All the information you need on bankruptcy

When considering filing for bankruptcy, consumers have many bankruptcy questions, and wonder if it’s the right choice for them. The major bankruptcy questions are: what is it? will it affect my credit? how long does the process take? And many other topics which consumers are not aware of. The main thing when bankruptcy questions arise for consumers, is that there really is no right or wrong, yes or no answer to those bankruptcy questions. Each consumer needs to review the facts and decide whether it is the right option for them.

The first of the bankruptcy questions is which form should I file. There are two forms of bankruptcy, Ch 7 and Ch 13 bankruptcy. The next of the bankruptcy questions to answer is, what is the difference?

Ch 7 bankruptcy (straight bankruptcy) is a liquidation process. Debtor’s turn over all non-exempt property to the trustee, who in turn converts it to cash to distribute to creditors. The debtor will be discharged of all dischargeable debts (usually within 4 months). This form of bankruptcy basically gives people “a fresh start.”

Ch 13 (reorganisation bankruptcy) is filed by people who wish to pay off their debts over 3 to 5 years period. This is more for individuals who have non-exempt property they wish to keep. It is also for individuals with a set (predictable) income, which is enough to pay reasonable expenses with some funds left over to pay their debts.

One of the next bankruptcy questions asked is who is affected by my filing? - If you file for bankruptcy, your crediotrs will stop calling and harassing you. The law requires creditors to cease contacting debtors oncec they file for bankruptcy. As far as family, your spouse will not be affected if you file for bankruptcy (if they aren’t responsible for any of your debts). There are some exceptions in real estate transactions requiring both spouse’s names on the contract. But normal debts (like credit cards) don’t require both parties.

There are many additional questions about bankruptcy depending on each individual consumer. Which form to file depends on your debt to income ratio, and whether you can make payments. Deciding on filing for bankruptcy is a personal option which no one, except for you the debtor, can really answer.

Debt Solutions - Your 12 Ways Out from Debts (Part 3)

Being in debt is no fun, especially if you are struggling to make ends meet. Because debt is a complex issue but there may be more than one solution. This article will outlines 12 common methods use by most of debtors to get rid of their debts. Among these 12 debt solutions, there may be one or more options which you can use to solve your financial problem.

4 of the 12 methods: Self Repayment Plan, Debt Settlement, Debt Consolidation, Debt Consolidation Loan had been discussed in part 1 and part 2. This part will focus on another 2 common debt solutions: Credit Counseling and Cash out Refinance.

Credit Counseling

If you do not have self-discipline to work out a budget plan for yourself and a repayment plan with your creditors, then stick to it to get your debt payoff; or you debt balance has reached to an unbearable level, you should consider to get service from a professional service from credit counseling agency.

Through the credit counseling, the counselor will discuss your entire financial situation with you and will advise you on how to realistically manage your money and your debts, help you develop a workable budget, and usually offer free educational materials and workshops.

Normally the credit counseling agency doesnt consolidate your debts. They will work out payment plans with lower interest rate and fees for your outstanding debts. What you need to do is to make one monthly payment to the counseling agency, which will pay all your creditors. Credit counseling programs usually does not hamper your credit rating and if you stick to the plan, it is possible for you to get rid of debt in 3 to 6 years.

Although many credit counseling organizations are nonprofit and work with you to solve your financial problems. Be caution on the hidden fees, some credit counseling organizations charge high fees which may be hidden that can cause more debt. Hence, before you sign up any of the debt management plan offer to you by the credit counseling agency, review their fee structure and ensure the debt management plan is in line with your financial condition. Try to avoid the service which requires you to pay for an up front fee.

Cash out Refinance

If you have equity such as a home, you could refinance it to cash out money for your loan repayment. Typically you are allowed to refinance up to 75%, (sometimes 80%), of the value of the property on conforming loans. For example, if your home is now valued at £150,000 and your loan balance is £70,000, you might be able to get a new £150,000 x 75% = 112,500 mortgage. That would allow you to repay the existing £70,000 balance and use the £42,500 for your financial needs.

