Filing bankruptcy is another alternative to getting a “fresh start”, but due to the New Bankruptcy Law, going bankrupt has become more complex and expensive than ever before. The new law that went into effect in 2005 added new requirements and regulations that have made the process of filing bankruptcy more complicated.

Less Consumers Will Be Given A “Fresh Start”

According to the new law, consumers with an income higher than the median for their State won’t be allowed to file under Chapter 7 and see most of their debts cancelled. Instead, they’ll need to file under Chapter 13 and commit to a repayment plan. This repayment plan could last up to five years.

More Consumers Will Have To Live With Less

While under the old law the court decided what were basic living expenses in order to calculate a debtor’s disposable income, under the New Bankruptcy Law, the IRS will make this decision for all debtors whose income is higher than the median for their state. Doesn’t seem like a big deal, does it? The problem is that actual living costs are generally higher than the allowed expenses established by the IRS.  This means many debtors will have to live on less money since, for instance, internet, cable, and eating out might not be regarded by the IRS as basic needs.

Consumers Will Need To Spend More Of Their Time and Money

Under the new law, consumers will need to take Credit Counseling and money management classes within the six months before filing. Needless to say, they must pay for these services. Moreover, Bankruptcy Attorney fees are higher than what they used to be. Why? Simple: the new law requires a Lawyer to vouch for the precision of his client’s paperwork. Any inaccuracies could mean he’ll be fined. Thus, there’s more liability involved in each bankruptcy case, and with more liability comes more time devoted to each client and, as a direct consequence, higher fees.

Is Filing Bankruptcy Your Best Option To Getting Out of Debt?

Sometimes it’s just the last resort. Keep in mind there are other debt options to fix your finances. Approaches such as debt settlement and credit counseling have proven to be effective in many cases. However, sometimes a consumer is so deeply in debt bankruptcy truly is the only option he has.

Because every case is different, I advise you to keep researching about your different financial options. If bankruptcy is a path you’re seriously considering taking, contact a Bankruptcy Lawyer to examine your case in detail. Don’t jump into any decision yet. Take the time to analyze your situation and the results of choosing one financial alternative over another.

Credit Card convenience vs. Credit Card debt

We often see people pull out ‘plastic’ to pay for everything they need. Why not? When all it takes is a quick swipe of the card through a little electronic box and a signature then, everything’s okay. You go home happy, content, and almost worry-free. On the other hand, not every one of these people realize that the convenience of using credit cards can lead to a false feeling of financial security. And this realization will strike them as soon as the bills arrive.

In fact, studies show that credit card debt and personal bankruptcies have increases bank profits to the highest level in the last five years. It only shows that more and more credit card holders were unable to manage their finances that lead to credit card debt. If you are a cardholder and having some credit card debt troubles at this early stage, it now time to think over the possible outcomes of this minor glitch so that a more serious problem with credit card debt would cease to arise.

Credit card gives people the feeling of invincibility. And it also gives them tons of uncertainty about their financial management capability when they encounter problems with their credit card debt. Although it is true that that credit cards solve financial matters especially when it comes to safety and convenience, credit cards also creates hassle especially when the person using it doesn’t know what you he or she’s getting into.

Indeed, paying off credit card debt may take a long time especially if the person has high interest rates. But, it doesn’t mean that you can do nothing about efficient management of credit card debt. When you find yourself overwhelmed with credit card debt, don’t fall into a pit of depression. You can get through it with discipline and a change in spending patterns.

Start eliminating problems with credit card debt by getting tips and techniques on how to pay off your balances easier, how to consolidate of frequently encountered problems, look for free debt consultation agencies that can help you, and try inch by inch to rediscover ways on how you can regain your financial freedom by reducing you credit card debt.

The power to eliminate credit card debt

People who are having problems managing their credit card debt or those who are near in bankruptcy often don’t realize that the power to eliminate their credit card debt troubles totally is in their hands. Today, more and more Americans need credit card debt help badly. The main problem is that these families are having difficult times paying high interest for credit card debt. And instead of lifting the burden of credit card debt, more people are paying much in interest every month than that of the actual expenditure.

