For An Alternative Rush

It happens to the majority of us, credit card debt accumulates and before we quite realize it, we are carrying a debt load that is far beyond our means. When this happens, we need to take immediate positive steps to knock down the debt as quickly as possible. One of the most efficient ways to do this is to reduce the amount of interest we pay by shopping around for a better rate and having our balances transferred over. By doing this, we pay more towards the principal, thereby reducing the duration of the loan and saving ourselves potentially thousands of dollars over the lifetime of the loan.

Typically, a credit card carrying a balance of $5000 dollars, with an interest rate of 17.5 % and a minimum monthly payment of $150 would take you 3 years and 10 months to pay off. The total interest accrued would amount to $1, 846. However, if you were to transfer your credit card debt to a lower interest rate loan of 7 %, that same $5000 paid in increments of $150 a month, would be paid off in 3 years, 2 months, substantially reducing the amount of interest to just $564. That’s a savings of $1,282.

There are several options available for lowering your interest rates. Each one has its benefits and drawbacks. By educating yourself, you can choose the one that is best for you.

Consumer Credit Counseling Service

Consumer credit counseling services offers to consolidate your debts into one payment, negotiating with creditors on your behalf to have late fees waived, interest rates lowered and loans extended. Counseling Services will require a ‘donation’ or payment to cover costs and handling fees. You need to weigh these costs to determine if you would still come out ahead by paying a company to negotiate a better interest rate for you; a service that you may be able to do yourself.

Choose a reputable firm that will handle the consolidation in a way that preserves your credit scores. Prior to the consolidation, due dates should be changed to correspond with the counseling service’s payment schedule, since many counseling services only send out checks twice a month, on the 1st and the 15th. If these dates do not harmonize with the due dates on the cards, they will show up as late payments on your report. In addition, it’s important to realize that you need to proceed with caution with these companies because not all are reputable and many remain unregulated. Watch for the following signs that may mislead you into trusting a company you shouldn’t:

understand the term “non-profit.” It does not necessarily mean the company is legitimate or that you will get a better rate. The laws governing a ‘non profit’ organization are vague. Many companies qualify for this title by arranging finances to indicate that the company has not profited, while paying their employees large salaries.

To find out if a CCCS is legitimate, check with the National Foundation for Consumer Credit (NFCC) and the Better Business Bureau in your area. Be wary of companies claiming you can lower your monthly payments-this is a fallacy. As of March 25th 2004 the last two banks to accept lower payments discontinued this practice. Question companies that offer lower interest rates than their competitors. All creditors work off the same interest rate reductions and minimum percentage payments on balances so therefore it is highly unlikely to have this lowered.

Be familiar with the current interest rates on the cards you carry and ask that you choose which cards to consolidate. You already may carry balances with interest rates that are lower than the one they are offering you. If so, request that you be able to exclude those balances from consolidation.

You have to decide if there is a benefit to going to a Consumer Credit Counseling Service or if you can do their job just as effectively yourself. A consumer can often negotiate with creditors themselves for a better interest rate. One option is to shop around for a better interest on credit cards and to transfer the balances from the high cards over to the lower card. Contact your credit card company and tell them you have been offered a better rate at another company and if they plan on matching or beating that rate. If they do not rise to the challenge then transfer your balances to the new card. One option for transferring your balances is to take out a home equity line of credit.

Home Equity Line of Credit

A home equity line of credit is a loan taken out against the equity in your home, in other words your home is offered as collateral. These loans are usually offered at low interest rates. As with any credit, you should weigh the benefits and costs before deciding. Bare in mind that failure to repay the loan, with interest could result in the loss of your home.

The credit limit on the line is derived at by taking a percentage of the home’s appraised value and subtracting the balance owing on the mortgage. The line of credit amount is also based on your income, credit history and additional debt load.

The home equity line of credit works on a variable interest rate, based on the prime rate. Lenders usually charge prime rate plus a 2 percent margin. By law, equity lines of credit must have a cap on how much the interest rate may increase over the life of the plan. Some also limit how low your interest rate may fall if there is a drop in rates.

Home equity plans may set a fixed period during which you can borrow money. At the end of this draw period you may have the option of renewal, or if no renewal option exists, then the plan may call for full payment at the end of the term.

