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Avoid Bankruptcy
Thinking of filing bankruptcy to get debt-free ? Just
spend a few moments here and know why it is better to avoid bankruptcyas
a debt solution.
Bankruptcy
seems to be the most convenient and easy way out during times of financial trouble
to many. And often people are not ready to go in for the phrase "avoid
bankruptcy". But majority of the debtors are not aware of two very
important things: - Bankruptcy is not a wise solution for all debtors.
- Bankruptcy is followed by harmful consequences, damaging all aspects
of life.
Definition: The term Bankruptcy is derived
from the Italian word "banca rotta", meaning broken bench. It is a federal
court process designed to help consumers and businesses eliminate their debts
or repay them under the protection of the bankruptcy court. However, there are
specialized units for bankruptcy in each federal district court. Under the Federal
Bankruptcy Act, these district courts take care of the bankruptcy filings &
other functional procedures. Bad Effects of Bankruptcy:
The disadvantages inherent to the process of bankruptcy also speak a lot in favor
of why it is better to avoid bankruptcy. Following are a few disadvantages of
bankruptcy. - Ruined Credit History: Bankruptcy creates ultimate damage
to one's Credit history. It remains in the Credit report for 10 years from the
date it was discharged. Not only that, it also stays in Court Records for 20 years.
The worst part of this is that it reduces the chances of getting loans and jobs
in the future as creditors and employers judge a candidate first hand through
their Credit Report.
- Property Repossession: Declaring Bankrupt
can result in losing valuable assets (non-exempt property) or equivalent cash
value. You may need to part with your most treasured property.
-
Stained Social Status: Personal bankruptcy can spoil your social status. Familial
relations can also be stressed due to bankruptcy as you may lose your position
in your family. Friends & acquaintances also loose trust & looks down
upon a bankrupt.
- Damaged Business: Filing of bankruptcy by a business
owner can shatter all chances of a growing business. The damaged credit rating
of the bankrupt does not qualify him for business loans. This can result in a
massive financial loss not only to the business owner but to all other people
associated with the business.
- Serious Financial Crisis: After being
declared a bankrupt you can expect all your bank accounts, credit cards etc to
be closed. Anything that you might be leasing, or buying on hire purchase, such
as your car will be immediately returned to the owner. This can however give birth
to tremendous financial crunch.
- Hampered aspects of Life: Bankrupts
may find it extremely difficult to buy or even rent a home; acquire insurance,
security clearance and buying or leasing a car. This can lead to a lot of problems
& put a big question mark on the chances of having a standard & secured
living. It is thus advisable to avoid bankruptcy for a safer future.
Factors
Influencing Bankruptcy: The following factors seem to influence
bankruptcy, in general. But a combination of all these factors is however found
to have greater impact on Bankruptcy. - Rising Unemployment: Unemployment
or sudden loss of job is a key factor influencing bankruptcy. In order to maintain
an optimum standard of living, unemployed people are more prone to taking debt
without the ability to pay back. Thus accumulated debt level rapidly increases
resulting into Bankruptcy.
- Broken Marriage: Rising divorce rates
are seen to have influenced the number of bankruptcy filings. This is because
in most cases one or both the parties suffer financially due to legal separation.
- Credit Card Usage: The more the number of cards, the more will
be the amount of debt. With the increase in the number of accounts used by each
adult, the rate of filing bankruptcy also increases.
- Debt Income
Ratio: Debt :. With the rise in debt-income ratio, rate of filing bankruptcy also
increases.
Myths about Bankruptcy: Bankruptcy
may seem to promise a lot on the surface, but deep down it solves the debt problems,
only with a lot of damages. Here is a listing of certain common misconceptions
about Bankruptcy: - Get rid of all debts: Don't ever think that bankruptcy
can help you take care of all debts. There are some debts that cannot be discharged
under a bankruptcy proceeding. Most of the tax claims, alimony, child support
etc. are just a few examples.
- Fresh Start: Bankruptcy relieves
the pressures of debt temporarily. It doesn't offer a fresh start as the status
of bankrupt reflects in the credit & court reports for the next 10 or 20 years
respectively. Creditors and dealers discard loan applications in the first place.
And even if they grant you loan in the future, they take advantage of this by
charging high interest rates.
- Include only selected Accounts: If
you think that you have the freedom of hiding any account and not including it
while filing for bankruptcy, you are absolutely wrong. The bankruptcy laws are
very strict on this point and any such fraud is punishable. You can keep accounts
away from bankruptcy filing only if you can pay them off fully before filing bankruptcy.
- Ease in filing: The process of bankruptcy is not as easy as it
seems to be. It is very time consuming. Moreover with the changes in the statutory
laws, it may not be that easy to file for bankruptcy.
- Debts wiped
out for free: The process of Bankruptcy makes one debt free either by liquidating
one's assets or by putting him into a new repayment scheme.
How
Debt Consolidation program is a better choice: You can avoid bankruptcy
by choosing debt consolidation, as the latter makes you debt free with a lot of
extra benefits: - Permanent Solution: While Bankruptcy offers only
a temporary relief, Debt Consolidation provides a permanent solution to your debt
problems.
- Minimized Debt: Unlike Bankruptcy, Debt Consolidation
can reduce your debt amount to as good as 40-60%.
- Easy payment:
Debt Consolidation allows paying off debts in easy monthly installment without
making drastic changes to your living standards.
- Clean Credit Report:
Debtors opting for Debt Consolidation Program can have renewed accounts and clean
Credit Report once the debt is paid off.
- Freedom from Creditors:
In a Debt Consolidation Program, you are not dominated by the Creditor, as the
Consolidation Company takes care of dealing with the Creditors.
Whether
you can avoid bankruptcy and take up any other debt solution depends on your debt
situations. But bankruptcy should be chosen only when other options fail to work.
The option best suited to your debt needs can only be judged by a Debt Counselor.
Remember that it is always better to rely on professionals in such cases as one
wrong step taken can result into a thousand troubles. |