There are actually more lawful and moral ways to zero-out thousands of dollars in credit card debts. And if you only take the time to research and know your rights and how bankruptcy laws have changed, you will discover that there are valuable facts to eliminate credit card debt. Actually, the possibility of reducing or eliminating the high interest credit card debt is now more possible when a person takes action to get his or her finances back on track.

Apart from knowing your weapon in terminating credit card debt, it is very important that you develop a sense of control and perseverance first. Since credit card debt elimination process requires organization, clarity, and commitment to your own growth, it is a must that you are ready for the responsibility and to stand free and independent.

For those people who consider having a credit card indispensable but afraid of getting one because of the possibility of credit card debt nightmare, you must remember that credit card can be a powerful tool in managing your finances but there will always be glitches when not used properly. Of course, there are countless reasons why you should and shouldn’t get one depending on your needs. Whether you decide to get one or not, managing finances it still takes a sense of good budgeting, willingness to change spending habits, and the humility to avail low interest consolidation loans when you are already burdened by too much credit card debt.

Credit Card convenience vs. Credit Card debt

We often see people pull out a plastic to pay for everything they need. Why not? When all it takes is a quick swipe of the card through a little electronic box and a signature then, everything’s okay.

You go home happy, content, and almost worry-free. On the other hand, not every one of these people realize that the convenience of using credit cards can lead to a false feeling of financial security. And this realization will strike them as soon as the bills arrive.

In fact, studies show that credit card debt and personal bankruptcies have increases bank profits to the highest level in the last five years. It only shows that more and more credit card holders were unable to manage their finances that lead to credit card debt.

If you are a cardholder and having some credit card debt troubles at this early stage, its now time to think over the possible outcomes of this minor glitch so that a more serious problem with credit card debt would cease to arise.

Credit card gives people the feeling of invincibility. And it also gives them tons of uncertainty about their financial management capability when they encounter problems with their credit card debt. Although it is true that that credit cards solve financial matters especially when it comes to safety and convenience, credit cards also creates hassle especially when the person using it doesn’t know what you he or she’s getting into.

Indeed, paying off credit card debt may take a long time especially if the person has high interest rates. But, it doesn’t mean that you can do nothing about efficient management of credit card debt.

When you find yourself overwhelmed with credit card debt, don’t fall into a pit of depression. You can get through it with discipline and a change in spending patterns.

Start eliminating problems with credit card debt by getting tips and techniques on how to pay off your balances easier,how to consolidate of frequently encountered problems, look for free debt consultation agencies that can help you, and try’inch by inch to rediscover ways on how you can regain your financial freedom by reducing you credit card debt.

The power to eliminate credit card debt

People who are having problems managing their credit card debt or those who are near in bankruptcy often don’t realize that the power to eliminate their credit card debt troubles totally is in their hands.

Today, more and more Americans need credit card debt help badly. The main problem is that these families are having difficult times paying high interest for credit card debt. And instead of lifting the burden of credit card debt, more people are paying much in interest every month than that of the actual expenditure.

There are actually more lawful and moral ways to zero-out thousands of dollars in credit card debts. And if you only take the time to research and know your rights and how bankruptcy laws have changed, you will discover that there are valuable facts to eliminate credit card debt. Actually, the possibility of reducing or eliminating the high interest credit card debt is now more possible when a person takes action to get his or her finances back on track.

Apart from knowing your weapon in terminating credit card debt, it is very important that you develop a sense of control and perseverance first. Since credit card debt elimination process requires organization, clarity, and commitment to your own growth, it is a must that you are ready for the responsibility and to stand free and independent.

For those people who consider having a credit card indispensable but afraid of getting one because of the possibility of credit card debt nightmare, you must remember that credit card can be a powerful tool in managing your finances but there will always be glitches when not used properly.

Of course, there are countless reasons why you should and shouldn’t get one depending on your needs. Whether you decide to get one or not, managing finances it still takes a sense of good budgeting, willingness to change spending habits, and the humility to avail low interest consolidation loans when you are already burdened by too much credit card debt.

In most cases, it can negatively affect your credit rating to cancel a credit card. A percentage of your credit score is based on the history that has been established with your credit accounts. However, there are times when canceling your credit cards can be an effective decision. Use these guidelines to know when you should cancel your credit cards:

Cancel Your Credit Cards with Zero Balance. Canceling a credit card with zero balance has the least effect on your credit score. When you cancel a credit card with a zero balance, it does not affect the portion of your credit score that is determined through your debt to balance ratio. Your credit score may see an impact from the canceling of the credit card, but this can be increased over a period of time.

