If you are dealing with mounting debt and old unpaid bills, you may be a candidate for debt settlement. Some individuals have found it to be the best way to get out from under a large amount of debt. Debt settlement is most successful with unsecured debt such as credit cards, medical bills, and store credit. It is not as effective with secured debt such as a car loan because the asset the debt is secured against, in this case the car, will be repossessed, if the loan isn’t paid in full. And of course debt settlement is not at all appropriate with mortgages.

You should consider this alternative when you find that you are unable to keep up with current credit card payments or have credit cards that are frequently over limit. Once these things start to occur, it is very difficult to break the cycle. Over the limit fees, late charges, and other fees start to kick in and increase your debt total.

Debt settlement is just that: settling your debt with each of your creditors. Not surprisingly, many creditors would rather accept partial payment on a debt, as opposed to no payment at all. When accounts reach a critical point credit card companies realize the odds of receiving payment in full drastically decrease. Many debtors consider bankruptcy at that point which legally eliminates the debt.

If you consider debt settlement as an option, you have the choice of working with a debt settlement company or performing the task yourself.

Settlement companies charge a fee to contact and make arrangements with all of your creditors. Sometimes the fee is in advance of reducing your debt. You pay regardless of whether the settlement company is successful or not. Others charge a portion upfront and the remainder when the settlement is complete, and still others charge a percentage of your entire debt load paid after the settlement is completed. These companies are skilled at performing this service and may you countless hours of negotiation and frustration.

Many creditors are more inclined to negotiate with a company rather than the individual consumer. They have even been known to lower interest rates and remove late charges and over limit fees. It’s easier on you if you don’t negotiate with the creditors. Some creditors may try to browbeat you into a higher settlement or no settlement or threaten you with legal action. Creditors are less likely to do that with a settlement company.

Until the debt is actually settled, not just agreed to, but the payment has been made, the creditor can still take legal action. Or the creditor can turn the account over to a collection agency which means the settlement process starts all over again.

There are several valid reasons to consider debt settlement. First and foremost, you get a fresh start. All your unsecured debt is gone. That means that with hard work and timely payments on any new credit you can re-establish a good credit standing.

Because the majority of creditors are willing to settle for less than the total balance due, your mountain of debt will be paid off more quickly as well. The downside is that each creditor will most likely report the short pay to the credit bureaus and that will hinder you in obtaining new credit.

Debt settlement can stop the credit nightmare if used wisely.



Thanks to Dee Power for contributing this article to our Bankruptcy blog:

Alternatives To Bankruptcy

Sometimes situations arise when you can no longer pay your bills. Although you may have the best intentions of paying off your debt, you simply may not have the means to make this happen. When you can no longer pay your bills, you may need to consider filing bankruptcy. Hopefully you will have considered your alternatives but sometimes bankruptcy is the most viable option. The question then becomes which type of bankruptcy will best suite your financial needs, Chapter 7 Bankruptcy or Chapter 13 Bankruptcy. Your current situation will help you to decide which bankruptcy route is best for you.

A majority of consumers choose to go with Chapter 7 bankruptcy. There are a variety of differences between Chapter 7 and Chapter 13 bankruptcy. Chapter 7 bankruptcy does not require you to make a plan of repayment. When you file for Chapter 7 bankruptcy, your debt is not immediately wiped out. Instead, a bankruptcy trustee will sell off your non-exempt assets in order to pay off your debts. It is important that you understand with Chapter 7 bankruptcy, you could potentially lose any property that you currently own.

However, with Chapter 13, you are not required to liquidate your assets in order to repay your creditors. Instead, you make a repayment plan to pay a portion or all of your unsecured debt back. This is done through the court system and payments can be made over a 36 to 60 month period. The amount you repay your creditors must be equal to or greater than what they would receive should you have liquidated your assets, as with Chapter 7 bankruptcy. If you follow through with your repayment plan, then your remaining unsecured debt will then be discharged.

