What is Bankruptcy for You?

Bankruptcy is a process of the federal court that is aimed at helping both businesses and individuals in clearing up their debts and repaying under the protection given by the bankruptcy court. There are basically two types: liquidation and reorganization. Liquidation bankruptcy, under Chapter 7 of the bankruptcy code, occurs when you plead the court to have your debts discharged. Some of your properties will then be liquidated or sold by the bankruptcy court, returns of which shall be divided among your creditors. This type of bankruptcy proceeding lasts for four to six months which is quite fast and only one appearance at the courthouse...

Friday, March 30, 2012

You will Know How to take Charge Of Your Debts



The rising cost of living and dying has made people more reliant on loans and credit that most people have been indebted to someone at some point in their lives. A debt is an obligation that should be paid and accounted for no matter how meager the amount.

Being in debt is normal considering that no one has a monopoly of all the money in the world. People will always have the tendency to accumulate debts no matter how rich. In fact, rich people have more debts than poor people because they have more needs and they have more collateral or security.

Being indebted isn't something that you should be ashamed of provided you are a responsible debtor. This means the money was used for a very good cause or purpose and the debtor is religious in looking after his responsibility to pay his debts.

Even a person who is savvy is financial management can get into debt for one reason or another. However, a person who is good in managing his finances should also be good in managing his debts. Managing debts would include the ability to know how much a person owes and from where he would get the money to pay such debts.

The ability to know the total indebtedness is a must in debt management because the person who is in debt is aware of the total amount he has to produce to pay off his debts. There are people who don't practice good debt management and they keep borrowing money without being able to monitor how much they already owe people or the financial institutions.

Debt management means that at the time the loan was made, the borrower knows where he would source the payment for such debt. This makes the debt manageable because it would appear that the person has some source of income and he is just not liquid at the time he borrowed the money.

People who don't have a steady source of income should be discouraged from borrowing because there is a tendency for their debts to pile up without being paid at all. Unemployed people who resort to borrowing for their essential expenses like food and daily subsistence would borrow from another creditor to pay off a debt that is already due and demandable. The same thing happens to the second and the next loans after which it becomes a cycle.

A person who is indebted to someone should take an inventory of his assets that can be used to pay off his debts. There is no problem if the debtor is looking at a possible income that hasn't yet been encashed or paid. Such unpaid income can be considered an asset which can be used to pay his debts.

Debts are easily made but they are difficult to pay. Thus, every person should be careful when borrowing money form others. Make sure that you have something to pay for the debt like an incoming income or check, or assets that can be sold to pay off the debt.

Some people get indebted by virtue of loans which have varying interest rates. This means that aside from the principal amount borrowed, the debtors still have to pay for the interest rate. A person who borrowed $100 at ten percent interest rate per month will have to pay the principal plus the interest rate of $10 per month. Some interest rates are based on the actual balance like if the debtor has already paid $20 then the interest rates would only be pegged on the balance of $80. However, there are some interest rates pegged at the original amount borrowed.

While being in debt is a natural thing, every person should learn how to manage his debt and how to stay out of debt if possible. One of the major factors why most Americans are indebted today is the misuse of credit cards.

Credit cards are those plastic cards that can be used to pay for almost any purchase even if you don't have cash. People find it easier to spend when using their cards because they just swipe it and voila----it works like a genie granting their every wish!

However, most people who fail to use their credit cards wisely become indebted and are faced with legal actions for failing to pay their cards when they become due and demandable.

Go ahead, borrow if you must but always take charge of your debts to make sure they don't lead you to declaring insolvency or bankruptcy.
Source http://www.freearticles.com/article/How-To-Take-Charge-Of-Your-Debts/1695

Always Try to Control High Interest Debt



Your net worth is your assets minus your liabilities. Liabilities are debts. The more debts you owe, the lower your net worth will be. Plus whenever you have debts, you also pay for the interest, that’s why you lose more. 

For practical reasons, it’s understandable why people sign up for loans. Take for example, buying a car or a home, it’s hard to shell out cash here and there. That’s why debt is a tool that when used wisely can benefit the borrower. However, the borrower must comprehend that a debt is still a debt and must be paid in due time – with interest. 

When people don’t manage their money well, they get in financial trouble. It’s a cycle. They run short of cash, that’s why they borrow. Then they’re not able to stick to a budget so they can’t pay the debt. 