Cancel Your Credit Cards if you are Unable to Stop Spending. Credit cards with zero balances and increasing credit limits can be tempting to those consumers that are living on a tight budget and have faced debt problems in the past. If you are one of these consumers then canceling the credit card may be your best option, rather than live with the tempting credit line. This is a sure way to avoid future debt and is worth the small drop that may occur in the credit score.

Cancel Your Credit Cards if You Have Multiple Accounts. Canceling your credit card if you have multiple accounts can reduce the risk of identity theft. When you request a copy of your credit report, you may even be surprised at the amount of accounts which are shown open! Some of these accounts may never have been used after being activated, often; if these accounts are not closed then they can remain open for years, thus increasing the risk of identity theft or fraudulent activity.

Cancel Your Credit Cards if You Have Established Negative Credit History. There are some instances that consumers have established negative credit history from their credit card account. If you have missed payments or have had numerous late payments then you may benefit from canceling the credit card. It is important to avoid these behaviors and ensure that positive credit history is created from the first month that the credit card has been opened. Note, canceling your credit card does not free you from the debt, you will still be responsible for paying off the current debt but by canceling your credit card accounts you will not incur any more credit card debt.

Canceling your credit cards can be as easy as contacting the credit card company to request the cancellation. The credit card company may resist your request, but it is important to be direct and not waive the decision to cancel the credit card.

If you intend to open a new loan account in the next year, then the credit card account should remain open. This is an important factor in the credit rating and therefore it is important to take measures to increase and maintain the credit score – rather than closing accounts which may prove negative to the credit score.

The Two Main Types

The types of proceedings followed by bankruptcy attorneys are generally of two types. One is Chapter 7, which involves liquidation. The second type undertakes the rehabilitation of debtors according to reorganization plans advocated by the court and come under the purview of Chapters 9, 11, 12 and 13 of the code. Having lawyers handle these cases assures you of getting accurate legal advice when you file your case. Bankruptcy attorneys are committed to acquiring debt relief for you and also will fight for your rights and property. They defend you against your various creditors and help you to retain your home, vehicles and other assets.

Choosing An Attorney

Always choose an attorney who deals specifically with Chapter 13 bankruptcy. It is not a rule that every lawyer who takes up cases would deal with Chapter 13 only. The expert that you select should have adequate experience in dealing with Chapter 13 cases. Do not choose a person who has never undertaken such cases. Get accurate information about your bankruptcy attorney from the local bar association, to be sure that your case is in safe hands. Do not hire a professional who make impossible promises. Look around for a lawyer who views your situation in a realistic manner and provides practical solutions. The one that you hire should be well versed with the laws regarding Chapter 13. Also make sure that he or she charges you a reasonable fee.

One thing that can be worse than bankruptcy is to have the wrong person handling your case. This is why you need to do adequate research before hiring a bankruptcy attorney, because, after all it is your financial future that is at stake. Do not wait till the last minute to hire and check for appropriate certifications before taking a decision.

All these factors have combined to leave many hanging on the precipice of financial ruin.  Though bankruptcy in many cases may seem like the best or the only option, it can have serious lasting effects on a family’s financial future.  Though bankruptcy can often dissolve many debts, it usually requires liquidation of many of the family’s assets and leaves them unable to acquire replacements in the near term.  New bankruptcy laws have also instituted requirements that may not be possible for a family to abide by.  If at all possible, bankruptcy should be avoided.

Bankruptcy’s effect on credit is disastrous.  Upon declaring bankruptcy, a person’s credit score basically drops to zero, just as if you have never had credit.  It will take years for a decent credit history to be rebuilt and in the meantime, loans are pretty much out of the question.  A bankruptcy will remain a matter of public record for 10 years and during that time, any credit one does obtain will come with a much higher interest rate and other limitations such as higher down payments.

Filing for bankruptcy itself can be quite costly.  You will have to pay all required filing fees, miss work to attend required meetings and will almost certainly need a lawyer.  Though some attorneys advertise affordable bankruptcy services, the term relative is subjective and will likely not seem affordable to you.  In short, the money you spend filing bankruptcy could be put towards satisfying creditors and avoiding it in the first place.

