Tuesday, March 9th, 2010
bankrupt debt
Neil Robertson asked:


If you are considering going bankrupt, then you are obviously in a very serious debt situation. Bankruptcy may not be the best solution for you, so it is very important to consider the alternatives and get qualified debt advice.

What are the Consequences of Going Bankrupt

In the UK, the consequences for bankrupts are quite severe. You will have your bank accounts frozen, you will have to sell any major assets that you own (house, car etc.), and you may have to pay some money each month out of your income to the insolvency service (this is quite rare). Certain professions do not allow you to be a bankrupt, e.g. accountancy or police.

You will not be able to obtain credit whilst you are bankrupt and you will find it extremely difficult to obtain once you have been discharged from your bankruptcy.
There is a risk of a criminal conviction if the investigation into your finances finds that you were reckless in the way that you got into debt (e.g excessive gambling etc.) and had no intention of paying it back. These types of convictions are quite rare and will only be applied in the most serious of circumstances.

What are the Benefits of Bankruptcy

Bankruptcy is the quickest route to becoming debt free. Once you have presented your petition and been declared bankrupt you will immediately be free of all your unsecured debts. This compares favorably with the timescale for an individual voluntary arrangement that can take 5 years or more to clear your debts.

Alternatives to Bankruptcy

If your situation is serious enough to consider bankruptcy then the only realistic alternative that will resolve your debt problem in a reasonable time is the Individual Voluntary Arrangement (IVA). This is suitable for people that have a profession that will not allow bankruptcy and also makes it more likely that you will be able to keep your home. As previously noted it will take longer to resolve your debt problems (5 years is the standard period but this can be shortened by making a lump-sum payment from a remortgage). There will be no investigation into your finances other than the proposal that the Insolvency Practitioner puts forward to your creditors.

Making the Decision Between Bankruptcy and an IVA

You should always seek qualified advice when deciding between bankruptcy and an IVA. The following is offered as guidance only:

You should try to arrange an IVA if: You have significant assets that you want to protect. You are in a profession that doesn’t allow you to be bankrupt. You are worried that your conduct might leave you open to criminal conviction.

You should consider bankruptcy if: You don’t own you own home. Your job is not money related and there are no known restrictions on you becoming bankrupt.



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Wednesday, August 12th, 2009
bankruptcy file
Cornie Herring asked:

Debt relief related industries are in a rapid growth rate showing that more and more people are looking for debt free solutions to get them out of debt. The fact shows 40% of American households are holding at least ten thousands of debt and many of them are at overwhelming level that urgently need a solution for relief. The bad news is many of debtors are getting out of debt with the worst option: bankruptcy filing. If you are in a serious debt trouble, you want to avoid bankruptcy with your best effort. Then, what are the alternative options available for you other than bankruptcy?

Before finding a debt solution that can pull you out of debt, you must first understand your debt situation. Don’t ignore your debt problem and let your debt continue to snowballing from month to month, you will be very surprise when your debt is piling up to the level that is out of your expectation if you keep ignoring them. The earlier you face your debt problem, the more chances your will resolve it with the best option.

The first thing your need to do it is “Get to know your debt”. Although it very scaring to look at all your credit card bills and loan balances that are over due and need immediate payment, you must take out all these statements and do a summary on what you owe and the overdue amount that need immediate attention. If you are too stressful to calculate all your debt, you may get help from your family members, spouse or friends to help you. If you are considering of getting help from professional counselor to analysis your debt situation, then you may contact a consumer credit counseling agency. Most of credit consumer credit counseling services are free. Their purpose is to help and educate anyone who needs help in handling their debt issue. A counselor will be assigned to handle your case and he will help you to analysis your debt situation before propose to you a debt solution.

Once you know your total debt. You next action is to think of the best solution to settle your debt and this is the hardest part. The immediate action that you can do is carefully thinks of what are the ways to cash out in the shortest period of time. You may perform garage sell or sell your home items at eBay or at your local newspaper free ads column to cash out as much cash as possible. If you have more than one car at home, you may want to reduce to one and sell the rest to cash out the money or reduce your monthly auto loan installment.

The next thing to do is reduce as much as possible your monthly expenses so that you don’t add more debt to your current balance and able to squeeze more money out to be allocated for debt payment. You should create a budget plan so that you know where your money goes and what expenses can be cut to reduce your monthly spending. With that you know how much money left each month that you can dump into your debt payment.

After knowing how much money you can cash out and the amount of money that you can allocate for monthly debt payment, it’s time to negotiate with your lenders for a settlement with discount. Many lenders are willing to reduce the amount you owe as long as you can settle your debt in one settlement. You probably can save 20% to 30% if you have enough cash for settlement. If you have not enough money for one time settlement, lenders may accept to waive the interest as long as you promise to pay an agreed amount each month. Try to negotiate with your lenders to come to an agreement that benefits both parties. If you feel that you are not confident enough to perform the negotiation with your lenders, then you can get help a debt settlement company to do the negotiation on your behalf. But, be aware that there will be fee involved. In most case, lenders do not want you to file a bankruptcy because they won’t really benefit from it. If the negotiate terms are acceptable by lenders, you can be avoided from filing a bankruptcy while working your way out of debt.

Summary

The bottom line is bankruptcy may not be the ultimate option. There are other options available which should be better that bankrupt filing. What you need to do is understand your debt situation, get help from professional if needed to explore the available options and work out with your lenders to get yourself relief from overwhelming debt problem.



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