Reasons why people get into serious debt are:
- Unemployment
- High cause of medical bills
- Settling divorce finances
- Spend-aholic or could not control spending
- Wasn’t able to save
- Not in the know on financial and credit matters

When talking about health, prevention is always better than cure. That’s the same with your money, better to save for a rainy day. Here are some tips:

- Make a budget and do your best to stick to it. When it’s payday, have an amount allotted for the bills that have to be paid as soon as possible. This includes setting aside some for credit card debts. 
- Save 10% of your salary for emergency. You don’t know what could happen the next day, next week or next month. 
- When you have a choice of buying a purchase for a lower and practical price, then go for that one. Think, think, think before investing on something. 
- If you have to borrow, research on the loan. Study the interest rate and the penalty fees. Then after borrowing, make a budget of how much you can save so that you can pay when called for. 

It is common understanding that when you take out a loan, you repay the principal. The principal is the amount that you borrowed plus the interest. 

You can control your credit card debt by looking at the interest rates of any loan you’re considering to sign up for before doing so. Interest rates vary and it is practical that you get one where you wouldn’t lose as much. 

As much as possible, have at least one or two credit cards. Too much credit cards in your wallet can indulge you in buying something you don’t really need. You just buy it because you know you can. However, you’re not sure if you can pay off your debt when the occasion arises. 

If you want to cut down on high credit card bills, you can:

- Pay cash instead

- Limit yourself on charging. Record it and do your best to not exceed that amount. You must always, always keep track. 

- Choose the credit card which offers the lowest interest rate and has no annual fee. 

- Just because you’re getting a free gift or a discount on a purchase, you’ll sign up for that credit card. This is their marketing strategy for possible customers.

- Most importantly, pay bills on time. This is for you to avoid late charges, plus additional interests.


Just bear this in mind: if you don’t pay on time then it would be reflected on your credit history. This could result to you having a hard time borrowing the next time. Banks and other credit lenders check your credit history before they grant your loan. Creditors look at the recent two-year history and those who have credit record that contains a lot of late payments, delinquencies or defaults may not be able to get the loan. 

To put it simply, in order for you to invest, the best advice we could give is to choose the right loan. 

Look for the lowest interest rate. The interest that you save can be spent on other investments. 

Studies show that by increasing your monthly payments, it can shorten the payment term on your loan. The longer you wait, the higher the interest you’re paying. Besides, signing up for a shorter payment term equals less agony when it comes to coming up with the money to pay the debt. 

The key is maximizing your net worth by minimizing your liabilities and maximizing your assets. Know how much you have and strategize on how you can increase it without losing much of it just to pay for debts.
Sorce http://www.freearticles.com/article/Control-High-Interest-Debt/1697

Be carful there can be a Debt Consolidators



Debt consolidators usually attract positive attention at the start because they give the impression that they will neatly arrange all your debts into an organized and even lighter one. Their campaigns make debt relief seem to be so straightforward. They will just consolidate all your bills and convert the interest rates to as low as 0%. Unfortunately, people who have fallen prey to them have experiences worse than the opposite of these empty promises. 


Normal tendency when experiencing financial crisis is to get loans to cover up for previous credits. This being a well-known phenomenon, debt consolidators do their best to entice people into these types of situations with debt consolidation loans which promise easy and immediate processing and approval as well as lower monthly payments and interest rates. Being close to desperation, people tend to become easily lured by such and grab them without a second thought. 


If these people only compute how much they actually pay in totality, they will surely be surprised that it is a lot higher. Sure, the monthly payments are lower but this is mainly because they are spread over a longer period of time. What are usually unnoticed are the interest rates which are, in fact, higher. In most instances, rates go as high as 21% or 22% and these subtly and discreetly wring people in their necks while burying them deeper into a financial rut. 


Debt consolidators also assure customers that they will be in charge of everything. They will apparently coordinate with your creditors. All that is left to do is make one easy payment every month. However, what happens in reality is that they actually charge for such service by taking hold of about 10% of payment given monthly. This is about $50 for every $500 monthly payment. Instead of such amount being used to significantly reduce debt, it automatically goes to the deceiving hands of debt consolidators. 


Most of their services are obviously those which you can do on your own given the right information. You yourself can negotiate with your creditors to make payments more manageable in the light of a current financial difficulty. You need not shell out such a big amount for that. Most creditors are willing to bend a little if only they will be aware of the circumstances. 


What makes doing the negotiations and payments on your own a lot better is that certain cases have already been reported where the debt consolidators themselves are making late payments. They regularly ask the payment from their customers but they remit them late thus causing the customers more charges which they are not made aware of. Such will only be added up to the monthly payments unnoticed. 