Fortunately there are some other options available to you.  Many nonprofit agencies exist to help you negotiate with creditors and reduce debts without formally filing bankruptcy.  They can help you reduce the total amount owed, reduce interest rates, eliminate fees and set up a consolidated monthly payment plan.  These measures are often enough to get people back on track and avoid the lasting effects of bankruptcy.

Keep in mind that some of these agencies do charge a fee for their services.  Often, the same results can be achieved by negotiating directly with your creditors.  The creditors want to ensure you are able to pay as much or more than you do.  They know that if you are forced to file bankruptcy that there’d a good chance they will never see a dime.  This is a great incentive for them to work with you.

If you find yourself slipping into the financial bottomless pit, don’t put off doing something.  The longer you wait the more desperate your situation will be and the harder it will be for you to avoid bankruptcy.

Going bankrupt is something that is hard to imagine happening to you. When bankruptcy does occur though, you have some options that you can try. For these bankruptcy options to work you will need to consider bankruptcy filing. The options will include chapter 11, 13, and 7.

Each of these types of bankruptcy filing allows you a breathing space while you try to sort out your financial mess. The most well used bankruptcy claims are chapters 13 and 7. In these two options you will be able to talk with your lawyer and find the best method for paying off your payments.

In general chapter 7 and chapter 13 bankruptcy claims ensures that you can’t be forced to pay further debts once you have placed a bankruptcy filing. For your creditors to stop contacting you it is essential that you file a bankruptcy claim.

Once the bankruptcy filing has been accomplished your payments will commence. These payments will be made depending on the type of bankruptcy that you have filed for. As both of these bankruptcy filings are very different it is best if you understand what happens when you file bankruptcy claims.

In the chapter 7 bankruptcy filing you agree to liquidate all of your disposable and non-exempt assets. These assets, money, and property are turned over to a court appointed bankruptcy trustee. This individual will start the process of turning your disposable assets into cash. Once the amount of money that you owe has been found, the trustee will distribute them amongst your creditors.

You should make sure that when you are preparing for bankruptcy filing that you have given your lawyer a list of all of your creditors so that the proper payments can be finalized.

This step in bankruptcy filing will wipeout all of your debts, excepting for certain non-dischargeable debts. You will however need to discuss with your lawyer the best ways to go about bankruptcy filing for chapter 7 and in some cases chapter 13.

The chapter 13 bankruptcy filing will allow you to make arrangements with your lawyer to pay off these payments as best as you can. The lawyer will examine your bankruptcy case history before you can begin the bankruptcy filing process. Once the filing has been finalized you have a period of 5 years to pay off your debt.

Bankruptcy filing is the best way to make sure that your bankruptcy claim is following in the proper path. Your lawyer should be able to advise you on the best route of bankruptcy to file for.

Today, American citizens and corporations are going bankrupt at unprecedented rates. Statistics show baby boomers are forced into bankruptcy more than any other group. According to a study conducted by the American Bankruptcy Institute, bankruptcy filings for individuals over age 45 have risen nearly 30-percent over the past decade.

Since 2007, the percentage of Americans going bankrupt has risen nearly 70-percent. Nearly 1.5 million bankruptcies were filed in 2008. Estimates show nearly 4.5 million people will file personal bankruptcy by the end of 2009.

Financial experts blame the mortgage crisis for the explosive increase of personal bankruptcies. Borrowers who entered into subprime and adjustable-rate home loans can no longer afford their mortgage payments.

The rapid decline in property values and instability of mortgage lenders has nearly eradicated the opportunity for borrowers to refinance mortgage notes. When borrowers cannot meet mortgage obligations or obtain refinancing they are forced into going bankrupt in an effort to avoid foreclosure

The failure of mortgage lending institutions and Wall Street escalated consumer panic. Multi-billion dollar corporations and independent business owners were forced to either close their doors or enter into bankruptcy. Skyrocketing unemployment, loss of healthcare insurance and credit card company crackdowns created financial ruin not witnessed since the Great Depression.

Unemployed homeowners and those with subprime home loans with balloon payments were unable to refinance or obtain a second mortgage. Their only option was to file for bankruptcy protection. This opened a new can of worms; partly caused by the new bankruptcy laws enacted in 2005.

