them through bankruptcy. Fiduciary taxes cannot be discharged, nor can most student loans and liens. If you owe child support or alimony, you will still have to pay up. If you don’t list debts on your bankruptcy petition, then they will not be covered. If you have debts from drunk driving or other “willful and malicious” harm, you’ll still have to pay your dues. However, there are many things that can be removed when you file for bankruptcy, such as all unsecured credit card debt, wage garnishments, utility termination, fraudulent credit claims and foreclosure.
Most bankruptcy advice tells you to choose either Chapter 7 or Chapter 13. Chapter 7, also known as “straight” bankruptcy or “liquidation,” requires a debtor to give up property which will be sold off to repay creditors. Chapter 13, or “debt adjustment” bankruptcy, requires a debtor to file a plan to pay part of the debts, while liquidating the rest. Chapter 11 is for businesses and large-debt individuals, while Chapter 12 is reserved for family farmers. Remember that bankruptcy should never be viewed as an “easy way out” for repairs to a financial situation, but rather, as a last resort.
Do you know a nasty four letter word that most adults face every single day? No, it is not a curse word though to be honest…it feels that way. It is debt. This four letter word is responsible for people feeling as if they will never be free from the shackles of credit card bills and loan payments. You do not have to live your life around that four letter word. You can be free and be rid of the bills and credit card payments.
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