As with any contract, you must read the terms and conditions carefully, as many plans have fees, charges and hidden costs. Some of the costs involved in establishing a home equity line of credit include property appraisal fees, application fees, closing costs and attorney fees. In addition to these costs, you may expect to pay transaction fees every time you draw on the line.

The benefit of opening a Home equity line of credit is that the minimum payments are low, often set at just the interest or interest plus a few percentage points. Be aware that with a variable interest rate, monthly payments may fluctuate. If you sell your home you will probably be required to pay off your loan immediately.

No matter which option you choose, the main goal should be to reduce those high interest rates while paying the lowest penalty for doing so. Weigh the pro’s and con’s of all options carefully and choose a road that best suites your financial situation.

Stay Informed

It is important to stay informed about your credit before you apply for any loan. An excellent way to begin taking control of your financial future is to obtaining a copy of your credit reports before you see a lender. Today you can get your free instant credit reports from the major 3 credit report agencies online. This way you can see exactly what the lender will see. When obtaining your credit reports, you will want to make sure you get your credit report scores as this is what lenders base most of their decision on. The higher your credit score the lower your interest rate will be and vice versa. So be a wise consumer, get you’re a copy of your credit report and reduce your debt through lower interest loans.

About The Author

Melanie Cossey is a successful home based freelance writer. Meanie writes many informative articles on the topic of credit, such as What is a FICO score and why is it important? and Comprehending a Credit Report.

Current detailed Global Positioning System readings taken on the 16-17th Sept have shown that Mont Blanc numbers 4810.2 metres. Mont Blanc is veiled by a thick ice cap which has got bigger by 2.8 m in scarcely 2 years furthermore more surprising the volume of the ice and snow has just about grown twofold . At least that’s as reported by the experts.

The amount of ice and snow was computed for the inaugural time in 2003. It worked out to be 14300 cubic metres higher up than 4780 metres. It amounted to just 13900 cubic meters in 2001 potentially ascribable to the heat wave with plus temperatures as high as 4900 meters height. Notwithstanding the icecap has nearly doubled since then and nowadays measures 24000 cubic meters.

Chamonix village’s valued local weather man Sandra Grass said the development in the mass of the ice cap is among the contrary outcomes of climate change: The amount of snow has not expanded generally in the French Alps but with climate change we’re seeing more warm prevailing westerly winds which bring rainfall at lower altitudes but in summertime this means thick snow that rests above 3900 metres elevation therefore the volume of the ice cap is expanding. Contrast that to the state of affairs in winter time where the snow crystals are extremely cold and are transferred by the wind and so don’t rest on the summit.

Chamonix Mont Blanc France is not only infamous for Mount Blanc it is also a world renowned ski town and climbing mecca with many ski deals and self catering chalets to be rented. Furthermore at just 1 hr from Geneva it is ideal for a ski weekend.

Here is how to prepare a financial statement, for the purpose of
negotiating reduced payments with your creditors.

Secured/Unsecured debts.
Before we get into the substance of this, let’s ensure we are
clear about the significance of secured debts.

If the debt is secured, there is a risk that the item upon which
the debt is secured could be re-possessed, if payments are not
maintained. One of the most common forms of secured debt is the
mortgage — which also typically represents a very large debt
and therefore a potentially very large problem.

There are two important points to note concerning
secured/unsecured debts and attempting to reduce payments.

1. any creditor who is owed a secured debt has no reason to
accept reduced payment. The creditor, in nearly all cases, would
rather re-possess the item upon which the debt is secured

2. The borrower must be aware that, in the case of a secured
debt, any change in the agreed payments carries a risk that the
item upon which the debt is secured could be re-possessed,
unless the creditor agrees in advance to accept the change.
Thus, in most cases, it is only unsecured debts which offer the
chance of a potential reduction in payments.

Right, on to the financial statement.

The following are the items you should list, where applicable,
in order to present your total income and expenditure. You
should calculate and enter a monthly figure for these items.

You might like to copy and paste the following items into your
Word Processor/Spreadsheet/Text Editor for printing out.

INCOME

Wages Salary (after all deductions)……………………

Partners or second salary (after all deductions)………..

Benefits

Unemployment………………………………………..

Maternity…………………………………………..
Sickness/Invalidity………………………………….

Child/One Parent…………………………………….

Retirement………………………………………….

Income Support………………………………………
Family Credit……………………………………….

