Monday, June 29th, 2009
bankruptcy file
David Siegel asked:


Can You Guess The Main Causes Of Bankruptcy Filings? There are several common causes leading one to file bankruptcy. These include, but are not limited to the following:

1. Lawsuits/Garnishments

Nobody wants to be sued and brought to judgment. Nobody wants to have 10%-15% of their hard earned wages deducted from their pay. In many cases, the taking of 10%-15% of one’s wages leads to the inability of that person to pay his rent, utilities or auto payment. Just the thought of the employer potentially having to garnish wages leads many to panic. Debtors do not want their employers or co-workers knowing of their financial troubles.

2. Auto Repossessions

Auto lenders will do whatever it takes to get you financed, regardless of whether you are actually capable of affording the car. They realize that if you can’t pay the installment, they can take back their vehicle and re-sell it before it fully depreciates. They do this through the use of auto auctions where the vehicle often sells for substantially less than what is owed. This leads to a deficiency amount which the lender seeks to recover from the debtor.

3. Unpaid Medical Bills

With more and more Americans going without medical insurance (45.8 million, per the U.S. Census Bureau press release dated 8/30/05), they risk losing whatever they have earned throughout their lifetime should a major medical problem occur. Most claim that they can’t afford to carry medical insurance. In reality, they can’t afford not to. The rising cost of health care could significantly deplete one’s savings should a serious illness or injury occur. Even those with co-payment coverages are having a difficult time meeting their burden of the bill.

4. High Interest Loans

There have always been high interest personal loans from many sources. In recent times, the advent of the payday loan has surfaced. These loans have exorbitant interest, which is often carried over and extended further by way of additional loans. People who cannot survive until their next payday are giving up a huge portion of their paycheck to get the money in advance. This dangerous cycle leads to further borrowing with less and less money actually going into the individual’s pocket.

5. Driver’s License Suspensions

Many states have begun to suspend the licenses of drivers who have been involved in auto accidents without insurance. These drivers are typically given three options: Pay the actual damages to the person(s) involved in the accident; work out an installment payment plan to pay the damages to the person(s) involved in the accident; or file bankruptcy and send proof thereof to the motor vehicle licensing department. If the person continues to drive without rectifying the situation, they risk arrest and/or imprisonment for driving on a suspended license.

6. Foreclosures

The pride and joy of being a homeowner can be easily tempered by the hard work and cost of maintaining the home. The mortgage needs to be timely paid no matter what your special circumstance may be. Real estate taxes and homeowner’s insurance are also required to be paid regularly or you face a foreclosure suit. Changes in employment, health, income and marital status can lead to one’s failure to make timely payments. Many take second mortgages or lines of credit which simply create an additional, financial burden on the homeowner. When faced with the reality that they cannot afford the home, debtors can vacate the home and extinguish any mortgage liability through Chapter 7 bankruptcy.

7. Overzealous Lending

How many credit card applications have you received in the mail this year? If you are like many Americans, the applications continue to appear regularly. Have you received convenience checks or offers for additional lines of credit? If so, you may have taken advantage of the use of the credit without any feasible way of repaying the debt. Many people are receiving pre-approved credit applications when they are in fact, not credit worthy. The credit card lenders point fault at the debtors for accepting the credit without the means to repay it. It seems more logical to fault lenders who do not undertake to check the credit worthiness of particular debtors.

8. Consumer Overspending

Many people see what they want, acquire it, and decide later how they will pay for it. People want to possess the latest clothing, jewelry, electronics, etc. Most stores now offer the ability to take the product home through the use of store credit cards or outside financing. You may even get a modest percentage discount off the purchase price if you open or use the store charge card. Many people charge their groceries, restaurant and transportation expenses believing that if they just make the minimum payments everything will be alright.



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Tuesday, March 31st, 2009
bankruptcy file
Peter Gitundu asked:


Most people today are going to court to seek protection from the harassment of creditors once they have been unable to pay their debts. There are mainly two chapters under which bankrupt people can file a petition. The liquidation chapter has some of the debtors property sold in order to pay off outstanding debts. There are several facts that the debtor must equip himself with when such a situation occurs.

In Personal bankruptcy filing, one can protect their personal property from being taken over by the creditors. One risks being sued by the creditors and loosing all they have if they do not file a financial distress petition in court. This move will protect the consumer property especially if the property cannot cover the debt once sold. The court must evaluate property such as an automobile and house, if they will not be worth the net debt then the debtor will be allowed to retain such property.

Many people live in fear that once they file a personal insolvency petition, creditors may continue to harass them. The truth is that immediately the court has received the petition, it stops the creditors from any collective action against the debtor. The court appoints an attorney who is to answer to any creditors. There will be no more communication between the creditor and the debtor once the petition has been filed.

Debtors should be advised that personal bankruptcy could be the only option left when all has been done to no avail. It is important for anyone willing to go this way to get advice from the appropriate persons to allow them make informed decisions.



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Friday, March 13th, 2009
bankruptcy file
Henry Davidson asked:


If you are greatly pressured by an overwhelming debt, which beyond your financial capability to resolve it, does it mean bankruptcy filing is the only option for you to get a debt relief?

Most often, debt counselors will not advise debtors to file a bankruptcy unless there is no way out of debt. The survey results found that 90% of debtors who go for this option do have other options, they just either don’t know or they don’t really explore for available debt relief solutions before deciding to go for a bankruptcy filing. If you are one more step toward a bankruptcy filing, hold-on for a moment because you might be able to get rid of debt with a better option. Don’t ever choose to go for bankruptcy filing before you explore the available options.

If you are about to file a bankruptcy, it is no harm to explore more options since there is no other option as bad as this debt solution. The very first step you might need to take is to approach a credit counseling service. Most of credit counseling services are free of charge in term of providing counseling services. When you approach a credit counseling agency, a counselor will be assigned to understand your financial situation and your debt problem before they propose a solution that best fit your condition. Most probably you will be proposed with a debt management plan that may involve a monthly fee if your financial condition can fit into a debt management program. This means you have a solution that is better than filing a bankruptcy.

Other than credit counseling service, you may also approach a debt negotiation company to help you negotiate for a settlement. But, this option may require a lump-sum of money to be paid for the agreed settlement amount. So, you are able to prepare the money for settlement. Be aware that the fee you need to pay for the service of negotiation might be rather high, so make sure you get the negotiator to reduce your debt as low as possible. Some companies may help you to cut off 40% to 60% of your debt if you are able to pay a lump-sum of money to your creditors and get your debt erased. Therefore, debt negotiation for settlement should be a better option if you can afford to pay the negotiation fee and the settlement amount.

You will be a better situation to get your debt problem resolved if you have asset that can be pledged for a secure loan. Although paying off your debt with a loan does not mean you are free from debt, you will be able to relax the overwhelming and high pressure condition to a more comfortable level. For example, if you own a house, then you can apply for a consolidation loan or refinancing it to cash out the money and pay off your debt. Be aware that by securing a loan with an asset, you are putting your asset at risk because it will be foreclosed if you default the loan payments. Therefore, you need to make sure you pay the loan on-time during the repayment period. If you have asset that can be used to secure a loan, you can always get rid of debt without bankruptcy, what you need to do is to make sure you pay the loan on-tine so that you won’t get yourself into bad debt again.

Summary

There are always other options other than bankruptcy filing to resolve a debt problem. You should always explore the available options to get rid of debt and avoid filing a bankruptcy with the best effort.



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