If you have lost your job or have no means of repaying your debt, then you should probably consider filing for Chapter 7 bankruptcy. However, if you are still able to meet some of your monthly obligations, but cannot pay off your entire debt, then you may want to consider filing for Chapter 13 bankruptcy.

It is important that you have a full understanding of the lasting impact of filing for bankruptcy. Whether you are filing for Chapter 7 bankruptcy or Chapter 13 bankruptcy, there are financial consequences. Chapter 7 bankruptcy will have a steeper impact on your financial situation. By filing Chapter 7 bankruptcy you are telling creditors that you cannot be trusted to pay off your debts. Therefore, you will have a hard time finding creditors to lend you money in the future. This will be extremely important if you are ever in the need for a new car, mortgage or even a simple credit card.

Chapter 13 has less of an impact on your overall credit rating. Since you are still paying off your debt, just in a restructured form or at a lower interest rate, creditors see you as less of a financial risk, than someone who has wiped out there entire debt through Chapter 7.

Be aware that there are certain types of debt that cannot be discharged with either chapter of bankruptcy, so make sure you have a thorough understanding of bankruptcy law, especially with the major recent changes to the laws.

There are both pros and cons to filing either Chapter 7 bankruptcy or Chapter 13 bankruptcy. Before committing to either one, you should sit down with a financial adviser and go over your obligations and options completely. Weighing out the pros and cons of both types of bankruptcy and basing your decision on your current situation, you will be able to easily decide which bankruptcy route you should go with.



Thanks to Jon Arnold for contributing this article to our Bankruptcy blog:

Chapter 13 Bankruptcy Plan

Since Limited Liability Corporations (LLC) are a relatively new type of business entity, LLC owners have some difficulty finding out how courts will treat their bankruptcy LLC cases. As an LLC declaring bankruptcy, the owner may get some liability protection since their business is a separate legal entity. However, this protection is not absolute. Why? B ecause as CEO of the legal entity, the owner has fiduciary duties that effectively give them the same liabilities as a sole proprietorship.

So some important questions remain. Will the judge treat them like an LLC, as a corporation or as a partnership? What will happen during a bankruptcy LLC when the company has only one owner? Currently, there is no code or law that directly addresses bankruptcy LLC proceedings.

Partnership Versus Corporation In Bankruptcy LLC

There are two different ways a bankruptcy court may handle the case of Limited Liability Corporation with a single owner. First, the judge may treat the bankruptcy LLC like a partnership. In this case the court would dissolve the LLC and deal out all remaining assets to creditors. Anything remaining goes to the owner. And as in most business bankruptcy cases, there isn’t usually much left.

But the judge may decide the LLC is a corporation. Here the judge would not dissolve the owner from the bankruptcy LLC. The former owner could give over ownership interest to another party. If the former owner decided not to do this, the bankruptcy judge would treat the former owner like a corporate shareholder. The owner would not have to give up stockholdings, just as a shareholder wouldn’t in a large corporation bankruptcy case. Usually under this scenrio, the owner ends up a little better off.

Legalities of a Bankruptcy LLC

One of the greatest drawbacks to filing bankruptcy as an LLC is that owner has no idea how the judge will treat them. Unfortunately, there are no specific rules for dealing with a Limited Liability Corporation in a business bankruptcy filing.

Because of this, there may be several different factors that a bankruptcy court considers when deciding what to do. The most important factor is the number of member owners in the corporation. That said bankruptcy laws do not define the number of individual owners a corporation must have, especially for an LLC.

Because the lines are so blurry here, it is hard to tell how the bankruptcy court will decide who needs to consent to the bankruptcy filing. All members of the LLC may have to consent to the bankruptcy LLC filing. On the contrary if the judge treats it like a corporation, then only one member must consent. Most often in LLC proceedings, the bankruptcy judge looks to state laws and codes to determine how to deal with the bankruptcy. Therefore these proceedings may vary from state to state.