Contributions

Maintenance…………………………………………

Lodger/Dependants……………………………………

TOTAL………………………………………………..

EXPENDITURE
Rent/Mortgage…………………………………………

Rent/Mortgage Arrears………………………………….
Second Mortgage……………………………………….
Endowment/Mortgage Protection…………………………..
Child Maintenance……………………………………..
Life/House Insurance…………………………………..
Council Tax…………………………………………..

Water Rates…………………………………………..

Gas………………………………………………….

Electric……………………………………………..

Telephone…………………………………………….

Clothing……………………………………………..

TV Licence/Rental……………………………………..

School Meals………………………………………….

Meals at Work…………………………………………

Car Tax/Insurance……………………………………..

Travelling Expenses……………………………………

Spending Money………………………………………..

Total ……………………………………………….

You should ensure that this total expenditure figure is sufficient for your
needs, and that no items of expenditure can be considered
excessive. Obviously, total expenditure cannot be MORE than
total income.

Your income figures will need to be proven by a copy of a recent
payslip.

Look out for How To Get Rid Of Debt Problems Step 3, where we
look at ‘How To Negotiate Reduced Payments With Creditors’

Rob Hawkins is the owner of
Debt Consolidation UK. His company Chiltern Debt Management UK has helped more than 50,000 people to get rid of debt problems, and won the coveted ‘Debt Counsellor of the Year 2004′ award.

Student debt and “undue hardship”

If you are buried deep in debt but your debt is mainly student debt you may want to reconsider bankruptcy since almost all
student loans are non-dischargeable. The law is clear when it comes to student loan debt: Unless repayment causes the debtor
undue hardship, courts won’t allow discharge of student debt.
The above is applicable to Chapter 7 Bankruptcy and Chapter 13 Bankruptcy too. So in order to be able to get discharged from
student debt you’ll need to meet the “undue hardship” requirement.
This concept implies an excessive poorness caused by the debt that would affect the ability of the debtor of paying for basic
needs. The main difficulty is to prove undue hardship.

A bit of history

Student Debt used to be more easily discharged in the past. However, due to abuse, Bankruptcy’s legal requirements were
modified and now it is extremely difficult to get discharged.
The abuse consisted on filing for bankruptcy immediately after finishing college, thus getting discharged of their student
debt prior to joining the workforce.
When this practice became common, lenders complained and got the administration to modify the rules that controlled bankruptcy.

Discharging Nowadays

Currently, the exception of hardship includes government loans and nonprofit organization loans.
So it has become even more difficult to get student debt discharged. Besides, not only has the debt to disrupt the debtor ability to maintain an adequate minimal standard of living but the debtor must have tried by every possible way to repay the
debt.

Co-signer Responsibility

Even if the debtor meets all this requirements, any co-signer who subscribed the loan with the debtor won’t be covered by the
hardship exception and thus will be the sole responsible one for the debt repayment.
This is one of the lender’s main securities and explains why most of the student loan lenders require a co-signer in order to grant a loan.

Final considerations

Filling for bankruptcy or not is a decision that has to be intensively meditated and must be substantiated in the need of a fresh new start when there is no other choice.
If a bankruptcy won’t discharge your student debt, and if your student loans are the main constituent of your debt, then it
makes no sense to suffer all the bad consequences associated with a bankruptcy without being able to enjoy the benefits.

However, if your income is too low, your debt won’t let you even breath and there is no other way of recovering from this
situation, you may be able to convince a court that due to the excessive burden your debt has turned into, it should be discharged.
That way, you’ll be able to get a fresh start and become debt free.

Mary Ann Wise, a professional consultant with more than twenty years in the financial field, is currently committed to helping people in the process of securing personal loans, mortgage, refinance or consolidation loans and preventing consumers
from falling into the hands of fraudulent lenders.
In one of her websites: http://www.badcreditloanservices.com you will find more useful tips and interesting articles on this
subject and other financial related topics.

Businesses, companies, and firms can file for bankruptcy if they are on the verge of failing all their creditors and losing their position in the market. The laws that deal with such cases are federal bankruptcy laws or Chapter 11 and Chapter 13 laws.

One advantage of filing under federal bankruptcy law instead of under Chapter 7 is that this does not require the liquidating of the company. Instead, the company will be run along with the debt being paid as decided, which will give the firm or company a chance to try to make profits again. However, all the decisions made by the management after the case is files must be approved by the federal court.

