Skip to main content

You are here

Bankruptcy

By David Luhman on Mon, 05/11/2009 - 23:30

Bankruptcy

Notes about bankruptcy

Why you want to avoid bankruptcy

Alternatives to bankruptcy

Avoid consolidator loans

How to find money to work out of a hole

Notes about bankruptcy

If you file for bankruptcy, you generally can keep your home, one auto and some personal belongings

Chapter 7

  • More severe form of personal bankruptcy
  • Completely discharges unsecured debts
  • Stays on your credit record for 10 years

Chapter 13

  • Less severe form of debt restructuring
  • You pay back your creditors slowly
  • Creditors agree to forgive some interest and penalties
  • Stays on your credit record for seven years

You can still get limited credit after you file for bankruptcy

  • After filing for bankruptcy, you can't file again for six years
  • Many credit issuers think that this makes you a good credit risk

Why you want to avoid bankruptcy

Filing for bankruptcy costs $500 to $1,000

Many major obligations are not dischargeable by bankruptcy

  • Taxes
  • Child support
  • Alimony
  • Student loans
  • Court-ordered payments (e.g., drunk driving damages)
  • Money borrowed within 20 days of filing for bankruptcy

Alternatives to bankruptcy

Consumer Credit Counseling Services (CCCS)

  • Funded by credit card companies
  • Won't recommend bankruptcy
  • Work out settlement to keep creditors at bay
  • May help you by lowering interest rate and eliminating penalties
  • Telephone : 800-388-2227

It may take three to five years to pay off the debt

Consider conflict of interest if you go to a credit counselor

Counselor may be

Paid by credit card companies

Most counselors receive up to 15 percent of the debt they help recover

For this reason, many counselors won't suggest bankruptcy

Avoid consolidator loans

Offered by consumer finance companies

Promise to consolidate all those bills into "one easy payment"

Problem : Lock you into making high interest payments for years

Better strategy : Grin and bear it for a short while while you find money to work out of a hole

How to find money to work out of a hole

  • Avoid fees from bounced checks (these can really add up)
  • Tap home equity
  • Borrow from a relative
  • Start and follow a budget
  • Increase W-4 allowances - but monitor tax liability to avoid underwithholding
  • Take a second job
  • Work overtime
  • Have spouse or children work
Premium Drupal Themes by Adaptivethemes