Balance transfer cards are also prevalent nowadays which are usual debt consolidation tools. Just the same, they promise lower interest rates. However, you have to take note that such low rates aren't going to be the case forever. After a few months, they will increase. Of course, when that happens, you will look for another provider. The network of credit companies sees this kind of activity and considers you as a risk thinking that something else is behind your switching. Thus, your switching may not be approved and you are left without a choice but hold on to the card and suffer with its high rates. 


It is obviously wiser to think of other options instead of resorting to the services of debt consolidators. Home equity loans, for example, are better options because of their single-digit interest rates which are even tax-deductible. In such cases also, since you do have a home equity, your property may be up for a higher amount refinancing. In turn, you can use the excess money to settle your debts. You may also try personal loans especially if you used to have a good credit history. The interest rate may still be high, around 11%, but this remains to be a better alternative as compared to the 20%++ rate of debt consolidators.


There are several other options that you can try out. If you want to know more about them, you can seek advice and gather information from certain organizations providing credit counselling. Once you have the information that you need, you deal with the situation yourself. Most debt consolidators have already been proven to be unhelpful thus should not take part in your alternatives anymore. You need not worry about being exposed to harassment as there are laws such as the Fair Debt Collection Practices Act to protect you.


Source http://www.freearticles.com/article/Beware-Of-Catchy-Debt-Consolidators/1693

More Closer Look At Bankruptcy



Bankruptcy is a process of the federal court that is aimed at helping both businesses and individuals in clearing up their debts and repaying under the protection given by the bankruptcy court. There are basically two types: liquidation and reorganization. 

Liquidation bankruptcy, under Chapter 7 of the bankruptcy code, occurs when you plead the court to have your debts discharged. Some of your properties will then be liquidated or sold by the bankruptcy court, returns of which shall be divided among your creditors. This type of bankruptcy proceeding lasts for four to six months which is quite fast and only one appearance at the courthouse is necessary. It is very convenient and doesn't require payments stretched over time. 

Chapter 7 bankruptcy isn't available to everyone, though. You may won't benefit from it if in the past six to eight years, you have benefited from a bankruptcy discharge. Likewise, if after examination of your income, expenses, and overall debt, it was found out that the other type of bankruptcy proceeding is more appropriate, then you can't insist on pursuing this kind. Veterans who are now disabled and who incurred their debt at the time of their active duty are almost automatically allowed to file. In addition, those people whose debts are caused by running a business are qualified as well. For those people not belonging to any of these categories, certain criteria must be met. 

The criteria has been affected by the new rules imposed on bankruptcy. One of the considerations is your current monthly income which in turn will be compared against the median income for a family of similar size in your state. This isn't your income at the time of your filing. Instead, it is your average income for the past six months before filing. Social Security benefits like retirement and disability benefits aren't included in the computation. If your income appears to be enough to support the other type of bankruptcy proceeding in spite of permitted expenses and payments for child support, tax debts, and others, liquidation bankruptcy is unfortunately not allowed.

Many people, if given a choice, would prefer this type since repayment of a portion of the debt is unnecessary. You may lose some of your properties but some courts permit some sort of a leeway that doesn't take all to give you something to start with afterwards. 

On the other hand, reorganization bankruptcy, usually under Chapter 13, happens when you file to a bankruptcy court a plan on how you intend to settle your debts. You indicate how much each of your creditors will get, depending on your finances. There will be a three- or five-year repayment plan, only after which can you be discharged of your debts, if any still remains. At times, however, due to obvious financial difficulties, the court itself decides to give a discharge earlier than planned and this is what usually happens. 

An additional requirement for both types of bankruptcy is completion of credit counselling conducted by an agency recognized and approved by the United States Trustee’s office. This helps you look closely at the situation at hand and identify if bankruptcy is really essential. This allows you to see several possibilities of informal repayment which you may have overlooked in the past. Even if such is obviously impossible, counselling remains a major requirement. 

Furthermore, completion of post-counselling is required after the proceedings. This aims to teach you financial management to avoid encountering the same situation in the future. The bankruptcy discharge will not be released unless this is fulfilled. 
Bankruptcy may be beneficial for both the debtor and creditor. This is a way of recognizing one’s responsibilities and mistakes that led to the financial difficulty. The entire process takes into consideration both parties’ interests and leads to the development of an action plan that fulfils them. As such, this law shouldn't be abused by any debtor thinking that a court is there to intervene.

Bankruptcy, although generally advantageous, must be considered as a last resort. You should, in all circumstances, work hard to be in full control of your finances to avoid being estranged in difficulties. Discipline is indeed a very crucial trait that must be maintained at all times.
Sorce http://www.freearticles.com/article/A-Closer-Look-At-Bankruptcy/1691