In case the company files for bankruptcy under Chapter 11, all the assets remain with the company. The company may liquidate stocks and such to pay off some part of the credit but this can be solely at the company’s discretion. However, regular reports must be sent to the court as to any decision being made in the company.

Cases filed under this law are usually very expensive and take a long time to resolve since they deal with a number of people involved in the company instead of with just one individual as in other cases. Even the filing fee for such cases is very expensive. The management must be in a position to incur all such costs when filing the case. Also, a lot of planning must be done before filing the case to avoid too many delays later in the case.

The company can form a committee of creditors to come up with a plan to repay their debts. This involves simultaneously running the company and incurring new expenses and following a court-approved plan to pay off the debt. It is suggested to have attorneys in the committee to avoid litigations in the future relating to this plan.

Bankruptcy provides detailed information about bankruptcy, bankruptcy attorneys, bankruptcy faqs, and more. Bankruptcy is affiliated with New Bankruptcy Laws.

Congress passed and the president signed legislation earlier this year that made filing for personal bankruptcy a much more difficult proposition. At the urging of the financial industry - particularly credit card providers and banks - the new legislation was drafted and approved setting the stage for stricter requirements governing personal bankruptcy. There is a flip side to the new law, one that is actually hurting creditors more than they ever expected; please chuckle with me as you learn just what that other side is.

When President Bush signed legislation making personal bankruptcy a more difficult proposition, credit card providers and banks hailed it as a significant move to reduce the number of deadbeats skirting their financial obligations by filing for personal bankruptcy. The mood, however, has quickly shifted for creditors as an ugly flip side to the new bankruptcy law has reared its head: people are paying off their debt faster than ever before! Realizing that there is no second chance with the new law, consumers are reacting in fear and paying off their debts. So, why is this ugly for creditors? For two reasons:

1. Consumers are not using their credit cards as much, therefore their debt levels are now lower.

2. Consumers are paying off existing debt at faster rates than have ever been seen before.

The result? Less income for the creditors as consumers have wised up. MBNA and Capital One, two huge credit card providers, are seeing their profits sink. Other credit card providers are reporting similar results. Highly dependent on your desire to run up debt, these companies are now seeing their profit margins drop sharply. In a nutshell: high consumer debt equals big profits; low consumer debt levels equals low profits.

I am sure by now you are having the same chuckles as I am. Keep on laughing by paying down your debt and by purchasing what you want with cash. Oh, by the way, ignore the increased flood in your mailbox of credit card solicitations: you don’t want to change the mood of the financial community, do you?

Matthew Keegan is the owner of a successful article writing, web design, and marketing business based in North Carolina, USA. He manages several sites including the Corporate Flight Attendant Community and the Aviation Employment Board. Please visit The Article Writer to review selections from his portfolio.

Finding yourself in a difficult financial situation can be scary. Facing the possibility of dealing with bankruptcy can be even scarier, especially since most individuals or businesses don’t spend time making themselves aware of the legalities that go along with the process. Since many debtors are ashamed of the situation, they often fear asking too many questions regarding the process. As bankruptcy is one of the most important financial decisions a business or individual will ever make, it is essential to have correct bankruptcy information before getting starting with the process.

The federal court systems in the United States deal with all bankruptcy information and set the laws regarding the process. This does not mean that an individual has to go to Washington D.C. to file though, as each state will deal with individuals and businesses during proceedings. This may mean going all the way to the state capitol though. The federal laws on bankruptcy information state that these laws are in place simply to give an honest, but fallible debtor a fresh start.

One of the most important pieces of bankruptcy information to know is that the courts don’t come to the individual or business to file, the individual or business goes to the courts. Simply by filing a petition called a Statement of Intentions, the debtor lets the court system know that they are applying for bankruptcy.

Just because a debtor files the Statement of Intentions does not always mean they will go all the way through the legal system. The courts will need to gather important bankruptcy information through forms that will need to be filled out by the debtor. These forms allow the courts to review a debtor’s credit history, list current creditors and the amounts of the debts, as well as current and past work history. From this the federal court system will make a determination as to whether or not a debtor can proceed with the court case.

Keep in mind that the debtor does not have to hire an attorney to represent them through the proceedings, although attorneys can be a great source of knowledge regarding bankruptcy information. Many debtors are scared to hire an attorney because of additional charges that they cannot afford, but most attorneys are reasonably priced due to the circumstances. Often times attorneys will not charge a fee for an initial consultation when the debtor is simply trying to acquire bankruptcy information.