Filing The Bankruptcy LLC

Before filing for bankruptcy as a corporation or partnership, schedule an appointment with a bankruptcy lawyer to discuss these issues. As an alternative, you can also talk to state or county bankruptcy officials who can clarify how they will determine the proper procedures for bankruptcy LLC. Make sure you interview several lawyers before you select one. They should specialize in bankruptcy and be well versed in the specific rules for your state. If possible, try to find an attorney who has experience filing bankruptcy cases for Limited Liability Corporations.



Thanks to Kevin Muir for contributing this article to our Bankruptcy blog:

How To File Chapter 7 Bankruptcy

When you take the time to view the statistics of bankruptcy you will be alarmed and shocked. In a years time form 2006 to 2007 the number of bankruptcy filings increased by 39,365. On June 30th, 2006 it was recorded that for the year a total of 91,674 people filed for bankruptcy. On June 30th, 2007 it was recorded that for the year a total of 91,674 people had filed for bankruptcy.

The rises in chapter 7 bankruptcies are steadily climbing and are not showing any chance of ceasing. The numbers of those who have filed for bankruptcy are the highest since the new bankruptcy laws of 2005 were set in place. The highest bankruptcy rates by state include Tennessee, Utah, Georgia and Alabama.

Other bankruptcy statistics are just as jaw dropping. Comparing Non-business to business filings you may be surprised. In 2006, the number of bankruptcies was 597,965 for Non-Business cases. Only 19,695 bankruptcies were filed by businesses in 2006.

When it comes to personal bankruptcies over half of those who file have experienced a serious health condition. Two out of three fliers have lost their job and 44% of filers are couples. More women than men file for bankruptcy. Women are rated at 30% while men rank at 26%. Sadly less than 9% of those who file for bankruptcy have not suffered job loss, medical expenses or divorce. These cases are often due to poor financial choices. The top ranking cause of bankruptcy is credit card debt.

You would imagine as we evolve in society that we would have a better understanding of how to control our finances or have methods set in place to help us prevent us from filing bankruptcy. Perhaps future statistics will show a decline in bankruptcy, as financial management courses are available. Only time will tell.

Too often people are led to believe that bankruptcy only occurs due to irresponsibility and poor money management. When in fact one of the top rated causes of bankruptcy is due to medical bills. Studies have shown that out of 1.5 million bankruptcies, half of those were due to out of control medical bills. Three quarters of these individuals were covered by health insurance. With outrageous prices for medication, hospital stays and other medical treatments it is easy to acquire a medical bill in the thousands.

With many Americans struggling to make ends meet while earning money to be considered middle class, medical bills can become a nightmare. Even by making constant payments it is near impossible to pay of harassing bill collectors. There have been examples of people who file bankruptcy who are excellent bill payers, have nice homes, drive nice vehicles and work hard to care for their families. For one woman this was her life until she was stricken with cancer. Medical bills took over her life financially and she was forced to choose bankruptcy for debt relief.

Other instances include an infant becoming stricken with the flu. The child was suffering from a high fever, not drinking fluids or eating as well as showing seizure like symptoms. The parents rushed their child to the emergency room for treatment. The child was cared for and regained its health with no complications. Though the child was healthy once again the parents became overwhelmed in medical bill debt. They were forced to file bankruptcy in order to regain financial control.

Life carries unexpected events, especially when it comes to human health. For cases like those listed here, frivolous spending but an illness that was unexpected did not bring on bankruptcy. This can easily explain why medical bills are a number one cause of bankruptcy filing.



Thanks to Legal Helpers for contributing this article to our Bankruptcy blog:

Auto Loan After Bankruptcy

Can you answer John Doe’s question about Bankruptcy?:

I filed over 2 and a half years ago and was discharged little over 2 years ago. My question is how long after I am discharged do I have the right to include someone in on my bankruptcy? Because 2 months after I was discharged one creditor that wasnt on my bankruptcy but I was deliquent at the time of the discharge is now reporting negative info to the credit companies.

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