The Bankruptcy Abuse and Consumer Protection Act was created as an attempt to curtail consumers from going bankrupt to erase credit card and unsecured loan debts. Prior to BAPCPA many consumers filed bankruptcy under Chapter 7. Referred to as ‘liquidation bankruptcy’, Chapter 7 allowed consumers to liquidate assets to repay outstanding debts. Outstanding balances were written off and consumers obtained a clean financial slate.

Today, BAPCPA requires debtors to undergo credit counseling through an approved U.S. Trustee Program agency. Additionally, debtors are required to repay a portion of debts through the development of a Chapter 13 repayment plan. The amount of debt to be repaid is determined through the means test; a financial tool that compares debtors income to their states’ median income level.

When debtors’ income falls below median income levels they might be allowed to file for Chapter 7. Otherwise, they must file for Chapter 13 protection and adhere to established chapter 13 payments which typically last between three and five years.

During Chapter 13 bankruptcy, debtors’ must contribute a large portion of disposable income toward repayment of debts. They are not allowed to incur any new debts without permission from the court. Chapter 13 payments are paid to the bankruptcy Trustee, who in turn distributes installments to creditors.

If debtors are unable to adhere to the repayment plan, creditors can petition the court and request dismissal of the bankruptcy. If this occurs, debtors fail out of bankruptcy and lose all protection of the court. Creditors can commence with collection action including foreclosure.

Going bankrupt is never a joyful experience. It is stressful and emotionally draining. However, it is important to keep a positive outlook and become educated about money management techniques to prevent financial catastrophes from occurring in the future.

Going bankrupt is never a happy event. It can be stressful and emotionally draining. However, it is important to realize there is life after bankruptcy. It is also important to retain a positive outlook and search for options and solutions to overcome future financial hardships.

The Texas bankruptcy laws have incorporated this new bankruptcy act in their laws about debtors and creditors. In this law you will have to attend a court approved credit counseling agency sessions for at least 6 months before you can receive a certificate that will let you to apply for a bankruptcy hearing.

Once you are certified from the counseling agency to begin the process of bankruptcy you should contact a bankruptcy lawyer. This person will have to give you a means test. This means test is part of the new Texas bankruptcy laws.

The means test will determine what your financial status is so that you can apply for chapter 7 or 13 of the bankruptcy code. Depending on the means test and if you have less than $6000, after monthly living expenses, rent, food, loans and medical bills, have been deducted from your income for the next 5 years then you can qualify for chapter 7.

Otherwise you must apply for chapter 13 bankruptcy from the Texas bankruptcy laws. For chapter 13 you will need to have your repayment plan with all of the repayment details stated clearly. This should be given to the court so that they can look it over.

This way the court will be able to see if you are sincere in your desire to repay your debts. Once the court is sure that you will be able to repay all or most of your debts that you have owing, you will be able to file for chapter 13 bankruptcy.

Once the bankruptcy process for both chapter 7 and 13 has begun you will need to gather the various paperwork and documents that you need. This paperwork is required by the Texas bankruptcy laws.

The documents that you should include for your bankruptcy declaration will include an itemized list of your current income sources, the major financial transactions that you have carried out for the last 2 years, and your monthly living expenses.

You will need other items to satisfy the Texas bankruptcy laws act. The secured and unsecured debts, along with any property and assets that aren’t exempt for the Texas bankruptcy laws must be handed with the title deeds.

Once this information has been handed over to your bankruptcy lawyer you can file for bankruptcy. The Texas judicial courts will issue an automatic stay order against your creditors. This will allow you to pay these individuals over a court defined period of time.

The Texas bankruptcy laws are designed to help people in severe financial difficulties. This aid will allow you settle your debts and have a fresh start.

Product Description
A comprehensive look at the enormous growth and evolution of distressed debt, corporate bankruptcy, and credit risk default

This Third Edition of the most authoritative finance book on the topic updates and expands its discussion of corporate distress and bankruptcy, as well as the related markets dealing with high-yield and distressed debt, and offers state-of-the-art analysis and research on the costs of bankruptcy, credit default prediction, the po… More >>

Corporate Financial Distress and Bankruptcy: Predict and Avoid Bankruptcy, Analyze and Invest in Distressed Debt , 3rd Edition