Unfortunately, most of the general public does not have a thorough understanding of bankruptcy information. This causes misconceptions regarding bankruptcy. One of the major misconceptions of bankruptcy is that all possessions are taken and repossessed by the courts. Since there are many different chapters of bankruptcy, there are also many different takes on repaying debts, and only Chapter 7 requires a complete liquidation of assets. Even with Chapter 7, debtors are allowed exempts, or items that are necessary for living.

One more important piece of bankruptcy information to keep in mind is that there is a new bankruptcy law in place called Bankruptcy Abuse Prevention and Consumer Protection Act. This law was implemented in 2005 to stop fraudulent bankruptcy claims and may make it more difficult to convince the courts of a claim.

Although filing for Chapter 13 and Chapter 11, or reorganization plans, have not changed that much, filing for Chapter 7 has becoming increasingly difficult. Previously, debtors were not required to take courses on debt, but with the new law in place, Chapter 7 debtors are required to take Credit Counseling and Financial management courses before the process can be completed.

Credit: Ian W Anderson of Bankruptcy 411, the bankruptcy information site. For more bankruptcy information and articles like this one visit: Bankruptcy.

Credit card debt transfer can be the best solution for you to stop paying high interest rates when it has accumulated on other credit cards and store cards, choosing the lowest interest credit card carefully to transfer the debt. Debt advice is usually available with most financial services, for both personal and business debt problems you may be carry.

However, make sure to read the terms and conditions to make the transfer of your debt as smooth of a process as possible. While the advantage of paying a lower interest rate is indubitable, debt management is a sort of surprising road, when you may find disgusting news when it is too late to take your steps back.

Preserving yourself from shaky activities involves researching for the best credit card debt offer, which meets your needs, and with no hidden or unclear terms. The most common debt help offered is 0% interest rate a year. Although the offer may be real, the fine print may specify that the interest is only on balance transfers and for a limited period of time to complete the transaction.

Every credit institution and private lenders have their own rules concerning debt management. More often, there are handling fees for balance transfers and the 0% rate applies only for the first 6 to 12 months after your low interest credit card is approved and the balance transfer begins, so most fees associated are only waved for the initial period.

Ask all questions that you may have in mind before initiating any credit card debt transfer, particularly if the new credit card has a super-low rate or offers no interest on debt management. If so, find out how long the introductory rate will last and also if the credit card has an annual fee.

Serious companies will offer you all the debt help that you need, including all information about late payment fees and over-the-limit fees, as well as the credit card’s annual percentage rate after the teaser rate expires, and if this rate also apply to transferred balances, new purchases or both

Credit card debt may carry balance-transfer fees as high as 4%, which may become a costly debt. The higher your debt balance, the higher the transaction fee, while other balance transfers are considered and treated as a cash advance, which is also subject to cash advance fees.

Because not everybody can qualify for super-low rate in balance transfer deals, any credit card offering no fees probably has strings attached in the application’s “small print”. Timely debt help may save you from raising your debt, pay off new interest rates, and additional fees, so make sure you are comfortable with all the terms of the credit card debt before proceeding to a balance transfer.

Natalie Aranda writes on family and personal financing. Credit card debt transfer can be the best solution for you to stop paying high interest rates when it has accumulated on other credit cards and store cards. Credit card debt may carry balance-transfer fees as high as 4%, which may become a costly debt. The higher your debt balance, the higher the transaction fee, while other balance transfers are considered and treated as a cash advance, which is also subject to cash advance fees.

Debt consolidation, equity loans, credit counseling, debt management plans, even Chapter 13 bankruptcy - it doesn’t matter which of these debt programs you’re talking about. They all suffer from one fatal flaw, the number one problem that causes most people to fail at eliminating their debts through these techniques. Can you guess the problem?

It’s probably not what you’re thinking. It’s not the fees, interest rates, or the quality of the companies behind these debt solutions. No, the number one problem with most debt programs is that they require FIXED monthly payments without exception. This major flaw is the main reason that very few people make it through a credit counseling program or a Chapter 13 bankruptcy plan.

