With so many losing their jobs or having their hours cut back in this difficult economy, more and more people are having trouble paying their bills, and some are worried about losing their homes.
Nearly everywhere you look, there are advertisements that offer options for “eliminating your debt.” It’s critical to separate the myths from the realities of debt relief and bankruptcy. The choices you make now can continue to affect your life for many years.
Bankruptcy laws vary from state to state. Some laws may be similar between states; however, if you are thinking about undergoing any sort of bankruptcy, consulting with a local attorney is important. Specifically, the experts in this field are bankruptcy attorneys. These professionals are best equipped to educate you about local laws and regulations as well as assist you in figuring out the best course of action for your unique situation.
Many people who desperately need debt relief are concerned about the social stigma of debt relief, fearing that the news of their bankruptcy will be widely published. In the case of celebrities and public figures, this is nearly unavoidable and thus a legitimate issue. For the rest of us, though, few people outside the affected creditors ever become aware of the proceedings.
If you go through some form of bankruptcy, will this eliminate all your debts? Your attorney can determine whether your financial circumstances meet the current means test for making debt repayments through Chapter 13, a wage earners plan, or if a Chapter 7 filing is more appropriate for you. Both the Chapter 7 and Chapter 13 filings contain many types of debt elimination exclusions such as child support, criminal restitution, and tax liens.
Another area that is rife with fiction is that you will lose your house. Both Chapter 7 and Chapter 13 forms of bankruptcy often allow you to keep your current home. In fact, a Chapter 13 filing, in some instances, is initiated specifically to help homeowners prevent foreclosure. This is an area where you want an experienced bankruptcy lawyer handling your Chapter 7 and Chapter 13 filings and advising on your case in order to protect your assets to the full extent of the law.
If debt was incurred in a state other than the one you live in, or you are contemplating a move to another area, it is important to consult with an attorney in the state in which your debts were incurred before switching jurisdictions. Most states require you to have been a resident of that state for two years prior to filing bankruptcy.
Regardless of the claims you hear on TV, radio, or on the internet, debt relief, whether settling your debts with creditors through negotiating down the balances, or filing for some form of bankruptcy, will impact your credit score. It is fiction that after filing a bankruptcy, your reduction in debt will improve your credit score. The credit bureaus maintain records of all your credit transactions, some for 7 years, some for as long as 10 years. Your credit score will drop, perhaps significantly, after a bankruptcy is filed, and most creditors will show negotiated credit payoffs as “PAID SETTLED” which will also lower your scores.
This doesn’t mean that any future credit opportunities are doomed after bankruptcy. It isn’t unusual that shortly after discharging your debts you will receive new offers for credit cards again. You can expect it to be much more difficult, if even possible to qualify for property and automobile purchases. If you do qualify, it is likely your rates and terms will be less favorable.
However, if some form of debt relief or restructuring is a requirement for you, be sure to work with an attorney to help you understand your options. Your credit will improve over time.
Considering bankruptcy in the Detroit, Michigan area? Call on A Better Way Bankruptcy. With nearly three decades of collective experience in bankruptcy law, their friendly, helpful and compassionate attorneys and professionals can help you get debt relief, stop creditors from calling and get you moving towards a fresh start. SEO 2.0 Services
{ 0 comments… add one now }