Comparatively, refinancing loan has lower interest compare to other personal loan and it has various repayment period which you can choose the one that meet your repayment capability.

In Summary

Credit counseling agencies have wide expertise in handling debts and they have various options for debtors which one of it may suit your financial situation. Get the service from them will help you to have clear picture on the options available for you in handling your debt issue.

If you have built your equity from the past such as bought a home, and now you have financial crisis, this equity will play an important role to save you from the crisis and pull you out from debt.

See you on part 4 for more debt solutions.

To Consolidate Debts Or Not

Admittedly, among debt programs, debt consolidation has the most differing reputation. On the one side, it is the best debt management program. But still, there are some that advise to steer clear of consolidating debts as it would only lead to worse debt problems. Despite the many debates, the question remains if it can really put an end to debt problems or is it just the start of a new cycle of debt. Finance experts agree that the first step to determining the truth about debt consolidation is understanding its role in managing debt. Debt consolidation is rolling all smaller separate loans into a single larger loan. This comes with a lower interest rates and a longer payment term. In effect, debt consolidation allows debtors to write a single check for paying the larger loan instead of writing different checks for different loans, hence, reducing total payment per month. There are also different ways in consolidating debt, and the most popular is transferring debts into one credit card account that has lower interest. Equity loans are also an option for debt consolidation. This is easy as most banks offer equity loans for homes, especially if the debtor can prove that he is capable of making regular payments. There are also lending companies that offer consolidation packages. However, all these options have drawbacks. They usually ask for processing fees and may have higher interest rates compared to the interest of the separate loans. Lending companies and banks might even require that the debtor put his house or any valuable property as collateral.

Debt consolidation, in this perspective, draws up a lot of advantages. It makes for easier payments, lower monthly dues, and at times, lower interests in the total consolidated debt. However, as with most debt programs, debt consolidation, as debt management option also has its disadvantages. First, in putting houses up as collateral, the debtor runs the risk of having his property foreclosed, in the event that he can’t settle his accounts. Also, if there is a longer term for payment, the total interest for the consolidated loan is possibly higher even if the monthly interest is significantly low. Therefore, the debtor does not really save more money but actually pays more money. Aside from these, the longer terms of payment would have the thought of the debt hanging over the debtor’s head for a longer time.

Joel Greenberg, a finance executive, advises debtors not to be blinded by the myths about debt programs, debt consolidation, or debt management promos. To identify the advantages and drawbacks of using these programs, Greenberg strongly suggest the use of calculators or debt management software to determine what option would be better. Computing the total payments and interest of both the individual loans in comparison with the consolidated loan will give you a clearer picture of your financial situation. Getting swayed by false advertisements is not a good way to save your credit and property.

Credit Counseling — Why It Doesn’t Work For Most Debtors

“Cut Your Payments in Half!” the headline screams. “Consolidate Your Bills into One Low Monthly Payment!”

When you see ads like this, they are often from Credit Counseling firms. In this article, I’ll explain the principles behind the Credit Counseling approach and discuss the main problem consumers face when they join one of these programs.

First, let’s get our definitions straight. The term “Credit Counseling” is actually quite misleading, since it has nothing to do with preserving or improving your credit score. In fact, Credit Counseling will often damage your credit, an unpleasant reality that is sometimes downplayed by industry representatives.

Credit Counseling is a debt management program where you make a single monthly payment to an agency. In turn, that agency distributes the money to your creditors on your behalf, ideally at lower interest rates so you can pay off the debt faster. Credit Counseling should not be confused with Debt Consolidation, Debt Settlement, or Debt Termination. Each of these debt programs takes a very different approach from Credit Counseling.

Of all the available debt options, Credit Counseling is by far the most popular, with millions of Americans participating. Does this mean it’s the best choice for most people struggling with debt? No! There are numerous problems with this approach.