Do you make exactly the same amount of money each and every month? If you are like most people, the answer is probably NO. It’s easy to understand why. Salespeople, for instance, often experience ups and downs based on how much commission they earn from one month to the next. Seasonal workers experience boom and bust times depending on the time of the year (think retail workers getting lots of overtime around the holidays). Overtime hours come and go depending on company workloads. Part-time jobs may offer hours that vary widely from week to week. And so on.

Now, what about your expenses? Do you spend exactly the same amount of money each and every month? Sure, your mortgage or rent and your car payments are a set amount each month. But doesn’t your utility bill go up and down depending on the weather? What about your phone bill? How much will you spend on car repairs over the next 6 months? Medical bills? Dental bills? Can you predict such variable expenses with any accuracy?

If you have lots of room in your budget, with money left over at the end of the month, then fluctuating income and expenses are probably not a major issue for you. However, if you are struggling to make ends meet, living from one paycheck to the next, then an unexpected expense can destroy your monthly budget.

People enter debt relief programs with the best of intentions. Take credit counseling, for example. You enter a program to get some help in bringing your credit card debts under control. The monthly payment of $500 sounds good. You’re humming along just fine for a few months, then wham! The water heater blows up. Time to shell out $800 for a new one. Unless you like cold showers, you’ll need to skip the $500 payment to the agency this month, and part of next month’s payment as well. Where does that leave you with the credit counseling program? Back on the street, that’s where. You simply CANNOT miss payments into that type of plan and expect anything but failure.

Or look at Chapter 13 bankruptcy, where the court requires you to pay a set monthly amount to your creditors over a 3-5 year period. Even before the drastic new law went into effect, 2 out of every 3 people failed at Chapter 13 bankruptcy. It will get much worse under the new law, because the court will set your monthly budget for you, based on what the IRS says it should be for your state and county. This is simply unrealistic, and once people realize how bad the new law is, they will run in the other direction from Chapter 13. (Forget about Chapter 7, where you wipe the debts away. The new law will make it very difficult to qualify for the old Chapter 7 fresh start.)

Again, the big problem with most debt relief programs is lack of flexibility. You cannot call your loan officer, the credit counseling agency, or the court trustee and say, “Hey, my kid broke his leg and I had to pay the hospital $500 to cover my insurance deductible, so I’ll need to skip my debt payment this month.” If you could, then these plans might have a chance of working. But such inflexible programs simply do not reflect the unpredictable nature of the average household budget.

So is there any debt program that does provide this flexibility? Yes. It’s called debt settlement, or debt negotiation. It’s certainly not for everyone. Debt settlement is an alternative to bankruptcy. It’s not for people who can pay their bills in full without hardship. But it can be a real blessing for those seeking relief from a crushing debt burden.

The reason debt settlement is so flexible is simply because YOU control the cash. You build up money in a separate savings account until you have enough to make a reasonable offer to one or more of your creditors. Like any debt program, debt settlement has its downside and its risks, but no other program provides this level of flexibility. Because the monthly payment is going into a negotiation fund that you set up and control, a bad month simply means you have less money to settle with. If you can make it up later, that’s great. If not, that’s life. When you have enough to settle ONE account (usually between 35% and 50% of the balance owed), then you make an offer. If your creditor takes the deal, then you start building up funds to knock out the next debt, and so on. It’s the only program out there that recognizes a basic reality: Your budget should set the pace for your debt elimination program. Not the other way around!

Again, debt settlement is not a magic bullet. It won’t cure every debt problem. But if you need to skip a month, or adjust up or down a little to reflect what’s going on in the real world, it doesn’t mean the end of the program. It’s truly a shame that the financial “experts” who have set up the bankruptcy rules, consolidation loan terms, credit counseling plans, and debt management programs haven’t figured this out yet. If they would just recognize this fundamental problem, then the success rate on their programs would increase dramatically and they could stop misleading the public about what works and what doesn’t in the world of debt relief.

Charles J. Phelan has been helping consumers become debt-free without bankruptcy since 1997. A former senior executive with one of the nation’s largest debt settlement firms, he is the author of the Debt Elimination Success Seminar, a five-hour audio-CD course that teaches consumers how to choose between debt program options based on their financial situation. The course focuses on comprehensive instruction in do-it-yourself debt negotiation & settlement designed to save $1,000s. Personal coaching and follow-up support is included. Achieves the same results as professional firms for a tiny fraction of the cost. http://www.zipdebt.com/article5

Most American consumers are living too close to the edge. They are carrying too much credit card and mortgage debt and have too little in the way of savings. When the inevitable unexpected crisis comes along, they have little left to handle it and quickly slip into a critical financial state.

According to many bankruptcy experts, most people file for bankruptcy due to life-changing experiences, such as a job loss, divorce or serious illness. Uninsured medical expenses are supposedly the cause of about 20% of bankruptcy filings. But excessive debt also plays a very large role.

If you are drowning in debt with little realistic hope of paying off your bills, bankruptcy is your only real option. Although far from pleasant, bankruptcy can be easier to handle than the constant pressure put on a debtor by lenders and collection agencies. You can immediately stop all harassment and legal actions, wipe out a good deal of your debt and get a new start on life.

The anomalies of credit scoring also work against debtors struggling to pay off debt. Your score will be low because of excessive use of debt and missed payments. You’re unlikely to get new credit and the interest rates on your credit cards might be raised to usurious levels. You are likely to have a better credit score and find it easier to get credit - very expensive credit - after bankruptcy than before.

Also the stigma and embarrassment that used to accompany bankruptcy has largely disappeared. To many, it has become just another financial planning tool.

The Bankruptcy Procedure

Bankruptcy courts are part of the Federal court system. The bankruptcy law itself is a Federal law, although the states can have their own laws, which govern such things as exemptions. Federal bankruptcy judges apply both the Federal and state laws in the jurisdiction where they sit. Debtors sometimes have a choice of which law should apply.

Bankruptcy proceedings are commenced by filing certain required forms and paying a fee. Filling automatically stays all legal proceedings against you as well as all debt collection actions. Fees can be paid in installments, but must be completely paid before the dischare will be granted.

A trustee will be appointed. His job is to review your financial affairs, collect and sell assets, if necessary, and distribute the proceeds to your creditors. If you are setting up a repayment plan, he will be responsible for seeing it implemented. He will even pursue your debtors to collect money owed you that can be used to pay off your creditors.

The trustee’s powers include the power to set aside preferential transfers made to creditors within 90 days before the filing of the bankruptcy petition, the power to undo security interests and other transfers
of property that were not properly recorded under non-bankruptcy law at the time the petition was filed and the power to pursue claims such as fraudulent conveyance and bulk transfer remedies available under state law.

He also holds meetings which are attended by the debtor filing for bankruptcy and his creditors. This is probably the hardest part of the whole proceedure for most people.

The trustee will question the debtor about his financial affairs and go over his financial records to determine that all assets have been disclosed and that no fraud is being perpetrated on the court.

Attorneys for the creditors are also allowed to ask questions about your expenses and assets.

The trustee will also instruct you on other alternatives and lecture you on the proper use of credit.

He will then issue a report the bankruptcy judge will use in deciding whether to dicharge your debts and which debts are to be included.

A debtor is unlikely to ever meet the judge. In a Chapter 7 case, the debtor will not appear in court unless an objection is made. In a Chapter 13 case, the debtor might have to appear at a hearing approving his repayment plan.

Most of the work will be done in the trustee’s office.

What Debt Can Be Discharged?

Not all debt can be discharged by a bankruptcy court.

A bankrupcy court cannot discharge debts arising from alimony, child maintenance and support obligations; certain taxes (including the last three years income taxes); debts for educational benefit overpayments or federal student loans; debts for willful and malicious injury; debts for death or personal injury caused by the driving while intoxicated from alcohol or other substances; and debts from criminal restitution orders.

To the extent that these types of debts are not fully paid by the sale of assets during during a Chapter Seven case or not fully repaid during a Chapter Thirteen case, the debtor is still responsible for them after the bankruptcy case has been concluded.

Other debts may or may not be discharged. Debts for money or property obtained by false pretenses, through fraud, embezzlement or misuse of funds while acting as a fiduciary; debts for willful and malicious injury to another entity or to the property of another entity; and debts arising from a property settlement agreement incurred in connection wth a divorce or separation are discharged, unless a creditor convinces the court to have such debts declared exempt from discharge.

If you can’t get at least half of your debts discharged, it’s not worth the effort.

Chris Cooper is a retired attorney who has spent several periods of his life deep in debt. At http://www.credit-yourself.com he tries to pass on some of the knowledge he picked up in his journey to become debt free.