In recent years, the Credit Counseling industry has been heavily criticized by impartial consumer groups like the Consumer Federation of America. But these criticisms often miss the mark entirely. They usually focus on the aggressive companies that use their non-profit status to trick consumers into thinking they are charitable organizations, or even that their services are free of charge. In reality, these outfits charge hefty “voluntary” contributions, often adding up to hundreds of pounds, plus steep monthly fees as well.

However, I’m not talking here about the bad companies who provide little or no actual “counseling,” or the ones that are only in business to make their owners rich. No, I’m talking about serious problems with the actual business model itself. So let’s take a closer look at how Credit Counseling works.

Let’s say you owe £25,000 on several different credit cards. Let’s also assume your average interest rate before you enrolled was 20% (which is actually low these days, especially if you’ve missed any payments). Your minimum monthly payments are £500, which you’ve been struggling to keep up with. At this rate, it will take a whopping 109 months (more than 9 years) to pay off your debts, assuming you don’t miss a single payment along the way.

You enroll in a Credit Counseling program that promises to get you out of debt faster. But does it? Assuming your creditors agree to participate in the program (not always the case), the real key is the concession they will grant on your interest rates. In prior years, creditors looked more favorably on Credit Counseling and they offered steep discounts off the normal interest rates. But lately they have squeezed the industry, and the concessions are not so good any more. Currently, most of the major players will reduce interest rates down to a range of 7% on the low side to 18% on the high side. We’ll use 12% as the average.

So if you keep your payments at £500 per month at the new 12% rate, how long will it take? First, we need to deduct the monthly fee charged by the agency. In this example, we’ll use a fee of £25 per month, so £475 of your £500 will go toward debt reduction. The good news is you’ll be out of debt faster. The bad news is that it will still take 75 months (more than 6 years) to become debt-free.

But what happens if you can’t keep up with that £500 per month? After all, you sought help from a credit counselor because you were struggling financially, right? Let’s say you drop down to £450 per month. After deducting the £25 monthly fee, that leaves £425 toward your debt plan. Now you’re looking at 90 months (7 years & 6 months), which is not much better than the 109 months you started out with.

So how can credit counselors claim to cut your payments in half? Good question. If you dropped down to £250 per month, you’ll never pay off your debt! At 12% interest, the debt will climb faster than your £250 per month can reduce it. The lowest you could go would be £300 per month. However, it would now take 20 years to pay off the debt, hardly an improvement!

In order to truly cut your payments in half, down to £250 in this example, the agency would need to completely eliminate all interest! And even then, it would still take more than 9 years to pay off the balance! So the ads claiming you can cut your payments in half are simply false.

Bear in mind here that in our example, we’re assuming you’re working with a good company that charges low fees and actually obtains good interest rate concessions from all of your creditors. Even with the best of credit counselors, you’re still looking at a 5-9 year program to pay off your debts.

That’s why Credit Counseling is usually only effective for people with short-term financial problems. Consumers with long-term financial instability have trouble keeping up with the regular payment stream required to make these programs work. The result? Even the most favorable statistics show that about 3 out of 4 people drop out of Credit Counseling programs before completing them.

If you do decide to join one of these programs in order to obtain some short-term relief, be sure to do your homework first. Here are a few tips to help in your selection:

1. Look for a company that actually provides old-fashioned budget advice and counseling. If they want to sign you up right away without first understanding your budget situation, move on!

2. Obtain copies of the contract and read it carefully before signing up. Make sure you understand all of the fees involved. Are there enrollment fees? “Voluntary” contributions? Monthly fees? Extra fees per account? These hidden fees can add up to big bucks.

3. Make sure they work with all the creditors on your list and not just some of them.

4. Don’t be fooled by “non-profit” status. That doesn’t guarantee you’re dealing with a good company. And it certainly doesn’t mean the service is free!

5. Aim to find a local company that you can visit in person. Check out your target company with the local Better Business Bureau.

6. Make sure they provide support after the sale. Try calling their customer service number to see if you can get through promptly.

Remember, you can eliminate your debts if you take a disciplined approach to your finances, make a budget and stick to it, and don’t use your credit cards unless you can pay off new balances in full each month.

Good luck in your financial future!